Rules for personal data are: General Terms and Conditions for the use of the services available through the website www.izrodopite.com (effective from 23.05.2018)
Please read the General Terms and Conditions for the use of the Services available through the website www.izrodopite.com. By clicking on a virtual button in connection with the use of the services on www.izrodopite.com, it is automatically considered that you are familiar with the General Terms and Conditions and undertake to comply with them. By using any functionality offered through the website www.izrodopite.com, you are also considered to be familiar with the General Terms and Conditions and undertake to comply with them.
This document contains the general terms and conditions for the use of the information resources, services, and products provided by Veselina and Georgi Kyuchukovi, as well as by “ET Iskra-Kulka Hadzhiyska” to the users of the website www.izrodopite.com and regulates the relations between “ET Iskra-Kulka Hadzhiyska”, Unified Identification Code (UIC) 822135439, with seat and management address: Oplchensko village, Kardzhali municipality, bl. Bistrets, fl. 4, ap. 30 (hereinafter referred to as “ET Iskra”) and each of the registered users of the Services available through the website www.izrodopite.com.
📜 GENERAL PROVISIONS
Definitions
Art. 1. In the application and interpretation of these General Terms and Conditions, the terms and expressions used shall have the following meaning:
- izrodopite.com is a website – virtual information resources on the Internet, owned by ET Iskra, which enable the use of various services, subject to these General Terms and Conditions.
- Electronic Link is a link indicated on a specific Internet page, which allows automated redirection to another Internet page, information resource, or object through standardized protocols.
- Malicious Actions are actions or inactions that violate Internet ethics or cause harm to persons connected to the Internet or associated networks, sending unsolicited mail (unsolicited commercial communications, SPAM, JUNK MAIL), channel flooding (FLOOD), gaining access to resources with foreign rights and passwords, using system flaws for personal gain or information retrieval (HACK), performing actions that can be qualified as industrial espionage or sabotage, damaging or destroying systems or information arrays (CRACK), sending “Trojan horses” or causing the installation of viruses or remote control systems, disturbing the normal operation of other Internet users and associated networks, performing any actions that may be qualified as a crime or administrative violation under Bulgarian legislation or other applicable law.
- Information System/System is any individual device or a set of interconnected or related devices, which, in the execution of a specific program, provides or one of the elements of which provides automatic data processing.
- Internet Page within the meaning of these General Terms and Conditions means a component and distinct part of a website.
- IP Address (“IP address”) is a unique identification number associating a computer or other device, Internet page, or resource of the User, in a way that allows their localization in the global Internet network.
- Contextual and Behavioral Analysis – approaches based on automated analysis that does not allow for the personalization of users of (i) the content of Internet pages loaded (currently or previously) by the User; and/or (ii) information about the domains of third parties who have sent an electronic message (e-mail) to a User, received in their User Profile; and/or (iii) metadata from the User’s User Profile, subject, and text of the message.
- Mobile Version of the Service – a modified version of a service provided by ET Iskra, enabling subscribers and users of mobile networks to have easier access and use part of the services, subject to these General Terms and Conditions, by using internet access and data transfer services provided by the respective mobile operators through mobile networks.
- User is any User who does not meet the criteria for a Registered User.
- “ET Iskra-Kulka Hadzhiyska” (ET Iskra) is the commercial company with UIC 822135439, with seat and management address: Oplchensko village, Kardzhali municipality, bl. Bistrets, fl. 4, ap. 30, tel. (+359) 885 056886.
- Password is a code of letters, numbers, and symbols chosen by the User, which, together with the Username, individualizes them and which, together with the Username, is used to access their User Profile.
- User is any person who uses the Services provided through izrodopite.com.
- Username is a unique code of letters, numbers, and symbols chosen by the User, through which they are individualized on www.izrodopite.com.
- User Profile is a distinct part of the website www.izrodopite.com, containing information about the User required by ET Iskra upon registration and stored at ET Iskra, with access to the User Profile by the User being carried out by entering a Username and Password. The User Profile allows the User to use certain Services for which access is restricted, to configure the use of the Services, to make suggestions for the inclusion of new Services, to terminate the use of the Services, to change their Password, etc.
- Purpose of Contextual and Behavioral Analysis is to determine linguistic dependencies, in particular – semantic analysis, PLSA, LDA, and others, based on non-personalized data and allowing the adaptation of the content of the Websites displayed to the User; displaying relevant search results; to prevent the receipt of unwanted electronic mail; for protection against malicious software; for displaying targeted advertising, etc.
- Registered User is any User who has created their own User Profile and registered to use the Services available through the website www.izrodopite.com, by creating a profile directly on izrodopite.com.
- Force Majeure is an unforeseen circumstance of an extraordinary nature at the time of concluding the contract, which makes the provision of the Services objectively impossible.
- Server is a device or a system of connected devices, on which or on one of which system software is installed to perform tasks related to storing, processing, receiving, or transmitting information.
