TERMS OF USE

1. GENERAL PROVISIONS

Article 1

These Terms of Use govern the rights and obligations regarding the use of the service available through the mobile application called “Cozy Access” available at http://cozyaccess.com (hereinafter: the Service or Application). The service is an information society service provided by the company LAKO PARKIRAJ DOO Belgrade, 51 Koče Kapetana st., 11111 Belgrade – Vračar, Republic of Serbia, reg. no.: 21238899, tax ID no.: 109765101, e-mail: info@lakoparkiraj.com, phone: +381 60 62 62 575 (hereinafter: the Company).

The Company’s operations through this Service are primarily regulated by the Law on Electronic Commerce, the Law on Obligations and Torts, the Law on Advertising, the Law on Copyright and Related Rights, the Law on Personal Data Protection, and other regulations of the legal system of the Republic of Serbia in parts that are not regulated by aforementioned laws.

Article 2

These Terms of Use form an integral part of the Service and represent the provisions of the contract concluded between the Company and each individual user of the Service. The Company allows the use of the Service to individuals and legal entities, exclusively in the manner and under the conditions described in these Terms of Use.

By accessing and using the Company’s Services, users agree to the Terms of Use, and thus enter into an adhesion agreement with the Company as a provider of information society services.

These Terms of Use apply to any access to the contents of the Service.

The Company provides information society services through the delivery of digital content (which is not delivered on a recordable permanent medium). By agreeing to these Terms of Use, the user gives his explicit consent and confirms that he loses the right to withdraw from the contract concluded at a distance in terms of Article 36, paragraph 1, item 13) of the Law on Consumer Protection. The User has the right to terminate the contractual relationship with the Company in accordance with the provisions of these Terms of Use.

Article 3

The Company is committed to preserving and enforcing the right to protection of personal data enjoyed by individuals, and in all respects according to the rules of the information profession, good business practices and in accordance with applicable regulations of the Republic of Serbia.

Article 4

The Service is an information society service provided by the Company, which refers to enabling parking service users to access parking service providers, regardless of whether the parking service is provided to the user with or without a fee.

For good understanding, if the parking service provider provides the parking service to the parking user for a fee, that parking service provider has the status of a trader (within the meaning of the Law on Consumer Protection) offering parking space for motor vehicles. The Company does not have the status of a parking service provider, but it enables the parking service provider to collect the payment from the parking service user through the Service.

The user of the parking service and the parking service provider enter into a direct relationship regarding the parking service.

Consumer information

Article 5

In accordance with the provisions of Article 12, paragraph 1 of the Law on Consumer Protection, the Company in the capacity of information society service provider, through these Terms of Use, that is, before concluding a service contract, in a clear and understandable manner informs natural persons who have the capacity of consumers about the following:

1)     The basic features of the service are presented to the consumer through the Application, so that the consumer is able to independently choose which service of which parking service provider the consumer wants to use.

2)     Business name, registration number, seat address and telephone number are listed in Article 1 of these Terms of Use.

3)     The selling price, i.e., the manner in which the selling price will be calculated if due to the nature of the service the selling price cannot be determined in advance, is presented to the consumer through the Application, so that the consumer can acknowledge the price or the manner of calculating the price for each parking service provider individually. Also, the consumer is being informed through the Application about all possible additional costs, if any. Due to the nature of the parking service, there are no additional postage costs, neither transport costs nor delivery costs.

4)     About the method of payment, the consumer is being informed through the Section 7 of these Terms of Use.  About the manner and deadline of delivery of the parking service the consumer is being informed through the Application when the consumer independently chooses a specific service.

5)     Legal responsibility due to non-compliance of the parking service is borne exclusively by the parking service provider, in accordance with the provisions of the Law on Obligations and Torts. The Company is not responsible for providing the information society service, as such liability is legally excluded, as stated in Article 13 and Section 12 of these Terms of Use.

6)     The consumer is being informed about the absence of the possibility of a complaint about the information society service through Article 58 of these Terms of Use.

7)     The Company does not offer or sell technical goods to consumers.

8)     The consumer is being informed about the conditions for termination of the agreement through Article 22 of these Terms of Use.

9)     The consumer is being informed about the possibility of out-of-court consumer dispute resolution through Article 80 of these Terms of Use.

In accordance with the provisions of Article 12, paragraph 2 of the Law on Consumer Protection, the Company in the capacity of information society service provider, through these Terms of Use, that is, before concluding a service contract, in a clear and understandable manner informs natural persons who have the capacity of consumers about the following:

1)     That, in terms of Article 2 of these Terms of Use, the agreement with the consumer is concluded for an indefinite period.

2)     That there is no minimum duration of contractual obligations between the Company as an information society service provider and the consumer, i.e., that the consumer is free to terminate the contract at any time.

3)     That the functionalities, including technical protection measures for digital content, are specified in these Terms of Use.

4)     That the relevant interoperability of digital content with hardware and software about which the Company has knowledge or about which it can reasonably be expected to have knowledge, is stated by the Company through the Service, i.e., that the Application as such is technically impossible to install on incompatible device.

