Terms and Conditions

TERMS OF USE FOR DOG GPS MINI PET TRACKER

("Terms")

issued by the company VNT electronics s.r.o., ID No.: 647 93 826, with registered office at Dvorská 605, Žichlínské Předměstí, 563 01 Lanškroun, represented by Jiří Novák, Managing Director, registered in the Commercial Register maintained by the Regional Court in Hradec Králové, file No. C 9839 (hereinafter referred to as "Provider" or "we"),

1. WHO ARE WE?

Name: vnt electronics s.r.o.

Registered office: Dvorská 605, Žichlínské Předměstí, 563 01 Lanškroun

ICKO: 647 93 826, DIC: CZ64793826

Registration in the Commercial Register: the company is registered in the Commercial Register maintained by the Regional Court in Hradec Králové, file No. C 9839, represented by Jiří Novák, Managing Director

2. HOW CAN YOU CONTACT US?

Address: Dvorská 605, Žichlínské Předměstí, 563 01 Lanškroun

Telephone: + 420 733 121 890 (weekdays from 7:00 a.m. to 3:00 p.m.; if you call outside these hours, we will call you back)

E-mail: tomas.urban@dogtrace.com

3. WHAT YOU NEED TO KNOW BEFORE USING THE SERVICE

Please read these Terms carefully before using our Service. Your right to use the Service is conditional on your acceptance of and compliance with these Terms. By accessing or using the Service, you agree to be bound by these Terms. These Terms apply to all Users and others who access or use the Service.

4. DESCRIPTION OF THE SERVICE

The Service is provided as software-as-a-service and is available through the Application.

The Application is a software service created for the use of our Products (which are products from the Dogtrace DOG GPS mini range), which we offer on our E-shop available at www.doggpsmini.com.

In particular, the Application allows the wireless connection of a handheld device (receiver) with a web application in the desktop version or a mobile application on a mobile phone and/or tablet with Android or iOS operating system. The App can display all devices paired to the receiver in an online or offline map. Using the App, all functions and their parameters can be controlled and set, which are then synchronized with the GPS receiver settings.

Some of the features of the App include tone, vibration or text alerts for dog movement or standing, leaving or entering a geo-fence (virtual fence), loss of RF signal from the transmitter.

You can learn more about the features, purpose and description of the App on our website.

5. TERMS AND DEFINITIONS

In these Terms, unless otherwise specified below or the context clearly indicates otherwise, capitalized terms used in these Terms are used in the singular and plural senses as follows:

• Application - a software service available in the form of a Web Application or Mobile Application, which is operated by the Provider for the purpose of providing the Services and is owned exclusively by the Provider;
• Copyright Act - Act No. 121/2000 Coll., on Copyright, on Rights Related to Copyright and on Amendments to Certain Acts;
• Price List - indicates the amount of the Subscription Fee for the Service provided to the User under the Terms, is part of the Terms and is published on the Provider's website;
• E-shop - our online shop, which we operate on the Internet at www.doggpsmini.com;
• Billing Period - is the time period of validity of the Subscription Plan, it is either a monthly period or a period for 1, 2 or 5 years;
• GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council;
• Mobile Application - a software service available electronically in a mobile version within the Google Play Store for Android mobile devices or tablets, or within the App Store for iOS mobile devices or tablets;
• Necessary Maintenance - means periodic maintenance required to maintain the features of the Service, is performed on the Provider's initiative, is not a response to any Defect and is a period of time during which the Service is unavailable in whole or in part;
• Civil Code - Act No. 89/2012 Coll., Civil Code;
• Personal Data - any information about the data subject on the basis of which he/she can be directly or indirectly identified;
• Subscription Plan - The Service is provided under a flat-rate subscription plan, which is offered in our Price List. The price for each Subscription Plan rate band is quoted for 1 month (30 days), 1 year (365 days), 2 years (730 days) or 5 years (1,825 days);
• Products - are the products offered on the E-Shop with which the App is compatible, which are the Dogtrace DOG GPS mini range of products;
  
• Subscription Fee - a collective term for a flat fee provided by the User to the Provider for the provision of the Service, in the amount determined in accordance with the applicable Price List in the form of Subscription Plans;
• Service - a software service operated by the Provider, which consists in providing access to the Application for a fee, serving mainly as a GPS/GSM search and tracking tool for dogs;
• Consumer - any natural person who deals with us outside the scope of their business activity or outside the scope of their independent exercise of their profession;
• User - whoever chooses to use the Application (also referred to as "you");
• User Account - an account for the Application established by the User under these Terms solely for the purpose of using the Service;
• Web Application - a software service available electronically in a desktop version on the doggpsmini.com website;
• Faults - error conditions preventing the proper functioning and use of the Service.