- Website / Site (“website”) is a distinct location in the global Internet network, accessible through its unified address (URL) via HTTP, HTTPS, or other standardized protocol and containing files, programs, text, sound, picture, image, or other materials and resources.
- Services are the services provided through www.izrodopite.com to the Users via izrodopite.com.
Subject
Art. 2. ET Iskra provides the Users with the Services provided and described below, either free of charge or for a fee, in compliance with and strict adherence by the User to these General Terms and Conditions, as well as to additional requirements for specific Services indicated on the respective Internet pages on www.izrodopite.com.
The Services, subject to these General Terms and Conditions, provided by ET Iskra to the User, include a complex of resources and services, predetermined by ET Iskra as provided against registration, without registration (for unregistered users), or against registration and payment of a specific price, announced on the Internet pages of ET Iskra, depending on the mode of use chosen by the respective User.
ET Iskra may provide the User with the opportunity to use, through a mobile network to which they are a subscriber or user, a Mobile Version of the Service “www.izrodopite.com” or other Services subject to these General Terms and Conditions.
The provision of the Services and access to the resources does not include the provision of computer or other technical equipment and connectivity for the transfer of information packets between the User and the Internet page, necessary to access the system’s resources. ET Iskra is not responsible if the Subscriber cannot access due to problems beyond ET Iskra‘s control (hardware, software problem, Internet connectivity issue, software and/or hardware incompatibility, etc.), nor for the payment of fees due by the User to the access and transmission service providers.
Art. 3. Insofar as the Services provided by ET Iskra are diverse and constantly supplemented and modified with a view to their improvement and expansion, the number, characteristics of the provided Services, and their mode of provision (against registration, against registration and payment, or without registration) may be changed by ET Iskra at any time on this basis.
Art. 4.
- In order to use the Services provided by ET Iskra, the User: (i) may register in advance by filling in the corresponding electronic registration form, available in real-time (on-line) on the Internet at the Www.izrodopite.com page; (ii) Use their Username and Password from the profile they created in www.izrodopite.com when Www.izrodopite.com is used as an additional service; or (iii) Use the services of Www.izrodopite.com as a user and express agreement with these General Terms and Conditions, as well as consent for their personal data to be processed in connection with the Services provided by ET Iskra. In the case of registration of a minor (between 14 and 18 years old), the latter also declares the consent of their parents or guardians to the General Terms and Conditions. In cases of registration of a person under the age of 14, the declaration of consent to the General Terms and Conditions is done by a parent or guardian of the person.
- By checking the box “I agree with the General Terms and Conditions” and clicking the virtual button “Confirm”, the User makes an electronic statement within the meaning of the Electronic Document and Electronic Trust Services Act, by which they declare that they are familiar with these General Terms and Conditions, accept them, and undertake to comply with them. Access for a User to the Services can only be achieved after giving consent to these general terms and conditions. By recording it on a suitable medium on the ET Iskra server through a generally accepted technical conversion standard that enables its reproduction, the electronic statement acquires the quality of an electronic document within the meaning of the cited law. ET Iskra may store the User‘s IP address in log files on its server, as well as any other information necessary to identify the User and reproduce their electronic statement accepting the General Terms and Conditions, in case of a legal dispute.
- Before making the statement under par. 2, the User can freely correct the information entered by them in the registration form. In this regard, you have the right at any subsequent moment to request the correction or updating of the information you initially entered. Data processed concerning unregistered users can be corrected, insofar as this is applicable.
- For the use of the paid Services provided by ET Iskra, besides the User‘s registration, payment of the corresponding price or subscription fee is also required in one of the ways indicated on the respective Internet page.
- By registering on Www.izrodopite.com and acquiring the status of “Registered User”, every User gains access to all Services offered by ET Iskra that require only registration and are available both through Www.izrodopite.com and through the website izrodopite.com, without the need to register separately on each of the two websites. Insofar as the Services from Www.izrodopite.com are used as additional services by Registered Users on Www.izrodopite.com, they must accept these General Terms and Conditions with a separate expression of will.
- When filling out the registration application on Www.izrodopite.com, the User, and in the cases of par. 1, last sentence, the parent or guardian of the User, is obliged to provide complete and truthful data regarding the identity (for natural persons), legal status (for legal entities), or other data required by the electronic form of ET Iskra, as well as to update them within 7 days of their change. The User guarantees that the data they provide during the registration process is true, complete, and accurate, and upon any change, they will update it promptly. In case of providing false data, ET Iskra has the right to terminate or suspend immediately and without notice the provision of the Services, as well as the maintenance of the User‘s registration. For more information on the rights and obligations regarding personal data, please read Section IV “Personal Data Protection”.
