GENERAL COMMERCIAL TERMS AND CONDITIONS
The Claims and Complaints Procedure is also a part of these General Commercial Terms and Conditions.
The General Commercial Terms and Conditions for individuals registered in IREW (the irew-eev web application and the irew-eev mobile application for mobile telephones) of the company NYSA international a.s., Bryksova 762/44, Praha – Černý Most, 19800, for legal persons, natural persons and private persons.
The General Commercial Terms and Conditions define and lay down the rights and obligations arising from commercial relationships between the System Operator and all users of the IREW system. The user is bound by these General Commercial Terms and Conditions for the entire duration of using the IREW system, including trial and test versions.
The IREW system shall mean, for the purposes of these General Commercial Terms and Conditions:
the IREW-EEV web application
the IREW-EEV MOBILE application for mobile telephones
the IREW eID CARD EEV identity card
The IREW System Operator is, for the purposes of these General Commercial Terms and Conditions, the owner of the source code and the manager of the IREW’EEV system – the company NYSA international a.s.
The user of the IREW system shall mean, for the purposes of these General Commercial Terms and Conditions, each legal person and natural person that browses, reads or makes and entry in the IREW’EEV or IREW-EEV MOBILE application, irrespective of whether or not it has or does not have an account activated directly in
Specification of cooperation
The Operator provides the user with free right of use in the IREW system. Using a unique account, the user has access to the platform of the provider to the extent specified in user authorisation.
The IREW platform
The platform provides the environment in which to set up and administer the account of a legal person or a natural person, the environment in which to search individuals and information about them and many other functions, specified at the IREW website or in the promotional materials of the Operator.
Our absolute priority is to ensure that the date in the register is authentic; this is in the interest of all users of the register. For this reason, we need to verify the data entered in the register against personal identity documents. Personal identity documents are used only for these purposes.
Users provide data about their person without charge and voluntarily. In particular, they voluntarily provide a copy of official ID card or passport. Such documents are only used to verify the data entered in the register during the registration process and to prevent any duplicity of individuals in the register.
Users agree that they may be evaluated by third parties according to the subjective opinion of such third parties and that such evaluation may be published in the register to all REGISTERED individuals. Individuals who are not registered do not have access to such information.
Users agree that if they enter information about their medical condition, medication which they use or other data about their medical condition in the register, such information may be shared with all REGISTERED individuals. Individuals who are not registered do not have access to such information.
Activating an account
Private persons – individuals may only be registered in the IREW register by a company or institution
Private persons may only be registered by a company, corporation or institution (hereinafter referred to as the “registrar”) that is registered in the IREW register and that, together with the registered individual, confirms the authenticity and completeness of data about the registered individual.
An agreement of cooperation in the IREW system is entered into in electronic format or in writing by completing and submitting a form – Application for Registration in the IREW’EEV System / Application for the Issue of an IREW Identity Card – in which users provide basic information about their person, append a photograph for identification of 4.5 x 3.5 cm in size and provide confirmation by appending their signature. The registrar saves this form, together with a copy of the official ID card or passport, in PDF / 600 DPI format in the account of the registered individual or sends it by post to the postal address of the IREW Operator.
The Operator subsequently sets the account of the user as “non-verified individual” and verifies, within 3 business days, that the date entered in the IREW system matches the personal identity documents provided. After verifying the data and receiving payment for the issue of an identity card, the Operator activates the user account and sends out an identity card, doing so within not later than 3 business days of receiving all required documents, in the formats specified above, and payment, depending on which of these occurs later.
The provider has the right not to activate an account for an individual if it suspects that the information sent is wrong, incomplete or misleading. In such case, the Operator shall return the fee for the issue of an identity card to the account of the registrar.
The provider has the right not to activate the account of an individual if that individual already has a different account in the IREW system.
A service level agreement for the IREW system is entered into in electronic format by completing the web form. Only a person (employee) who is authorised to do so may register a legal person. Registration is conditional on the following:
saving a copy of an entry in the Commercial Register in the account;
agreement with these Commercial Terms and Conditions.
The user account of a legal person is active immediately after completing the required information, albeit with “non-verified individual” status. The Operator verifies the authenticity of data against the provided documents (copy of an entry in the Commercial Register) and other sources available to it within 3 business days of registration and approves the individual (company) for the permanent register. Even an account having “non-verified individual” status is fully functional, without restriction.
The Operator may verify the authenticity of data with the company by, for example, making a telephone call to the telephone number specified on the website of the user, by submitting a written question to published e-mail addresses or in another way which corresponds to the nature of the information required.
The provider has the right not to activate an account for an individual if it suspects that the information sent is wrong, incomplete or misleading. The provider has the right not to activate the account of an individual if that individual already has a different account in the IREW system.