(Provider and User hereinafter collectively as " Parties" and individually as "Party")

1. INTRODUCTORY PROVISIONS

• 1.1 User's Statement. You represent and undertake that:
  • 1.1.1 You are fully capable of legal action,
  • 1.1.2. all information you provide upon registration is true, complete, accurate and correct,
  • 1.1.3. you will not use the Service in violation of the applicable laws of the Czech Republic,
  • 1.1.4. you will use the Service only for the purpose for which it is intended,
  • 1.1.5. you have thoroughly familiarized yourself with the applicable Terms and Conditions prior to the commencement of your use of the Service, you unconditionally agree to them and you will not use the Service in contravention of them.
• 1.2 Obligations of the Parties. Provider provides the Service to User on the terms and conditions set forth below. The User accepts the Service on the terms and conditions set out below and undertakes to pay the Provider the Subscription Fee in accordance with the Price List for the use of the Service.
• 1.3 Content of the Service. Provision of the Service means, in particular:
  • 1.3.1. the User's right to use the Service;
  • 1.3.2. the User's right to have a User Account for the Application;
  • 1.3.3. the User's obligation to pay the agreed Subscription Fee in accordance with the current Price List.
• 1.4. the User's age. We declare that the Service is not intended for persons under 16 years of age.
• 1.5 Use of the Terms and Conditions. Relationships not governed by these Terms are governed by our Terms and Conditions.

2. INTELLECTUAL PROPERTY

• 2.1 Application. The Application, and all software related thereto, is the intellectual property of Provider.
• 2.2 Terms of Use of the Service through individual software solutions. Nothing in these Terms shall be construed as an assignment or grant of any license, sublicense, or other right of use within the meaning of the Copyright Act with respect to those portions of the Application Solution that Provider provides to User as a Service, except as set forth in Section 3 of these Terms. The User is entitled to use the Service provided by these parts of the Application Solution. However, the User shall not have the right to reproduce, download, install or in any way distribute these software solutions. The User is not entitled to process the Application into other software without the written consent of the Provider.
• 2.3 Infringement of intellectual property rights by the User. Assuming that the User violates the obligations set forth in this Article, then the Provider shall have the right to withdraw from these Terms and Conditions and to demand compensation from the User for damages incurred.
• 2.4 Other Intellectual Property. If, in the course of the Provider's performance under these Terms, any performance is created that is protected under the Copyright Act (in particular, a work or database) or as any other protected intangible property, such performance shall become part of the Application and the Terms for Use of the Application shall also apply to such performance.

3. LICENSE

• 3.1 Application as a Work. The Application is a work of authorship within the meaning of the Copyright Act. Provider grants to User, upon registration of User's User Account, a license to exercise the right to use the Application in the form in which it is available at any particular time. The license is granted on a non-exclusive basis, for the duration of the contractual relationship under these Terms and Conditions (but no longer than the duration of the proprietary rights to the Application), solely for the purpose of using the Application in accordance with these Terms and Conditions and in a manner corresponding thereto. The license is granted for the worldwide territory.
• 3.2 Assignment of License. User may not grant a sublicense to any third party or assign the license to any third party.
• 3.3 License Fee. The license fee for the Application is included in the Subscription Fee.

4. USER REGISTRATION

• 4.1 User registration as a condition of using the Service. Registration is a prerequisite for proper use of the Service; User acknowledges this condition and agrees to properly register.
• 4.2 Method of User registration. Registration is performed by filling in the registration form on the doggpsmini.com website. By clicking on the "Submit Application" button, the User confirms that he/she has read and agrees to these Terms and Conditions, the Terms and Conditions and the Personal Data Processing Policy.
• 4.3 Accuracy, completeness of data and updates. The User hereby undertakes to provide correct and complete information about his/her person in the registration form and in the Application. The User is obliged to update such data according to the current status. The User also has the right to change and update the registration data during the use of the Service.
• 4.4 Reporting obligation in case of misuse of access data. The User is obliged to immediately notify the Provider of any misuse or even attempted misuse of his/her access data and is also obliged to immediately choose new access data for the User's account. The User is obliged to choose a secure password.
• 4.5 User Account Security. Access to the User Account is secured by a username and a strong password. User shall maintain the confidentiality of information necessary to access his User Account. We may disable a User Account after five (5) unsuccessful login attempts. We do this for security reasons, in particular to prevent misuse of the User Account. If your User Account is blocked, please contact us at tomas.urban@dogtrace.com.
• 4.6 Number of Authorised Persons. The User is entitled to allow third parties to use the User Account and to set the appropriate level of access for them. The User Account will act as a "master account" for all other persons to whom the User has made the User Account available. You are responsible for all activity of each user of Your User Account and for any other activity within Your User Account.
• 4.7 User Account Cancellation. We may terminate a User Account, particularly if a User has not used his or her User Account for more than 1 year and does not have an active purchased Subscription Plan, or if a User breaches his or her obligations under these Terms.
• 4.8 User Account Availability. User acknowledges that the User Account may not be available around the clock, particularly with respect to Necessary Maintenance of the Application.

