General terms | Virtual Deck Ltd.

GENERAL TERMS

for the provision and use of online information technology services

Section I

DEFINITIONS

GENERAL

1. These GENERAL TERMS and CONDITIONS define the terms, conditions and terms for all services assigned online to VIRTUAL DECK EOOD (hereinafter referred to as "CONTRACTOR") and provided online to the client (hereinafter referred to as "ASSIGNOR"), including the conclusion at a distance of a contract for the provision and use of online services in the field of information technology.

2. CONTRACTOR: is a company "VIRTUAL DECK" EOOD, registered in the Commercial Register of the Republic of Bulgaria, under UIC 207355792, with headquarters and address of management: Republic of Bulgaria, Sofia, Sofia Municipality, Vazrazhdane District, 45 Pirotska Str., fl. 1st overground, office 54, which provides online services in the field of information technology from the ASSIGNOR under the terms of this contract;

3. ASSIGNOR/CLIENT: within the meaning of these General Terms and Conditions is any natural person aged 18 and over or a legal entity who requests and uses the services provided online by the CONTRACTOR by concluding at a distance the contract for the use and provision of the services under these General Terms and Conditions.

4. WEBSITE: electronic platform hosted at the web address https://www.vdtms.com/ and its subdomains – hereinafter referred to as the "Site";

5. ACCOUNT – a section of the site, formed by an email address and a password, which allows the ASSIGNOR to assign the service and which contains information about the ASSIGNOR and the history of some of his actions on the Site (Orders, invoices, etc.). The ASSIGNOR is responsible and ensures that all information entered into the Account is true, complete and up-to-date;

6. SERVICES: any / all services located on the site, mentioned in the Order, which are provided by the CONTRACTOR as a result of a Contract.

7. ORDER: an electronic document representing a communication form between the ASSIGNOR and the CONTRACTOR, through which the ASSIGNOR declares to the CONTRACTOR, through the site, its consent to assign the services from the site.

8. CONTRACT: represents the distance contract between the ASSIGNOR and the CONTRACTOR for the provision and use of the services through the site, which contract consists of these General Terms and Conditions of Use of the site.

9. SITE CONTENT:

• all information on the site that is accessible through an Internet connection and using a device that has an Internet connection;

• the content of any message from the ASSIGNOR to the CONTRACTOR, sent by electronic means and / or any other available communication means;

• any information provided, in any way, by the subcontractor of the CONTRACTOR to the ASSIGNOR by electronic or other means for its transmission at a distance;

• information related to the services and / or prices applied by the CONTRACTOR within a certain period of time;

• data concerning the CONTRACTOR;

10. TRANSACTION: the action by the CONTRACTOR to refund the amount paid by the ASSIGNOR as a result of cancellation, termination, refusal or non-conclusion of a contract for the provision and use of the service/services through the site, performed solely by bank transfer.

11.1. These General Terms and Conditions bind all ASSIGNORS - CLIENTS on the site. The ASSIGNOR declares that it accepts the provisions of these General Terms and Conditions by explicitly marking the field "I ACCEPT/AGREE". Any use of the site means that you have (a) read carefully the general terms and conditions of its use and (b) you have agreed to abide by them unconditionally.

11.2. The CONTRACTOR reserves the right to update and amend the General Terms and Conditions of the site periodically to reflect any changes in the way the website operates and the terms and conditions or any changes to the legal requirements. The document may be opposed to the ASSIGNOR from the moment it is published on the site. In the event of such a change, we will publish on the site the amended version of the General Terms and Conditions, therefore, we ask you to periodically check the content of this Document;

11.3. If any of the provisions of these General Terms and Conditions of Use of the Site is declared invalid or unenforceable, regardless of the reason for this, then this shall not invalidate or unenforceable the remaining provisions."

11.4. The site may contain links to other websites. The CONTRACTOR is not responsible for the privacy policy of websites it does not administer, as well as for other information contained therein.