IREW eID CARD EEV identity card
IREW eID Card 'EEV
A description of the identity card, of its functions, of its options, of its securing and other information is published at www.irew-eev.com/eID_Card.
Issuing an identity card
After full registration of a private person in the IREW system, the IREW Operator issues the registered individual with an IREW eID CARD EEV identity card and sends this to the address of the registrar within 3 business days. After delivery, the registrar is obliged to check the data stated on the identity card against fact and to hand the card over to the registered individual.
The loss of an identity card
When a card is lost or stolen, the user is obliged to inform the IREW Operator of this without undue delay; the IREW Operator shall thereafter block the card without undue delay. After the fee has been paid for the issue of a new card, the Operator shall send this new card out within 3 business days (the new card has a different number to the previous card).
The destruction / damage of an identity card
When a card is damaged or destroyed, the user is obliged to inform the IREW Operator of this without undue delay; the IREW Operator shall thereafter block the card without undue delay. After the fee has been paid for the issue of a new card, the Operator shall send this new card out within 3 business days (the new card has a different number to the previous card).
The validity of an identity card
Cards are valid for 5 years, beginning on the date on which they are issued by the Operator. The term of validity of the card is marked on the card itself. Once the card has expired, the user is obliged to apply for the issue of a new card. The user is informed, by e-mail, of the date of expiration of the card a minimum of 30 days in advance. The IREW register marks an expired card as “not found”.
Modifications /alterations to an identity card
The graphics of the card is protected by the State Printing Works of Securities (Státní tiskárna cenin). Alteration of the data on the card or modification of the graphics of the card is prohibited. An altered or damaged identity card is invalid.
Operation of the system
The system is fully reliant on connection to the Internet. The system does not function without connection to the Internet. The speed of the system depends on the speed of the Internet connection and the HW used.
Data about the user must be up-to-date. Should the IREW Operator discover that data about the user is wrong or incomplete, it may inform the concerned user of such errors. Should the user fail to supplement or correct its data within 7 days of receiving information from the IREW Operator, the IREW Operator is authorised, although not obliged, to correct its data on its behalf and at its responsibility or to supplement such data according to the official data in the Commercial Register or Register of Trades.
The functioning and accessibility of the system stand at a level of around 99.5 %. Maintenance to or the upgrade of the system is carried out during the remainder of the time, generally on non-working days or during the night. All users are notified of planned down time in the system by e-mail a minimum of 24 hours in advance.
The Operator restricts planned maintenance and upgrading to times outside the hours of work, if possible. The hours of work are understood to be the time from 7 a.m. to 6 p.m. on business days (Monday through Friday).
The Operator is authorised make changes to its products as part of the onward development and optimising of such products, if by doing so the essential performance properties of the products are not restricted.
Data provided by software may only be extracted by means of integrated export function or printing. The written approval of the Operator is required for the automated use of software.
All displayed maps (if displayed) are subject to continual changes and never provide a full picture of reality, as is the case with all geographical maps. The Operator is not therefore obliged to ensure the accuracy of displayed maps and other data. The performance of the Operator is restricted to the provision, processing and visualisation of data for users. This also stands for monitoring the mobile devices of users via the IREW-EEV MOBILE application, if used.
The Operator does not accept any guarantees for the accuracy and completeness of all associated data, such as freely editable entries in user accounts.
Data protection / Trade secrecy
Protection of the data of users is dealt with in a separate document – DATA PROTECTION.
The IREW Operator guarantees that data which it receives from users (in particular copies of official ID cards or passports) shall be protected in the appropriate way according to their nature and that it shall take all measures available to it to protect such data.
The data of users is stored in data centres in Prague, from where it is further backed-up in data centres within the territory of Europe, primarily to cover the case of the absolute collapse of the system. Data is protected from attack during transmission by encryption – with an https protocol.
A user account is protected by name and password. The system requires a sufficiently strong password to ensure it cannot be broken.
Off-line data is only available to the concerned user, or to the accounts of the concerned user, and is protected in the way specified above.
Basic online data is available to all users of the IREW system. Registered users have access to all public data, with the exception of unique identifiers such as: Personal Number, document numbers.
The provider undertakes to maintain absolute confidentiality in relation to third parties, save the parties specified in the document entitled IREW – DATA PROTECTION.
You may browse, modify or erase your personal data. You also have the option of setting how your data is collected, used and shared.
Should you decide to close your account, your personal data shall normally cease to be visible to others in the services which we provide within 48 hours. We normally erase data from a cancelled account within 30 days of the date on which the account is closed, save the exceptions specified hereunder.
We store your personal data even after you have closed your account if this is required to enable us to comply with our legal obligations (including requests within the bounds of law enforcement), to comply with regulatory requirements, for the resolution of disputes, to maintain security, to prevent fraud and misuse, to enforce our contract with the user. We shall store anonymised information after you have closed your account.