5. SUBSCRIPTION PLAN

• 5.1 Service Subscription. The Service is provided for a fee through a Subscription. The User hereby agrees to pay the Provider remuneration in the form of Subscription Fees for the provision of the Service under the Subscription Plans.
• 5.2 Amount of Subscription Fee. The amount of the Subscription Fee is determined in accordance with the applicable Price List. All prices in the Price List are exclusive of VAT, which is charged at the statutory rate on top of the stated price of the Service. The amount of VAT charged is therefore subject to change depending on changes in legislation.
• 5.3 Change to the Price List. The Price List may be unilaterally changed by the Provider. Information about planned changes to the Price List will always be available on our website. The planned change of the Price List will be notified to the Users affected at least 15 days before the changes take effect, by means of your email, our E-shop, notification on your mobile phone, or notification via the App (pop-up, banner or other form). Changes to the Subscription Amount will only apply when you renew your Subscription Plan. If you are not interested in the Service at the new price, you may cancel the Subscription Plan before the start of the next Billing Period. In this case, the Subscription Plan will be cancelled on the last day of the Subscription Billing Period.
• 5.4 Subscription as a Lump Sum. The User shall pay the Provider a fee consisting of a lump sum payment in the form of a Subscription Fee in the amount set forth in the Subscription Plan selected by the User. The Subscription Fee shall be paid either periodically for one calendar month (30 days), one calendar year (365 days), two calendar years (730 days) or five calendar years (1,825 days). Subscription fees are payable in advance, depending on the frequency of payment selected, in a single lump sum on the first day of the applicable Billing Period.
• 5.5 Subscription Plan Renewal. Unless the Subscription Plan is cancelled by the User or by the Provider, the Subscription Plan will be automatically renewed at the end of each Billing Period under the same terms and conditions.
• 5.6 Provider's Right to Payment of Renewal Subscription Fees. Upon automatic renewal of the Subscription Plan, Provider shall have the right to payment of the Subscription Fee through the payment method selected by User.
• 5.7 Cancellation of Subscription Plan renewal. The User may cancel the Subscription Plan renewal through his/her User Account no later than the expiration of the Subscription Billing Period. In the event of a proper and timely cancellation of a Subscription Plan during a Billing Period for which Subscription Fees have already been paid, you will not be entitled to a refund of any portion of the Subscription Fees, in which case the Subscription Plan will be cancelled as of the last day of the prepaid Billing Period.
• 5.8 Method of Payment of Subscription Fees. The User is entitled to select the method of payment of Subscription Fees for the Service, as follows:
  • 5.8.1. through the App Store or Google Play payment and digital wallet;
  • 5.8.2. through the GoPay payment gateway.

We also inform you that we do not charge any additional costs.

• 5.9 Payment details and information. User must provide accurate, valid and complete billing and payment information when selecting a payment method for Subscription Fees. In the event that any such information changes, User shall update such information within User's User Account.
• 5.10 Maturity of Renewal Subscription Plan. If a Subscription Plan is renewed in accordance with Section 5.5(Subscription Plan Renewal) of these Terms and Conditions, the Subscription Fee will be charged to the User on the first day of each Billing Period from the payment method selected by the User when activating that Subscription Plan or the payment method currently listed within the User's User Account, as applicable. The Subscription Fee for the renewed Subscription Plan shall thereafter be paid in accordance with the terms of Section 5.4(Subscription Fees as a Lump Sum) of the Terms.
• 5.11 Time of Subscription Payment and Service Activation. The Subscription Fee shall be deemed to be paid and the Service shall be activated by the User upon the credit of funds in the agreed amount to the Provider's bank account.
• 5.12. Deletion of the User and temporary blocking of the User's account. In the event of default in payment of the Subscription Fee or any part thereof, or if for any reason the automatic debit of the payment does not take place in accordance with Article 5.10(Maturity of the Subscription Fee of the renewed Subscription Plan) of these Terms and Conditions, the Provider is entitled to deny the User the right to use the Application (blocking of the User Account) in accordance with these Terms and Conditions and to reinstate it only after payment of the outstanding Subscription Fee and selection of a new or correction of the existing method of payment of the Subscription Fee. This is without prejudice to the User's obligation to pay all instalments. In such a case, the Provider shall also be entitled to immediately cancel the entire unpaid portion of the Subscription by written notice to the User and to demand payment of all remaining instalments at once on the date specified in such notice, or to withdraw from the contractual relationship. Withdrawal from the contractual relationship shall not oblige the Provider to return to the User the instalments paid before such withdrawal.
• 5.13. Summary of payments and tax documents. In case the Provider is obliged to issue a tax document, it will be issued by the Provider in electronic form in PDF format, which the User will have access to in the User's account. A summary of the payments is available to the User in his User Account.

