(hereinafter referred to as “GTC“)
1. INTRODUCTORY PROVISIONS
1.1 These GTC of the company WageNow, s.r.o. with its registered office at Horná 37, 97401 Banská Bystrica, Slovak Republic, ID No.: 54 392 276, a company registered in the Commercial Register of the District Court of Banská Bystrica, Section: Sro, Insert No.: 44892/S, as the Provider, regulate the relations between the Provider and the Recipient in connection with the use of the Application and the services provided through the Application on the basis of specific contracts.
1.2 The Provider’s contact details are: tel: +421 918445694, e-mail: pomoc@wagenow.sk
1.3 These GTC shall form an annex to any Other Contract.
1.4 To the extent that the provisions of the Other Contract differ from the provisions of these GTC, the provisions of the Other Contract shall prevail.
1.5 Relationships not regulated in these GTC, in Other Contracts or in their integral parts (annexes) shall be governed by the relevant provisions in particular:
- Act No. 40/1964 Coll., the Civil Code, as amended,
- Act No. 513/1991 Coll., Commercial Code, as amended,
- Act No. 108/2024 Coll. on Consumer Protection and on Amendments and Additions to Certain Acts,
- Act on the Protection of Personal Data,
- Regulations.
1.6 The Recipient acknowledges that the Application within the meaning of these GTC, including modifications and changes thereto, are a work within the meaning of the provisions of Act No. 185/2015 Coll., the Copyright Act, as amended, and therefore this work enjoys protection under the provisions of this Act. The Provider is entitled to provide third parties with the use of the Application on the basis of a license. The Recipient is not entitled to distribute, reproduce or otherwise dispose of the Application without the Provider’s consent in a manner different from the manner of use of the Application pursuant to these GTC.
1.7 By using the Application, the Recipient confirms that he/she has read and agrees to these GTC. The Recipient also expressly confirms this consent when activating the Account.
2. DEFINITIONS OF TERMS
2.1 The terms used in this Article shall have the meanings set out in this Article, unless otherwise specified in these GTC or in other documents referred to in these GTC or in other documents.
Application means the Provider’s application called WageNow, which can be used either as a mobile application (hereinafter also referred to as the “Mobile Application“) once installed on the Device or as a web application accessible on the Website (hereinafter also referred to as the “Web Application“), which is used to:
- creating a personal Beneficiary Account,
- logging into the Recipient Account,
- submission of Applications by Beneficiaries,
- displaying the Available Balance,
- view Reports.
The Draw Cycle is the Draw Period together with the period up to that day of the following calendar month as agreed between the Beneficiary and the Employer in the Framework Agreement.
Due Date means the date on which the WageNow™ Cash Value is due, being the date which is the same as the Payday of the Beneficiary after the WageNow™ Cash Value has been provided by the Employer to the Beneficiary, on which date the Employer shall remit to the Beneficiary the wages for the Relevant Period to which the Beneficiary is entitled under the Employment Contract. If the amount of the WageNow™ Cash Value exceeds the amount of the Recipient’s net wages to which the Recipient is entitled for the applicable Election Period, the Payable Date for the excess portion of the WageNow™ Cash Value shall be the Recipient’s next nearest payday.
The Closing Date is the day of the calendar month following the Decision Period as agreed between the Recipient and the Employer in the Master Agreement.
Available Balance means the amount of cash value available under WageNow™ that the Beneficiary is entitled to request to be drawn down during the relevant Drawdown Cycle. It is determined by the Provider based on the Beneficiary’s estimated net wages for time worked as of the date of drawdown as provided by the Employer and reduced by the amount already provided to the Beneficiary through WageNow™ for the applicable Drawdown Cycle, provided that the amount of the Available Balance may not exceed the Monthly Limit. The amount of the Available Balance is periodically updated and displayed to the Beneficiary upon logging into the Account.
Other Contracts are contracts to which the parties are, inter alia. Beneficiary and the Provider, being in particular (i) the Framework Contract concluded between the Beneficiary and the Provider, the subject matter of which is the determination of the rights and obligations of the parties and the Drawdown Terms and Conditions and, where applicable (if any) (ii) the Payroll Deduction Agreement concluded between the Beneficiary and the Provider pursuant to Article 551 of the Civil Code, the subject matter of which is to secure the satisfaction of the Provider’s claims against the Beneficiary incurred by the Provider in connection with the provision of funds through WageNow™, and the related determination of the rights and obligations of the parties.
