sense4code, s.r.o. We keep your personal data private and secure and allow you to have full control over it.
We care about your privacy and the information you share with us, and we want you to understand how Sense4code s.r.o.("Sense4code" or"we") obtains, stores, processes and protects your personal data in connection with the demand, orders and delivery of our products and services, the operation of websites or mobile applications.
Sense4code fully respects your right to privacy and personal data protection and accepts best practices in accordance with applicable EU privacy laws and regulations, including the General Data Protection Regulation ("GDPR").
Personal data is any information relating to an identified or identifiable individual, you as an entrepreneur, and/or your employees. All products and services we provide are intended for you as our customer acting in the course of your business or other business activity and/or in the exercise of your profession for your employer, who isourcustomer (hereinafter referred to as "customer " or "you").
This document describes
The controller of personal data is Sense4code s.r.o. with its registered office at Rybná 716/24, 110 00 Praha 1, registered in the Commercial Register maintained by the Municipal Court in Prague, file number: section C, insert 248576. I.D.: 04492412.
You can find the current contact details on the website in the Contacts menu.
The data controller has appointed a data protection contact person. Contact information:
Name: Ján Hudec
phone: +420 773 637 935
We process your personal data in several different ways and for the corresponding purposes:
Processing of personal data for the purchase of products and services
In order to process your orders and provide you with the products and services ordered, we need to know and further process your personal data. We collect personal data from you from various sources including publicly available sources such as public registers (e.g. commercial register), company websites, documentation necessary for fulfilling contracts (e-mail or other communication, demands, orders).
Processing of personal data for communication and training
If you give us your consent, we will use your personal data to send you news about our products, services, promotions and news and other business communications related to products and marketing seminars or professional training held by Sense4code.
Sense4code collects data about you that is limited to the type of information that can be found on a typical business card: first name, surname, job title, work e-mail and work phone number, as well as the name, ID, ID number, registered office or business premises of the employer or company.
In some cases, we may ask you to provide additional professional information, such as the size of the company you work for and the industry.
In order to improve and/or update the information you have provided to us, we may combine it with professional information and personal data that we collect from third-party sources.
The personal data we refer to in this document is personal and professional information provided by you and other information that we collect from third-party sources.
We also collect data about the products or services ordered, orders made, amounts paid, payments made, etc.
This website also collects and stores certain information automatically using cookies and similar technologies, including IP addresses, region, or general location of the computer or device accessing the Internet, browser type, operating system, page view history, and other usage information.
We process your personal data from your inquiries or orders for products and services and from applications for training and conferences. We collect personal data from you from various sources, including publicly available sources such as public registers (e.g. commercial register), professional social networks, company websites, documentation necessary for the fulfillment of the contract (e-mail or other communication, orders).
We process your personal data in order to conclude framework or other purchase contracts, on the basis of these, to ensure the full use of our services – processing and handling of demands, orders, provision of deliveries of ordered products and services, receipt of payments and processing of any reminders of payments for delivered products and services, after-sales support, handling of complaints and warranty and post-warranty service.
In the event that you are late with payment, fail to fulfil your obligation, we do not receive payment from you, or we have suffered other damage or injury by you, we may also process personal data for the purpose of recovering our claims and/or determining, protecting and exercising our legal rights.
The purpose of processing your personal data may also be to send marketing offers and other commercial communications based on your consent.
We process your personal data on the basis of the legal title of fulfillng of the contract and/or our legitimate interest (especially if you are dealing with us as an employee of the customer) to communicate with the specific authorized person representing the contracting party for the purpose of fulfilling the contract or to provide related information.
We also process your personal data on the basis of a legitimate interest in recovering our claims and/or identifying, protecting and exercising Sense4code's legal claims. We may retain your personal data for this purpose for the duration of the limitation period.
Under certain circumstances, we may also process your personal data in other ways, provided that Sense4code has a legitimate interest in doing so and does not infringe upon any of your rights and freedoms.