6. PAIRING THE APPLICATION WITH THE PRODUCT

• 6.1 SIM Card. A SIM card is placed in the Product for proper use of the Service. User shall protect the SIM card from damage, loss or destruction. This SIM card may not be used for any purpose other than to use the Service. If the SIM card is misused, the Provider is entitled to immediately block the SIM card and interrupt or terminate the provision of the Service.
• 6.2 Pairing the Product with the Application. Pairing of the Product with the Application is a necessary condition for proper use of the Service; you acknowledge this condition and agree to use the Service only after successful pairing with the Product. The User is responsible for connecting the Product to the Application.
• 6.3 Method of pairing. To pair the Application with Your Product, You will be provided with a unique PIN upon purchase of the Product, which You must enter into the Application interface. You cannot use all features of the Service properly without the PIN. You agree to keep Your PIN safe and not to disclose it to anyone.
• 6.4 Reporting Obligation for Misuse of Access Credentials. You have an obligation to notify us immediately of any misuse or even attempted misuse of Your Access Credentials (PIN).
• 6.5 Number of Paired Products. You are entitled to pair any number of Products with the Application under your User Account. A purchased Subscription Plan is only ever associated with a single Product.
• 6.6 Roaming. Please note that accessing and using the Application on Your device requires an internet connection. The User is responsible for the cost of the Internet connection and any roaming charges incurred.

7. RIGHTS AND OBLIGATIONS OF THE USER

• 7.1 Obligation regarding the use of the Application and the Service. You undertake that:
  • 7.1.1. you will not take any action that is likely to interfere with or damage the Application and jeopardize or prevent the provision of the Service;
  • 7.1.2. you will follow the instructions set out on our E-Shop or within the description of the Web App or Mobile App in the App Store or Google Play when using the App;
  • 7.1.3. you will only use the Service and Products in accordance with their intended purpose; the Products and Service are designed specifically for dog tracking only; in some countries and regions, different legislation may apply to the tracking of animals, persons and/or objects and the User is solely responsible for compliance with such legislation;
  • 7.1.4. you will not disclose all identification details and passwords necessary for User access to the Service to any third party and if you become aware of any misuse of your identification details and passwords by any third party, you will promptly disclose this to the Provider;
  • 7.1.5. you will use the designated operating system for the use of the Application, as well as other required hardware and software;
• 7.2 Violation of these Terms by the User. It is not a breach of these Terms if the Service is not properly provided because you have breached any provision of these Terms. In the event that you breach any of your obligations under these Terms, we may terminate the contractual relationship under these Terms without notice.
• 7.3 Indemnification for damages arising from User's breach of these Terms. If you breach your obligations under these Terms, you shall indemnify us against all damages incurred in connection with such breach, including non-pecuniary damages.

8. TECHNICAL REQUIREMENTS AND UPDATES

• 8.1 User Hardware. You must ensure that You have adequate technical equipment to enable You to use the features of the Application in accordance with these Terms. You are further obligated to verify that Your technical equipment meets the technical requirements of the Application before You use the Service. The technical requirements of the Application are listed either on our E-shop in the "Technical Requirements" section or within the Web Application or Mobile Application.
• 8.2 Changes and Updates to the Application. User acknowledges that the Application will be made available to User in the latest version available at the time of purchase of the Subscription Plan and may not be updated thereafter. However, We may make changes to the content and features of the Application. In such event, you are required to update your current version of the Application that you are using (either by downloading and installing a new version of the Application or by updating your current version, whichever method is currently available or preferred). In the event that you fail to update the Application, we shall not be liable in any way for the failure of the Application to perform in whole or in part and you shall not be entitled to any rights in respect of any defects arising from the failure to update. You will be notified of updates and changes to the App via your email, our E-shop, notifications on your mobile phone, or notifications via the App (pop-up, banner or otherwise).

9. PROVIDER'S LIABILITY

• 9.1 Notification of a Defect. In the event that any Defect occurs while using the Application, please notify us without undue delay in writing to tomas.urban@dogtrace.com. Notification of a Defect must include a description of the Defect or specific screenshots of the Defect or other facts specifying the origin and form of the Defect.
• 9.2 Liability for limitations in the functioning of the Service due to reasons on the User's side. The Provider shall not be liable for limitation of the functioning of the Service due to reasons on the User's side. The Provider shall not be liable even if the provision of the Service to the User is restricted due to the User's failure to pay the Subscription Fee on time.
• 9.3 Service Outages. We endeavour to provide the Service to You at all times. However, you acknowledge and agree that the nature of GPS and other technology used is such that the Service (or any of its features) may not be available at all times or in certain locations, and the Service may be adversely affected by physical characteristics beyond our control, including network congestion, weather conditions, GPS or GMS network outages, or if you are using the Application in a location not adequately covered by GPS or GSM networks. The Provider is also not responsible for Service outages due to intentional damage to the Product or Application by the User or a third party.
• 9.4 Links to Third Party Sites or Services. The Application may contain links to third party websites or services that Provider does not own or control. Provider has no control over the content, privacy policies, or practices of any third party websites or services. Provider shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in reliance on any such content, goods or services available on or through such websites or services.
• 9.5 Misuse of Access Data. Provider shall not be liable for damages resulting from disclosure of User Account access credentials to unauthorized third parties.
• 9.6 Use of the Service contrary to its purpose. The Provider shall not be liable for damages resulting from the use of the Service or Products contrary to their purpose, in particular when tracking other animals, persons or things.
• 9.7 Liability for consequential damages. We shall not be liable for any damages incurred by you or third parties as a result of the failure to trace a tracked animal.
• 9.8 Limitation of liability for damages. In the event that Provider is obligated to indemnify User for any damages incurred in connection with the provision of the Service, the Parties agree that Provider shall be obligated to indemnify User up to the maximum amount of the Subscription Fee that User was obligated to pay for the Billing Period in which the damage occurred.