5)     That there are no after-sales services provided by the Company to consumers, nor that there are any explicit or implicit warranties, and in particular no warranties under Articles 6, 18, 45, 55, 72, and 75 of these Terms of Use.

In accordance with the provisions of Article 26, paragraph 1 of the Law on Consumer Protection, the Company in the capacity of information society service provider, given that it is the conclusion of distance or off-premises agreement with individuals who have consumer status, through these Terms of Use, that is, before concluding a service contract, in a clear and understandable manner informs natural persons who have the capacity of consumers about the following:

1)     That the Company operates at the seat address, which is stated in Article 1 of these Terms of Use;

2)     That all prices include the total costs for a specific period of use of the parking service, and that they are presented to the consumer in advance through the Application.

3)     That the consumer independently bears the cost of using means of distance communication for concluding a contract, i.e. that cost is calculated on the same basis, i.e. according to the basic tariff of the internet service provider (e.g. mobile phone operator) with which the consumer concluded a separate contract for provision of internet services, in which the Company does not have or cannot have insight.

4)     In accordance with Article 2 of these Terms, the Company provides information society services through the delivery of digital content (which is not delivered on a recordable permanent medium). By agreeing to these Terms of Use, the user gives his explicit consent and confirms that consumer loses the right of withdrawal from the contract concluded at a distance in terms of Article 36, paragraph 1, item 13) of the Law on Consumer Protection. For good understanding: in accordance with the provisions of Article 36, paragraph 1, item 1) of the Law on Consumer Protection, the consumer has no right to withdraw from the contract in the case of parking services, after the parking service is fully performed, because the parking service prior consent of the consumer and with his confirmation that he knows that he loses the right to withdraw from the contract when the parking service provider fully executes the contract. In any case, the consumer exercises his rights arising from the parking service exclusively with a specific parking service provider, and not with the Company.

5)     There is no obligation of the consumer to pay the Company any costs related to the exercise of the right to withdraw from the contract, because there is no right to withdraw from the contract, and therefore no associated costs exist.

6)     The consumer can use the right to withdraw from the contract for the provision of information society services provided by the Company at any time. For good understanding: in accordance with the provisions of Article 36, paragraph 1, item 1) of the Law on Consumer Protection, the consumer has no right to withdraw from the contract in the case of parking services, after the parking service is fully performed, because the parking service prior consent of the consumer and with his confirmation that he knows that he loses the right to withdraw from the contract when the parking service provider fully executes the contract. In any case, the consumer exercises his rights arising from the parking service exclusively with a specific parking service provider, and not with the Company.

7)     The Company does not sell any goods, so there is no contractual relationship between the Company and the postal operator through which the consumer could, in case of complaint due to non-compliance, send the goods at the expense of the Company.

In accordance with the provisions of Article 26, paragraph 2 of the Law on Consumer Protection, the Company in the capacity of information society service provider, given that it is the conclusion of distance or off-premises agreement with individuals who have consumer status, through these Terms of Use, that is, before concluding a service contract, in a clear and understandable manner informs natural persons who have the capacity of consumers about the following:

1)     The Company does not sell any goods, so there is no obligation of the consumer to bear the cost of returning the goods.

2)     There are no applicable codes of good business practice relating to the provision of information society services provided by the Company.

3)     There is no minimum duration of contractual obligations of consumers.

4)     That there is no need or obligation for the consumer to make any deposit to the Company or any other financial guarantee that the Company may require.

5)     The consumer is being informed about the possibility of out-of-court consumer dispute resolution through Article 80 of these Terms of Use.

Article 6

The Company does not in any way influence the content posted through the Service by parking service providers or content created by aggregating publicly available data. The Company does not guarantee the accuracy or usability of the information presented through the available content on the Service posted by third parties or downloaded from third parties. The sole responsibility for such content lies with the persons who posted the content or the persons from whom the content was taken over.

The Company has the right, but not the obligation, to remove from the Service any content that violates of the Terms of Use at any time, without the obligation of any prior or subsequent notice or explanation.

2. SERVICE DESCRIPTION AND INTEGRITY

Article 7

The Service is intended to enable users of parking services (garages, garage places, parking spaces, etc.) to access parking service providers, as well as enabling the parking service provider to collect payment for its services from users of parking services (if such parking service is being charged).

 

Article 8

The Service is intended for those who provide parking services and those who want to use such service.

The Service contains information to the parking service provider that that service provider makes available through the Service.

Access to the Service for users of the parking service is free of charge, and the Company enables users of the parking service to pay for the parking service provided by the parking service providers who charge for the parking services through the Service.

 

Article 9

The Service enables the parking service provider to independently determine all parameters related to the specific service it provides, especially whether it charges for the parking service and at what price, working hours of the parking lot, address or location of the parking lot and the like.

The parking service provider undertakes that all his entries in the Service are accurate and correct. Only the parking service provider who entered such data is responsible for the accuracy and correctness of the data entered. Accuracy of entries implies that they come from a competent source and/or decision of the parking service provider. Correctness means grammatical and spelling correctness.