Account means the Beneficiary’s user account in the Application created by the Provider on the basis of information provided by the Employer and subsequent activation by the Beneficiary, which is protected by the Beneficiary’s login name (email) and password, and which is used for the use of the Application and the services provided through it.
The Regulation is Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).
The WageNow Cash Value™ is the sum of the cash value committed for the Relevant Period and provided to the Beneficiary by the Provider through WageNow™ in the relevant Drawdown Cycle.
PIN is a personal identification number created by the Beneficiary which, if using the Mobile Application, allows the Beneficiary to be identified when accessing the Account and entering Applications.
Drawdown Conditions are the conditions set out in the Other Contracts, the cumulative fulfilment of which is a condition for the provision of funds through WageNow™.
The Provider is the administrator and provider of WageNow™. It is the owner of the copyright and other intellectual property rights in the Application. The Provider is the company WageNow, s.r.o. with its registered office at Horná 37, 97401 Banská Bystrica, Slovak Republic, ID No.: 54 392 276, a company registered in the Commercial Register of the District Court of Banská Bystrica, Section: Sro, Insert No.: 44892/S.
The Employment Contract is a contract between the Beneficiary as an employee and the Employer as an employer, as amended from time to time.
Statement means information about the funds provided through WageNow™, including information about their repayment. Statements are displayed to the Recipient in the Application after logging into the Account under “Withdrawal History”.
A Beneficiary is an individual in an employment relationship with the Employer who is eligible to withdraw funds through WageNow™, subject to the agreed terms and conditions.
Claim means a claim by the Beneficiary for verification of the accuracy and quality of the services provided by the Provider through the Application, which are subject to Other Contracts.
Beneficiary Account means the Beneficiary’s bank account specified in the Employment Contract or any other bank account of the Beneficiary notified in writing by the Beneficiary to the Employer for the purpose of payment of wages.
Statement means the document generated by the Provider and sent to the Employer on the last Closing Date containing information to the following extent:
- The sum of WageNow™ monies provided under Claims in a given Draw Cycle,
- the amount of WageNow™ funds awarded on the Closing Date,
- the sum of all monies provided through WageNow™ by the Provider since the beginning of the contractual relationship that have not been returned by the Recipient as of the statement generation date.
WageNow™ is a tool that allows for flexible drawdown of the Beneficiary’s wages, in the form of the provision of funds in the value of the relevant portion of the wages prior to the pay date agreed between the Beneficiary and the Employer, either at the Beneficiary’s Request or without the Beneficiary’s Request, so that the value of the Beneficiary’s net wages earned in the Decision Period, up to a maximum of the Monthly Limit, is deposited into the Beneficiary’s Account no later than the Closing Date.
Website means the Provider’s website at www.wagenow.sk.
Device means a mobile phone, tablet, PC or other device that has an internet connection and meets the hardware and software requirements to use or install the Application.
Employer means the company that employs the Beneficiary and that has entered into a Cooperative Agreement with the Provider to determine the rights and obligations of the parties in connection with the provision of funds through WageNow™ to the Employer’s employees.
The Agreement is the Provider’s acceptance of the Request for Cash Funds through WageNow™.
A Request is a submission by a Recipient made through the Application, the content of which is a request for funds to be provided through WageNow™ in an amount determined by the Recipient, up to a maximum of the Available Balance.
The Personal Data Protection Act is Act No. 18/2018 Coll. On the Protection of Personal Data and on Amendments and Additions to Certain Acts.
3. CREATION OF AN ACCOUNT
3.1 If the Disbursement Conditions or other conditions subject to the Other Agreements are met, the Provider shall register the Beneficiary in the Application.
3.2 Upon registration of the Beneficiary by the Provider, the Beneficiary will receive an email with an invitation to activate the Account.
3.3 As a condition for creating an Account, the Beneficiary shall also confirm that he/she has read these GTC and agrees to their wording.
