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Terms of use of the millhaus.sk website

(“Terms of Use“)

1. 1. Introductory provisions and definitions

   For the purposes of these Terms of Use, the terms defined below shall have the following meanings:

   “Society“	means the company BBC Residence, s.r.o., with registered office at Mlynské nivy 55, 821 09 Bratislava – Ružinov district, ID no: 53 076 788, VAT INCL: SK2121286607, registered in the Commercial Register of the Municipal Court Bratislava III, sec: Sro, insert no.: 157131/B;
   “Copyright Law“	means Act No. 185/2015 Coll., the Copyright Act, as amended;
   “e-Privacy Directive“	means Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications);
   “Website” or “Website“	means www.millhaus.sk including all and any of its parts, sections and subpages;
   “Privacy Policy“	means the current version of the Company’s Personal Data Processing Policy available on the Website(https://www.millhaus.sk/), and the Cookie Policy on the Website(https://www.millhaus.sk/);
   “GDPR“	means 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);
   “User” or “Users“	means a natural person accessing the Website and performing any interaction with the Website Content;
   “Information Society Service“	means an information society service within the meaning of § 2 (a) of Act No. 22/2004 Coll. on Electronic Commerce, which the Company provides through the Websites within the meaning of these Terms of Use.

2. 2. Information about the information society service provider

   • The Company is the provider of the Information Society Services on the Websites.
   • The provision of Information Society Services on the Websites is not part of any regulated professions.
   • Access to the Website is freely available and all related Information Society Services are provided to Users without the need for financial consideration.
   • The User may use the contact details published in the Privacy Policy to contact the Company.

3. 3. Subject matter and basic provisions

   • The subject of these Terms of Use is the mutual regulation of the rights and obligations of the Company as a provider of Information Society Services and Users as persons using these services. The information society services provided by the Company under these Terms of Use include, but are not limited to (to the extent permitted by law): displaying content and information in the subject areas targeted by the Websites; personalizing content and information to the User’s preferences; searching for information on the Websites; displaying personalized advertising on the Websites; services related to or provided through social networking sites; and other services as defined in these Terms of Use; whereby the User agrees that the specific specifications of such services are at the sole discretion of the Company.
   • The Terms of Use apply to the use of the Websites operated by the Company, and by accessing or using the Websites, the User agrees to these Terms of Use and undertakes to comply with them.
   • The Website is intended for Users, notwithstanding the fact that it is or may be accessible to persons other than Users, solely for their personal use and for a purpose that is not directly or indirectly commercial, unless the User is specifically authorized to do so by an individual contractual relationship with the Company. Any other use of the Website (in its entirety and in its individual parts) is subject to the prior verifiable consent of the Company.

4. 4. Rights and Obligations of the Company

   • The Company has the right to deny or restrict any User access to the Website if they breach the Terms of Use or if it is necessary for the Company’s internal security reasons.
   • The Company has the right to remove, amend, supplement or modify any content and/or part of the content published on the Website at any time. The Company is free to modify, supplement and improve the functionality and content of the Websites at its sole discretion.
   • The Company displays its own or third-party advertising, the scope of which the Company is entitled, at its sole discretion, to change, expand and adapt to the User’s preferences at any time.
   • The Company may link to third-party websites and electronic files on the Website, but is not legally responsible for the content of such third-party websites and electronic files. In the event of the need for third party data processing when the User interacts with such a link, the Company may inform the User of this through its own Privacy Policy, which may also refer to the third party privacy policy governing such processing.
   • The Company shall refuse to delete or restrict access to any information or content of the Website on the basis of a User’s request or suggestion if, in the Company’s legal opinion, the content in question is not illegal and its preservation is necessary in a democratic society for the exercise of freedom of expression and dissemination of information; this shall not apply if the illegality of the content is established by a final and substantive decision of a competent administrative authority or court, or if the User obtains an interim measure or if the Company freely decides otherwise on the basis of its consideration of the individual factual and legal circumstances of the case.
   • Nothing in these Terms of Use shall prevent the Company from limiting the availability and/or functionality of any Websites for any length of time at any time; this shall be without prejudice to the contractual rights and entitlements of the Company’s business partners.
   • In the event of notification of illegal content or other awareness of facts objectively causing the illegality of the content located on the Website and/or any part of the Website, the Company is obliged to act promptly and remove or disable access to the information related to the identified illegal situation if, in the opinion of the Company, there will be or could be illegal conduct in connection with the information included in the content of the Website.