 

Article 10

Each and every use of the Service in its entirety or any part thereof that is not in accordance with the Terms of Use will be considered an abuse of the services provided by the Company, and a violation of the Terms of Use.

Article 11

The User independently chooses the password during registration and is solely responsible for the confidentiality of the password and the use of the Service through such access data.

The user will not use other’s access data or give own user data to a third party. The User may notify the Company if he suspects unauthorized use of own access data.

 

Article 12

At each individual opportunity, the Company will provide full support to the protection of the rights of all persons holding these rights or those whose rights have been violated, by, without delay:

–          upon a reasoned request, supported by appropriate documentation, remove the content so that it is not publicly available, and preserve the content for the purpose of providing evidence,

–          upon request, submit data on the user whose entry violates any of the above or other rights, to the competent authority

all in accordance with the regulations of the Republic of Serbia.

Article 13

The Company transmits electronic messages submitted to it by users of information society services, but in no way: does not initiate their transmission, does not select data or documents to be transmitted, does not exclude or change data in the content of messages or documents, nor selects recipients transmission, and any responsibility of the Company for the content of the message and its sending is excluded according to Article 16 of the Law on Electronic Commerce.

 

Article 14

The Company reserves the right to change, cancel (either temporarily or permanently) any element of the Service, the services it provides, as well as content or entries, regardless of who the author is and without prior approval or notice, with application of good business practices.

 

Article 15

All time determinants and deadlines presented through the Service, as well as the time zone and working days are calculated according to the current regulations of the Republic of Serbia.

3. USERS

Article 16

Users of services provided by the Company through the Service are both: visitors and registered users.

A visitor is a person who accesses the Service via the Internet in terms of these Terms of Use, without logging in or registering with the Service. The visitor can get acquainted with all the content available on the Service, without any reimbursement.

A Registered User is a legal or natural person who has registered with the Service under the terms and conditions set forth in these Terms of Use. The registered user can post and publish his own content: comments and ratings, according to the then-current functionality of the Service.

 

Article 17

The registration of the user, as well as all content that the user makes available to the Company, the Company does not moderate, modify or in any way affect the content, and the registered user has sole responsibility and bears all legal consequences of its content on the Service.

 

Article 18

The registered user retains all copyrights and related rights to the content user is the author of. The registered user guarantees that is the owner or user of all necessary copyrights on the entire content, as well as all its individual parts, which user places on the Service. Any possible infringement of copyright or related rights, as well as other intellectual property rights, is the sole responsibility of the registered user who posted the content.

 

Article 19

A registered user can post different content at the same time. Posting content on the Service does not in any way restrict a registered user from posting or publicly posting the same content elsewhere.

 

Article 20

The registered user may, without any explanation or notice, at any time, delete or modify the content he has posted. The Company will delete or modify such content at the same time, except for content contained in system-generated backups that cannot be affected.

 

Article 21

With each individual login to the Service, the registered user can get access to the Service in accordance with the then-current functionality of the Service, meaning to user’s account on the Service and the ability to post content. A registered user can set up their account and assign or change its name, and to mark each comment user posts as anonymous.

By posting content on the Service, the registered user unconditionally and irrevocably authorizes the Company to transfer the content to an indefinite number of persons, as well as to remove the content without prior or subsequent notice or explanation.

 

Article 22

The registered user may, without any explanation or notification, at any time terminate his status as a registered user by sending an email to support@cozyaccess.com with request to delete their user account, meaning to request the termination of the agreement. By deletion of the account the contractual relationship established by these Terms of Use terminates.

 

Article 23

The Service allows the user, if the user considers that someone is abusing the Service, to inform the Company about it via the address: info@lakoparkiraj.com.

4. EVALUATION SYSTEM

Article 24

The Company may, through the Service, allow registered users to post ratings in the form of 1 to 5 stars.

The company reserves the discretion to cancel the assigned ratings, as well as the right not to cancel the rating in each individual situation.

5. PRULEBOOK ON PROTECTION OF PERSONAL DATA WITH NOTICE OF DATA COLLECTION AND PROCESSING

Article 25

The Rulebook on Personal Data Protection is an integral part of the Terms of Use and is available at: https://www.cozyaccess.com/terms-and-conditions

The Rulebook on Personal Data Protection was adopted on the basis of the Law on Personal Data Protection, according to which the Company has the legal status of the Controller.

 

Notice on the collection and processing of personal data and general remarks

Article 26

The Company respects the privacy of natural persons, namely: its employees (hereinafter: Employees), and other natural persons who enter a contractual relationship with the Company through the terms of use (hereinafter: Users) and collects and processes personal data exclusively in accordance with this Rulebook on Protection of Personal Data (hereinafter: the Rulebook).