Section II

CONCLUSION OF THE CONTRACT. CONDITIONS AND PROCEDURES FOR THE PROVISION AND USE OF INFORMATION TECHNOLOGY SERVICES.

1. CONCLUSION OF THE CONTRACT

Art. 1.1. The contract for the provision and use of a service (s) in the field of information technology at a distance is considered concluded in the cumulative implementation of all listed actions, namely: selecting a specific package of services by the ASSIGNOR, assigning them for performance to the CONTRACTOR by , accepting these General Terms and Conditions by the ASSIGNOR, paying their price electronically by the ASSIGNOR and receiving a notification, by e-mail, that the service(s) have been paid.

Art. 1.2. The contract for provision and use of servicesin the field of information technology, concluded remotely, between the ASSIGNOR and the CONTRACTOR consists of these General Terms and Conditions.

Art. 1.3. Under the terms of this contract, the services in the field of information technology offered by the CONTRACTOR are the services and/or packages purchased by the ASSIGNOR through the website.

2. PROVIDING AND ACCEPTING AN ORDER

Art. 2.1. The ASSIGNOR declares its willingness to order and purchase withУ the servant / services through the site by making an Order electronically, paying the fully determined price by credit or debit card.

Art. 2.2. The contract shall be deemed to have been awarded provided that the price determined in full has been paid.

Art. 2.3. The CONTRACTOR undertakes to provide the assigned service personally and/or through a third party. The Contractor has the right to use subcontractors for the performance of the assigned service under the contract for the provision and use of online services in the field of information technology concluded through the site, and the ASSIGNOR gives its explicit consent to the acceptance of these General Terms and Conditions.

3. PRICE. METHOD AND TERM OF PAYMENT

Art. 3.1. The price /subscription fee/ of the services provided is as follows, namely:

The price of the service announced on the website.
The subscription fee of the service announced on the website.
The price of a package of services announced on the website.

Art. 3.2. The ASSIGNOR pays to the CONTRACTOR the agreed price with a credit or debit card after receiving a license for payment on the site, after he has requested the type of service and has accepted these General Terms and Conditions.

Art. 3.3. All prices of the services on the site are final and include VAT, as well as all other taxes and fees provided for in the current Bulgarian legislation.

Art. 3.4. Payment by card to the CONTRACTOR is accepted as an international payment by banks in Bulgaria and according to their rules for working with cards and card payments in this type of transactions, some banks charge additional fees. The same applies to the transactions that the CONTRACTOR makes to the ASSIGNOR, regardless of whether it does so in connection with the reimbursement of any payment to the latter or for any other reason. The costs associated with such payments are solely at the expense of the ASSIGNOR.

Art. 3.5. For the payment of the specified price for the assigned service through the site, the CONTRACTOR shall issue to the ASSIGNOR a timely invoice in accordance with the Bulgarian legislation. In this regard, the ASSIGNOR is obliged to provide all the necessary information for the issuance of the invoice in accordance with the Bulgarian legislation in force. The ASSIGNOR is obliged to receive such an invoice electronically and is obliged to update its data when requesting the service.

4. RIGHTS AND OBLIGATIONS OF THE PARTIES

Art. 4.1. The ASSIGNOR has the right to receive the requested and paid service.

Art. 4.2. The ASSIGNOR undertakes to pay the due price in the amount, term and manner specified in these General Terms and Conditions;

Art. 4.3. The CONTRACTOR has the right to:

a/ receives the due price in the amount, term and manner specified in these General Terms and Conditions;

b/ receive all the necessary materials to carry out the assigned work

c/ does not start the service until you have received the price in full under the terms of these General Terms and Conditions;

d/ receives, processes and stores the personal data provided by the ASSIGNOR in accordance with the provisions of the current legislation, in view of the services provided to him;

Art.4.4. The CONTRACTOR undertakes:

a) to carry out the work assigned to him, provided that the price has been paid in full;

c/ to provide information to the ASSIGNOR about the process of performing the work;

Art. 4.5. The CONTRACTOR shall not be liable for damages or delays caused by the lack of Internet services or poor provision of Internet services.

