Terms and Conditions

Preamble

1. The Non-profit organization Creative Industry Košice, no., registered office: Kukučínova 2, 040 01 Košice – Juh, Slovakia, IČO: 35583461 (hereinafter referred to as the “Non-Profit Organization”), is the operator of internet portals: www.cike.sk, www.excite.cike.sk, www.my-cid.eu, www.culpix.com (hereinafter referred to as the “Portals”), as well as other websites related to the Non-profit Organization.

2. These Terms of Use of internet Portals belonging to the Non-Profit Organization (hereinafter referred to as the “Terms of Use“) and related services govern the relationship between the Non-Profit Organization and the user of the Portals (hereinafter referred to as the “User“). The Terms of Use become binding for both parties as of the moment of the User’s use of the Portals and related services.

3. Web Portals are focused on the presentation of projects of the Non-Profit Organization and the provision of related services. The Non-Profit Organization covers the projects Creative Residences, Escalator, Education, Bridge, Excite Erasmus, KAIR, Carat, Urbact, Creative Lenses, Generation 2020, Creativity for business and Audience development – projects focused on the development of the creative economy and industry in eastern Slovakia, which are supported by Ministry of Culture of the Slovak Republic and European Union. The aim of our activities is to create conditions for the development of the creative economy and industry, to support the use of creative potential in art and culture. We try to create partner networks at the local level and connect them to foreign organizations involved in the development of the creative economy. We also focus on building general awareness and educating the public in said areas.

4. The portals allow their Users to use the registration by filling in the form on the website www.my-cid.eu or directly on www.cike.sk (hereinafter referred to as the “Member Zone”). After registration, the login name and password the selection of which is the responsibility of the User, are used to log in to the Member Zone. The User is fully responsible for selecting an inappropriate login name or password, as well as for its misuse.

5. After logging in to the Member Zone, the User is enabled to perform necessary financial transactions via the Portals, specifically via GoPay payment gateway (for more information: https://www.gopay.com/). The Non-Profit Organization does not have access to data related to executed transactions. The Non-Profit Organization is responsible for the security of money transfers made on the Portals.

6. The Non-Profit Organization is responsible for the content created and uploaded to the Portals by the Non-Profit Organization. The User is responsible for the content created or uploaded to the Portals by an individual User. The Non-Profit Organization does not monitor posts uploaded to the Portals by Users. User´s posts as well as all other materials must not harm other entities and must be in accordance with the law of the Slovak Republic.

7. If the Non-Profit Organization reliably finds out that the content of User post is in conflict with valid legal regulations of the Slovak Republic, in particular, it interferes with personal or personality rights of third parties, violates intellectual property rights of third parties, violates absolute rights of third parties, is in conflict with relevant antitrust regulations, interferes with the human dignity of persons or has a defamatory character, is capable of causing material or non-material harm to third parties, is contrary to public order or good manners, or is of an erotic or pornographic nature, the Non-Profit Organization has, without prior notice and consent, an exclusive right to delete all such User´s posts from the Portals and all relevant sites as well as other related data and prevent the given User from accessing the Member Zone.

8. Users may use the services provided by the Non-Profit Organization exclusively in accordance with the law of the Slovak Republic and these Terms of use. The Non-Profit Organization may interrupt or stop the provision of its services to the User of the Portal who has violated the rights and obligations arising from the law of the Slovak Republic or these Terms of use, or who has attempted such a violation.

9. Any use of the Web Portals or any part thereof, other than for personal use, in particular, their further use in the form of public transmission, public distribution, reproduction, further processing, modification, or adaptation is prohibited. Furthermore, any interference with the technical or material nature of the Portals is prohibited. Use outside personal use is unauthorized interference with the rights of the Non-Profit Organization and at the same time may be an unauthorized interference with the rights of entities whose intangible assets are part of the content of the Portals. Any use of the content of the Portals in accordance with Act no. 185/2015 Coll. the Copyright Act as amended, is subject to the prior written consent of the Non-Profit Organization; except for personal use.