3.4 Only after successful activation of the Account by the Beneficiary according to the Provider’s instructions is the Account successfully created and the Beneficiary may use it.
4. INSTALLATION, USE AND FUNCTIONS OF THE APPLICATION
4.1 For the proper functionality and use of the Mobile Application and the services provided through the Mobile Application, its installation on the Device is essential. The Mobile Application is freely available for download to Beneficiaries in the app store depending on the operating system of the Beneficiary’s Device (in the case of the Android operating system – Google Play, in the case of the iOS operating system – App Store).
4.2 In the case of use of the Web App, it is not necessary to install it on the Device. The Web Application is operated and managed by the Provider on the Website.
4.3 For the proper functionality and use of the Application, the Recipient is required to identify himself by logging into his Account using the login details, namely his email and password, which he has chosen himself when activating the Account.
4.4 Use of the Application requires an internet connection (via wifi, fixed or mobile internet, depending on the Device).
4.5 Once logged into the Account, the following information is available to the Beneficiary in the Application:
(i) the name and surname of the Recipient,
(ii) the amount of the Available Balance,
(iii) the date of the next payout date,
(iv) Statements.
4.6 In particular, the Beneficiary is entitled to make Applications through the Application in accordance with the procedure set out in Article 6 of these GTC.
5. LICENSE
5.1 By downloading and installing the Mobile Application on the Recipient’s Device, the Recipient creates a permanent copy of the Application on its Device. This copy of the Application is intended solely for the personal use and use of the Recipient and the Recipient is not entitled to use the Application for commercial purposes and without the prior express consent of the Provider. The Recipient is not entitled to use the Application or any part of it as part of other solutions, regardless of their nature or form.
5.2 The Provider grants the Recipient a personal, non-exclusive license to use the Application. The Provider shall be entitled to revoke the non-exclusive licence granted to the Recipient if it grants an exclusive licence to a third party in the future.
5.3 The licence is granted for the duration of the Account or until the Recipient has access to the Application or the Application is terminated, as the case may be.
5.4 The licence is granted only for the territory of the European Union, unless the Provider decides otherwise.
5.5 The Licence does not include the right to alter, modify or otherwise process the Application or any part thereof and/or to make derivative works from the Application or any part thereof.
5.6 The license under Article 5.2 is granted as gratuitous, provided that in accordance with Article 7.1 of these GTC, the Provider may decide to charge a fee for the license.
5.7 The Recipient shall not be entitled to assign or sub-license the licence granted under these GTC, even in part.
5.8 The provisions of this article of the GTC shall also apply mutatis mutandis to any and all updates to the Application which modify or supplement the original Application.
5.9 By creating an Account, using the Application and/or downloading and installing the Mobile Application, the Recipient does not acquire any rights to the Application, other than the right to use the Application in accordance with these GTC.
6. APPLYING FOR AND PROVIDING FUNDS THROUGH WAGENOW™
6.1 The Provider shall provide funds through WageNow™ to the Beneficiary upon the Beneficiary’s Application, including multiple times within a Draw Cycle, up to a maximum of the Available Balance.
6.2 The amount of the Available Balance is determined by the Provider based on information provided by the Employer to the Provider from time to time. In particular, information relating to:
- the amount of the Beneficiary’s net monthly or hourly wage,
- changes to the Employment Contract,
- the fulfilment or non-fulfilment of the Conditions of Use,
- the occurrence of third-party claims for deductions from the Recipient’s wages,
- bankruptcy petitions filed against the Beneficiary,
- the commencement of legal and/or enforcement proceedings against the Beneficiary.
6.3 The amount of the Available Balance for the relevant Drawdown Cycle shall be displayed to the Beneficiary in the Application and shall be updated as and when it occurs:
- periodically after the Employer has provided the information pursuant to an article of these GTC,
- after each Application,
- after rejection of an Application by the Provider,
- after the provision of funds through WageNow™,
- after the return of the WageNow™ Cash Value by the Beneficiary.