- The parents exercising parental rights, guardians, or custodians of a minor are responsible for all damages caused by the minor to ET Iskra and to third parties during the registration and use of the Services subject to these General Terms and Conditions, as well as for all damages resulting from the provision of false data or the untruthfulness of the declaration under par. 1, last sentence.
Username and Password
Art. 5.
- During registration, the User specifies a Username and a Password for access to the Services available through the website Www.izrodopite.com. If the Username is not already taken, the User receives the Username and Password they requested. In case the chosen Username is already taken, the User must choose another one that is unique and has not been registered by another User.
- The Username with which a User is registered on Www.izrodopite.com gives them no other rights except the right of the first person to request the specific Username within the information system of ET Iskra for the term of the agreement. ET Iskra does not verify and is not responsible for the truthfulness of the Username, whether it affects the rights of third parties, and in particular the right to a name or other personal rights, the right to a trade name (company name), the right to a registered trademark, or other intellectual property rights.
- The User is obliged to take all care and the necessary measures that are reasonably required to protect their Password, as well as not to disclose their Password and the answer to the secret question to third parties, and to immediately notify ET Iskra in case of unauthorized access, as well as in case of a possibility of such. The User bears full responsibility for the protection of their Password, as well as for all actions performed by them or by a third party using the Password.
- For greater protection, ET Iskra recommends that its users make efforts to ensure that the password they create is sufficiently unique or complex to prevent easy recognition by malicious third parties. ET Iskra also recommends that its users periodically change their password every 3 (three) months, and that the new password does not coincide with the previous three used by the user earlier during this period.
- ET Iskra under no circumstances sends electronic or any other letters to its users containing a request for the provision of a Username and Password for access to Www.izrodopite.com.
- ET Iskra is aware that the Username and Password can lead to the direct or indirect identification of the respective user. In this regard, this data will be treated as “personal data” in the manner described in Section IV “Personal Data Protection”. This applies both to User Profiles created specifically for the service “Www.izrodopite.com” and to users who access the service “Www.izrodopite.com” through their User Profiles created for izrodopite.com.
Conclusion of the Contract
Art. 6.
- The contract between the parties takes effect from the moment of reaching an agreement, objectified in the manner specified in Art. 4, par. 2. The contract is concluded in Bulgarian. By accepting these General Terms and Conditions, the User agrees that communication with them may also be carried out via fax and electronic mail.
- After concluding the contract with a User, ET Iskra immediately confirms the receipt of the statement under Art. 4, par. 2 by sending a message to the User‘s newly created email inbox, which contains the name, management address, and correspondence details of ET Iskra and an Electronic Link to the text of these General Terms and Conditions. Upon concluding the contract with a User, ET Iskra records the statement of will of the respective user for agreement with these General Terms and Conditions.
- In cases where the use of a specific service on the respective Internet page requires payment of a specific price, the User makes a specific request for activation of the respective service from ET Iskra on the basis of the contract concluded between the parties.
- All rights and obligations provided for in these General Terms and Conditions arise for the parties regarding the requests. The specific conditions for the provision of each paid service are described on the respective Internet page on Www.izrodopite.com.
- A User who is not a trader has the right, without owing compensation or penalty and without stating a reason, to withdraw from the individual contract concluded in connection with a specific request within a period of 7 (seven) working days from its conclusion, in accordance with the requirements of the Consumer Protection Act. ET Iskra refunds the amount paid by the User for the activation of the respective paid service in full within 30 (thirty) days from the date on which the latter exercised their right under this paragraph.
- In the event of a dispute as to which person expressed the will to be bound by the text of the General Terms and Conditions, the party to it shall be considered the person who paid the price/subscription fee for the use of the respective service.
Scope of Application
Art. 7. These General Terms and Conditions do not apply to Services for which there are separate rules.
Amendment of the General Terms and Conditions
Art. 8.
- Insofar as the Services provided by ET Iskra are diverse and constantly supplemented and modified with a view to their improvement and expansion, as well as in connection with legislative changes, the General Terms and Conditions may be unilaterally amended by ET Iskra.
- When making changes to these General Terms and Conditions, ET Iskra brings the changes made to the User‘s attention by publishing them on Www.izrodopite.com and/or by publishing a notice in the User‘s User Profile regarding the amendment of the General Terms and Conditions, containing the text of the amendments or an Electronic Link to the Internet page where the amended General Terms and Conditions are located. ET Iskra provides the User with a period of 7 days to familiarize themselves with the changes to the General Terms and Conditions.
- If the User does not state that they reject the changes within the period under par. 2, they shall be deemed bound by them. A User expresses their disagreement with the change to these General Terms and Conditions by discontinuing the use of the Services or through an explicit statement of will.
- If the User states that they reject the changes, the contract under Art. 6 shall be deemed terminated within 1 (one) month from the receipt of the statement of rejection.
⚙️ SERVICES PROVIDED. CONDITIONS FOR ACCESS TO THE SERVICES PROVIDED.