10. All documents, photographs, videos, and other materials that have been uploaded to the Portals by their Users remain the property of this User, who remains responsible for their legality and legitimacy of their use. By uploading documents, photographs, videos, and other materials on the Portals, the User grants the Non-Profit Organization consent to use the material in all known ways of use, especially to the ways of use specified in the provisions of § 18 par. 2 of Act no. 185/2015 Coll. Copyright Act as amended. This consent is given to an unlimited extent and for an unlimited territory. The User honestly declares that he has the rights to the materials uploaded to the Portals, enabling the granting of the consent described in this article of the Terms of use. At the same time, the user is entitled to revoke his consent at any time, as well as to remove his content from the Portals.

11. The User declares that he is aware of and agrees to the monitoring and collection of all data on his activities within the projects of the Non-Profit Organization, in accordance with the relevant regulations on personal data protection and other applicable legislation.

12. The User can independently control the user settings of the Portals, make adjustments and corrections in his profile as well as control other available settings.

13. After his registration on the Portals, the User may cancel his registration at any time at the e-mail address: office@cike.sk.

Protection of personal data

14. The Non-Profit Organization undertakes to comply with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC (hereinafter referred to as the “GDPR”) and Act no. 18/2018 Coll. on Personal Data Protection, as amended (hereinafter referred to as the “Personal Data Protection Act”).

15. Creative Industry Košice, n.o., registered office: Kukučínova 2, 04001 Košice – Juh, Slovak Republic, IČO: 35583461 processes the Users’ personal data on its own as the controller according to GDPR.

16. Contact details of the Data protection officer: Vojčík & Privacy, s.r.o., Rázusova 13, 040 01 Košice, e-mail: privacy@vojcik.eu, tel .: +421556230111.

17. Data subjects, in accordance with the provisions of the GDPR, are understood to be natural persons – Users who use the services available on the given Portals through registration in the Member Zone (hereinafter also referred to as the “Data subjects”).

18. The Non-Profit Organization is entitled to start processing personal data provided to it in connection with the use of the Portals since the beginning of the use of the Portals by the Data subjects.

19. The Non-Profit Organization, its employees, and other related persons acting on its behalf process the personal data of the Data subjects only to the extent necessary for the proper performance of the services of the individual Portals.

20. The Non-Profit Organization is entitled to process personal data provided by the Portal User, in particular in the scope of his contact details, including name, surname, academic title, permanent residence address, delivery address, if different from the permanent residence address, e-mail address and telephone number, gender, and date of birth. For payment purposes for selected services, the Non-Profit Organization may request and process the User´s payment card data.

21. The processing of the above stated personal data is performed on a legal basis in accordance with Art. 6 pt. 1 (a) b) GDPR: the processing of personal data is necessary for the performance of the contract to which the Customer is a party, or to take action before concluding the contract at the Customer’s request.

22. The purpose of personal data processing is to ensure the performance of services, to ensure the necessary financial transfers for the use of selected services of the Non-Profit Organization, as well as marketing, sending marketing offers, newsletters, product information, and news, and for direct marketing, including sending general marketing information, in accordance with the provisions of § 62 par. 2 of Act no. 351/2011 Coll. On electronic communications as amended, in particular by post or electronic mail and notifications generated by the Non-Profit Organization and its partners.

23. The Controller is entitled to process personal data beyond the stated scope, and the processing of which is not compatible with the stated legal basis, only on the basis of prior consent provided by the User voluntarily and for a predetermined purpose, scope, and period. The user has the right to revoke the consent at any time in writing. Withdrawal of consent is effective on the day of its delivery to the Non-Profit Organization.

24. In the event that the User agrees to cookies, the Non-Profit Organization may also process data on individual Users and their User behavior on the Portals, for statistical, research, and analytical purposes, as well as for marketing purposes and for the purpose of developing and improving Non-Profit Organization’s services, as well as administration and ensuring the proper course of projects.