6.4 The Recipient shall submit a Request through the Application by clicking on the “Request a Withdrawal” or “Withdrawal” button, indicating the desired amount of WageNow™ up to the maximum Available Balance. By clicking the “Submit Request” button, the Recipient confirms the contents of the Request, consents to the provision of WageNow™ on the agreed terms and conditions, and submits the Request to the Provider. The submission of the Application pursuant to this Article shall be deemed to be the Recipient’s proposal to the Provider to enter into the Contract. The information provided in the Application shall be deemed correct by the Provider.
6.5 Provided that the Conditions of Disbursement are fulfilled, the Provider shall accept the Recipient’s Application. At the moment of acceptance of the Application by the Provider, the Contract shall be deemed to be concluded.The acceptance of the Application by the Provider shall be displayed to the Beneficiary in the Overview.
6.6 The Contract may only be concluded in the Slovak language.
6.7 The Provider shall transfer funds in the amount specified in the Application to the Beneficiary’s Account immediately after the acceptance of the Application pursuant to the preceding Article 6.5, but no later than within three working days of the submission of the Application by the Beneficiary.
6.8 The Parties acknowledge that in the event of technical or other outages causing limitation of the functionality of the Application, the time for the Provider to send funds via WageNow™ shall be extended by the duration of the outage.
6.9 There is no legal entitlement to receive funds via WageNow™ on the basis of the Application. The Provider shall be entitled to reject the Application and therefore not enter into the Contract if it determines that the Beneficiary does not meet the Drawdown Conditions, the amount of WageNow™ requested in the Application exceeds the amount of the Available Balance, or any information relating to the Beneficiary in the Account is incorrect or out of date. The Provider shall also have the right to reject the Application if it is in violation of generally applicable law, the GTC or if the Provider has reasonable grounds to suspect a possible non-compliance with the Disbursement Conditions. Information on the rejection of the Application will be displayed to the Beneficiary in the Application in the Overview.
6.10 The Beneficiary is entitled to cancel the Application before the Provider transfers funds via WageNow™ to the Beneficiary’s Account by sending the cancellation of the Application to the email addresspomoc@wagenow.sk .
6.11 The Beneficiary is also entitled to withdraw from the Contract without payment of a contractual penalty and without stating a reason, in accordance with Article 5(1) and (5)(c) of Act No. 266/2005 Coll. on Consumer Protection in the Conclusion of Distance Financial Services and on Amendments and Additions to Certain Acts, as amended, until the funds have been transferred by the Provider to the Beneficiary’s Account on the basis of the Contract in question, but no later than within 14 days of the conclusion of the Contract. The notice of withdrawal from the Contract under this Article shall be sent by the Recipient to the email addresspomoc@wagenow.sk , whereby the time limit shall be deemed to have been complied with if the notice of withdrawal is sent to the Provider no later than on the last day of the time limit.
7. REMUNERATION FOR THE USE OF THE APPLICATION
7.1 The download, installation and use of the Application, as well as the use of the services provided and accessible through it, is free of charge for the Recipient and the Provider does not charge the Recipient any remuneration or fees.
7.2 In connection with the download and use of the Application, the Recipient may be charged fees associated with the provision of an internet connection provided by a telecommunications and data service provider with which the Recipient has a separate contract. These costs shall be borne in full by the Beneficiary.
8. COMPLAINTS, HANDLING PROCEDURES AND TIME LIMITS
8.1 If the Recipient disagrees with any of the transactions set out in the Reports, the Recipient has the right to submit a Complaint by email topomoc@wagenow.sk without undue delay after becoming aware of this fact.
8.2 The Provider shall decide without undue delay on the validity of the Complaint, but no later than within 15 working days from the date of receipt of the Complaint. In justified cases, if the deadline of 15 working days cannot be met, the Provider shall provide the Recipient with a preliminary written response to the submitted Complaint. The time limit for the delivery of the final reply shall not exceed 35 working days, the overall processing of the Complaint in complex cases shall not take longer than 6 months.
8.3 If the Complaint is found to be justified and to be an unauthorised payment transaction, the Recipient shall immediately reimburse the amount claimed to the Provider’s bank account specified in the decision on the Complaint. If the amount claimed has already been returned to the Provider by the Beneficiary in accordance with Article 9 of these GTC, the Provider shall immediately return the amount to the Beneficiary’s account.