5. CONFIDENTIALITY

Art. 5.1. The CONTRACTOR undertakes to keep a trade secret and not to disclose data, facts, information and circumstances that have become known to him during the performance of the assigned service, except for the cases when this information is required to be disclosed by law.

6. PERSONAL DATA.PROCESSING

Art.6.1. The ASSIGNOR agrees that by providing any of its personal data to the CONTRACTOR, they may be used by the latter for the following purposes: (1) maintaining the account of the Client/User, including registering orders, sending ordered products, performing the ordered services, invoicing; (2) sending Commercial messages or periodic notifications by e-mail or SMS; (3) carrying out market research, tracking and monitoring sales and customer/consumer behaviour.

Art. 6.2. By providing its personal data to the CONTRACTOR, the ASSIGNOR gives its explicit consent to include them in a database of the CONTRACTOR and gives its explicit and unambiguous consent for these data to be stored, used and processed according to the purposes mentioned in Article 6.1.

Art. 6.3. For the purposes of data protection legislation, VIRTUAL DECK EOOD, with UIC 207355792, with headquarters and address of management: Bulgaria, Republic of Bulgaria, Bulgaria, Sofia, Bulgaria, Bulgaria, Bulgaria, Sofia, Sofia Municipality, Vazrazhdane District, ul. 45 Pirotska Str., fl. 1st floor, office 54, e-mail address:........, tel. ......, is an administrator in the collection, processing and storage of the personal data of the ASSIGNOR. In this regard, we provide you with our policy for the protection of the collection and processing of personal data.

Art. 6.4.1 VIRTUAL DEC EOOD, as a personal data controller, collects, processes and stores certain information about individuals in full compliance with the current Personal Data Protection Act and its regulations and Regulation (EU) 2016/679 on data protection ("GDPR").

Art. 6.4.2. For the purposes of this Policy, "Processing" means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, restriction or alteration, deletion or destruction.

Art. 6.5. Data categories and subjects

Personal data means any information relating to an identified or identifiable natural person ("data subject").

The administrator collects personal data in respect of the following categories of persons:

– persons representing the companies with which the Administrator has business relations;

– contact persons in the companies with which the Administrator has business relationships;

— persons who are interested in receiving information services — newsletter, directories, etc.;

Art. 6.6. Purposes of data collection

The administrator collects personal data in connection with the fulfillment of the following purposes:

1. For the performance of activities related to the conclusion, existence, amendment and termination of contractual relationships, incl. about:

– preparation of any documents;

– establishing contact with the contact person by phone, fax or any other lawful means;

– communication in connection with the provision and/or receipt of services and for the provision of related customer service;

– keeping accounts in connection with the performance of contracts to which the Administrator is a party;

– To process payments in connection with the contracts concluded by the Administrator;

– a sending important information to the subjects in connection with changes in the rules, conditions and policies of the Administrator and / or other administrative information;

2. For marketing purposes – after obtaining the explicit consent of the data subjects;.

3. For statistical purposes.

Art. 6.6. Data collection

Data of contractors (managers, representatives and/or contact persons of the legal entity under a commercial contract)

The personal data of each person are provided voluntarily by the persons themselves and are collected by the Administrator in fulfillment of a statutory obligation in connection with the conclusion of a distance contract and/or fulfillment of the obligations under a contract under the provisions of the Bulgarian legislation in force , etc. by e-mail – provided in connection with the performance of a commercial contract and/or by filling in a registration form. Persons shall be notified of provisions of this Policy in advance or at the time of receipt of their data.

On our website and in the mobile application, we may store and collect information through cookies and similar technologies in accordance with the Cookie Policy.

As a data controller, we do not collect or otherwise process sensitive data included in special categories of personal data in the General Data Protection Regulation. In addition, we do not collect or process data of minors under the age of 14 years.

