PREAMBLE

These Terms and Conditions of Use (hereinafter referred to as the “Terms”) govern the legal relationship between DataTip, s.r.o., as the operator of the website www.datatip.eu, and any natural person or legal entity (hereinafter referred to as the “User” or “You”) who uses the website www.datatip.eu (hereinafter referred to as the “Website”). By accessing, browsing, or otherwise using the Website, the User expressly and unconditionally agrees to be bound by these Terms in their entirety. If the User does not agree with any provision of these Terms, they are not authorized to use the Website and should cease its use immediately.

ARTICLE I: DEFINITIONS

1.1. Operator (or “We”, “Us”, “Our”): DataTip, s.r.o., with its registered office at Alžbetina 30, 04001 Košice, Slovak Republic, Company ID (IČO): 36869112, Tax ID (DIČ): 2023131594, VAT ID (IČ DPH): SK2023131594, EORI: SK2023131594, registered in the Commercial Register of the City Court Košice (Mestský súd Košice), Section: Sro, Insert No.: 26071/V.

1.2. Website: The collection of all web pages, data, information, text, graphics, images, software, and other materials accessible through the domain name www.datatip.eu and all its subdomains.

1.3. User (or “You”, “Your”): Any natural person or legal entity accessing or using the Website for any purpose.

1.4. Content: All information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials displayed on or available through the Website.

1.5. Services: Any functionalities, information, or services provided to Users through the Website.

1.6. Copyright Act: Act No. 185/2015 Coll. on Copyright and Rights Related to Copyright, as amended.

1.7. GDPR: Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC (General Data Protection Regulation).

1.8. Personal Data Protection Act: Act No. 18/2018 Coll. on Personal Data Protection and on amendments to certain acts, as amended.

ARTICLE II: INTELLECTUAL PROPERTY RIGHTS

2.1. The Operator is the sole owner or licensee of all intellectual property rights, including but not limited to copyright, trademark rights, and database rights, in and to the Website and its Content. This includes the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content.

2.2. The Content of the Website is protected by the Copyright Act and other applicable national and international intellectual property laws. The User is authorized to use the Website and its Content solely for personal, non-commercial purposes, in accordance with these Terms.

2.3. Any use of the Website or its Content, in whole or in part, beyond personal, non-commercial use, including but not limited to reproduction, modification, distribution, transmission, republication, display, or performance, without the prior express written consent of the Operator, is strictly prohibited and constitutes a violation of the Operator’s intellectual property rights and applicable laws.

2.4. No part of the Website or its Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or other medium for publication or distribution or for any commercial enterprise, without the Operator’s express prior written consent.

2.5. “DataTip” and associated logos are trademarks or registered trademarks of the Operator. Other trademarks, service marks, graphics, and logos used in connection with the Website may be the trademarks of their respective owners. The User is granted no right or license with respect to any of the aforesaid trademarks.

ARTICLE III: CONDITIONS OF WEBSITE USE

3.1. Access to and use of the Website is generally provided free of charge, unless explicitly stated otherwise for specific premium Content or Services.

3.2. The User undertakes to use the Website in compliance with these Terms, applicable laws of the Slovak Republic, and general principles of morality and public order.

3.3. The User is strictly prohibited from:

  • a) Interfering with, or attempting to interfere with, the proper functioning of the Website, its technical infrastructure, security measures, or Content without the Operator’s express prior written consent. This includes, but is not limited to, attempting to circumvent any security features, introducing viruses, worms, trojan horses, or other malicious code.
  • b) Using any automated means, including but not limited to robots, spiders, scrapers, or offline readers, to access, monitor, or copy any part of the Website or its Content for any purpose, particularly for commercial purposes, without the Operator’s express prior written consent.
  • c) Transmitting, uploading, or otherwise making available through the Website any material that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable, or that infringes upon any third-party rights.
  • d) Impersonating any person or entity or falsely stating or otherwise misrepresenting affiliation with a person or entity.
  • e) Using the Website for any fraudulent or unlawful purpose.

3.4. The Operator reserves the right, at its sole discretion, to restrict or terminate the User’s access to the Website, or any part thereof, at any time and without prior notice or liability, if the User breaches these Terms or engages in any activity that the Operator deems harmful to the Website, its Users, or its business interests.

ARTICLE IV: WEBSITE CONTENT, AVAILABILITY, AND MODIFICATIONS

4.1. The Content provided on the Website is intended for general informational purposes only. While the Operator endeavors to ensure that the Content is accurate, complete, and current, the Operator makes no representations, warranties, or guarantees, whether express or implied, regarding the accuracy, reliability, completeness, timeliness, or suitability of the Content for any particular purpose.