Through this notification, the Company informs individuals about the collection and processing of personal data carried out in accordance with the Law on Personal Data Protection and other regulations of the Republic of Serbia, which are harmonized with the General Regulation on Data Protection of the European Union (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, abbr. GDPR)

In order to protect personal data, the Company applies appropriate technical, organizational and personnel measures and constantly works on their improvement to ensure that personal data is handled in accordance with applicable regulations and the consent of the person (when such consent is required in accordance with by law). In this regard, the Company may periodically change the provisions of this Rulebook, in which case the Company will ensure that an updated or current version is available on the bulletin board, or electronic service that is similar to the bulletin board, with a start of application clearly stated.

This Rulebook regulates, among other things, the obligations of employees regarding the protection of personal data.

The Company informs the Employees directly about the changes in the Rulebook, while the Users are obliged to independently get acquainted with the provisions of the then-current Rulebook.

If the user does not agree with any provision of this Rulebook, it is necessary to refrain from submitting personal data in any way, i.e., it is necessary for the user to withdraw consent for the processing of personal data in accordance with the Rulebook.

Controller information

Article 27

Personal data Controller is:

Business Name:     LAKO PARKIRAJ DOO BEOGRAD

Seat address:          51 Koče Kapetana str., 11111 Belgrade – Vračar, Republic of Serbia

Registration no.:      21238899

Tax ID no.:               109765101

Email:                       info@lakoparkiraj.com

Activity code:           6201 – Computer programming

The contact details of the Controller for exercising the right to protection of personal data are:

LAKO PARKIRAJ DOO BEOGRAD

51 Koče Kapetana str., 11111 Belgrade – Vračar, Republic of Serbia

Working hours: Monday to Friday, 9:00AM – 5:00PM

Tel.: +381 60 62 62 575

Email: info@lakoparkiraj.com

Data collection method

Article 28

Personal data related to Employees are collected by the Company as follows:

  •  directly from a natural person, when the Employee directly submits personal data , when concluding an employment contract or annex, as well as from candidates for employment when candidates directly submit personal data when applying for a job, orally or in writing (including and electronic form), and
  •  by data processing , in which case the Company or an engaged third party on behalf of the Company (e.g. accountant) uses the personal data of employees for mandatory registration of employees and calculation of wages and payment of taxes and contributions to wages, in accordance with this Rulebook, laws and regulations and other acts that regulate labor relations.

Personal data related to Users are collected by the Company as follows:

  •  directly from a natural person, when the person directly submits his data to the Company , when users contact the Company by mail, e-mail or telephone, and
  •  by data processing , in which case the Company or a third party hired by the Company uses the so-called “cookie” technologies for adequate display of content and tracking the amount of visits and usage of the Service (hereinafter “cookie” data). How the Company uses “cookie” data is described in a separate section of this Rulebook.

 

Data processed by the Company, manner, and basis of use

Article 29

The Company collects information that is appropriate, relevant and limited to what is necessary in relation to the specific purpose of the processing.

 

Article 30

Personal data related to Employees are processed by the Company in the following manner and on the following basis:

1)     The Company uses personal data of employees to achieve the purpose specified in this Rulebook, the Labor Rulebook, the Employment Contract and relevant laws and bylaws. For each processing undertaken by the Company, there is an appropriate basis prescribed by the laws governing the field of labor and labor relations, records in the field of labor, compulsory social and health insurance, taxes, and accounting, as well as other laws of the Republic of Serbia.

2)     The Company collects personal data of Employees in order to comply with the Employment Contract and fulfill legal obligations and processes them in the manner prescribed by law to exercise the rights of Employees from employment (such as the right to salary, vacation, sick leave, safety and health at work, calculation and payment of taxes and contributions, etc.), as well as proper keeping of legally required records.

3)     By signing the Employment Contract, the Employee confirms and agrees to that the Employer enters, copies, transfers, uses, stores and processes his personal data, either from his personal record or from official records such as ID card, workbook (if submitted by the Employee), application form for health and pension insurance, certificates, diplomas, etc.; for the purpose of exercising employment rights and employment rights, such as determining wages, compensation of wages and other employee benefits, training and professional development, career planning, safety and health at work, risk management or similar purposes . This consent is given in relation to the Employer and third parties authorized by the Employer, in particular to the accountants, legal service providers, banks, brokers and social security organizations (authorized third parties).

In relation to Employees, the Company processes:

Data to be processed

Purpose of processing

Legal basis of processing

name, surname, address of residence (place, postal code, street, house number), citizenship, date and place of birth, sex, marital status, personal ID number, ID card number, health insurance number (LBO), degree and type of education, knowledge of foreign languages, knowledge acquired on coursed, employment history, CV, bank account number, data on earnings and income from employment, data on performance of work obligations including performance appraisals, e-mail address assigned by the employer, IP address of access to electronic services used by the employer

Execution of the employment contract and compliance with legal obligations.