Art. 6.7. The processing of the data of managers and contractors is carried out on the basis of legitimate interest and in connection with the conclusion, existence, amendment and termination of commercial and civil contracts in the application and implementation of the regulatory requirements of the Bulgarian legislation in force.

Art. 6.8. Transparency. Rights of the persons whose data is processed by the Administrator

The controller shall provide information to persons in a concise, transparent, comprehensible and easily accessible form, in clear and plain language.

The Administrator strives to ensure that individuals are aware of the personal data processed by it and that individuals fully and fully understand and are informed in relation to the processing in accordance with the requirements of the GDPR and the Bulgarian legislation.

The controller shall provide the information to persons in writing or otherwise, including, where appropriate, by electronic means. If the person so requests, the information may be given orally, provided that the identity of the person is proved by other means.

The controller shall provide the data subject, free of charge, with information on the action taken in relation to a request concerning their right of access, rectification, erasure, restriction of processing, portability, objection and automated decision-making, without undue delay and within one month of receipt of the request.

If necessary, this period may be extended and the Administrator informs the person of any such extension within one month of receipt of the request, indicating the reasons for the delay. Where a relevant person submits a request by electronic means, the information shall, where possible, be provided by electronic means, unless otherwise requested by that person.

If the Controller fails to act on the request, the Controller shall notify the person without delay and at the latest within one month of receipt of the request of the reasons for not taking action and of the possibility of lodging a complaint with a supervisory authority and seeking a judicial remedy.

Where the person's requests are manifestly unfounded or excessive, in particular because of their repeatability, the Controller may either (i) charge a reasonable fee, taking into account the administrative costs of providing the information or communication or taking the requested action, or (ii) refuse to act on the request.

Right of access for individuals

Each data subject shall have the right granted by the European legislator to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data and the following information:

– the purposes of the processing;

– the categories of personal data concerned;

the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;

– where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;

the existence of the right to request from the controller rectification or erasure of personal data, or restriction of processing of personal data concerning the data subject, or to object to such processing;

– the right to complain to the Commission for Personal Data Protection;

– where the personal data are not collected from the data subjects, any available information as to their source;

– the existence of automated decision-making, incl. profiling, and at least in these cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for individuals.

Where personal data are transferred to a third country or to an international organisation, individuals shall have the right to be informed of the appropriate safeguards relating to the transfer.

The controller shall provide the data subject with a copy of the personal data undergoing processing. For additional copies requested by individuals, the Administrator may charge a reasonable fee based on administrative costs. Where the person submits a request by electronic means, the information shall, where possible, be provided in a commonly used electronic form, unless otherwise requested by that person.

Right to rectification

Each data subject shall have the right granted by the European legislator to obtain from the controller rectification without undue delay of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed.

Right to erasure ('right to be forgotten')

Each data subject shall have the right granted by the European legislator to obtain from the controller the erasure of personal data concerning him or her without undue delay, and the controller shall have the obligation to erase personal data without undue delay where personal data are deleted without undue delay, where the processing is not necessary:

The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.

– the person withdraws consent on which the processing is based and there is no other legal basis for the processing;

– the person objects to the processing and there are no overriding legitimate grounds for the processing;

– the personal data have been unlawfully processed;

– the personal data have to be erased for compliance with a legal obligation to which the controller is subject;

– the personal data have been collected in relation to the offer of information society services.

Where the controller has made the personal data public and is obliged pursuant to paragraph 1 to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, his or her personal data.

Right to restriction of processing

Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies:

– the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data;

– the processing is unlawful and the data subject opposes the erasure of the personal data and requests instead the restriction of their use instead;

The controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims.

– the data subject has objected to processing pending verification whether the legitimate grounds of the Administrator override those of the data subject.

Where processing has been restricted under paragraph 1, such personal data shall, with the exception of storage, only be processed with the data subject's consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest.

Where a data subject has requested restriction of processing, the controller shall inform him or her before the restriction of processing is lifted.

