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Terms and Conditions

The previous Terms and Conditions can be found here.

Article I
Introduction and Definitions

  1. Ing. Andrej Fogelton, registered office at Kuklovská 495/7, 841 04 Bratislava-Karlova Ves, Slovak Republic, ID 481 771 99, (hereinafter referred to as Provider) is the operator of the website blinkingmatters.com, or other registered domains (hereinafter referred to as Sites) enabling the conclusion of the license agreement to the provided software Eyeblink (hereinafter referred to as SW) in the manner specified in other parts of these Terms and Conditions (hereinafter referred to as T&C) and the end-user license agreement  (hereinafter referred to as EULA).
  2. Customer is the entity that pays the Provider a fee for acquiring the time-limited possibility to use the full functionality of the SW in the manner specified in other parts of these T&C and EULA or the entity that fulfils the condition of the temporary free usage of SW (hereinafter referred to as Customer or You).
  3. Visitor means any natural person who accessed any of the Sites through the browsing program (hereinafter referred to as Visitor).
  4. Fee for the purposes of these T&C shall mean the financial amount paid by the Customer to the Provider for the acquisition of a time-limited possibility to use the full functionality of the SW according to the current price list of the Provider (hereinafter referred to as Fee).
  5. Payment of the Fee or the reproduction of the SW (download) in accordance with EULA shall be considered as the acceptance of these T&C.
  6. T&C govern the mutual rights and obligations between Provider and Customer.

Article II
Services and Fee Payment

  1. Provider enables Customer to acquire access to the SW through Sites and to use it on Customer’s devices.
  2. The Customer has the option to choose from various regimes of SW usage further described in EULA, i.e.:
    1. License Eyeblink basic – limited functionality of SW is available free of charge,
    2. Trial License – limited maximum period of 14 days with the possibility to test the features and functionality of the SW,
    3. License Eyeblink premium – requirement to pay the Fee by Customer, valid for given period of time,

(Any of the licences hereinafter referred to as License).

  1. Customer shall pay the Fee to the Provider, unless expressly stated otherwise in these T&C. The actual Fee is available on: blinkingmatters.com/buy. If the customer uses the Fee payment services of Braintree (division of Pay Pal, Inc.) accessible through the links on the Provider’s Sitess, the Customer thereby agrees to the Braintree Payment Services Agreement available at https://www.braintreepayments.com/legal/payment-services-agreement and the applicable bank agreement available at https://www.braintreepayments.com/legal/bank-agreement-us.
  2. Electronic invoice as a tax document of the Fee payment shall be send to the Customer’s email address provided during the registration or the Fee payment process.
  3. After a successful Fee payment by the Customer and after the transaction acceptation by the Provider in accordance with these T&C, or after the fulfilment of the free use requirements, Customer will be allowed to use the SW within the limits specified in EULA.

Article III
Provider’s Rights and Obligations

  1. Provider shall allow Customer to use the SW under the terms of these T&C and EULA.
  2. In case of License Eyeblink premium, Provider shall send the Customer the license key to activate the time-limited full functionality of the SW without any unreasonable delays after the successful payment of the Fee in a  manner described in these T&C.
  3. Provider is not liable for any damage resulting from the incompatibility of the Customer’s device.
  4. Provider is not liable for the damage caused by misuse of the license key or the Customer’s device, which occurred due to the loss or theft of a Customer’s device or negligence.
  5. Provider is not liable for failure to perform the obligations under these T&C according to the objective circumstances of force majeure. Circumstances excluding the liability of the Provider for the purposes of these T&C are circumstances that do not depend on the will of the Provider and might not be affected by the will of the Provider.

Article IV
Customer’s Rights and Obligations

  1. Customer has the right to use the SW according to the conditions specified in these T&C and EULA.
  2. Customer has the option to try the functionality of the SW based on the conditions of the Trial License.
  3. Customer is aware of the possibility to try the functionality of the SW in accordance with Art. IV Section 4 of these T&C, expressly agrees with the start of SW usage and declares the awareness that the expression of consent results in the loss of the right to withdraw from the contract in accordance with Art. 7 Section 6 Letter l) of the Act No. 102/2014 Coll. of the Slovak Republic on consumer protection when selling goods or services on the basis of the distance contract or contracts negotiated outside business premises: “The consumer cannot withdraw from the contract, the subject of which is the provision of electronic content other than on a tangible medium, if the performance has begun with the express consent of the consumer and the consumer stated that he was properly informed that by the expression of consent they lose the right of withdrawal.” This means no refund policy because there is 14 days trial license, everybody can try SW before purchasing.
  4. Customer hereby grants the Provider permission to use the Customer's logo, business name, and feedback from Provider's Sites in order to provide references etc. Consent under the preceding sentence is non-exclusive, territorially unlimited and royalty-free. This consent can be canceled by the Customer any time on demand. Provider wants to be able to use your feedback to improve the service because of this you agree that Provider will own everything that is created thanks to your feedback.