Compliance with legal obligations arising from the Employment Contract, the Labor Law, the Law on Labor Records, the Law on Contributions for Compulsory Social Insurance, the Law on Personal Income Tax, the Law on Safety and Health at Work, and other regulations governing obligations of the Company as an employer (Article 12, paragraph 1, item 3) of the Law)

telephone number, e-mail address of the employee, contact of a close person for emergencies

Communication with employees and communication in emergencies

Employee Consent (Article 12, paragraph 1, item 1) of the Law)

 

Article 31

Personal data related to Users are processed by the Company in the following manner and on the following basis:

1)     The Company uses personal data of users to achieve the purposes specified in this Rulebook, Terms of Use and laws and bylaws. For each processing undertaken by the Company, there is an appropriate basis prescribed by the laws governing the areas of consumer protection, obligations, accounting, as well as other laws of the Republic of Serbia.

2)     The Company collects personal data of the User for the purpose of respecting its contractual obligations arising from these Terms of Use, and fulfilling legal obligations and processes them in the manner prescribed by law in order to exercise the rights of users under the contractual relationship.

3)     Data collected by the Company directly can be compared and combined with data collected by the Company automatically, and thus data collected as anonymous (for example, data on the frequency of visits to certain content on the Company’s website) may become personal data (for example, how often users visit certain content on the Company’s website). This allows the Company to provide users with a personalized experience when visiting the Company’s website.

In relation to Users, the Company processes:

Data to be processed

Purpose of processing

Legal basis of processing

Name, surname, e-mail address, and/or postal address (city, postal code, street, house number), and/or telephone number

Communication with users – answering questions and requests from users to the Company (e.g. by e-mail or postal mail or telephone)

Consent of the User (Article 12, paragraph 1, item 1) of the Law)

Necessity of processing in order to respect the legal obligations of the Company in terms of regulations on consumer protection (Article 12, paragraph 1, item 2) of the Law)

Username, email address and password for the user profile

Creating a user profile on the Service, in order to use the Service

Consent of the User (Article 12, paragraph 1, item 1) of the Law)

Name, surname, postal address (city, postal code, street, house number), vehicle registration number, payment data (except for payment card number and commercial bank with which the account is kept)

Provision of information society service

Execution of the agreement on the provision of information society services (Article 12, paragraph 1, item 1) of the Law)

Execution of the legal obligations of the Company, i.e. keeping records of transactions in terms of accounting regulations (Article 12, paragraph 1, item 3) of the Law)

Data on the selected settings according to which the website is displayed

Providing functionality of the website in terms of temporary “memorizing” of selected settings for displaying the content of the website

Consent of the User (Article 12, paragraph 1, item 1) of the Law)

Execution of the agreement on the provision of information society services (Article 12, paragraph 1, item 1) of the Law)

Device identification data through which the user accesses the website (so-called unique device identifier), device type (computer, tablet, smartphone), device IP address, device operating system, web browser used to access the website

Technical administration of the website and ensuring that the content of the website is optimally displayed on the used device

Consent of the User (Article 12, paragraph 1, item 1) of the Law)

Execution of the agreement on the provision of information society services (Article 12, paragraph 1, item 1) of the Law)

Information on how the website is used (for example, which pages within the website users visit, how many times, login time, clickable content, etc.)

Understanding the preferences and interests of website users, improving the user experience and improving the website, Application and Service, statistical and analytical purposes

Consent of the User (Article 12, paragraph 1, item 1) of the Law)

Data on online marketing content that users accessed before accessing the Company’s website

Identifying trends and improving the website, services of the Company and the Service for statistical and analytical purposes

Consent of the User (Article 12, paragraph 1, item 1) of the Law)

 

Article 32

The Company is constantly working on the development of the Application and the improvement of the Service, as a result of which it is possible that the processing of certain data will start later, as the functionality of the Service increases. Also, the amount of data that the Company processes depends on how and for what reasons users contact the Company or how they use the Company’s website.

 

Article 33

If there is a subsequent need to process personal data for a purpose other than that for which the data was collected, the Company will provide persons with information on that other purpose, as well as all other information, in accordance with the law.

 

Article 34

The Company may anonymize and use certain data for statistical and analytical purposes, so that the individuals to whom the data relate cannot be directly or indirectly identified.

 

Cookie data

Article 35

The Company’s website uses cookies in order to provide the best user experience. This data enables the display of the content of the website in an adequate manner on each user device or internet browser (“web browser”) through which it is accessed, i.e. that the content placed through the website is adjusted to the interests of users. The information that the Company collects in this way may, or may not, be personal information in some cases.

Users can, to some extent, independently influence the “cookie” data, by setting them themselves. When a website allows the user not to select or exclude certain “cookies”, the user can opt for this option, but this may reduce the functionality of the website. As a rule, these settings are not transferred from device to device, so they need to be edited separately for each device or web browser individually.

Cookies are simple text files that are stored in a user’s web browser or device. The task of the “cookie” is primarily to enable the website to “recognize” the user when the same user accesses it next time. In this situation, the website uses the data stored in the “cookie” and thus automatically receives information about the previous activity of the user on the website. Cookies cannot access user data stored on devices but can collect data on online activities.

Cookies are not harmful to the user or his device and should not be confused with viruses. Cookies do not contain viruses or other malicious code.

