Terms of Use

The last update is in effect from 1. 9. 2019

By registering and confirming these Terms and Conditions, the Service and the License Agreement is signed in accordance with these Terms and Conditions and the Privacy Policy. If you do not agree with the terms and conditions or policies, you should neither create a registration nor use the service.

Within the framework of the provision of services, personal data are processed within the meaning of General Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of personal data (hereinafter referred to as "GDRP"), these terms conditions in the Article 6 hereof therefore also contain the provisions of the Agreement on the processing of personal data. At the same time, the Agreement on the processing of personal data is concluded by the registration.

1. Glossary of terms

1.1.

Services mean receiving messages (reports) via the Internet form from third parties and their subsequent saving in an application operated by FaceUp (hereinafter referred to as FaceUp application”) and making them available to the User via the Profile.

1.2.

The Internet form for receiving messages (reports) is accessible through www.faceup.com (the “Website”) or a mobile application that can be downloaded through Google Play or App Store.

1.3.

A User, who is interested in using the Services, creates a profile by registering at the Website. The profile is accessible from the website after entering the User access data.

1.4.

Registration and creation of a Profile is a necessary condition for the provision of Services.

1.5.

The user may be a school or school facility with its registered office or place of education or school services in the Czech Republic. Within the meaning of GDPR, the User is the Controller of personal data within the scope of using the Services.

1.6.

These services are provided by FaceUp Technology, s.r.o., Business ID: 06142630, with its registered office at Údolní 567/33, 602 00 Brno (hereinafter referred to as “FaceUp”). Within the meaning of GDPR, the Controller of personal data within the scope of the provision of the Services for the User also is the personal data processor.

2. Introductory provisions

2.1.

FaceUp operates the website www.faceup.com (the “Website”) and the "FaceUp" mobile app on Google Play or App Store. (the "mobile app"). Through this website and mobile application, FaceUp provides the Services.

2.2.

The User uses the Services through his Profile. When creating a Profile, the user is required to provide true and complete information. The handling of personal data provided by the User during the registration is governed by the Privacy Policy.

3. License

3.1.

The application is a copyright work within the meaning of the Copyright Act and FaceUp executes property rights to it.

3.2.

FaceUp grants the User, who registers at the Website thus creating his Profile, a Personal, non-transferable, non-exclusive license to use the Services. The license is granted for the duration of the Profile.

3.3.

The use of the mobile app is also governed by the terms of the respective platforms (Google Play and App Store)

3.4.

The license fee is included in the price of the service.

3.5.

An authorization to use the graphic elements of websites or mobile applications by reproducing, distribution and disclosure to the public is not subject of this licence. The User is not entitled to modify the work and create derivative works.

3.6.

The license may not be assigned or sublicensed, not even partially. The User shall not provide the Services in any other way for use by third parties except for his employees and collaborators.

3.7.

The Services may not be used in a manner that would violate FaceUp's rights and legitimate interests.

3.8.

The license expires upon cancellation of the Profile.

3.9.

The User does not have any rights in connection with the Provider's trademarks.

3.10.

It is not allowed to remove or change any markings, logos, name and data from the documents provided to the User.

4. Rights and obligations of users

4.1.

Upon successful completion of the Registration, the User acquires his Profile. Only authorized staff of the User can access the Profile after entering the user name and password. The User is obliged to instruct these authorized personnel about the principles of confidentiality and security of access data handling. Through the Profile, the User can then make adjustments to the entered data and have access to all reports that will be entered by a third party in the Internet form on www.faceup.com and in which the User is identified as the school or school legal entity affected by the reports.

4.2.

The Profile will be deleted at the User's request. The Profile will also be deleted upon the expiry of three years after the last activity on the Profile. In such a case, FaceUp will warn the User in advance that the Profile will be deleted and allow to extend its use.

4.3.

FaceUp is entitled to cancel the Profile or otherwise prevent use that may be reasonably believed to be in breach of the Terms or otherwise in the event of using the Services in violation of generally applicable law, morality and generally accepted ethical and moral principles and generally accepted rules of the use of the services provided through the Internet or even to commit or facilitate crime or other offenses.

4.4.

The User shall send a request for cancellation of the Profile to the following e-mail address: info@faceup.com.