Services Provided Through Www.izrodopite.com
Services for Registered Users Provided Through Www.izrodopite.com
Art. 9
- The Services for Registered Users provided through Www.izrodopite.com are Services that do not require registration on Www.izrodopite.com or, use the Username and Password from Www.izrodopite.com.
- The services under the preceding paragraph consist of providing the User with the possibility of storing files on ET Iskra servers through their User Profile, as well as the possibility for the User to make the files stored in this way accessible to other persons. The disk space provided to the User for file storage is limited, and ET Iskra reserves the right to change the size of this limitation without notice.
- Files stored by a User through their User Profile, as long as they are not deleted by the User themselves, are kept on ET Iskra‘s servers and are accessible to the User and to the persons with whom they are shared, for the term of the contract between the User and ET Iskra, with the exception of the cases expressly provided for in these General Terms and Conditions.
- The User can make the files they have stored in their User Profile accessible to other persons and terminate the access of such persons, through the sharing and termination of sharing functions available through their User Profile.
- The person with whom a specific file is shared in the manner described in par. 4 above has the possibility to download it to their disk space.
Services for Unregistered Users Provided Through Www.izrodopite.com
Art. 10. Prices and Payment Methods
- The prices for obtaining access to the paid Services are announced on the respective Internet page of Www.izrodopite.com and are subject to updating by ET Iskra. The indicated amount of the prices includes the due value-added tax /if such is due/. A subsequent change in prices does not affect the rights of a User who has already prepaid a certain time for access to the Services.
- The User can pay the price of the service on-site or through cash on delivery to a courier company.
- The price of the service can be paid by the User or by a third party.
🤝 III. RIGHTS AND OBLIGATIONS OF THE PARTIES
Rights and Obligations of ET Iskra
Art. 11. ET Iskra undertakes to exercise due care to provide the User with the opportunity for normal use of the Services subject to these General Terms and Conditions.
- ET Iskra is not obligated and does not have the objective possibility to control the way the User uses the provided Services, nor to check, monitor, or record the information, messages, and other materials that the User uploads, places, uses, distributes, or makes known to third parties in any way.
- ET Iskra has the right to deactivate or delete the Username and Password for access to the User Profile of the User or to delete all content in it if they are not used for a period of 180 (one hundred and eighty) days after the last login to the respective User Profile.
- (amended, effective from 23.05.2018) ET Iskra has the right to deactivate or delete the Username and Password for access to the User Profile of the User also in case the User violates the intellectual property rights of ET Iskra over the elements contained on the website Www.izrodopite.com – objects of intellectual property.
Art. 12.
- ET Iskra has the right (but not the obligation) to install cookies on the User‘s computers – small text files that are saved by the Internet page through the Internet server on the User‘s hard drive and enable the retrieval of information about the User by identifying them and tracking their actions. Cookies installed by ET Iskra are used for optimization and ensuring full and quality use of the functionalities of the respective Website owned by ET Iskra, including for increasing security, recognizing User preferences, data analysis, displaying personalized content, advertising goods and services that are of interest to the User, saving settings, monitoring, for using the methods of Contextual and Behavioral Analysis, etc., with the aim of satisfying the widest possible range of consumer needs and requirements. Cookies may also be installed by third parties for the purpose of advertising goods and services that are of interest to the User during their visit to the website Www.izrodopite.com. In cases where cookies are installed by Google Inc. when providing the AdSense service, additional information about this possibility, as well as the User‘s right to refuse to provide information to Google Inc., can be found here. Users can refuse the storage and/or access to selected cookies by changing their browser settings. Users should be aware that by restricting the cookies they allow, ET Iskra may be deprived of the opportunity to provide the full range of functionalities of the respective Website owned by it. Notwithstanding the foregoing, Users agree that some types of cookies are mandatory for the proper functioning of the respective Website and do not have the option to refuse their storage and/or access, except by discontinuing the use of the Services. Cookies may constitute personal data, and therefore will be treated in accordance with the rules for the processing of personal data by ET Iskra.
- ET Iskra may place Electronic Links to other Internet pages and resources and advertising banners on Www.izrodopite.com, for the sale of goods and the provision of services by ET Iskra and third parties, including using the methods of Contextual and Behavioral Analysis for the purposes of targeted advertising, which constitutes profiling within the meaning of the General Data Protection Regulation (Regulation 2016/679). ET Iskra reserves the right, when providing the Services from Www.izrodopite.com, to place at the attention of both the Registered User and the User or attach to the text of their message and the Internet page itself Electronic Links and advertising banners pointing to websites owned by ET Iskra or those outside the control of ET Iskra, including under the terms of Contextual and Behavioral Analysis. By accepting these General Terms and Conditions, the User agrees to have Electronic Links and advertising banners placed at their attention, including using the methods of Contextual and Behavioral Analysis.