9. SETTLEMENT AND PAYMENT OF MONETARY OBLIGATIONS OF THE BENEFICIARY TOWARDS THE PROVIDER
9.1 The Recipient shall be obliged to return the WageNow™ monies provided to it through WageNow™ and undertakes to return the WageNow™ Monetary Value to the Provider on the Due Date, as follows:
- Designating the Provider’s Account as the account to which a portion of the Recipient’s wages in an amount equal to the WageNow™ Cash Value is to be remitted,
- in the absence of payment of the Beneficiary’s obligation pursuant to paragraph 9.1(a) above, by deductions from wages made by the Employer as the payer of the wages on the basis of the Wage Deduction Agreement concluded between the Beneficiary and the Employer pursuant to Section 131(3) of Act No. 311/2001 Coll. of the Labour Code (hereinafter referred to as the “Wage Deduction Agreement“),
- or in any other way on the basis of a special agreement between the Beneficiary and the Employer and/or the Provider.
The basis for the reimbursement of funds through WageNow™ are the statements sent by the Provider to the Employer on the last day of the Drawdown Cycle. Further details of the terms, conditions and manner of the Employer’s payroll deductions are included in the Other Contracts and the Payroll Deduction Agreement (if any).
9.2 The Provider shall account for all monies provided through WageNow™ to the Recipient and all monies provided through WageNow™ that have been returned to the Provider by the Recipient pursuant to the preceding paragraph 9.1 of the GTC. This data is also displayed to the Recipient in the Application through the Reports.
10. RIGHTS, OBLIGATIONS AND RESPONSIBILITIES OF THE RECIPIENT
10.1 The Recipient shall prevent the disclosure of data on the Application.
10.2 The Recipient undertakes not to use the Application in a manner that infringes the Provider’s rights in the Application and/or damages the Provider’s reputation and interests. The use of the Application for any purpose other than as defined is prohibited. The Recipient declares that it will not use the Application for purposes contrary to generally applicable law, these GTC and the Other Agreements.
10.3 The Recipient shall protect its Device on which the Application is installed or used from loss, theft, theft or other misuse. The Recipient shall secure its Device, if necessary, by properly locking it according to the terms and capabilities of the Device’s operating system. The Recipient shall also prevent others from accessing the Account through the Application by temporarily logging out of the Account when the Application is no longer being used on the Device.
10.4 The Beneficiary’s Account is non-transferable and each Account may only be used by one person. The Recipient shall ensure the confidentiality and secrecy of their Account credentials and shall not allow any third party to use the Application through their Account. If the Recipient allows a third party to use the Application through his Account, he shall be liable for the actions of that third party as if he were acting alone.
10.5 The Recipient shall be fully responsible for any activities carried out under his/her login name and password within his/her Account and shall be liable to pay the Provider for any damage caused by improper use of the Application.
10.6 In the event of misuse of the Recipient’s Account login credentials or in the event of a suspected breach of the security of the Recipient’s Account login credentials, the Recipient is obliged to perform or ensure the performance of all necessary actions aimed at abandoning such a state of affairs and to notify the Provider without undue delay via the Provider’s email addresspomoc@wagenow.sk . The liability of the Recipient for any damage caused to the Provider is not affected.
10.7 The Beneficiary is also entitled to request the Provider to generate new Account login credentials in case of forgetting, loss or misuse of the Account login credentials or in case of suspected misuse of the Account login credentials.
10.8 If the Recipient encounters any defect or deficiency while using the Application, he/she may contact the Provider’s technical support via email atpomoc@wagenow.sk , in order to resolve the technical problem.
11. RIGHTS, OBLIGATIONS AND LIABILITY OF THE PROVIDER
11.1 The Provider undertakes to ensure the protection of the Recipient’s login data to the Account, as well as the protection of all the Recipient’s data in its possession from unauthorized intervention or misuse by third parties.
11.2 The Provider shall not be liable to the Recipient for damages caused by misuse of the login data by a third party on the part of the Recipient.
11.3 The Provider shall not be liable for damages incurred by the Beneficiary in connection with the provision of incorrect or inaccurate data to the Provider by the Employer or the Beneficiary.