25. By registering in the Member Zone of the Portals, the Data Subject honestly declares that he/she has read these Terms of use and is aware that he/she provides personal data to the Non-Profit Organization voluntarily for processing, in accordance with the provisions of the GDPR and these Terms of use.

26. The User of the Portals may also add photos, texts, and videos to the content of the Portals via the Member Zone, while being responsible for all added photos and videos, stating that their use within the Portals does not infringe any rights of third parties.

27. Through the Member Zone, the User can add his own documents of a personal nature to the Portals, including a CV and a motivation letter. By adding the above-stated documents to the Portals, the User agrees to their use within the projects of the Non-Profit Organization, which undertakes to handle these documents exclusively to the extent necessary for the proper performance of the services provided.

28. When providing personal data to the Non-Profit Organization, the User of the Portals is obliged to provide true, correct, and up-to-date personal data. The User is solely liable for the damage caused as a result of incorrectly provided personal data.

29. In the event of a need related to the implementation of projects of the Non-Profit Organization, the Non-Profit Organization may also request additional personal and other data from the Users.

30. At the same time, the Non-Profit Organization declares that it will use the Users’ personal data only for the above-mentioned purposes. The User will be informed in an appropriate manner about the use of data within other projects of the Non-Profit Organization. Before using the data for a purpose not stated in these Terms of use, the Non-Profit Organization will always ask the User to express his consent.

31. The User grants consent to the processing of personal data to the Non-Profit Organization for the duration of the purpose of processing personal data.

32. By registering in the Member Zone as well as by using the Portals, the User honestly declares that the Non-Profit Organization has fulfilled its information obligation to him before obtaining personal data and made him aware of all information, facts, rights, and obligations under Art. 13 GDPR, as well as the rights and obligations arising from other provisions of the GDPR or the Personal Data Protection Act. Fulfillment of the information obligation of the Non-Profit Organization on the processing of personal data for the purposes defined in these Terms of use is confirmed by the User upon registration in the Member Zone. Fulfillment of the information obligation is expressed by clicking on the relevant place during registration in the Member zone of the Portals or in a similar suitable manner.

33. If the User suspects that his personal data are being processed unlawfully, he may submit a proposal to the Office for Personal Data Protection of the Slovak Republic to initiate proceedings on personal data protection. according to § 100 of the Personal Data Protection Act.

34. At the same time, the User of the Portals hereby honestly declares that the Non-Profit Organization has made him aware of all the following rights of the person concerned in accordance with Art. 15 to 22 and Art. 34 GDPR. In connection with the above, on the basis of a request to the Non-Profit Organization, the User of the Portals has the right to request:

  • The right of access to personal data pursuant to Art. 15 GDPR: The data subject has the right to obtain confirmation from the Non-Profit Organization whether personal data concerning him or her are being processed. The data subject has the right to gain access to this personal data and to the information pursuant to Art. 13 GDPR.
  • The right to correct personal data according to Art. 16 GDPR: The data subject has the right to have the Non-Profit Organization correct incorrect personal data concerning him/her without undue delay. With regard to the purpose of the processing of personal data, the data subject has the right to supplement incomplete personal data.
  • The right to delete personal data according to Art. 17 GDPR: The data subject has the right to have the Non-Profit Organization delete personal data concerning him or her without undue delay if the data subject has exercised the right to erasure if:
  1. personal data are no longer required for the purpose for which they were obtained or otherwise processed,
  2. the data subject withdraws the consent on the basis of which the processing of personal data is carried out and there is no other legal basis for the processing of personal data,
  3. the data subject objects to the processing of personal data and there are no legitimate grounds for processing personal data or the data subject objects to the processing of personal data for the purpose of direct marketing,
  4. personal data are processed illegally,
  5. the reason for the cancellation is the fulfillment of the obligation under the Personal Data Protection Act, a special regulation or an international agreement by which the Slovak Republic is bound,
  6. personal data were obtained in connection with the offer of information society services.
  • The right to restrict the processing of personal data pursuant to Art. 18 GDPR: The data subject has the right to have the Non-Profit Organization restrict the processing of personal data if:
  1. the Data Subject objects to the accuracy of the personal data, during a period allowing the Non-Profit Organization to verify the accuracy of the personal data,
  2. the processing of personal data is illegal and the Data Subject objects to the deletion of personal data and calls instead for restrictions on their use,
  3. The Non-Profit Organization no longer needs personal data for the purpose of processing personal data, but the Data Subject needs them in order to assert a legal claim,
  4. the Data Subject objects to the processing of personal data until it is verified that the legitimate reasons on the part of the Non-Profit Organization outweigh the legitimate reasons of the Data Subject.