10. HIGHER POWER

• 10.1 Force Majeure Conditions. We shall not be liable for any breach of our obligations under these Terms caused by Force Majeure, except as otherwise provided in these Terms.
• 10.2 What is Force Majeure? Force Majeure means any impediment which has arisen independently of our will and which prevents us from performing our obligation if it is not reasonably foreseeable that we could have averted or overcome the impediment or its consequences and further, that we would have foreseen the impediment at the time the obligation arose. Force majeure includes, but is not limited to, natural disaster, fire, explosion, flood, earthquake, terrorist attack, war, strike or other events (including situations caused by the spread of COVID-19 disease) beyond the control of the parties.

11. SUPPORT

• 11.1 Provision of Support. We provide standard customer support on business days from 7:00 a.m. to 3:00 p.m. If you have any problems, you may contact our customer support either by telephone at +420 733 121 890 or by email at tomas.urban@dogtrace.com.

12. NECESSARY MAINTENANCE

• 12.1 Necessary Maintenance. It is neither a breach of these Terms nor a Defect if the Service fails to function properly as a result of Necessary Maintenance (e.g., cloud server maintenance).
• 12.2 Obligation to Tolerate Necessary Maintenance. You have an obligation to tolerate temporary downtime of the Service consisting of a reduction or interruption in its operation for the purpose of Necessary Maintenance. You will generally be notified of the planned Necessary Maintenance via Your email, Our E-Shop, notifications on Your mobile phone, or notification via the App (pop-up, banner or otherwise). In such notification, we will usually tell you what type of maintenance will be involved and the estimated start and end time of the work.
• 12.3 Updates. In addition to Required Maintenance, we may also perform free updates (changes) to the Application (e.g., the Web Application itself or the Mobile Application) or its components (e.g., cloud server settings). For this purpose, we may limit or suspend the operation of the Service for the time necessary to perform the update. We will generally notify you of this in advance, as is the case with notices of Necessary Maintenance. As with Necessary Maintenance, you are obligated to tolerate the temporary shutdown of the Service to update it.

13. DURATION AND TERMINATION OPTIONS

• 13.1 Duration of Contractual Relationship. This contractual relationship is for an indefinite period of time from the time of User registration.
• 13.2 Loss of eligibility of the Provider. You agree that, in the event that we lose eligibility to operate the Service through no fault of our own, i.e. for example, by a change in legislation, the contractual relationship under these Terms shall be deemed terminated at such time, which shall not be deemed a breach of these Terms.
• 13.3 Material Breach of the Terms. We may terminate the contractual relationship under these Terms as soon as we become aware of a breach of these Terms by you. A breach of the Terms shall be deemed to be:
  • 13.3.1. conduct that is capable of impairing in any way the operation and use of the Service;
  • 13.3.2. use of the Service in such a way as to cause damage to Us or any other User, and/or even an attempt to misuse, block, modify or otherwise alter any part of the Application;
  • 13.3.3. using the Service or Products in a manner inconsistent with their purpose (e.g. tracking the location of other animals, persons or objects);
  • 13.3.4. if you even attempt to obtain passwords and/or authorization codes of other Users;
  • 13.3.5. any other instances where you act in breach of these Terms.
• 13.4. already paid Subscription Fees and breach of the Terms. In the event of termination of the contractual relationship under paragraph 13.3(Material Breach of the Terms) of these Terms, the User shall not be entitled to a refund of any part of the Subscription Fee already paid for the use of the Services.

14. PROTECTION OF PERSONAL DATA

• 14.1 Processing Agreement. The protection of Personal Data is addressed in the Processing Agreement, which is Attachment 1 and an integral part of these Terms.
• 14.2 Processing of Personal Data. The Provider's protection of Personal Data is further described in the Personal Data Processing Policy.