Article V
Privacy Policy

  1. Provider provides the Privacy Policy to inform users about policies and processes regarding the collection, use and disclosure of personally identifiable information (“personal information”) received from users of Sites and from the Eyeblink application.
  2. We do not sell, trade or otherwise transfer your personal information to third parties in any manner that could be harmful, dangerous or violating your privacy. We are here for you and if we are making you uncomfortable about your privacy, it is a feedback we want to hear from you. Please don’t hesitate to reach out to us at support@blinkingmatters.com.
  3. Information we collect
    We collect and process information from you when you purchase a license, interact with our Sites or start of Eyeblink application.
  4. We collect information in the following ways:
    Information you give us. For example, if you purchase a license, we will ask for your details to be able to generate you the invoice.
    Information we get from your use of Eyeblink. We collect generated unique computer identifier (PCID), eyeblink settings and your blink rate statistics (if enabled).
    Cookies and similar technologies. We and our partners use various technologies to collect and store information when you visit our Sites, and this may include using cookies or similar technologies to identify your browser or device. We also use these technologies to collect and store information when you interact with services offered by our partners and third parties, such as advertising services or user behaviour analytics services. We may offer you services provided by our partners as a part of our Sites, in such case information about you is collected via a third party cookie.
  5. Why do we need your information and how we use it
    We use the information we collect from all of our services to provide, maintain, protect and improve them, to develop new ones, and to protect our Sites and our users. We also use this information to offer you tailored content or used anonymized information for reasearch purpose.
    We will ask for your consent before using information for a purpose other than those that are set out in this Privacy Policy.
    Provider processes personal information on servers of our infrastructure provider in Czech republic and we use help of a few other specialized third party service providers as well. Therefore, we may process your personal information on a server located outside the country where you live.
  6. Transparency and choice
    People have different privacy concerns. Our goal is to be clear about what information we collect, so that you can make meaningful choices about how it is used. For example:
    Wherever it is optional to collect additional information about you, we transparently inform you about what information we need, why we ask for it and we require your consent to process such information. When you change your mind, there is always a convenient way how to let us know. You can always set your own Cookie preferences and therefore decide whether you agree to be on our radar when it comes to ads or behaviour analytics or not.
  7. Accessing and updating or deleting your personal information
    We use your personal information only for legitimate business or legal purposes (generating invoice), that is why we can not delete it or update it.
    Statistics/preferences you send us from Eyeblink application are collected for research purpose, they are identified using the PCID. You can enable/disable sending statistics any time within the Eyeblink settings. If you want to delete the already transfered statistics, please email us.
    We aim to maintain our services in a manner that protects information from accidental or malicious destruction. Because of this, after you delete information from our services, we may not immediately delete residual copies from our active servers and may not remove information from our backup systems - such information is completely removed according to our backup retention policy after 7 days.
  8. Information we share
    We do not share personal information with companies, organizations and individuals outside of Provider unless one of the following circumstances applies:
    With your consent. We will share personal information with companies, organizations or individuals outside of Provider when we have your consent to do so. We require opt-in consent for the sharing of any sensitive personal information.
    For external processing. We provide personal information to our affiliates or other trusted businesses or persons to process it for us, based on our instructions and in compliance with our Privacy Policy and any other appropriate confidentiality and security measures.
    For legal reasons. We will share personal information with companies, organizations or individuals outside of Provider if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:
    meet any applicable law, regulation, legal process or enforceable governmental request; enforce applicable Terms of Service, including investigation of potential violations; detect, prevent, or otherwise address fraud, security or technical issues; protect against harm to the rights, property or safety of Provider, our users or the public as required or permitted by law.
    We may share non-personally identifiable information publicly and with our partners – like publishers, advertisers or connected sites. For example, we may share information publicly to show trends about the general use of our services.
    If Provider is involved in a merger, acquisition or asset sale, we will continue to ensure the confidentiality of any personal information and give affected users notice before personal information is transferred or becomes subject to a different privacy policy.
  9. Information security
    We work hard to protect Sites, our systems, and our users from unauthorized access to or unauthorized alteration, disclosure or destruction of information we hold. In particular:
    We encrypt our services in transit using SSL.
    We review our information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to systems.
  10. Compliance and cooperation with regulatory authorities
    We regularly review our compliance with our Privacy Policy. If you feel like we’re falling short, please send us a complaint in writing. We value your feedback so we may contact you to ask for more information or to follow up. We work with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that we cannot resolve with our users directly.
    In case you are curious how we have approached the EU General Data Protection Regulation, please see GDPR Commitment section of this page.
  11. Changes
    Provider may change this policy from time to time, and if we do we will post any changes on this page. If you continue to use the services after those changes are in effect, you agree to the revised policy.
  12. Minors
    Provider is committed to protecting the privacy of young children, and therefore does not knowingly collect or maintain personal information on the Sites or the service from persons under 16 years of age, except in compliance with children's online privacy protection law. Accordingly, children under the age of 16 may only use the service with the permission and supervision of their parents. Additionally, teachers and schools seeking to use the service in the classroom with children under 16 years of age are required to obtain express consent of such children's parents in compliance with the applicable law, prior to permitting such children to access or use the service.
  13. Other privacy policies
    At our discretion, we may occasionally include or offer third party products or services on our Sites. As these have separate and independent privacy policies, we have no responsibility and liability for the content and activities of these linked sites. However, we do our best to protect the integrity of our Sites and welcome any feedback about these sites and services.
  14. Your consent
    By using our site, you consent to our Site Privacy Policy and the way how and for what purpose we process your personal information.