We have no control over data which other members have copied outwith our service. Content associated with closed accounts appears as content from an unknown user. Your profile might continue to appear in the services of third parties until such time as they update their records.
We are also able to remotely help with the setting of your account.
The Operator provides users of the IREW system with consultancy using several channels of communication. Consultancy is provided by trained workers with good knowledge of how the software functions.
Support is provided using the same means used to request assistance.
Support staff are unable to edit software in any way. Consultancy is provided by the Operator in good faith. Users are not entitled to regular consultancy regarding software.
In the case of system failure, the system provider shall exert the maximum possible effort to put it back into service. The provider does not guarantee the functioning of the system.
The provider is not liable for faults arising in consequence of vis major or faults which occur outside the technical equipment of the provider.
The provider is not liable for the loss or deformation of the data of a user in the IREW system caused by a fault to the equipment of the user, attack by virus (Trojan horses and the like), the non-functioning of the Internet or the intervention of third parties.
Termination of membership
By the user
A registered individual (natural person and legal person) may terminate membership at any time. The individual may request termination of membership using the web form at the website of the Operator (FORMS) or in writing by sending a letter (no set format required) by registered post to the address of the provider.
The provider is obliged, within 3 business days of the delivery of the request to terminate membership, to deactivate the account of the registered individual and to disable access to the data of the user from publicly accessible applications. The operator may subsequently store data only for the needs of the possible interest of the user in renewing membership or to prevent duplication of user accounts.
Termination of membership does not establish the right to the return of the fee for the issue of an identity card.
By the provider
The provider is authorised to block a user account if it has serious reason to do so, in particular:
the user uses the IREW system to promote violence, racism, discrimination, etc., and/or its content is otherwise in breach of the laws in force in the concerned country;
the user damages the repute of the provider;
the user disrupts the commercial interests of the provider;
porušuje licenční podmínky
the user acts in violation of licence conditions;
the eID expires and the user has not applied for the issue of a new identity card (in the case of private persons).
The provider informs the user of the relevant problem in such cases by e-mail. The user is obliged to rectify the situation within 3 business days; otherwise the user account may be deactivated.
The Operator is not responsible for the content of data which the user enter in its IREW user account. The user undertakes to publish in the IREW system only such data which is truthful and which cannot cause loss or damage to third parties or to the provider.
The provider reserves the right to prevent the archiving or publication of data which
is in conflict with good morals, the legal order of the Czech Republic or the interests of the company NYSA international a.s. or the IREW system
concerns third parties (this does not apply to the professional assessments of current or former employers)
is duplicate and is not therefore truthful information.
The provider reserves the right to verify the veracity of information and, in the case of disagreement, to demand immediate rectification.
In all such cases the provider has the right to block an account, or its online zone, until such time as rectification has been made. The user is notified of such measures by e-mail.
Fees and prices are set out by the current price list, which is presented at www.irew.website/eng-prices. The Operator reserves the right to change the pricing policy at any time during cooperation. The fee for the issue of an IREW eID CARD is billed to the registrar – a company or corporation. Any settlement of these costs is subject to agreement between the registrar and the registered individual.
Claims and complaints
User's rights to claim in connection with an identity card
Grounds for claims or complaints
If the information provided during the registration process and the information stated on the IREW eID CARD identity card differs / does not match In such case the user is obliged to notify the IREW Operator of this situation.
Handling claims and complaints
The Operator shall issue a new identity card showing correct data and send this to the address of the registrar within 14 business days, without charge. The newly issued identity card has a different number to the original card.
If an issued card is not delivered to the address of the registrar within a maximum of 14 days of confirmation of registration
The Operator shall issue a new identity card and send this to the address of the registrar within 14 business days, without charge. The Operator blocks the original (undelivered) identity card.
The rights of the user to make a claim/complaint regarding data submitted by third parties
Grounds for claims or complaints
Handling claims and complaints
Assessment of its person which is offensive, improper or which promotes violence, racism or discrimination
Assessment which is provably untrue
The IREW Operator shall take all measures to rectify the situation. It shall contact the third party to correct the assessment. If this does not happen, the Operator is authorised to appropriately correct or delete the assessment.
The user does not have the right to make a claim/complaint
The user does not have the right to free replacement of a card in the case that its data, as shown on the card, does not match fact, but the incorrect data was submitted by the registrar during the registration process.
N.B. A card showing incorrect data about the holder is invalid and the user is obliged to request the issue of a new card and to pay the fee for the issue of this new card.
The user does not have the right to make a claim/complaint regarding the functioning of the system.
Claims/complaints may be made using the web FORM or in writing (no set format required) by sending a letter by registered post to the address of the Operator.