The Non-Profit Organization is obliged to inform the Data Subject whose personal data processing will be restricted before the restriction on the processing of personal data is lifted.

  • Based on Art. 19 The GDPR is a Non-Profit Organization if the data subject so requests, obliged to inform the Data Subject about the recipients to whom the Non-Profit Organization has notified the correction of personal data, deletion of personal data, or restrictions on the processing of personal data.
  • The right to the transfer of personal data according to Art. 20 GDPR: The Data Subject has the right to obtain personal data concerning him/her provided to the Non-Profit Organization in a structured, commonly used, and machine-readable format and has the right to transfer this personal data to another controller.
  • The right to object to the processing of personal data pursuant to Art. 21 GDPR: The Data Subject has the right to object to the processing of his or her personal data because of his or her specific situation on a legal basis that the processing of personal data is necessary to fulfill a public interest task or because the processing is necessary for legitimate purposes, interests of a Non-Profit Organization or a third party, including profiling based on these provisions. The Non-Profit Organization may not further process personal data unless it demonstrates the necessary legitimate interests for the processing of personal data which outweigh the rights or interests of the Data Subject or the grounds for exercising a legal right. The Data Subject has the right to object to the processing of personal data concerning him or her for the purpose of direct marketing, including profiling, to the extent that it relates to direct marketing.
  • Based on Art. 22 The GDPR the Data Subject has the right not to be subject to a decision that is based exclusively on the automated processing of personal data, including profiling, and which has legal effects affecting or similarly significantly affecting him.
  • Based on Art. 34 The GDPR the Data Subject has the right to have the Non-Profit Organization notify him or her without undue delay of a personal data breach, if such a breach of personal data protection may lead to a high risk to the rights of the individual.

35. On the basis of his or her request, the Non-Profit Organization is obliged to provide the Data Subject, with information pursuant to Art. 13 GDPR and notifications under Art. 15 to 22 and Art. 34 GDPR concerning the processing of his or her personal data. The information must be provided in paper or electronic form, usually in the same form in which the application was submitted. If the Data Subject requests so, the Non-Profit Organization may also provide the information orally if the Data Subject proves his or her identity in another way. In the exercise of rights under Art. 15 to 22 GDPR the Data Subject is obliged to cooperate with the Data Subject. The Non-Profit Organization has the right not to provide information to the extent that the Data Subject has it.

36. The Non-Profit Organization shall provide the Data Subject with the information referred to in point 1 within one month of receipt of the request. In justified cases, this period may be extended by the Non-Profit Organization due to the complexity and number of applications, for another two months, even repeatedly. The Non-Profit Organization shall inform the Data Subject of any such extension within one month of receipt of the request, together with the reasons for the extension. The information provided by the Non-Profit Organization is free of charge. If the request of the Data Subject is evidently unsubstantiated or disproportionate, in particular, because of his recurring nature, the Non-Profit Organization may charge a reasonable fee taking into account the administrative costs of providing information or a reasonable fee taking into account the administrative costs of notification or refuse to take administrative action upon such request.

37. The Non-Profit Organization declares that it will collect personal data exclusively for the purposes stated in the Terms of use.

38. The Non-Profit Organization declares that it shall ensure that personal data are processed and used exclusively in a manner appropriate to the purpose for which they were collected.