Article VI
Third Party Service Providers

  1. Provider may engage and use a selected set of third parties to process certain Customer Data in connection with the Service (each, a “Subprocessor”). This page provides all information about the entity, location of processing and role of each Subprocessor.
  2. Prior to engaging any Subprocessor, Provider carries out due diligence to evaluate the Subprocessor, focusing on privacy, security and other practices affecting the processing of Customer Data. Provider is responsible for its Subprocessors.
  3. Third Party Service Providers
    Why do we need them? As we would like to focus on our mission, we decided not to run our own infrastructure or develop all the features that we need ourselves. Provider have agreed to work with the following companies and incorporated their services as an underlying, integral part of our solution.
  4. SERVICE DATA COUNTRY OF PROCESSING
    webhosting All customer data (content, contacts, purchases, technical) Czech republic
    System and web administration All customer data (content, contacts, purchases, technical) Slovakia

  5. How do we update this information?
    From time to time the Subprocessors we engage may also change. We may engage new processor, or change one of the old ones. We will provide the owner of Customer’s account with notice of any new Subprocessors to the extent required under the Agreement or by applicable law, along with posting such changes here.

 

Article VII
GDPR Commitment

  1. Our Commitment
    We are committed to partnering with all Users to help them understand the General Data Protection Regulation (“GDPR”). The GDPR is the most comprehensive EU data privacy law in decades, and will come into effect on May 25, 2018.
    As well as strengthening and unifying user data privacy across the EU, it also puts new or additional obligations upon anyone that handles EU citizens’ personal data, regardless of where they are located.
  2. The GDPR’s updated requirements are significant and our team is working hard to bring our service offerings and contractual commitments in line. Measures to achieve this include:
    Changes in our product itself. We are changing our user interfaces and service offerings in order to give users more control over the data they submit to / via Eyeblink or Sites.
    Policies. We have already updated our Privacy Policy. We are working on our internal policies and practices to ensure that we are aligned with the GDPR requirements.
    We’ll also continue to monitor the guidance around GDPR compliance from privacy-related regulatory bodies, and will adjust our plans accordingly if it changes.
  3. Stay Updated
    Fulfilling our privacy and data security commitments is important to us. This page will be revised to reflect GDPR-related information as it becomes available. If you have any questions, we hope you will reach out to us at support@blinkingmatters.com.

 

Article VIII
Final Provisions

  1. Should any provision of these T&C be invalid or unenforceable, this shall not affect the validity of the other provisions of the T&C, which shall remain valid and enforceable in accordance with the conditions stipulated therein.
  2. These T&C shall be governed and construed in accordance with the laws of the Slovak Republic. Situations not specified in these T&C are governed by the laws of the Slovak Republic.
  3. If the Slovak law does not stipulate otherwise disputes or claims ensuing from these T&C shall be settled by Bratislava I District Court and as a Customer You expressly agree to the said court exercising jurisdiction. If it is not possible to settle the dispute or claim by a specifically chosen Court according to the applicable legislation, You expressly agree that any disputes or claims ensuing from these T&C shall be settled by the Slovak court chosen by the applicable legal principles.
  4. The Supervisory Authority is the Slovak Trade Inspection, the SOI Inspectorate for the Bratislava Region, with its registered office at Prievozská 32, P.O. Box 5, 820 07 Bratislava 27.
  5. T&C and EULA constitute the entire agreement of the Provider and the Customer.
  6. Provider is entitled to change the T&C at any time, with the new T&C published through the Sites. The new T&C shall enter into force on the date of their publication.
  7. Possible future change in T&C does not affect the use of already purchased Licences.
  8. These T&C become valid and effective on 24 of May 2018.