Depending on how long they stay in the user’s web browser, there are different session “cookie” (they are retained only during a specific search session and are automatically deleted when it ends, and are used to allow access to specific content) or permanent “cookie” (for a longer or shorter period, “memorizes” information for subsequent visits to the website, is retained until it is manually deleted or expires according to the expected duration, e.g. “cookies” that allow the website to “memorize” data for login in case of creating an account or tracking cookie).

According to whom they belong, there are first party “cookies” (“cookies” set by the Company as the owner of the website) and third party “cookies” (“cookies” set by third parties hired by the Company, which provide various services to the Company, e.g. analytical services for collecting and processing certain data on the use of websites and providing us with information in anonymized form, ie services for displaying related content).

 

Article 36

Cookies may contain different information and may be used for different purposes. The company uses the following types of cookies:

  • OBLIGATORY – absolutely necessary “cookies” – Mandatory “cookies” make the site usable by providing basic functions such as page navigation and access to protected content. The Company uses cookies, which are necessary for the proper functioning of the Company’s website, in order to enable certain technical functions and thus ensure a positive user experience.
  • PERMANENT – necessary for easy access – These cookies usually have an expiration date far in the future and as such will remain in the user’s web browser until they expire or are manually deleted. The Company uses persistent cookies for functionalities such as “stay logged in” functionality, which makes it easier for the user to access as a registered user. Also, the Company uses persistent cookies to better understand user habits, in order to improve the site according to user habits. This information is anonymous – no individual user data is visible.
  • STATISTICS – statistical “cookies” – Statistical “cookies” help the Company to understand how visitors communicate with the site by anonymously collecting and sending data. These are “cookies” that allow the Company to analyze the use of the site and measure traffic, which the Company conducts in order to improve the quality and content of the services offered.
  • MARKETING – “cookie” data for marketing purposes – Marketing “cookies” are used to track visitors through websites. They are used to show users relevant ads and encourage them to participate, which is important for third-party publishers and advertisers.

The use of cookies is managed by selecting the appropriate settings for the web browser. More information can be found at the following links:

Google Chrome

Clear, enable, and manage cookies

Serbian

https://support.google.com/chrome/answer/95647?hl=sr

English

https://support.google.com/chrome/answer/95647?hl=en

Firefox

Enable and disable cookies that websites use to track your preferences

Serbian

https://support.mozilla.org/sr/kb/omogucavanje-i-onemogucavanje-kolacica

English

https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences

Firefox

Clear cookies and site data

Serbian

https://support.mozilla.org/sr/kb/brisae-kolachi

English

https://support.mozilla.org/en-US/kb/clear-cookies-and-site-data-firefox

Internet Explorer

Delete and manage cookies

Serbian

https://support.microsoft.com/sr-latn-rs/help/17442/windows-internet-explorer-delete-manage-cookies

English

https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies

Safari

Manage cookies and website data

English

https://help.apple.com/safari/mac/8.0/#/sfri11471

 

Profiling

Article 37

Profiling is a form of automated data processing that is used to assess a certain personality trait, especially in order to analyze or predict personal preferences, interests, behaviors, etc.

The Company does not perform profiling, whatsoever.

 

Data not processed by the Company

Article 38

The Company does not collect or process special types of personal data, such as data relating to racial or ethnic origin, political opinion, religious or philosophical beliefs or trade union membership (except as required by law), genetic data, biometric data for the purpose of unique identification of persons, data on sexual life or sexual orientation, as well as data related to criminal convictions, criminal offenses and misdemeanors, security measures and other measures imposed by courts. In that sense, natural persons are informed that they shall not disclose or send this information to the Company.

The Company does not collect or process health data except when it comes to:

  •  Employees of the Company who have been temporarily disabled in accordance with the regulations on health insurance for the purpose of exercising employment rights – sick leave,
  •  Candidates for employment who, in accordance with the Law on Professional Rehabilitation and Employment of Persons with Disabilities, are entitled to incentives for employment in order to create conditions for equal inclusion of persons with disabilities in the labor market.

 

Article 39

The Company will never intentionally or purposefully collect and process data on minors, but the possibility of providing inaccurate data by individuals cannot be ruled out. If the parent or legal guardian of a minor receives information that the data of that minor have been submitted to the Company, it is necessary to inform the Company without delay so that the Company can take appropriate measures and stop further processing of this data and to destroy the collected data.

 

Data provision obligation

Article 40

In most cases, there is no obligation to provide personal data to the Company, but the natural person does so on a voluntary basis, in limited cases when contacting the Company and providing own contact information so that the Company can answer questions or requests.