39. The Non-Profit Organization declares that it processes personal data in accordance with good manners and will act in a manner that does not contradict the provisions of the GDPR, the Personal Data Protection Act, or other generally binding legal regulations, nor will it circumvent them.

Use of cookies

40. Cookies are small text files stored on the User’s terminal device, which are stored in the end device and accessed by the Non-Profit Organization through the operation of the Portals. Through cookies, the Portal stores information about the User’s preferences and settings. Storing cookies streamlines and speeds up the work and use of the Portals.

41. Cookies do not contain malicious computer programs, malware, or spyware.

42. Web Portals use temporary cookies, which are stored on the device only during one visit to a particular Portal. These files are automatically deleted from the device after closing the selected Internet browser.

43. Portals also use permanent cookies, which are stored on the end device in order to:

  1. memorize specific phrases that were entered into the Portal search engine,
  2. remember visited places on web Portals and find out which pages and functions Users use most often,
  3. remember the ratings and comments that users enter into the Portals,
  4. provide information necessary for web analysis and statistics (which pages were visited, how long time was spent on them, the date of individual visits to the Portal, the number of visits to the Portals, the time interval of use, etc.),
  5. ensure and simplify the use of User settings (e.g. language settings, User recognition if he returns to the page after closing the browser, remembering login and login details, setting the portal display).

44. The Non-Profit Organization does not share the information obtained from cookies with third parties.

45. At the same time, the Non-Profit Organization is not responsible for third-party cookies.

46. If the Portal User does not log in via the login data in the Member zone, his or her personal data is not processed via cookies.

47. For consent to the use of cookies for the purpose expressed in these Terms of use in accordance with § 55 par. 5 of Act no. 351/2011 Coll. On electronic communications, as amended, considers the appropriate settings of the selected Internet browser.

48. You can use a web browser to reject cookies, set the use of only certain cookies, or delete them from your end device altogether.

49. If cookies are not used, the Non-Profit Organization is not responsible for incorrect operation of the Portals on the end device.

Final provisions

50. The Non-Profit Organization is not liable for actual damage and lost profit, incurred in an individual legal relationship with the User of the Portals not caused by the Non-Profit Organization.

51. The Non-Profit Organization is not liable for breach of obligations by individual Users of the Portals towards the third parties.

52. The Non-Profit Organization is not responsible for the topicality, correctness, completeness, legality, and quality of the information provided about the products and services listed on the Portals; unless expressly stated otherwise.

53. The Non-Profit Organization is not responsible for technical errors related to data communication via the Internet, errors related to the User’s end device, or for defects caused by the unavailability of the Internet connection.

54. In the event of termination of the legal relationship on which the processing of the User’s personal data was based, his or her personal data will continue to be stored in the database of the Non-Profit Organization only to the extent and for the period required by applicable law. All other personal data will be destroyed on the basis of a decision of the Non-Profit Organization in accordance with the provisions of § 17 of the Personal Data Protection Act or anonymized in accordance with the provisions of § 6 paras. 5 of the Personal Data Protection Act.

55. By using the Portals, the User agrees to these Terms of use, unless these Terms of use or applicable law require the specific consent of the User.

56. These Terms of use may be changed by the Non-Profit Organization on an ongoing basis, while the User is regularly acquainted with the wording of the Terms of Use and their possible changes in his own interest. The current wording of the Terms of Use is effective as of 15/7/2015 and is published on the web address: https://www.cike.sk/sk/vop.

57. When registering in the Member Zone, the User honestly declares that his personal data is true, correct, current, complete. In the event of a change in personal data, the User is obliged to immediately inform the Non-Profit Organization of this change.

58. These Terms of Use are drawn up in Slovak and English, both texts being equally authentic; apart from any discrepancies between the two versions, then the Slovak version always takes precedence.

59. The law applicable to legal relations arising from the use of the Portals is the law of the Slovak Republic. The courts of the Slovak Republic are competent to decide any disputes arising during the use of the Portals.

60. Rights and obligations that are not regulated in these Terms of use are governed by the provisions of Act no. 513/1991 Coll. Commercial Code as amended.