The user hereby expressly agrees that the provider shall use technical information obtained in connection with these General Commercial Terms and Conditions about a user that provided false information in connection with using the IREW system. Such technical information shall be used by the provider to resolve any disputes arising with the user in consequence of the statement of false information or to prevent the use of the IREW system according to these General Commercial Terms and Conditions.
The provider hereby declares that it protects personal data in accordance with Act No 101/2000, on personal data protection and in accordance with the principles set out in EU Directive No 95/46/EC.
The provider reserves the right to use all available methods of application of the provider for the provision of commercial, advertising and classified advertising services among users and among third parties such that it shall attach messages, advertising, informative and commercial texts to concern the products and services provided by the provider and by third parties to messages between users and third parties. Users hereby agree with the addition of advertising, classified advertising and other messages to all messages sent via the provider. Such activities are not considered “spam” from the provider. Users may notify the administrator of the server of their disagreement with the sending of such e-mails using the STP e-mailing service.
Users are aware that the data which they voluntarily provide in discussion forums or other automatically generated pages may be used by a third party. However, the provider is not liable for any unauthorised interventions of third parties in consequence of which such persons gain access to the data of individual users or to their accounts or to the relevant databases of the provider and use or misuse such data in an unauthorised manner or disclose it to third parties. The user declares that it is aware of the risks arising for it in this regard from the unauthorised interventions of third parties.
The provider reserves the right to intervene in the technical structure of the user account for the purpose of carrying out diagnostics of a fault to the function of the program of the provider and to introduce changes or intervene in another way in the technical solution of the user account for the purpose of its modification or the restoration of proper functions.
Copyright and trade marks, licensing conditions
The user is not entitled to regular or free consultancy regarding software, to the supply of upgrades or other data carriers; in particular, it has no right to the source code. Users are prohibited from using licensed software for its onward development, altered version or making copies for the benefit of third parties, or other users. Another paid licence must be arranged in writing for each use beyond the agreed scope, whether in the form of a copy, parallel or alternate use at different work places or to the benefit of different companies and/or branches.
Any use of the IREW system or its parts other than for the purposes for which the system is intended it prohibited.
The user is obliged, when handling all products of the provider, to adhere to Act No 121/2000 on copyright, on rights associated with copyright and amending certain acts (Copyright Act). In particular, it may not lend, copy, sell on or distribute in any other way any of the products of the provider. The user commits a crime by violating the provisions of the Copyright Act.
The database is offered for use to the normal commercial extent in legitimate commercial activities. Copying the entire database or significant parts thereof is prohibited on the grounds of copyright protection.
Personal data protection
The provider protects personal data in accordance with Act No 101/2000, on personal data protection and in accordance with the principles set out in EU Directive No 95/46/EC. The personal data of users is fully protected against misuse. More information about personal data protection is found in the document entitled DATA PROTECTION.
Warranties and guarantees
The Operator solely guarantees that the software is appropriate for use to the agreed extent. The information contained in product descriptions, in instructions for use, in brochures and at the website of the Operator is non-binding recommendation. Other warranties on the part of the Operator are precluded. In particular, the Operator does not provide any warranties on the up-to-dateness, accuracy and completeness of data entered by users, on the compatibility of software with the information technology of the user or with the used methods of data communication.
The creation of hyperlinks and information on the websites of third parties which is available via hyperlinks from the IREW homepage are not a constituent part of contractual performance. Neither does this information provide a more detailed description of mandatory performance. Created hyperlinks or the pages accessible via such hyperlinks are not continually monitored and the Operator does not therefor provide any warranties on their content and accuracy.
Modules which are marked “BETA” or “BETA version” are essentially unfinished products, in the sense of their suitability for everyday use, which although containing all important functions, their performance, compatibility and stability is still insufficient because, according to experience, not all hardware and software environments or user behaviour can be simulated before publication. The Operator therefore provides such BETA software only for the non-binding purposes of testing, for which information from users regarding experiences with the use of the software is essential. It is not possible to guarantee the properties of such product or that the product will not exhibit serious errors. The user acknowledges that warranties from the Operator are precluded in this regard and that any warranty on system breakdown, loss of data or damage caused by fault and on subsequent damage.
The Operator is not responsible for the accuracy and completeness of data during export to other programs which are not under the administration of the Operator.
The provider is authorised to amend these Commercial Terms and Conditions at any time during the force of the contract. The user is informed of amendments by e-mail. By not terminating its membership the user expresses agreement with the new wording of the Commercial Terms and Conditions.
Any disputes between the Parties shall be resolved according to valid legal regulations of the Czech Republic.
Registered individuals (legal persons, natural persons and private persons) express their agreement with these Commercial Terms and Conditions in electronic format when opening their account in the register.
@ copyrihgts by NYSA INTERNATIONAL a.s.