- ET Iskra has the right to send unsolicited commercial communications to the Registered User, and where possible, also to the User, in order to offer information and advertisements regarding its own or goods and/or services offered by other commercial companies, to make inquiries on various issues, to conduct surveys, and others, including with the application of Contextual and Behavioral Analysis for better targeting of the messages. By accepting these General Terms and Conditions, the User agrees to receive unsolicited commercial communications from ET Iskra. The User has the right to opt out of receiving these communications and the use of their data for the purposes of direct marketing at any time by using the corresponding virtual button.
- ET Iskra has no obligation to monitor the information stored, transmitted, or made accessible during the provision of the Services subject to these General Terms and Conditions, nor to search for facts and circumstances indicating the commission of unlawful activity by the User, through the use of the Services or by third parties to whom the User has given access to the files stored by them on ET Iskra‘s servers.
- ET Iskra has the right to aggregate anonymized data from the application of Contextual and Behavioral Analysis for third parties, with the aim of improving the relevance of the advertisements served to Users. The choice of suitable technical means for using the information is made by ET Iskra, applying good industry practices for preserving the integrity of the information and ensuring its rapid transfer. ET Iskra aggregates this information for third parties in a manner and volume that do not allow third parties to disclose the identity of individual Users and do not jeopardize their security. The anonymized data cannot be linked to a specific person and thus lead to their direct and/or indirect identification. ET Iskra acts with the will of a correct service provider to the Internet community and does not provide processed data to third parties when the array of this data is small enough and could allow the disclosure of the digital identity of a User. In case ET Iskra provides individual data about a User to third parties, this can only be done with the explicit consent of the latter, which consent must be obtained separately.
Art. 13.
- ET Iskra has the right, but not the obligation, at its discretion and without prior warning, to suspend access to and/or remove files stored by Users on ET Iskra servers, when the content of the same contradicts the requirements provided for in these General Terms and Conditions and/or, at ET Iskra‘s discretion – mandatory norms of the law, insofar as ET Iskra has the possibility to establish this.
Rights and Obligations of the User
Art. 14. (amended, effective from 23.05.2018) The User has the right to access the Services provided through Www.izrodopite.com, subject to the conditions and access requirements determined by ET Iskra for each type of service.
Art. 15. The User has the right to access and correct their personal data provided during registration in on-line mode. The User also has other rights in connection with the processing of personal data, which are described in detail in these general terms and conditions, as well as in the information provided in connection with Art. 13 of the General Data Protection Regulation (Regulation EU 2016/679). The User also has the right to access and correct their personal data in on-line mode, insofar as this is possible, as well as the other rights in connection with the processing of personal data.
Art. 16. The User agrees to adhere to the conditions determined by ET Iskra in connection with the specifics of the Services regarding the type of provision mode, as well as regarding any other line of conduct adopted by ET Iskra and intended to protect or improve the quality and reliability of the Services.
Art. 17. The User independently provides the computer equipment and Internet access necessary for the use of the Services provided by ET Iskra.
Art. 18.
- The intellectual property rights over all materials and resources located on the website Www.izrodopite.com (including the available databases) are subject to protection under the Copyright and Related Rights Act, belong to ET Iskra or to the respectively indicated person who has transferred the right of use to ET Iskra, and cannot be used in violation of the current legislation.
- The User‘s right of access does not include the right to copy or reproduce information and to use objects of intellectual property, unless it concerns information insignificant in volume, intended for personal use, provided that the legitimate interests of the authors or other holders of intellectual property rights are not unreasonably prejudiced and in case the copying or reproduction is done for non-commercial purposes. Notwithstanding the above, the User has no right to remove the signs for commercial trademark and ownership of another intellectual property right from the materials accessible to them, regardless of whether the holder of the respective rights is ET Iskra or a third party.
- In case of copying or reproduction of information outside the permissible scope, according to the preceding paragraph, as well as in any other violation of the intellectual property rights over ET Iskra‘s resources, the User owes ET Iskra a penalty in the amount of 3,000 (three thousand) Bulgarian Levs for each separate violation. The indicated amount of the penalty does not deprive ET Iskra of the right to claim compensation for greater damages exceeding the amount of the penalty.
- The User undertakes, when using the Services provided by ET Iskra, not to upload, store on the ET Iskra server, distribute, or use in any way, and not to make known to third parties information, data, text, sound, files, software, music, photographs, graphics, video or audio materials, messages, as well as any other materials:
- Contradicting Bulgarian legislation, applicable foreign laws, these General Terms and Conditions, Internet ethics, moral rules, and good morals;
- Containing a threat to human life and bodily integrity;
- With pornographic content or any other content that jeopardizes the normal mental development of minors or violates moral standards and good practice;
- which are subject to a third party’s intellectual property right, except with the consent of the right holder;
- violating any property or non-property rights or legitimate interests of third parties.