15. CONCLUSION

• 15.1 Legal. These Terms are governed by the laws of the Czech Republic, excluding conflict of laws rules of private international law.
• 15.2 Commitment to respect consumer rights. In the event of any unintentional conflict between the provisions of these Terms and Conditions and statutory provisions for the protection of consumers, these provisions shall prevail and the Provider undertakes to comply with them as such.
• 15.3 Invalid or ineffective provisions of the Conditions. If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
• 15.4 Amicable dispute resolution, jurisdiction. We will always attempt to resolve any dispute arising between us amicably. If it is not possible to reach an amicable solution, then the courts will have jurisdiction. We agree that any disputes arising in connection with the use of the Service shall be resolved by the court of competent jurisdiction of the Provider's registered office.
• 15.5 The provisions shall survive termination of the contractual relationship under these Terms. The rights and obligations set forth in the provisions of Articles 2(Intellectual Property), 3(License), 7(User's Rights and Obligations) and 13(Duration and Termination Options) shall survive termination of the contractual relationship under these Terms.
• 15.6 Changes to the Terms. These Terms may be unilaterally amended or cancelled by Provider in writing. You will be notified of any changes at least 15 days in advance by email, on our website, or through the Application.
• 15.7 Declaration of Succession. The Parties represent and agree that the rights and obligations of the Parties under these Terms shall, in the event of termination or any other legal event resulting in a transfer of rights and obligations, pass to their successors in interest.
• 15.8 Necessity of acceptance of the Terms to use the Service. Acceptance of these Terms is voluntary, but is required to create a User Account and use the Service.
• 15.9 Validity and Effectiveness. These Terms shall be effective and in force on June 2, 2025.

PERSONAL DATA PROCESSING AGREEMENT

ATTACHMENT NO. 1 TO THE TERMS OF USE OF THE DOG GPS MINI PET TRACKER SERVICE

("Processing Agreement") entered into between:

A. You, who have chosen to use the Service

("Controller" or "you")

a

B. VNT electronics s.r.o., registration number: 647 93 826, with registered office at Dvorská 605, Žichlínské Předměstí, 563 01 Lanškroun,

(also referred to as "Processor", "VNT electronics" or "we")

(the Processor and the Controller are hereinafter collectively referred to as the "Parties" and individually as a "Party").

If you use the Dog GPS Mini Pet Tracker service (the "Service"), then VNT electronics will be the processor of the Personal Data you entrust to us. The Service is provided pursuant to the Dog GPS Mini Pet Tracker Terms of Service, which are attached to this Processor Agreement (the "Terms"). By accepting the Terms, you acknowledge that you have read and agree to the Processing Agreement and it is legally binding on you.

Please read this Processing Agreement carefully, which sets out the terms and conditions of the processing of Personal Data under which the Service is provided. If you have any questions regarding the processing of Personal Data, you may contact us at any time at gdpr@vnte.cz.

The Parties shall process Personal Data in connection with the concluded agreement as amended by the Terms in accordance with the law, in particular in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council ("GDPR"). Under the GDPR, the Parties must set out the processing rules in writing, which they do in this Processing Agreement.

1. INTRODUCTION AND BRIEF OVERVIEW OF THE CONTENT OF THE AGREEMENT

• 1.1 Subject matter and purpose of the Processing Agreement. By entering into this Processing Agreement, you, as the Controller, authorize the Processor to process Personal Data for you in connection with the provision of the Service. The purpose is to ensure the protection of Personal Data to the extent required by law. The scope of the Personal Data to be processed can be found in Appendix A of this Processing Agreement.
• 1.2 Service. The Service consists primarily of providing, for a fee, access to the Application, serving primarily as a GPS/GSM tracking and tracing tool for dogs, as further defined in the Terms.
• 1.3 What is the position of the Processor and the Administrator. When you use the Service, you provide us with Personal Data of which you are the Controller, which we then process at your direction and to the extent you choose. When processing Personal Data, you are in the position of a Data Controller under Article 4(7) of the GDPR and VNT electronics is in the position of a Processor under Article 4(8) of the GDPR.
• 1.4 Written form. Pursuant to Article 28 of the GDPR, the Parties shall set out the processing rules in writing in this Processing Agreement.
• 1.5 Definitions. The definitions of terms in the Terms will be adopted in the same meaning in this Processing Agreement.
• 1.6 Duration. This Processing Agreement is entered into for the duration of the contractual relationship under the Terms.
• 1.7 Time of execution and termination of the Processing Agreement. The Processing Agreement is concluded at the moment of completion of the registration for the use of the Service. Termination of the Processing Agreement is possible under the same conditions as termination of the use of the Service under the Terms.
• 1.8 Effect of Termination. Termination of this Processing Agreement shall also result in the termination of the contractual relationship in the areas covered by this Processing Agreement, unless otherwise agreed by the Parties. Termination of the contractual relationship under the Terms and Conditions shall also terminate this Processing Agreement. However, the termination of this Processing Agreement does not affect the obligations of the Processor to transfer (return) Personal Data to the Controller or to dispose of it and to maintain the confidentiality of the information.

2. JOINT OBLIGATIONS OF THE CONTROLLER AND THE PROCESSOR

• 2.1 Lawfulness of Processing. The Controller and the Processor undertake to comply with the regulations governing the protection of Personal Data.
• 2.2 Cooperation. The Controller and the Processor undertake to assist each other to the extent necessary and reasonable in the performance of their obligations in the processing of Personal Data arising from their respective contracts and legal provisions, in particular in relation to responses to the exercise of data subjects' rights, security incidents, as well as the preparation of impact assessments and dealings with supervisory authorities. The Parties undertake to provide the necessary documentation for the processing of requests relating to the processing of Personal Data pursuant to the Terms and Conditions. The Party shall provide such documentation without undue delay and at the latest within 10 working days of receipt of the request for assistance by the other Party.
• 2.3 Incident. A Party shall notify the other Party that it has become aware of a Security Breach within 48 hours of becoming aware of the Security Breach. A Breach shall be construed as any breach of security of Personal Data that has the potential to result in the accidental or unlawful destruction, alteration, or unauthorized disclosure or access to Personal Data processed under the Terms.