5. 5. User’s rights and obligations

   • The User has the right to use the Information Society Services in accordance with these Terms of Use.
   • Each User is always obliged to notify the Company without delay of any suspicion regarding illegal content of the Website and/or parts thereof, which would or could affect the User or another natural or legal person, and to identify precisely the content that would violate the rights and freedoms of the natural or legal person concerned, as well as to specify what the User requires from the Company (e.g. removal of the content), and what he/she sees as the illegality of the disputed content.
   • In particular, the user is prohibited from: modify, alter, interfere with the Website in an unauthorized manner, make copies and/or extract copies of the Website content and use it for any commercial or non-commercial purposes without the specific verifiable consent of the Company; undermine the integrity of the data integrated into the Websites, including any component of the Website, in particular by interfering with or altering the graphics, layout, structure, texts or databases used by the Websites; attempt to gain unauthorised access to the Company’s information systems via the Website; attempt to modify the machine or source code of the Website and attempt to reverse engineer or otherwise interfere with the functionality of the Website, other than in the normal course of its use; attempt in any other way to impair the integrity and availability of the information and/or functionality available on the Website; attempt in any way to violate or compromise the confidentiality of information not publicly available through the Website; exploit any copyrighted content that is posted on the Website without the Company’s prior written consent.
   • If the User does not agree with the Terms of Use, he/she is obliged to leave and not to use the Website any more.

6. 6. Privacy Policy

   • If the Website is optimised for the processing of cookies and/or the processing of the User’s personal data takes place through the Website, the Privacy Policy applies. Currently, all Websites are optimised for the use of cookies.
   • By the Privacy Policy, the Company fulfils its information obligations under Articles 13 and 14 of the GDPR and the User, by visiting the Website and using the Information Society Services, confirms his/her familiarity with them.
   • The Company does not use any automated monitoring system to search for and/or analyze illegal content on the Websites.
   • The Company may not exclude the disclosure of so-called electronic communication data, including so-called electronic communication metadata including the User’s IP address, to authorised public authorities in the performance of their tasks and duties under specific laws (e.g. police authorities in the investigation of criminal offences), or in the notification of facts relating to suspected criminal offences.

7. 7. Responsibility for the Website

   • The Company is not responsible for the information transmitted between the Website and the User’s terminal device, because the transmission of this information is initiated by the User’s activity, the Company does not select its Users, nor does it select and edit the information that is transmitted.
   • The Company is not responsible for the automatic, temporary and transitory storage of information in the memory of an electronic device used for information retrieval (e.g. browser, computer), which is done solely for the purpose of streamlining the further transmission of information to other recipients of the service at their request (so-called caching).
   • The Company is not responsible for any interruptions or errors on the Website.
   • The Company shall not be liable for any direct or indirect, special, incidental, consequential or incidental damages, losses or expenses arising out of or in connection with the connection to and use of the Websites, nor for any damages arising out of or in connection with any partial or complete non-functionality of the Websites, inability to use the Websites, or in connection with any failure, error, omission, interruption, delay in operation or transmission, cyber-attack or other malfunction of the Websites.
   • The Company provides the Website as it stands and lies, without any warranties or additional representations.
   • The Company is not responsible for the truthfulness, content and form of other websites accessible via the Website. The Company does not investigate, verify or monitor the content of such external websites. The Company is not and will not become a party to any legal relationship that the User creates with such third parties.

8. 8. Copyright

   • In accordance with the Copyright Act, the Company is the person entitled to exercise all proprietary rights to the Websites, in particular to distribute the content of the Websites and to grant consent to their use, or the Company is otherwise entitled to use the content. In individual cases, reference may be made to the copyright holder or the copyright enforcer.
   • The User does not acquire any proprietary rights, licenses, sublicenses or other rights to the content published on the Websites by using the Websites and/or by using the Information Society Services; this does not affect the User’s ability to view the content of the Websites and to use the Websites for his/her own personal/domestic use in accordance with these Terms of Use.
   • The User shall not infringe or jeopardize the copyrights and intellectual property rights of the Company or third parties when using the Information Society Services.
   • The User shall immediately report suspected infringement of copyright and intellectual property rights in connection with these Terms of Use, regardless of whether the infringer is the User or a third party.