- In case of non-compliance with the requirements of par. 4, ET Iskra has the right to immediately and without prior warning suspend the access of the User and third parties to the respective information or materials, as well as the right to compensation for all sustained damages and lost profits that are a direct and immediate consequence of the User‘s non-fulfillment of the obligations under the preceding paragraph. In these cases, ET Iskra has the right to notify the competent state authorities to establish the respective violation.
Art. 19. Every User undertakes, when using the Services provided by ET Iskra:
- to comply with Bulgarian legislation, applicable foreign laws, these General Terms and Conditions, Internet ethics, moral rules, and good practice;
- not to harm the good name of others and not to call for a violent change of the constitutionally established order, for the commission of a crime, for violence against a person, or for inciting racial, national, ethnic, or religious hatred, not to preach fascist or other anti-democratic ideology, not to violate foreign property or non-property rights, including intellectual property rights;
- to immediately notify ET Iskra of any case of committed or discovered violation when using the provided Services;
- not to interfere with the proper operation of the system, including, but not limited to, not obstructing the identification procedure of another User, not accessing beyond what is provided, not impairing or hindering the availability, reliability, or quality of the Services with respect to other Users, and not using the service in a way that causes a “denial of service”;
- not to extract, through technical means or in a technical manner, information resources or parts of information resources belonging to the databases located on the Www.izrodopite.com website and thereby not to create their own database in electronic or other form;
- not to impersonate another person, or otherwise mislead third parties about their identity or affiliation with a particular group of people;
- not to commit malicious actions within the meaning of these General Terms and Conditions.
Art. 20. Except when explicitly agreed, the User cannot reproduce, modify, delete, publish, distribute, or otherwise disclose the information resources published on the Www.izrodopite.com websites.
🛡️ IV. RESPONSIBILITY. LIMITATION OF LIABILITY
Art. 21.
- ET Iskra takes care to ensure that the information on Www.izrodopite.com is always maintained as accurate and up-to-date, but does not guarantee the authenticity and completeness of the content and does not commit to deadlines for updating the information, unless otherwise stated on the Www.izrodopite.com website. ET Iskra is not obligated and does not guarantee that the provided Services will meet the User‘s requirements, nor that they will be uninterrupted, timely, or secure. By accepting these General Terms and Conditions, the User declares that the use of the provided service will be entirely at their own risk and responsibility, and the parties agree that ET Iskra is not liable for any damages potentially caused to the User when using the provided service, unless they are caused by ET Iskra intentionally or through gross negligence. ET Iskra is not responsible for damaged and/or deleted files that were uploaded by the User through the Www.izrodopite.com Services, for reasons for which ET Iskra is not responsible.
- ET Iskra is not liable for damages caused to software, hardware, or telecommunication equipment, or for data loss, resulting from materials or resources searched, loaded, or used in any way through the provided Services.
- ET Iskra is not liable for damages inflicted on third parties by the User when sharing files that contain malicious software and/or otherwise damage the software or hardware of third parties when the User shares access to these files with third parties.
- ET Iskra is not liable for the content of the information stored on its server by the User and for the unlawful actions committed through it when using the Services provided via Www.izrodopite.com, nor for the resulting damages to other persons upon access or use of this information, provided to them by the User.
Art. 22.
- Insofar as it does not initiate the transmission and does not select the recipient of the information, nor does it select or modify the transmitted information, ET Iskra is not responsible for the content of the information transmitted through the Services provided by it, nor for the User‘s activity.
- Insofar as it does not have the objective possibility and obligation and does not control the Internet pages and resources made accessible through the Electronic Links and advertising banners placed on Www.izrodopite.com or through the use of the Services, ET Iskra is not liable for the unlawful nature of the content and materials located on these Internet pages and resources. ET Iskra is not liable for sustained damages and lost profits resulting from the use, access, or unreliability of these materials and content.
- ET Iskra is not liable for the availability and quality of goods and the content of services brought to the User‘s attention by publishing Electronic Links, advertising banners, and messages for the sale of goods and the provision of services by third parties on Www.izrodopite.com or in their User Profile (for Registered Users). Insofar as the actions of these third parties are not under the control of ET Iskra, the latter is not liable for the unlawful nature of the activity of the third parties or for the emergence, guarantee, performance, amendment, and termination of obligations and commitments undertaken in connection with the goods and services offered by the third parties, nor is it liable for sustained damages and lost profits resulting from these relations.
Art. 23.
- ET Iskra is not liable for the non-provision of the Services in the event of circumstances beyond its control – force majeure, fortuitous events, problems in the global Internet network and in the provision of services outside the control of ET Iskra, as well as in the case of unauthorized access or intervention by third parties in the operation of the information system or the server.
- (amended, effective from 23.05.2018) ET Iskra is not liable, with respect to the User and third parties, for sustained damages and lost profits resulting from the termination, suspension, modification, or restriction of the Services, the deletion, modification, loss, unreliability, inaccuracy, or incompleteness of messages, materials, or information transmitted, used, recorded, or made accessible through Www.izrodopite.com.