3. RIGHTS AND OBLIGATIONS OF THE PROCESSOR

• 3.1 Access Restrictions. The Processor shall ensure that access to Personal Data is limited to (a) employees who process Personal Data as part of their job role, and (b) persons who work with the Processor and may process Personal Data for the Processor as part of that collaboration, in accordance with the terms of this Processing Agreement and for the purpose of providing the Services under the Terms. Unless such persons are subject to a legal obligation of confidentiality, the Processor shall ensure their contractual confidentiality.
• 3.2 Processor's commitment regarding the measures taken. The Processor has adopted and undertakes to maintain throughout the term of this Processing Agreement appropriate technical and organisational measures in accordance with the GDPR that apply to the Processor. An overview of the measures taken can be found in Annex B of this Processing Agreement.
• 3.3 Commitment of the Processor. The Processor undertakes to:
  • 3.3.1. to comply with all obligations imposed on the Processor of Personal Data by the relevant legislation when processing Personal Data;
  • 3.3.2. to process Personal Data solely on the basis of the Controller's instructions made pursuant to this Processing Agreement, including with respect to the transfer of Personal Data to a third country or an international organisation;
  • 3.3.3. to notify the Controller without undue delay where an inspection or other administrative proceeding is initiated by the Personal Data Protection Authority or any other administrative authority in relation to the Processing of Personal Data by the Processor and to provide the Controller with all information about the course and results of such inspection or the course and results of such proceeding;
  • 3.3.4. assist the Controller in ensuring compliance with the Controller's obligations relating to the security of Personal Data under Articles 32 to 36 of the GDPR, taking into account the nature of the processing to be carried out by the Processor;
  • 3.3.5. to allow the Controller to conduct internal audits, including inspections, by the Controller or any other auditor commissioned by the Controller, provided that such audits are notified to the Processor one month prior to their conduct; the Processor may object to any auditor commissioned by the Controller if it is not independent of, in competition with, or in a similar position to the Processor. Upon objection by the Processor, the Administrator shall be obliged to appoint another auditor;
  • 3.3.6. notify the Controller of any Personal Data breach of which it becomes aware without undue delay and no later than 48 hours after becoming aware of the breach. The minimum scope of such notification is set out in Article 33(3) of the GDPR;
  • 3.3.7. keep a record of all Personal Data breaches and the remedial measures taken to ensure an adequate level of security of processing. The Processor shall provide the Controller with all necessary assistance related to the investigation of the breach and the fulfilment of the Controller's obligations under Articles 33 to 34 of the GDPR;
  • 3.3.8. assist the Controller in documenting processes or documents that demonstrate the Controller's compliance with the GDPR.
• 3.4 Reimbursement. The Parties agree that the Processor shall be entitled to reimbursement from the Controller for its reasonable costs associated with providing assistance.
• 3.5 Processor's silence. The Processor undertakes to observe the obligation of confidentiality of all Personal Data transmitted by the Administrator, and shall keep it confidential, not disclose it, not make it available to any third party, neither as a whole nor in part, unless it is to be disclosed on the instructions of the Administrator or if required by law.
• 3.6 Trade Secrets. All information and documents disclosed by the Processor to the Administrator in connection with an audit or inspection shall form part of the Processor's trade secrets and, unless otherwise specified, shall be subject to the confidentiality requirements of this Processor Agreement. Such information and documents may only be disclosed to an authorised supervisory authority.
• 3.7 Lawfulness of Processing. The Processor's obligations regarding the protection of Personal Data shall continue to be performed by the Processor throughout the term of the Terms, unless the provisions of the Terms, this Processing Agreement or applicable law imply that they are to survive termination of the Terms.
• 3.8 Engaged Processors and Engagement of New Processor. The Processor has further engaged the Provider to process the Personal Data:

CZECHGROUP COMPANY s.r.o., ID No.: 01458795, with registered office at Zbraslavská 12/11, Malá Chuchle, 159 00 Prague 5;

BFP služby s.r.o., ID No.: 07850883, with registered office at T. G. Masaryka 340, Ostrovské Předměstí, 563 01 Lanškroun.

If the Processor engages other processors, it will inform the Controller of this before the change via e-mail or directly in the Application. If the Controller does not agree with the involvement of a new processor, he/she may file an objection within 5 days of receiving the Processor's notification. Filing an objection and thus not involving the new (sub)processor may result in the impossibility of using the Service.