The legal title of processing for sending marketing offers and commercial communications is your consent to the processing of your personal data pursuant to Article 6 paragraph 1a. You grant this to confirm that you want to receive marketing communications or information about seminars or professional trainings.
By confirming, you agree that we may process and sort your personal data according to the above categories for the purpose of offering the trade, services or products and services of other entities, for value-added services, for marketing, training and business purposes of Sense4code, as well as for offering our products and services through telemarketing.
Your consent is purely voluntary and you can withdraw it at any time.
We will keep personal data exclusively for the period necessary for the processing of your order and fulfillment of the purchase contract, or for the duration of the contractual relationship (e.g. in the case of a framework contract), or for the duration of the possibility of complaint as well as warranty or post-warranty service, or after-sales support.
Some personal data may appear on accounting documents (i.e. in particular invoices, receipts and delivery notes). Laws (e.g. accounting law or VAT Act) impose on us to keep these documents for up to 10 years. Therefore, if we are legally obliged to archive these documents, we also store your personal data on the relevant tax document.
We store data for sending marketing offers and commercial communications for the duration of the consent granted, i.e. for a maximum of 5 years or until its withdrawal.
We take appropriate security measures (especially technical and organizational) to protect your personal data from any accidental loss, destruction, misuse, damage and unauthorized or unlawful access. Please note, however, that no data transmission via the Internet or data storage technologies can be guaranteed 100% secure.
The controller has concluded a contract for the processing of personal data, which guarantees in particular adequate security measures.
Such measures may include, but are not limited to, taking reasonable steps to ensure the liability of employees who have access to your data, staff training, regular backups, data recovery and incident management procedures, software protection of devices where personal data is stored, etc.
We may share personal information we collect in the ways described above with third parties that provide certain services related to the sale, delivery, order processing, administrative support or use of software resources. These persons are thus in the position of personal data processors. We may share your personal data in particular with:
In accordance with applicable law, you have the right to request access to your personal data that we process as a personal data controller, the right to correct, delete or transfer (e.g. transfer of your personal data to another service provider), the right to object to and also the right to request restrictions on our processing. You can also withdraw the consent you have given us at any time. Please note that withdrawing your consent will not affect the lawfulness of any processing carried out on the basis of your consent prior to such withdrawal.
Under applicable law, you have the right to have your personal data shared with us corrected. You can request a correction via e-mail: email@example.com.
We take reasonable measures to ensure that you can keep your personal information accurate and up-to-date. You can always contact us to ask if we are still processing your personal data.
If you find that your personal data we process is inaccurate or incomplete and you are unable to update your personal data pursuant to this article, you can ask us to update your personal data. We will verify your identity and update your personal data.
You can ask us to delete your personal data at any time. If you contact us with such a request, we will delete without undue delay all your personal data that we have if we no longer need your personal data to fulfil contractual and legal obligations or to protect our legitimate interests as described above.
We will also delete (and ensure deletion by the processors we entrust) all your personal data in the event that you withdraw your consent and we do not process such data for other purposes/legal titles or if required by law.
You can withdraw your consent to the processing of data for marketing purposes at any time without giving a reason. Please contact us via email: firstname.lastname@example.org or letter. In this case, we will no longer process your personal data (unless we process such data for other purposes and legal titles). You may withdraw your consent not only for all personal data and purposes, but also only for certain personal data or purposes.
Please note that the withdrawal of your consent does not affect the lawfulness of any processing carried out on the basis of previously granted consent.
You have the right to obtain personal data concerning you that you have provided to us and that we process on the basis of your consent or fulfillment of a contract, in a structured, commonly used and machine-readable format. If you so request, we may send your personal data to a third party (another data controller) that you provide in your request, provided that such request does not adversely affect the rights and freedoms of others, and if it is technically feasible, or we may provide it directly to you.