- (amended, effective from 23.05.2018) The parties accept that ET Iskra is not liable for the non-provision of the Services or their provision with degraded quality due to tests performed by ET Iskra for the purpose of checking equipment, connections, networks, and others, as well as tests aimed at improving or optimizing the provided Services. In these cases, ET Iskra informs the User in advance about the possible temporary non-provision, respectively the degraded quality of the Services, by publishing a notice on Www.izrodopite.com.
Art. 24.
- The User undertakes to indemnify ET Iskra for all damages caused as a result of the use of the provided Services by third parties to whom the latter has provided their Password in violation of these General Terms and Conditions.
🔒 V. PERSONAL DATA PROTECTION
Privacy Policy
Art. 25. (new, effective from 23.05.2018)
- “Personal data” means any information relating to an identified or identifiable natural person ( “data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
- The Controller is “ET Iskra” AD, UIC 822135439, with seat and management address: Oplchensko village, Kardzhali municipality, bl. Bistrets, fl. 4, ap. 30, tel. (+359) 885 056886.
- With regard to the information stored by the User on ET Iskra‘s servers through the Www.izrodopite.com Services, ET Iskra acts as a Processor, and the relations in this regard between the User and ET Iskra are governed by Section V of these General Terms and Conditions.
- You can contact ET Iskra regarding the processing of personal data in one of the following ways: by e-mail at the address specified in par. 3.
- ET Iskra processes your personal data on the basis of Art. 6, par. 1, “a” of the General Data Protection Regulation (Regulation 2016/679, hereinafter referred to as “GDPR”) – on the basis of your explicit, unambiguous, informed, and specific consent, which we ask you to give separately, on the basis of Art. 6, par. 1, “b”, GDPR – for the performance of this contract, and on the basis of Art. 6, par. 1, “e” – to pursue our legitimate interests.
- The purposes of the processing are as follows: (i) Provision of the Services through Www.izrodopite.com to the Users, namely the ability to place and store files on ET Iskra‘s servers up to a size specified in these General Terms and Conditions, as well as the ability to share these files with other persons; (ii) Performing profiling of users for the purpose of offering specific goods and services from third parties, including; (iii) for offering goods and/or services offered by other persons, for promotions, for targeted advertising, direct marketing, for organizing raffles, inquiries, surveys, for adapting the offered services to the User‘s preferences, for statistical and other purposes; (iv) Individualizing Registered Users of Www.izrodopite.com, as well as Unregistered Users (insofar as possible and applicable) and administering the relations with them; (v) Official purposes (accounting, establishing contact with a user, etc.).
- We do not use your data for the purposes of direct marketing – providing non-targeted banner, video, and other types of advertising.
- The personal data collected by ET Iskra may be disclosed to the following categories of third parties: (i) Competent state authorities, when requested in accordance with applicable laws and established procedure and after we ensure that these prerequisites are met; (ii) Our contractors, for the purpose of providing you with personalized commercial offers; (iii) Smart Ad Server, via API, which does not require human intervention; (iv) Upon activation of the options for targeting by gender and age for advertiser campaigns, the target groups are added manually by a banner administrator; (v) DFP (a Google tool), which allows the provision of personalized advertisements; (iv) Part of your data may be provided to third parties when you share access with these third parties to the files you store on ET Iskra‘s servers through the Www.izrodopite.com service; (v) Other metric tools that may be included as program code in the advertising messages. To avoid any doubt, ET Iskra only uses your data if you have given prior consent for this. The latter does not apply to age data, which ET Iskra uses to ensure that children do not receive inappropriate advertising.
- In connection with the processing of your personal data, you have the following rights:
- Right to information according to Art. 15 of the GDPR regarding your personal data that is being processed;
- Right to rectification and completion of data according to Art. 16 of the GDPR, if their content is incorrect or incomplete;
- Right to erasure of your personal data without undue delay, when one of the grounds for this specified in detail in Art. 17 of the GDPR is applicable;
- Right to restriction of processing, when one of the prerequisites specified in Art. 18 of the GDPR exists;
- Right to object under Art. 21 of the GDPR against the processing of your personal data, which objection arises from grounds related to your specific situation;
- Right to data portability, when one of the prerequisites specified in Art. 20 of the GDPR exists;
- You have the right to lodge a complaint with the competent supervisory authority regarding the processing of personal data, namely the Commission for Personal Data Protection.
- Insofar as the processing of your personal data is based solely on your consent, you have the right to withdraw it at any time. In this case, we will immediately cease the processing of your personal data that is based solely on your consent.
- ET Iskra stores your personal data for the term of the provision of the Services and deletes them within a reasonable period after the cessation of the provision of the Services, depending on the technical time required for this data to be erased.