• 3.9 Other collaborating persons of the Processor. The Controller expressly agrees to the involvement of other processors - the Processor's collaborating persons in the capacity of natural persons in business who provide services to the Processor on the basis of a collaboration agreement.
• 3.10. Obligation of the Processor in case of termination of cooperation. The Processor undertakes to delete all Personal Data in the event of termination of the provision of the Services and to return them, including all copies, upon the Controller's request, unless EU or Czech law requires their storage. In such case, they will be returned within three months of receipt of the Administrator's request via a secure storage facility specified by the Administrator in its request and access to which will be provided to the Processor. If, after three years from the end of the cooperation, the Controller has not instructed the Personal Data to be transferred, the Processor shall notify the Processor of the possibility of returning the data. If the Data Controller does not instruct the Data Controller to transfer the data within one month of the notification, the Personal Data will be deleted in order to comply with its legal obligations.
• 3.11 Return of Data. The Controller may request the Processor to send the backed-up data in accordance with the Terms and Conditions, no later than 2 months after the deletion of the User Account. After this period, the Controller's data is irretrievably deleted.

4. FINAL PROVISIONS

• 4.1 Legal Order. For matters not specifically addressed in this Processing Agreement, generally applicable law shall apply. The Processing Agreement shall be governed by and construed in accordance with the legal system of the Czech Republic, in particular Act No. 89/2012 Coll., the Civil Code, as amended. The Parties agree that commercial custom shall not prevail over any provisions of law, even those that are not coercive.
• 4.2 Force Majeure. The Processor shall not be liable for situations where it is unable to perform its obligation under the Processing Agreement due to an event referred to as force majeure (war, riots, terrorism, insurrections, strikes, fires, epidemics or natural disasters).
• 4.3 Communication between the Parties. The Parties agree that their communications regarding the Processing Agreement (including notification of a Security Incident) will be conducted via email addresses:
  • 4.3.1. the Controller: the email address with which the Controller has registered for the Service;
  • 4.3.2. Processor: gdpr@vnte.cz;
• 4.4 Prohibition of referral. Neither Party may assign or transfer in any manner the rights and obligations under or related to this Processing Agreement without the prior written consent of the other Party.
• 4.5 Updates and Changes. Processor reserves the right to modify or update this Processing Agreement. If we make changes that alter the rights and obligations under the Processing Agreement, you will be notified in a timely manner via an email we send to you. If you continue to use the Service, you agree to the updated version of the Processing Agreement. If you do not agree to the changes, please stop using the Service.
• 4.6 Effectiveness. This Processing Agreement shall become effective on the effective date of the Terms.
• 4.7 Attachments. The following attachments are part of the Processing Agreement:

Annex A: Nature, Scope, Duration and Purpose of Processing of Personal Data,

Annex B: Technical and Organizational Measures.

ANNEX A

TO THE PERSONAL DATA PROCESSING AGREEMENT

NATURE, SCOPE, DURATION AND PURPOSE OF THE PROCESSING OF PERSONAL DATA

Nature of Processing. Personal Data is processed by automated means through the Processor's systems used by the Processor to provide the Service.

Purpose. The purpose of the processing is to enable the Controller to use the Service (performance of the Contract).

Legal basis for processing. The legal basis for processing Personal Data in the context of providing the Service is the performance of a contract.

Scope of processing:

• Name , surname, e-mail, telephone number, address, date of birth, registration number, registered office;
• IP address, location data and other data about the animal being tracked, if attributable to a specific individual;
• Alternatively, other Personal Data, processed solely on the instructions of the Controller, which the Controller deems necessary for the fulfilment of the purpose of the contract as set out in the Terms and Conditions or other data that are attributable to the data subject.

Special Categories of Personal Data. The Controller undertakes not to disclose to the Processor any Personal Data that falls within a special category of Personal Data within the meaning of Article 9 of the GDPR. Special categories of Personal Data may only be processed with the express prior agreement of the Processor. What are special categories of Personal Data? It is Personal Data that reveals racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health or the sex life or sexual orientation of a natural person. Genetic and biometric data are also considered to be a special category of data when they are processed for the purpose of uniquely identifying a natural person.

Data subject. As a rule, this is Personal Data of the Controller's customers or clients.

Period of processing. Personal Data shall be processed for the period of time for which the Parties are bound by the Terms and Conditions, unless a longer period of time is provided for by agreement of the Parties or by law.

ANNEX B

TO THE PERSONAL DATA PROCESSING AGREEMENT

TECHNICAL AND ORGANISATIONAL MEASURES

Technical measures. Security is very important to us and therefore we continuously work to ensure that your Personal Data is protected. When choosing measures, we take into account the scope of the processing, the riskiness of the processing or the state of our technology.

• We regularly back up data;
• update anti-virus software systems;
• encrypt data using SSL/TLS ("secure sockets layer / transport layer security") for all data transmissions;
• we use a secure https protocol;
• our server data is encrypted.

Organizational measures. We have adopted and commit to the following measures:

• Our employees and our service providers are bound by confidentiality;
• Our employees are properly trained and also receive further regular training on GDPR and are familiar with the rules of working safely on work equipment;
• Access to all systems including the IT system is personalised and covered by secure passwords.