Obligation to notify rectification or erasure of personal data or restriction of processing

The controller shall communicate any rectification, erasure or restriction of processing to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort. The controller shall inform the data subject of these recipients if the data subject so requests.

Right to data portability

Each data subject shall have the right granted by the European legislator to receive the personal data concerning him or her which he or she has provided to the controller in a structured, commonly used and machine-readable format and shall have the right to transmit those data to another controller without hindrance from the controller where (i) the processing is based on consent in relation to certain purposes or on a contractual obligation of the data subject or taking steps prior to entering into a contract, and (ii) the processing is carried out in accordance with automated way.

In exercising his or her right to data portability, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible.

Right to object

Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her (where the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority of the controller, or the processing is for the purposes of the legitimate interests pursued by the controller or by a third party), including profiling. We shall no longer process the personal data in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.

Where personal data are processed for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing. This applies to profiling to the extent that it is related to such direct marketing. If the data subject objects to processing for direct marketing purposes, the personal data will no longer be processed for these purposes.

At the latest at the time of the first contact with the data subject, the data subject shall be explicitly informed of the existence of the right referred to in the preceding paragraphs, which shall be presented to him in a clear and separate manner from any other information.

Art. 6.9. Technical and organizational measures for data protection

The protection of data on paper copy as well as on electronic media from unauthorized access, damage, loss or destruction is ensured by a series of internally regulated technical and organizational measures.

Art. 6.10. Transfer of personal data

The administrator transfers personal data to third countries outside the European Union.

Art. 6.11 Violations. Notification of infringements

A data breach occurs when the personal data for which VIRTUAL DECK EOOD is responsible is affected by a security incident resulting in a breach of the confidentiality, availability or integrity of personal data. In this sense, a data breach occurs when there is a security breach leading to accidental or unlawful destruction, loss, alteration, unauthorized disclosure of data, which are transmitted, stored or otherwise processed. In the event of a personal data breach, the Data Protection Officer should be notified immediately.

Once the relevant employee of VIRTUAL DECK EOOD receives information about a violation, it must determine whether the specific event constitutes a personal data breach and notify the administrators of the event (in case they do not know).

In the event of a personal data breach that is likely to result in a risk to the rights and freedoms of natural persons, the Administrator (through the relevant employee) shall, without undue delay and, where feasible, no later than 72 hours after becoming aware of it, notify the breach to the Personal Data Protection Commission.

Where and in so far as it is not possible to submit the information simultaneously, the information may be submitted in phases without further undue delay.

Where the personal data breach is likely to result in a high risk to the rights and freedoms of natural persons, the Administrator shall, without undue delay, communicate the breach to the subject.

The controller shall document any personal data breach, including the facts relating to the breach, its consequences and the actions taken to address it.

Art. 6.12. Destruction

Accounting and commercial information, as well as all other information and documents relevant to taxation and mandatory social security contributions shall be kept by the Administrator within the prescribed legal deadlines in accordance with the current legislation of the Republic of Bulgaria.

After the expiration of the storage period, the information carriers (paper or technical) that are not subject to submission to the National Archives Fund may be destroyed.

After the end of the storage period, the data is destroyed as soon as possible by destroying the paper media by shredding, and on the technical carrier - by deleting and deleting the relevant files from the Company's computers.

We remind you that you can contact the Data Protection Officer of VIRTUAL DECK EOOD at any time by sending your request to the following notification address: info@virtualdeck.net

Section III

ADDITIONAL PROVISIONS

Art. 7.1. For the outstanding issues in these General Terms and Conditions, the provisions of the current legislation of the Republic of Bulgaria shall apply.

Art. 7.2. Disputes arising from the application of these General Terms and Conditions will be resolved through negotiations between the ASSIGNOR and the CONTRACTOR.

Art. 7.3. In the event that no agreement is reached between the ASSIGNOR and the CONTRACTOR, the disputes will be referred to the competent Bulgarian court.