11.4 The Provider shall not be liable for any damage incurred by the Recipient in connection with the use of the Application, nor for any damage caused to the Recipient by the non-functionality of the Application and/or by the unavailability of the Account resulting from events or phenomena that occurred independently of the Provider’s will (e.g. interruption of power supply, failure of transmission lines, etc.).
11.5 In some cases, the Provider is entitled to revoke the right to use the Account or to temporarily or permanently block the Account without prior notice to the Beneficiary (this is in particular the case of breach of contractual terms and conditions, including breach of the terms and conditions of Other Contracts, blocking of the Beneficiary’s Account in the event of foreclosure or for any other reason, in case of suspected misuse of the Account, in case of termination of employment with the Employer, in case of delay in repayment of funds provided through WageNow™, in case the Provider becomes aware that the Beneficiary or the Employer has provided the Provider with false information about the Beneficiary or has submitted falsified documents).
11.6 The Provider shall be entitled to block the Application in the event of a reasonable suspicion that the security of the Application has been compromised in any way, for example by unauthorised or fraudulent use of the Application, or for other reasons worthy of special consideration. The Provider shall notify the Beneficiary of the blocking of the Application and the reasons for such blocking without undue delay after the blocking of the Application, by sending a notification to the email address of the Beneficiary provided by the Beneficiary when registering the Account. In such case, the Provider shall not be liable for any unauthorized blocking of the Application.
11.7 The Provider undertakes to provide the service and maintain the Application in accordance with the law and undertakes to ensure the functionality of the Application, except in cases independent of the Provider’s will.
11.8 The Provider also reserves the right to technical downtime of the Application for maintenance and deployment of new functionalities, and will inform the Recipient about such technical downtime on the Website. The Recipient shall not be entitled to any compensation for damages caused by the non-functionality of the Application or the unavailability of the Website.
11.9 The Provider shall be entitled, at its sole discretion, to implement and/or remove elements and features of the Application, shall be entitled, at its sole discretion, to update the Application at any time, and such updates may have a direct and/or indirect impact on the way the Application or the services provided and/or accessible through them function.
11.9 The Provider does not warrant or guarantee to the Recipient that the Application will be accessible from any device used by the Recipient.
11.11 The Provider also represents that the Application and its functionalities will be provided at a quality that can reasonably be expected taking into account their nature, purpose and the conditions of use of the Application as set out in these GTC. In the event of errors or defects in the Application, the Provider represents that they will be corrected within a reasonable time and in the manner specified by the Provider.
12. TERMINATION OF USE OF THE APPLICATION
12.1 The Recipient is entitled to terminate the use of the Application at any time. The Recipient may terminate the use of the Application by logging out of the Account and, if applicable, uninstalling the Application from their Device.
12.2 The Recipient acknowledges that after logging out of the Account and uninstalling the Application from their Device, if applicable, the Provider will continue to archive the Recipient’s Account for the purpose of making the Account available through the Application in the event of the Recipient using the Application again.
12.3 The Recipient shall be entitled, at its sole discretion and discretion, to request the Provider to delete the Account at any time. This request may be made by the Beneficiary via the email address:pomoc@wagenow.sk . The Provider shall not be liable for any damage caused by the deletion of the Account pursuant to this Article.
12.4 However, the deletion of the Account does not invalidate the Other Contracts, unless they are specifically terminated in accordance with the relevant contractual provisions, nor the rights and obligations arising therefrom.
13. CANCELLATION OF THE ACCOUNT AND TERMINATION OF THE CONTRACTUAL RELATIONSHIP
13.1 The Provider reserves the right to terminate the Beneficiary’s Account if, for any reason, the contractual relationship between the Provider and the Employer under which the provision of funds through WageNow™ to the Employer’s employees occurs is terminated. In such event, the Other Contracts shall also terminate as of the date the Beneficiary becomes aware of the termination of this Contract. However, termination of the Contracts pursuant to this paragraph shall not extinguish the rights and obligations of the parties that accrued prior to termination and the Recipient shall be obligated to satisfy all WageNow™ obligations no later than the Maturity Date.