4.5.

The User is not entitled to any compensation in connection with the cancellation of the Profile.

5. Responsibility of FaceUp

5.1.

FaceUp it is responsible for ensuring that the Service meets the conditions stated at the website, i.e. That report regarding bullying or other harmful phenomena at schools or school facilities are obtained through the Service, that obtaining the report and its processing are absolutely confidential and that the whole process is safeguarded against an unauthorized interference or report disclosure and that each sent report is forwarded to the school or school facility to which it relates.

5.2.

FaceUp shall not be liable for defects or damages or loss of data caused by the use of the Services or its outputs, if caused by the user, third parties or obstacles arising without FaceUp's fault, in particular for defects or damages caused by improper use of the Services or use in contradiction with FaceUp instructions, insufficient safeguarding of the local network of the user or his computers, or hacker attack or other similar external intervention, or due to the loss of access data by the User.

5.3.

FaceUp is committed to ensuring the functionality of the website, but is not responsible for the availability of the website and mobile applications at any time and place that is dependent on third party devices and services.

5.4.

The User acknowledges that links to other websites may be placed at the website, and FaceUp is not responsible for the content or availability of those other websites. The information provided on these other sites does not represent the opinion of FaceUp.

5.5.

The User acknowledges that FaceUp is not responsible for any solution of the issues written in the report by a third party. It is only the duty of FaceUp to forward this report to the User.

6. Processing of personal data in the FaceUp application

6.1.

The processing of personal data in the FaceUp application is carried out in full compliance with General Regulation of the European Parliament and of the Council (EU) 2016/679, on the protection of personal data (hereinafter referred to as “GDRP”) and further in accordance with the Act No. 110/2019 Coll. On personal data processing.

6.2.

The user is the controller of the personal data of his employees and pupils, which are processed in the FaceUp application.

6.3.

FaceUp then in the FaceUp application processes personal data, for which the User is the controller, collects personal data in the reports entered by a third party in the Internet form on www.faceup.com website and, in which the User is identified as the affected school of educational legal entity, encrypts these data and passes them to the User in an encrypted form together with the report. Therefore, within the scope of the described activity FaceUp is a personal data processor in the sense of GDPR.

6.4.

FaceUp further processes the personal data of the User or the persons representing the User, to the extent necessary for the performance of the Agreement - provision of Services.

6.5.

The subject of Personal Data processing shall not, in principle, include personal data of special categories within the meaning of Articles 9 and 10 of GDPR (hereinafter referred to as "Sensitive Data"), but FaceUp cannot prevent such data from being entered by a third party in the report and within the report these data will be submitted to the User.

6.6.

The processing of personal data within the meaning of this Agreement means:

a)

gathering: receiving messages (reports) via the form at the website

b)

processing: their encryption.

c)

making it accessible to the User: saving the report in the User's personal profile

d)

storage: storing reports, including personal data in the User Profile, until cleared by the User, at the latest for the duration of the User Profile.

e)

If the User orders a psychologist counselling service from FaceUp, he will make the FaceUp report including personal data available to the psychologist, who is obliged to maintain confidentiality of all facts he learns in relation to counselling in FaceUp

f)

liquidation (deletion or anonymization) of personal data stored in the Profile using automated, exceptionally manual means.

6.7.

The scope of the processing of personal data corresponds to its purpose, i.e. to make available reports entered by third parties in the form at the website designed to report bullying or other harmful behaviour at the school or school facility operated by the User, to whom the report is addressed.

6.8.

When using the Services, the User as a personal data controller is obliged to:

a)

Make sure that personal data are collected and further processed on the basis of the relevant legal title

b)

take appropriate measures to provide potential data subjects (his pupils) with all the information required by GDPR in a concise, transparent, understandable and easily accessible way, using clear and simple language means; information regarding the processing of personal data in the FaceUp application is available at www.faceup.com/privacy-policy.

6.9.