- If the personal data necessary for creating a profile on Www.izrodopite.com is not provided, ET Iskra may not be able to provide the respective Services. You will be able to use part of the services on Www.izrodopite.com even without registration – as a User.
- Users should be aware that ET Iskra under no circumstances requests, collects, processes, stores, or transmits information containing personal data about them that (i) reveals racial or ethnic origin; (ii) reveals political, religious, or philosophical beliefs, membership in political parties or organizations, associations with religious, philosophical, political, or trade union purposes; or (iii) relates to health, sexual life, or the human genome, as well as other “special categories of data” within the meaning of the GDPR. Users should not disclose or publish such information when using the Services, and the eventual disclosure of such information by the Users could not engage the liability of ET Iskra in any way.
Art. 26. Processing of Information about Users
- ET Iskra exercises due care and is responsible for the protection of information about the User that became known to it in connection with the provision of the Services subject to these General Terms and Conditions, except in cases of force majeure, fortuitous event, or malicious actions of third parties.
- ET Iskra processes the personal data collected in this way lawfully and in good faith.
- In the registration form filled in by the User during registration, ET Iskra designates the mandatory or voluntary nature of providing the data and the consequences of refusing to provide them. By expressing consent to these General Terms and Conditions, the User agrees that the information about them will be processed in the manner provided therein. The User will also express their consent through a separate statement of will in accordance with the requirements of the GDPR.
- ET Iskra also collects data about Unregistered Users, such as IP addresses, which are necessary to ensure the transparency of the processing and the protection of the interests of ET Iskra and other third parties.
- The restrictions under par. 1 do not apply if the User or persons under their control have committed malicious actions within the meaning of these General Terms and Conditions or have violated the rights or legitimate interests of third parties. In this case, ET Iskra has the right to provide the User‘s personal information to the relevant competent state authorities in accordance with the current legislation.
- Users should be informed and agree that if they revoke their consent, or refuse to provide information constituting personal data, ET Iskra has the right to terminate their access to the Services.
Art. 27. Purposes for Which Information May Be Used
- Info collects and uses the information under Art. 27 for the purposes provided for in these General Terms and Conditions, as well as for offering new goods and/or services to the User (free or paid), for offering goods and/or services offered by other persons, for promotions, for adapting the offered services to the User‘s preferences, for statistical and other purposes. The described purposes for which the information is used are exhaustively listed. If ET Iskra needs to use this personal data for other purposes, your consent will be requested separately.
- By accepting these General Terms and Conditions, the User agrees to the processing of their personal data for the purposes of direct marketing. The User has the right to object to the processing of their personal data for the purposes of direct marketing by sending a written message to ET Iskra at the indicated address or e-mail for contacts.
Disclosure of Information
Art. 28. ET Iskra undertakes not to disclose any personal information about the User and not to provide the collected information to third parties – state authorities, commercial companies, natural persons, and others, except in cases where:
- it has received the explicit consent of the User upon registration or at a later time;
- The User has given access to third parties to the files stored by them on ET Iskra‘s servers through the Www.izrodopite.com service.
- the information is requested by state authorities or officials who, according to the current legislation, are authorized to request and collect such information in compliance with legally established procedures;
- other cases specified in the applicable normative acts.
⏳ VI. DURATION OF THE CONTRACT
Art. 29. Termination
- Except in the cases provided for in these General Terms and Conditions, the contract between the parties is also terminated upon the occurrence of any of the following circumstances:
- Cessation of ET Iskra‘s activity or termination of the maintenance of Www.izrodopite.com;
- Mutual agreement of the parties for termination;
- Other cases provided for by law.
- The User has the right to stop using the Services provided by ET Iskra at any time at their own discretion.
- (added, effective from 23.05.2018) Upon termination of the contract, ET Iskra deactivates the User‘s User Profile and deletes the Password for access to the Subscriber‘s User Profile, and the personal data that has been collected and processed is deleted within a reasonable period, unless ET Iskra has a legal obligation to keep it.
Art. 30. Dissolution of the Contract
Apart from the cases mentioned above, either party may dissolve this contract by sending a one-week prior notice to the other party, in the event of non-fulfillment of the obligations under the contract.
📄 VII. OTHER PROVISIONS
Art. 31. Written Form
The written form is considered complied with by sending a message to an electronic mail (e-mail), clicking an electronic button on a page with content filled in or selected by the User, or checking a box (checkbox) on Www.izrodopite.com, provided that the statement is technically recorded in a way that allows it to be reproduced.
Art. 32. Invalidity
The parties declare that in the event that any of the clauses of these General Terms and Conditions is found to be invalid, this will not entail the invalidity of the contract, of other clauses, or its parts. The invalid clause will be replaced by the mandatory norms of the law or established practice.
Art. 33. Applicable Law
On all matters not regulated by these General Terms and Conditions, the provisions of the current legislation applicable in the Republic of Bulgaria shall apply.
These General Terms and Conditions are effective from 23.05.2018.