4.2. The Content should not be construed as professional advice (e.g., legal, financial, technical). The User acknowledges that any reliance on the Content is solely at their own risk. The Operator expressly disclaims any liability for any loss or damage arising from such reliance.

4.3. The Operator reserves the right to modify, suspend, or discontinue, temporarily or permanently, the Website or any Service to which it connects, with or without notice and without liability to the User or any third party.

4.4. The Operator does not warrant that the Website will be available uninterrupted, error-free, or free of viruses or other harmful components. The User is responsible for implementing sufficient procedures and checkpoints to satisfy their particular requirements for data input and output accuracy, and for maintaining a means external to the Website for any reconstruction of lost data.

ARTICLE V: DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

5.1. THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE OPERATOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

5.2. THE OPERATOR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF THE OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

  • a) THE USE OR THE INABILITY TO USE THE WEBSITE OR ITS CONTENT;
  • b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE;
  • c) UNAUTHORIZED ACCESS TO, USE OF, OR ALTERATION OF THE USER’S TRANSMISSIONS OR DATA;
  • d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE;
  • e) ANY ERRORS OR OMISSIONS IN THE CONTENT;
  • f) ANY OTHER MATTER RELATING TO THE WEBSITE, ITS CONTENT, OR ITS USE.

5.3. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS.

5.4. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO THE USER. IN SUCH JURISDICTIONS, THE OPERATOR’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

ARTICLE VII: PERSONAL DATA PROTECTION AND COOKIES

7.1. The protection and processing of the User’s personal data collected through the Website are governed by the GDPR, the Personal Data Protection Act, and the Operator’s Privacy Policy. The Privacy Policy forms an integral part of these Terms.

7.2. The Privacy Policy provides detailed information on the types of personal data collected, the purposes and legal bases for processing, the duration of storage, the User’s rights as a data subject, and how to exercise these rights.

7.3. The Website uses “cookies” and similar technologies to enhance User experience, analyze Website traffic, and for other purposes. Detailed information regarding the use of cookies, the types of cookies used, their purpose, and how Users can manage their cookie preferences is provided in the Operator’s Cookie Policy. By continuing to use the Website, the User consents to the use of cookies as described therein, subject to their preference settings.

ARTICLE VIII: INDEMNIFICATION

8.1. The User agrees to indemnify, defend, and hold harmless the Operator, its officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms by the User or any activity related to the User’s account (including negligent or wrongful conduct) by the User or any other person accessing the Website using the User’s internet account.

ARTICLE IX: GOVERNING LAW AND JURISDICTION

9.1. These Terms and any legal relationships arising from the use of the Website shall be governed by and construed in accordance with the laws of the Slovak Republic, without regard to its conflict of law provisions.

9.2. Any disputes, controversies, or claims arising out of or in connection with these Terms, including their breach, termination, or invalidity, shall be exclusively settled by the competent courts of the Slovak Republic. The general court of jurisdiction for the Operator is the relevant court in Košice, Slovak Republic.

ARTICLE X: MISCELLANEOUS PROVISIONS

10.1. Entire Agreement: These Terms, together with the Privacy Policy and Cookie Policy (and any other documents expressly incorporated by reference), constitute the entire agreement between the User and the Operator with respect to the use of the Website and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the User and the Operator.

10.2. Severability: If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the maximum extent permissible, and the remaining provisions of these Terms shall continue in full force and effect.

10.3. Waiver: No waiver of any provision of these Terms by the Operator shall be deemed a further or continuing waiver of such provision or any other provision, and the Operator’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

10.4. Amendments: The Operator reserves the exclusive right to amend, modify, or supplement these Terms at any time and at its sole discretion. Any such changes will be effective immediately upon posting the revised Terms on the Website. The date of the last update will be indicated at the beginning of the Terms. The User’s continued use of the Website following the posting of changes will constitute their acceptance of such changes. Users are encouraged to review these Terms periodically for any updates.

10.5. Assignment: The User may not assign or transfer their rights or obligations under these Terms without the prior written consent of the Operator. The Operator may assign its rights and obligations under these Terms without restriction.

10.6. Headings: The headings used in these Terms are for convenience only and shall not affect the interpretation of these Terms.

10.7. Contact Information: Should you have any questions regarding these Terms, this Privacy Policy, or our Cookie Policy, please contact us.

PRIVACY POLICY

DataTip, s.r.o. (“us”, “we”, or “our”) operates the https://www.datatip.eu website (the “Service”). This Privacy Policy informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data. We are committed to protecting your privacy and processing your personal data in accordance with the General Data Protection Regulation (GDPR) and the Slovak Act No. 18/2018 Coll. on Personal Data Protection.