9. 9. Links

   • All links to the Website in any form that will be placed on the Internet as a result of the active conduct of a third party who is not acting within the scope of his or her own permitted private activity (i.e., for example, sharing on an individual’s personal profile on a social networking site) must be approved in advance in writing by the Company (for example, if the links are directed to the Website in the course of a business or other professional activity on the Company’s official websites), unless otherwise agreed to in an individual contract with the Company.
   • Any links to the Website, whether or not consent is required under the preceding paragraph, shall not be defamatory to the Company, its interests and shall not be defamatory or vulgar.
   • As a condition of consent to link to the Website, the operator of the other website agrees that the Company may, at any time, in its sole discretion, revoke the permission to link to the Website, together with an undertaking by the operator of the other website to immediately remove all Internet links to the Website and the Company’s trademark immediately upon revocation of consent under Section 9.1 of these Terms of Use.

10. 10. Final provisions

    • These Terms of Use shall be governed by and construed in accordance with Slovak law and in particular Act No. 40/1964 Coll., the Civil Code, as amended.
    • The Website Content is not intended for use and/or distribution by any person who is a resident, resident or domiciled in any state or subject to any jurisdiction where such use would be unlawful or subject to the consent of any competent authority or other authorised person, or where the creation, operation and/or distribution of the Website Content or any part thereof would require authorisation, registration or any other condition.
    • The invalidity of any part of these Terms of Use shall not invalidate the remaining provisions.
    • These Terms of Use also apply mutatis mutandis to the services provided by the Company via social networks.
    • The User shall be liable for damages caused by a breach of these Terms of Use. In the event that the User causes damage to a third party by violating these Terms of Use, using the Websites or using the Information Society Services, he/she is obliged to pay for it himself/herself upon request without any charge to the Company.
    • The Company is entitled to unilaterally change the content of these Terms of Use at any time; the change shall be effective upon posting the modified version of the Terms of Use on the Website.

PERSONAL DATA PROCESSING PRINCIPLES

1. 1. GENERAL PROVISIONS

   In this personal data processing policy we provide you with information on how our company BBC Residence, s.r.o., with registered office at Mlynské nivy 55, 821 09 Bratislava, ID no: 53 076 788, registered in the Commercial Register of the Municipal Court Bratislava III, sec: Sro, insert no.: 157131/B as controller (hereinafter referred to as “we” or “the company“), processes your personal data. We provide you with information in accordance with Article 13 of 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) (hereinafter referred to as “GDPR“).

   For the purposes of this Policy:

   “Project” means the project for the construction of a residential complex called MILLHAUS at the intersection of Plynárenská and Mlynské nivy Streets in Bratislava, as further described on the website www.millhaus.sk.

   “Immocap” is the company Immocap, a.s., with its registered office at Mlynské nivy 55, 821 09 Bratislava, ID no: 35 944 536, registered in the Commercial Register of the Municipal Court Bratislava III, sec: Sa, insert no. 3633/B.

   “Wood&Company” is Wood & Company, a.s., with registered office at Gorkého 4, 811 01 Bratislava, ID No: 35 827 092, registered in the Commercial Register of the Municipal Court Bratislava III, sec: Sa, insert no. 3093/B.

2. 2. PERSONAL DATA CONTROLLER

   BBC Residence, s.r.o.
   IČO: 53 076 788
   Contact information:
   Mlynské nivy 55, 821 09 Bratislava
   info@millhaus.sk

   If you have any questions about this policy, the use of your personal information, or if you wish to exercise your rights described in this policy, you may contact our company by email as well as in writing at the above address.

3. 3. PURPOSE, LEGAL BASIS AND RETENTION PERIOD

   We process your personal data as a controller on the following legal bases and for the following purposes.