You have the right to object at any time to the processing of personal data processed on the basis of our legitimate interest, or to fulfill a task carried out in the public interest or in the exercise of public authority. Unless there are compelling legitimate grounds on our part for processing that outweigh the interests or rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims, we will no longer process personal data.
If you ask us to restrict the processing of your personal data, e.g. where you question the accuracy, legality or our need to process your personal data, we will limit the processing of your personal data to the minimum necessary (storage) and, if applicable, we will process it only for the establishment, exercise or defence of legal claims, or to protect the rights of another natural or legal person, or other limited reasons prescribed by applicable law. If the restriction is lifted and we continue to process your personal data, we will inform you without undue delay.
You have the right to lodge a complaint regarding our data processing with the Office for Personal Data Protection, Pplk. Sochora 27, 170 00 Praha 7. The Office website is www.uoou.cz.
If you exercise any of your rights, we will inform you of the action taken or the correction or deletion of your personal data or restriction of processing in accordance with your request to each recipient to whom such data has been provided, if such disclosure is possible and/or does not require unreasonable efforts.
You may exercise rights relating to personal data, incl. withdrawal of consent, at any time in the following ways:
When you apply, you will be asked to provide some of the identification information you provided during registration. The provision of such data is necessary to verify that the relevant request has been sent by you. We will respond within one month of receiving your request, but we reserve the right to extend this period by two months.
We only require the personal data necessary for the conclusion and fulfillment of the contract, i.e. in order to be able to properly hand over the ordered products and services to you. If you do not provide us with the necessary data, we will not be able to meet the above.
We will not process your personal data for sending marketing offers and commercial communications unless you give us your consent. Giving consent is your free choice. The only consequence is that we will not send you marketing offers of products, training, etc.
BEFORE USING THE SERVICES OFFERED BY SENSE4CODE
("SUPPLIER" as defined below) PLEASE READ THESE SOFTWARE AS A SERVICE TERMS ("Agreement") CAREFULLY. BY USING THIS WEBSITE AND SERVICES, YOU AGREE TO SUBMIT TO THE TERMS OF THIS AGREEMENT ON BEHALF OF YOURSELF OR THE ORGANIZATION, COMPANY OR ENTITY FOR WHICH YOU ARE ACTIVE ("Customer" or "You") AND DECLARE THAT YOU ARE ENTITLED TO BIND CUSTOMER TO THIS AGREEMENT. IF YOU DO NOT HAVE SUCH AUTHORITY OR DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT, YOU MAY NOT ACCEPT THIS AGREEMENT AND YOU WILL NOT HAVE THE RIGHT TO USE THE SERVICES OFFERED BY SUPPLIER. REGISTRATION USING "BOTS" OR OTHER AUTOMATED METHODS IS NOT ALLOWED. SUPPLIER'S ACCEPTANCE OF THIS AGREEMENT IS EXPRESSLY SUBJECT TO YOUR ACCEPTANCE OF ALL THE TERMS OF THIS AGREEMENT, EXCLUDING ALL OTHER TERMS; IF THIS AGREEMENT IS CONSIDERED TO BE AN OFFER BY SUPPLIER, ITS ACCEPTANCE IS EXPRESSLY LIMITED TO THIS AGREEMENT.
"Affiliate" means any entity that directly or indirectly controls, is under common control with, or is controlled by a Party. For this purpose, 'control' means the power to direct or administer the management or policy of such an entity, whether through beneficial ownership of voting securities, a contract or otherwise.
"Authorized User" means an employee, contractor, agent or any other person authorized by Customer to access and use the Services through Customer's account for the purposes set forth herein. Customer is responsible for ensuring that Authorized Users comply with this Agreement.
"Course Provided by Customer" means a course or course that Customer makes available, presents or otherwise administers to Authorized Users.
"Course in Customer's Course Store" means the Course and related materials that Customer requests to be made available to third parties through the LMS Course Store.