1. Data Controller

The controller of your personal data is:

DataTip, s.r.o.

2. Information We Collect and How We Use It

We collect several different types of information for various purposes to provide and improve our Service to you.

a) Personal Data You Provide to Us:

This is information about you that you give us by filling in forms on our Website (e.g., contact form, registration form, newsletter subscription) or by corresponding with us by phone, e-mail or otherwise. This information may include:

  • Contact Information: Name, email address, phone number, postal address.
  • Account Information: If you create an account, username, password, and other registration information.
  • Communication Data: Information you provide when you contact us with questions, feedback, or otherwise correspond with us.
  • Marketing Data: Your preferences in receiving marketing from us and your communication preferences.

Purposes of Use:

  • To provide and maintain our Service.
  • To notify you about changes to our Service.
  • To allow you to participate in interactive features of our Service when you choose to do so.
  • To provide customer support.
  • To gather analysis or valuable information so that we can improve our Service.
  • To monitor the usage of our Service.
  • To detect, prevent and address technical issues.
  • To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information (based on your consent or our legitimate interest).

Legal Basis for Processing:

  • Your consent (e.g., for newsletters, certain cookies).
  • Performance of a contract with you (e.g., to provide services you requested).
  • Compliance with a legal obligation (e.g., for invoicing).
  • Our legitimate interests (e.g., for improving our services, direct marketing to existing customers for similar products/services, security purposes), provided these are not overridden by your interests or fundamental rights and freedoms.

b) Data Collected Automatically (Usage Data & Cookies):

When you access the Service by or through a device, we may collect certain information automatically, including, but not limited to, the type of device you use, your device unique ID, the IP address of your device, your operating system, the type of Internet browser you use, unique device identifiers and other diagnostic data (“Usage Data”). We also use cookies and similar tracking technologies to track the activity on our Service and hold certain information. Please see our Cookie Policy below for more details.

Purposes of Use: As described in our Cookie Policy, primarily for website functionality, analytics, and potentially for personalized advertising (if applicable and with consent).

Legal Basis for Processing: Your consent for non-essential cookies; our legitimate interest for essential cookies necessary for the functioning of the website.

3. Data Sharing and Disclosure

We do not sell your personal data. We may share your personal data in the following situations:

  • With Service Providers: We may employ third-party companies and individuals to facilitate our Service (“Service Providers”), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used. These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose. (e.g., hosting providers, email service providers, analytics providers).
  • For Legal Reasons: We may disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g., a court or a government agency).
  • Business Transfers: If we are involved in a merger, acquisition or asset sale, your Personal Data may be transferred. We will provide notice before your Personal Data is transferred and becomes subject to a different Privacy Policy.
  • With Your Consent: We may disclose your personal information for any other purpose with your consent.

4. Data Retention

We will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies. For marketing purposes, we will retain your data as long as you have not withdrawn your consent or objected to such processing.

Usage Data is generally retained for a shorter period, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.

5. Your Data Protection Rights under GDPR

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. DataTip, s.r.o. aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.

  • The right to access: You have the right to request copies of your personal data.
  • The right to rectification: You have the right to request that we correct any information you believe is inaccurate or complete information you believe is incomplete.
  • The right to erasure (right to be forgotten): You have the right to request that we erase your personal data, under certain conditions.
  • The right to restrict processing: You have the right to request that we restrict the processing of your personal data, under certain conditions.
  • The right to object to processing: You have the right to object to our processing of your personal data, under certain conditions (e.g., for direct marketing).
  • The right to data portability: You have the right to request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions.
  • The right to withdraw consent: If we are processing your personal data based on your consent, you have the right to withdraw that consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

If you wish to exercise any of these rights, please contact us at info@datatip.eu. We may ask you to verify your identity before responding to such requests. You also have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA). In Slovakia, this is the Úrad na ochranu osobných údajov Slovenskej republiky (www.dataprotection.gov.sk).

6. Security of Data

The security of your data is important to us but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data (e.g., SSL encryption, access controls, regular security assessments), we cannot guarantee its absolute security.

7. Children’s Privacy

Our Service does not address anyone under the age of 16 (“Children”). We do not knowingly collect personally identifiable information from anyone under the age of 16. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

8. Links to Other Sites

Our Service may contain links to other sites that are not operated by us. If you click on a third-party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit. We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.

9. Changes to This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page and updating the “Last Updated” date at the top of this Privacy Policy. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Privacy Preference Center