   Purposes related to the performance of a contract or related to acts carried out at the request of the data subject prior to the conclusion of the contract, pursuant to Article 6(1)(b) of the GDPR:

   PURPOSE	PERSONAL DATA INCLUDED	DATA RETENTION PERIOD
   Presentation of the Project and communication within the framework of pre-contractual relations or negotiations regarding your expressed interest (e.g. request for a quotation, questions about the offer of apartments, etc.).	E-mail address and, if you have filled them in the text of the contact form or provided them to us in the communication, also the following data: first name, surname, telephone number, and any other personal data you have filled in the text of the contact form or provided to us in the communication.	For as long as necessary to answer your enquiry from the contact form or for the duration of our pre-contractual communication, but no longer than 3 months from the last contact from your side.
   Execution of contracts with our customers or negotiation of contracts with our customers in connection with the sale/lease of flats and non-residential premises in the Project.	Relevant identification, payment and contact details as set out in the relevant contract between you and our company	For the duration of the contractual relationship and thereafter for as long as necessary to assert claims under the contract; in specific cases, e.g. for the purpose of protecting against impending or arising litigation, the processing period is extended until the circumstance in question has ceased (e.g. the termination of the litigation).

   Purposes related to the fulfilment of a legal obligation under Article 6(1)(c) GDPR:

   PURPOSE	PERSONAL DATA INCLUDED	DATA RETENTION PERIOD
   Fulfilling our bookkeeping, tax and archiving obligations	Relevant identification, payment and contact details provided in contractual, accounting and tax documents	For a period of 10 years from the end of the tax year in which the transaction took place, unless otherwise provided by law.

   Purposes related to the legitimate interests pursued by the controller or a third party pursuant to Article 6(1)(f) GDPR:

   PURPOSE AND LEGITIMATE INTEREST	PERSONAL DATA INCLUDED	DATA RETENTION PERIOD
   Providing our newsletter to our existing customers and further marketing outreach to our existing customers. The legitimate interest pursued by this processing is our ability to provide our existing customers with information regarding other apartments, premises and related services on offer at the Project, and other information relating to the Project.	Relevant identification and contact details to the extent necessary for marketing purposes	For the duration of our legitimate interest, but at the latest until you object to the processing of your data for this purpose or unsubscribe from the newsletter.
   Communication with our existing customers who are legal entities The legitimate interest pursued by this processing is our ability to communicate with our customers, who are legal persons, during pre-contractual negotiations and after the conclusion of the contract in the performance of the contract and the exercise of our contractual rights and obligations.	Relevant identification and contact details provided in contractual documents concluded with our legal entity customers or otherwise communicated to us by our legal entity customers	During pre-contractual negotiations and for the duration of the contractual relationship with customers – legal entities. Subsequently, for the period necessary to assert claims arising from such a contractual relationship; in specific cases where this is justified by a particular interest, e.g. for the purpose of protecting against threatened or actual litigation, the processing period is extended until the circumstance in question has ceased (e.g. the termination of the litigation).
   Negotiations with third parties interested in purchasing or financing the Project and the performance of contracts entered into with such parties. The legitimate interest pursued by this processing is our ability, if we so choose, to (i) secure external financing for the Project, whereby the financier may require the submission of documents for the sale/lease process of the apartments and premises, (ii) execute the sale of the entire Project to a third party, whereby the prospective purchaser may require documents for the purpose of conducting a legal due diligence prior to the transaction. In both cases, third parties will be contractually or legally bound to a duty of confidentiality with regard to the data provided.	Relevant identification, payment and contact details provided in contractual, accounting and tax documents	During pre-contractual negotiations and for the duration of the contractual relationship with such third parties. Subsequently, for the period necessary to assert claims arising from such a contractual relationship; in specific cases where this is justified by a particular interest, e.g. for the purpose of protecting against threatened or actual litigation, the processing period is extended until the circumstance in question has ceased (e.g. the termination of the litigation).

4. 4. RIGHTS OF THE DATA SUBJECT

   We respect your rights as a data subject when processing your personal data. Under applicable law, you have several rights as a data subject in relation to the processing of your personal data, depending on the lawful reason and purpose of the processing:

   • the right to information about the processing of your personal data;
   • the right to access the personal dataprocessed and stored about you;
   • the right to request the rectification of incorrect, inaccurate or incomplete personal data;
   • the right to request the erasure of personal datawhen it is no longer necessary or if the processing is unlawful;
   • the right to object to the processing of personal data for marketing purposes or other purposes which are based on a legitimate ground pursuant to Article 6(1)(f) of the GDPR;
   • the right to request restriction of the processing of your personal data in specific cases;
   • the right to receive personal data in a machine-readable format and/or to request their transfer to anothe