"Documentation" means user manuals, online help, training materials and any other documentation available to Customer in connection with the use of the Services.
"Effective Date" means the first day Customer accesses the Services.
"LMS Services" means the services and materials relating to the structuring and presentation of Online Courses to Authorized Users, including the Supplier's own course content.
"LMS Course Store" means a course online store page operated as part of the Service where courses and related materials may be promoted and made available to other users.
"Order" means the order document concluded between the Supplier and
"Portal" means the web address assigned and/or designated by the Supplier to Customer to access the Services.
"Service" means the Supplier's hosted Internet service for learning management under the name Scormium, which is available to the Customer through the Portal.
"Supplier" means Sense4code with its registered office in the Czech Republic, Křižíkova 185/35, 186 00 Prague 8 - Karlín.
The Services provided by Supplier include (a) the LMS Services and (b) the LMS Courses Store (as defined in the LMS Academy Terms of Sale) as well as other content or features made available by Supplier from time to time.
Customer undertakes to: (a) provide Supplier with reasonable information and assistance in order to provide the Services; (b) comply with all applicable local, state, provincial, national, federal and foreign laws in connection with your use of the Services; (c) promptly notify the Supplier as soon as it becomes aware of any unauthorized use of the Services; (d) designate a qualified employee as the administrator of the Customer Services; (e) collect, upload, update all Authorized User data and materials provided for use in connection with the Services; and
(f) in the case of a Free Version account, not to maintain - either directly or indirectly - more than one account.
You may pay fees for some features of the Services. Before paying any fees, you will have the opportunity to familiarize yourself with the fees that will be charged to you and agree to them. All fees are in U.S. dollars and are non-refundable unless expressly stated otherwise herein.
If you offer third parties or Authorized Users a course in the Customer Store or a course delivered by a Customer in exchange for a Fee, you may receive the fees charged less certain fees and expenses ("Customer Fees") through the Supplier's third party service provider (e.g., Stripe). You may choose the fee, as well as the pooling of materials in exchange for a discount, if the Supplier makes such an option available. In order to receive your customer fees, you may be asked to account with this third-party service provider or other financial institution, and you may be charged fees for any
related processing services. Any fees charged by the supplier's third party service provider or other financial institution are a matter between you and that provider or institution and may be governed by their terms or the agreement you have with them. Supplier may set limits on the balance of customer fees you need to be paid and on the amount of customer fees you may pay on a given day or transaction, and Supplier may update such limits from time to time in its sole discretion. Under no circumstances may the customer pay out more than $1,000 per day.
Supplier and its licensors retain all intellectual property rights in the Services and their components, including source code, Documentation, Portals, URLs, appearance, structure, organization, preparatory design material and all other elements of the Services. ("Materials"). All Materials in the Services are the property of Supplier or its third party licensors. Except for the right to use the Services for the period set forth in this Agreement, nothing in this Agreement shall create any rights for Customer in the Services.
Supplier reserves all rights to the Materials not expressly granted in this Agreement. To the extent that Customer provides Supplier with any feedback regarding the Services (including feedback regarding usability, performance, interactivity, bug reporting and test results) ("Feedback"), Supplier will own all right, title and interest in such Feedback (and Customer hereby makes all transfers necessary to achieve such ownership). Customer shall promptly notify supplier of any third party claim delivered to Customer relating to intellectual property rights in the Services or Documentation.