13.2 The Provider and the Recipient shall be entitled to terminate the Other Contracts in writing without assigning any reason. Termination shall be delivered electronically in pdfformat to the email address of the other party, unless otherwise agreed. The period of notice shall be two months for the Provider and one month for the Recipient. The period of notice shall begin on the day following the next due date after delivery of the notice to the other Party. On the first day of the notice period, the Provider shall cease the ability to draw funds through WageNow™. In the event that prior to the termination the Recipient has been provided with funds through WageNow™ but has not yet received a refund of the WageNow™ Cash Value, the notice period shall end and the Other Contracts shall terminate after the Maturity Date upon the return of all funds provided through WageNow™ to the Provider pursuant to Article 9.1 of these GTC, unless otherwise agreed.
14. PRIVACY POLICY
14.1 By creating an Account and using the Application, the Recipient provides the Provider with data, which the Provider processes to the extent, in a manner and for the purposes that are in accordance with the provisions of the Regulation and the Personal Data Protection Act, the Recipient’s Personal Data is processed by the Provider, in particular for the purposes of (i) Identification and verification of the Recipient’s identity, (ii) Use of the Application and related processing of Applications, (iii) Communication with the Recipient and resolution of Complaints and Complaints, (iv) Fraud control and prevention, (v) Enhancement of the Application, (vi) Provider’s dispute resolution, (vii) Direct marketing, (viii) Recipient’s dispute resolution within the scope of the consent granted, (ix) Activities related to the fulfillment of the Provider’s archiving obligations.
14.2 Further information on the processing of personal data by the Provider is published on the Website in the “Privacy Policy” section and in the Application.
15. ALTERNATIVE DISPUTE RESOLUTION
15.1 If the Recipient is not satisfied with the manner in which the Provider has dealt with his/her complaint, grievance or Complaint, or if the Recipient believes that the Provider has violated his/her rights, the Recipient has the right to request redress from the Provider via the email address .pomoc@wagenow.sk
15.2 If the Provider has responded to the Recipient’s request under Article 15.1 of these GTC in a negative manner or if the Provider does not respond to the Recipient’s request within 30 days from the date of its dispatch by the Recipient, the Recipient shall have the right to submit a proposal to initiate an alternative dispute resolution to an alternative dispute resolution entity within the meaning of Section 12 of Act No. 391/2015 Coll. on Alternative Dispute Resolution of Consumer Disputes and on Amendments and Additions to Certain Acts, as amended.
15.3 The entity competent for alternative dispute resolution with the Provider is the Consumer Protection Society (S.O.S)Poprad, Bajkalská 2335/3, 058 01 Poprad, or another competent person registered in the list of alternative dispute resolution entities maintained by the Ministry of Economy of the Slovak Republic (the list of authorised entities for alternative dispute resolution of consumer disputes is available on the website: https://www.mhsr.sk/obchod/ochrana-spotrebitela/alternativne-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1). If several entities are competent for alternative dispute resolution, the Beneficiary is entitled to choose the alternative dispute resolution entity.
15.4 The Beneficiary is entitled to use the online dispute resolution platform available at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage to submit a proposal for alternative dispute resolution.
16. FINAL PROVISIONS
16.1 The Provider publishes the GTC on the Website and in the Application.
16.2 The Provider is entitled to unilaterally change, update or supplement these GTC at any time, in particular due to changes in the Application, due to the Provider’s operational needs, due to the Provider’s business decisions or due to legislative changes, whereby the validity and effectiveness of the update, change or supplement of the GTC does not require the prior or subsequent consent of the Recipient. The Provider shall notify the Recipient of the update, amendment or supplement to these GTC prior to the entry into force of such change to the GTC by displaying the relevant message on the Website and/or the Application and/or by sending a notice of the change to the GTC to the email address of the Recipient provided by the Recipient when registering the Account. By this procedure, the Provider’s notification obligation towards the Provider is deemed to be fulfilled.
16.3 If any provision of these GTC is found to be invalid or ineffective, such invalidity or ineffectiveness shall not result in the invalidity or ineffectiveness of the other provisions of the GTC.
16.4 These GTC shall come into force and effect on [-].