In performing this Agreement, FaceUp shall:

a)

process personal data only in accordance with the agreed terms of the Services, or on the basis of further instructions from the User,

b)

take into account the nature of the processing of personal data and to assist the Client in fulfilling its obligation as a personal data controller, to respond to requests for the exercise of the rights of the data subject as well as to fulfil other obligations under GDPR,

c)

Make sure that systems for automated processing of personal data are used only by authorized persons, who will only have access to personal data corresponding to those persons' rights, on the basis of special user authorizations established exclusively for such persons,

d)

Make sure that authorized personnel process personal data in accordance with the terms of the Services and that they maintain complete confidentiality regarding processed personal data as well as security measures, the disclosure of which would compromise the security of personal data, even after the processing of personal data

e)

provide the User, upon request, with all information necessary to demonstrate that all obligations under the GDPR have been fulfilled,

f)

take all other measures not mentioned above for the protection of personal data within the meaning of Article 32 of the GDPR.

6.10.

In connection with the Services, both FaceUp and the User shall:

a)

introduce technical, organizational, personnel and other appropriate measures within the meaning of the GDPR to ensure and be able to demonstrate at any time that the processing of personal data is carried out in accordance with GDPR and other relevant legislation so that no unauthorized or accidental access to personal data and to data carriers containing such data for their alteration, destruction or loss of unauthorized transmissions, for other unauthorized processing as well as other misuse can happen, and review and update these measures as necessary,

b)

keep and continuously review and update records of personal data processing activities in terms of GDPR,

c)

properly and timely report any breaches of Personal Data security to the Office for Personal Data Protection and cooperate with this Office to the extent necessary;

d)

inform each other of all circumstances relevant to the use of the Services,

e)

maintain the confidentiality of personal data and security measures, the disclosure of which would compromise the security of personal data, even after the termination of this Agreement;

f)

comply with other requirements of GDPR and applicable laws, in particular to comply with the general principles of personal data processing, fulfil its information obligations, not to transfer Personal Data to third parties without the necessary authorization, respect the rights of data subjects and provide each other with necessary cooperation in this context.

7. Final Provisions

7.1.

By registering, i.e. creating a Profile, the Service Agreement is concluded between the Provider and the user. The terms and conditions of the Agreement shall be in the version in force on the date of the Profile creation, as amended. The Agreement is concluded for the duration of the Profile and terminates with the termination of the Profile or the termination of the User or FaceUp without a legal successor.

7.2.

The creation of the Profile also creates the agreement on processing of personal data between the Operator and the user, whereas the content of the Agreement consists of the relevant provisions of Article 6. of these Conditions and the Privacy Policy. The Agreement is concluded for the duration of the Profile and is terminated with the termination of the Profile or the termination of the User or FaceUp without a legal successor.

7.3.

If any part of these Terms is invalid, this shall not affect the validity of the other arrangements.

7.4.

Contractual relations arising in connection with or on the basis of the agreement for the provision of services or an agreement on the processing of personal data between the Provider and the User are governed by Czech law, in particular the Civil Code and Copyright Act and European Parliament and Council Regulation (EU) 2016/679, the general regulation on the personal data protection.

7.5.

In the event of a dispute arising in connection with or based on these Terms and Conditions, the District Court, the Municipal Court in Brno will have jurisdiction to resolve the dispute. If the regional court is competent to hear the dispute, the dispute between the parties will be decided by the Regional Court in Brno.

7.6.

FaceUp may unilaterally change or supplement the wording of the Terms and Conditions. FaceUp informs the User about a change of the Terms and Conditions via e-mail or other suitable way so that the User can get acquainted with the current wording of the Terms and Conditions without inappropriate difficulties. The Terms come into effect as soon as they are published on the Website. If the user does not wish to be bound by the Terms and Conditions as amended, he has the right to refuse the change and terminate the provision of services with 14 days' notice from its delivery to FaceUp. The user terminates the provision of services via e-mail sent to FaceUp at info@faceup.com . At the end of the notice period, FaceUp will cancel the User´s Profile. If the User does not cancel his Profile by sending a notice within 14 days of the announcement of a change to the Terms and Conditions, the User is deemed to agree to the new Terms and Conditions.

7.7.

Also the legal relationships established before the effective date of the new Terms and Conditions shall be governed by the amended Terms and Conditions under the paragraph 5, but the emergence of rights and obligations that occurred before the effective date of changes to the Terms Conditions shall be assessed according to the existing wording of the Terms and Conditions.