During the Term, each party ("Disclosing Party") may disclose to the other party (the "Receiving Party") the first party's confidential or proprietary materials and information ("Confidential Information") in connection with this Agreement. All materials and information communicated by the Disclosing Party to the Receiving Party under this Agreement and marked as "Confidential" or provided with a similar legend at the time of communication, and any such other information that the Receiving Party should reasonably know to be Confidential Information of the Disclosing Party, shall be deemed to be "Confidential Information"; for the avoidance of doubt, the Services, all price information and the terms of this Agreement are confidential information of the Supplier. The Receiving Party shall maintain the confidentiality of the Confidential Information and shall not disclose such information to any third party without the prior written consent of the Disclosing Party. The Receiving Party will only use the Confidential Information internally for the purposes envisaged by this Agreement. The obligations in this Section 15 do not apply to any information that: (a) is generally available to the public without violating this Agreement, (b) is developed by the receiving party independently of the disclosing party's confidential information, (c) is disclosed to the receiving party by a third party without restriction, or (d) was in the lawful possession of the receiving party prior to the communication to the receiving party and was not obtained directly or indirectly by the receiving party from the disclosing party. The Receiving Party may disclose Confidential Information if required to do so by law or court order; provided that the Receiving Party promptly notifies the Disclosing Party in writing and makes every effort to limit disclosure. The Receiving Party shall at any time, at the request of the Disclosing Party, return to the Disclosing Party all Confidential Information of the Disclosing Party in its possession, including all copies and extracts thereof. Notwithstanding the foregoing, (i) the Receiving Party may disclose Confidential Information to any third party to the limited extent necessary for the exercise of its rights or the performance of its obligations under this Agreement; provided that all such third parties are bound in writing by obligations of confidentiality and non-use of the Disclosing Party's Confidential Information, which are at least as protective as the terms of this Agreement, and (ii) all Feedback is solely Supplier's Confidential Information between the parties.
Customer will defend, indemnify and hold harmless Supplier from and against all third-party claims, actions, proceedings, regulatory investigations, damages, losses, judgments, settlements, costs and expenses (including attorneys' fees) arising out of or in connection with: (a) Customer's violation of any laws or regulations (including those relating to the protection of personal data); (b) customer's or any authorized user's use of the Services; and (c) breach of any agreements entered into by Customer with any Authorized User.
The Supplier reserves the right to amend this Agreement at any time with a notice period of seven days. Please periodically review this Agreement for changes. If the amendment to this Agreement materially changes the rights or obligations of the Customer, the Supplier may require the Customer to accept the amended Agreement in order to continue to use
Services. Customer must accept these changes in order to continue to access or use the Services. If Customer does not agree to the Modifications, Customer's exclusive remedy is to cease all access to and use of the Services. If the effective date of the modifications occurs during the Term of the Subscription and customer does not agree to the modifications, Customer may (as its sole remedy) upon notice to Supplier terminate its affected Subscription and Supplier shall refund to Customer any fees paid in advance for the use of the Services for the terminated portion of the term of the relevant Subscription. To exercise this right, the Customer must deliver to the Supplier a notice of his disagreement and termination within 30 days of the Supplier's notification of the changes. Material changes are effective at the moment of acceptance of the modified version of the Agreement by the Customer.
Non-material changes are effective at the time of publication. Except as expressly permitted in this Section 19, this Agreement may only be modified by a written agreement signed by authorized representatives of the parties to this Agreement. Disputes arising under this Agreement shall be resolved in accordance with the version of this Agreement in effect at the time the dispute arose.
You acknowledge that the Services may be subject to U.S. and international export control laws and regulations. You agree to comply with all applicable export control and re-export control laws and regulations, including the Export Administration Regulations maintained by the Export Control Authority.
Ministry of Commerce of the Czech Republic and trade and economic sanctions maintained by the Office for the Control of Foreign Assets of the Ministry of Finance. You agree not to sell, export, re-export, transfer or redirect the Service provided by supplier to any destination, entity or person prohibited by the laws or regulations of the Czech Republic without obtaining prior permission from the relevant governmental authorities as required by such laws and regulations. In addition, you warrant that (1) is not located in Cuba, Iran, North Korea, Syria or Crimea, Ukraine, and (2) is not a Rejected Party as set forth in the above regulations. This export control clause shall survive termination or repeal of this Agreement.