In some cases, there may be a legal obligation to provide personal information. For natural persons who have the status of an Employee with the Company, the data submission obligations are prescribed by:

  •  Labor Law (“Official Gazette of RS”, No. 24/2005, 61/2005, 54/2009, 32/2013, 75/2014, 13/2017 – decision US, 113/2017 and 95/2018 – authentic interpretation),
  •  Law on Records in the Field of Labor (“Official Gazette of the FRY”, No. 46/96 and “Official Gazette of the RS”, No. 101/2005 – other law and 36/2009 – other law),
  •  Law on Contributions for Compulsory Social Insurance “Official Gazette of RS”, No. 84/2004, 61/2005, 62/2006, 5/2009, 52/2011, 101/2011, 7/2012 – harmonized din. ., 8/2013 – adj. amounts, 47/2013, 108/2013, 6/2014 – adj. amounts, 57/2014, 68/2014 – other law, 5/2015 – adj. amounts, 112/2015, 5/2016 – adj. amounts, 7/2017 – adj. amounts, 113/2017, 7/2018 – adj. amounts, 95/2018, 4/2019 – adj. amounts, 86/2019, 5/2020 – adj. amounts, 153/2020, 6/2021 – adj. amounts9

 

Recipients of personal data – authorized third parties

Article 41

Personal data is processed and used primarily by the Company.

In some cases, it may be necessary for the Company to make the data available to third parties. These are authorized third parties, i.e. economic entities that are engaged in provision of personnel, accounting, legal, analytical or other services to the Company. In order to ensure that the Company handles personal data in a lawful manner, the Company has entered into appropriate agreements with authorized third parties relating to the processing of personal data which, inter alia, prescribes the obligation of such persons to handle data exclusively in accordance with instructions of the Company and this Rulebook, so that every person, regardless of the stated processing, has the rights established by the law and this Rulebook.

Data collected by the Company from Employees for the purpose of fulfilling employment obligations are processed by Dragana Kovačević PR AŽIO, 2 Vuka Karadžića str., 11000 Belgrade – Stari grad, Republic of Serbia, registration no.: 63635308, tax ID no.: 108695977, for the purpose of calculation and payment of salaries and related taxes and contributions.

Also, in certain legal situations, there may be a legal obligation for the Company to make personal data available to the competent authorities (e.g. court, district attorney, etc.).

 

International data transfer

Article 42

The Company uses personal data on the territory of the Republic of Serbia.

Transfer of data abroad is possible only and exclusively when the contractual obligation of the Company can be fulfilled only and exclusively by submitting certain data abroad, and only to the extent necessary for the fulfillment of that contractual obligation.

The Company may use external service providers such as Google, with which it has concluded appropriate standard agreements that allow the processing of certain data in accordance with the provisions of these agreements and the GDPR, which provide the highest level of data protection and compliance with this Rulebook.

In the event that the Company needs to make personal data available to recipients in countries deemed not to provide an adequate level of protection of personal data, the Company undertakes to provide an appropriate basis for such transfer, including the possible application of appropriate standard contractual clauses, made by competent supervising authority, i.e. other appropriate protection measures, by which the recipient will be obliged to protect personal data in a manner that is in accordance with the standards of protection established by the regulations of the Republic of Serbia.

 

Data retention period

Article 43

The Company stores personal data only to the extent necessary to achieve the purpose for which the data was collected, and then safely removes and deletes it from its systems.

The data on the person to whom this Rulebook applies is kept by the Company for the shortest necessary period, except when the regulations oblige the Company to keep the data for a certain period of time. When the period for keeping personal data is prescribed by law, the Company will retain the data within the prescribed legal period. After fulfilling the purpose, i.e. the expiration of the legally prescribed period for data storage, the data will be permanently deleted.

Data on Employees are kept permanently, as demanded by law.

User data is stored for 2 years upon the termination of the user relationship, after which it is permanently deleted.

 

Rights related to the personal data processing

Article 44

The natural person to whom the data relates under certain conditions has rights related to the processing of personal data, which are guaranteed by law, as follows:

  •  Right of access – a natural person has the right to request information on whether the Company processes personal data, as well as access to such data. At the request of the person, the Company will provide a copy of the data it processes.
  •  Right to rectification – a natural person has the right to correct inaccurate data related to him without undue delay, as well as to supplement incomplete data, which includes giving an additional statement.
  •  Right to erasure – a natural person has the right to request the deletion of his data, in particular:
  1. a)if the data are no longer necessary for the purpose for which they were collected or otherwise processed,
  2. b)if the consent on the basis of which the processing was performed has been revoked, and there is no other legal basis for the processing,
  3. c)if an objection to processing has been filed in accordance with the law.
  •  The right to restriction of processing – a natural person has the right to restrict the processing of data if one of the following cases is met:
  1. a)the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data,
  2. b)the processing is unlawful, and the data subject opposes the erasure of the personal data and requests the restriction of their use instead,
  3. c)the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise, or defense of legal claims,
  4. d)the data subject has objected to processing pursuant to legitimate interest pending the verification whether the legitimate grounds of the controller override those of the data subject.
  •  Right to object – if the person considers that it is justified in relation to the special situation that occurs, the natural person has the right to object at any time to the processing of personal data based on the legitimate interest of the Controller, including profiling that is based on these provisions.
  •  Right to data portability – a natural person has the right to receive personal data previously provided to the Company from the Company in a structured, commonly used and electronically readable form and the right to transfer this data to another controller without interference, if processing is based on consent or contract and if done automatically. Also, a natural person has the right to have this data transferred directly to another controller if it is technically feasible.
  •  Right to revoke consent – if the processing is based on the consent of the person, the natural person has the right to revoke the consent at any time, where the revocation of consent does not affect the admissibility of processing based on consent before revocation.
  •  The right to file a complaint – a natural person has the right to file a complaint regarding the processing of its personal data to the Commissioner for Information of Public Importance and Protection of Personal Data whose contact details are:

Commissioner for Information of Public Importance and Personal Data Protection

15 Kralja Aleksandra Blvd., Belgrade 11120

Working hours: Monday to Friday, 7:30AM – 3:30PM

Tel: +38111 3408 900, Fax: +38111 3343 379

Email: office@poverenik.rs

Website: www.poverenik.rs

 

 

Data security

Article 45

Data security is very important. Therefore, the Company takes physical, technical, and electronic protection measures to prevent accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access to personal data. These measures are aimed at both persons outside the Company and persons within the Company because access to data is limited only to those persons whose duties necessarily require such access and who have been instructed in the application of regulations on personal data protection.

As there are no impenetrable security systems, the Company cannot guarantee that the security of systems over which it has direct control will never be compromised. In case of breach of personal data, the Company will take all available measures and inform the competent authorities in accordance with regulations, as well as individuals (individuals) whose data are in question, whenever possible.

 

Obligations of the Company employees

Article 46

Employees are obliged to respect and protect the personal data they process.

Employees are allowed to process only those data to which they are allowed access, in accordance with the established job description, i.e., the work tasks they perform.

 

Special findings and provisions regarding the processing of personal data

Article 47

It is being determined that the Company is not obliged to make the assessment of the impact of processing on personal data protection and obtain the prior opinion of the Commissioner in terms of Article 54 of the Law on Personal Data Protection, because it does not conduct 1) systematic and comprehensive assessment of the condition and characteristics of individuals made by automated personal data processing, including profiling, on the basis of which decisions are made that are important for the legal position of an individual or affect the individual in a similar fashion; nor 2) process special types of personal data referred to in Article 17, paragraph 1 and Article 18, paragraph 1, or personal data related to criminal convictions and criminal offenses referred to in Article 19 of the Law on Personal Data Protection, to a large extent; nor does it perform 3) systematic supervision of publicly accessible areas to a large extent.

The company does not process data on the legal basis of legitimate interest under Article 12, paragraph 1. item 6) of the Law on Personal Data Protection, but for the sake of completeness of the legal regulation of the matter related to the protection of personal data, it is determined that the Commissioner is on its website on the page titled ” Legitimni interes kao pravni osnov za obradu podataka o ličnosti “, which is located at https://www.poverenik.rs/images/stories/dokumentacija-nova/ZZPLnajcescapitanja/latFAQ-Legitimni_interes_radna4.docx published a Document containing answers to the most frequently asked questions regarding the application of legitimate interest, as a legal basis for processing personal data in the version 1.0 from 12.5.2020. (hereinafter: the Document), in which it is explicitly written: 1) that there is no explicit obligation of the controller to perform a careful assessment of the fulfillment of conditions for the application of legitimate interest as a legal basis for processing before starting the intended processing of personal data, and 2) that there is no binding form in which the aforementioned act should be made. In accordance with the Law on Personal Data Protection and the Document, it is being determined that the Company has the legal ability to process personal data on the basis of legitimate interest without adopting any act (in any form) relating to the assessment of eligibility for legitimate interest as a basis for processing of personal data, because such an obligation does not exist.

 

Article 48

The user undertakes to ensure security, data integrity and access rights to resources within his own computer network connected to the Internet.

 

Article 49

All general acts of the Company must be in accordance with this Rulebook on the Protection of Personal Data. If any general act of the Company is not in accordance with this Rulebook regarding the protection of personal data, the provisions of this Rulebook shall apply.

6. NOTIFICATIONS

Article 50

The user agrees that the Company may periodically send to the user notifications related to the content of the Service, notifications concerning the Service and/or the Company, as well as advertising messages.

7. COLLECTION AND COMPLAINTS

Lack of delivery of goods

Article 51

The Company does not deliver any goods, nor does it mediate in the delivery of goods.

 

Pricelist

Article 52

The Company makes collections in the name and on behalf of the parking service provider and applies the price list provided by the parking service provider stated on the Service.

 

VAT statement

Article 53

VAT is included in the price and there are no hidden costs.

 

Conversion statement

Article 54

All payments shall be made in the local currency of the Republic of Serbia – dinar (RSD). The middle exchange rate of the National Bank of Serbia is used for informative presentation of prices in other currencies. The amount for which the payment card is charged will be expressed in the local currency of the payer through conversion into the same at the exchange rate used by card organizations, which at the time of the transaction may not be known. As a result of this conversion, there is a possibility of a slight difference from the original stated price.

 

Protection of confidential transaction data

Article 55

When entering payment card data, confidential information is transmitted via the public network in a protected (encrypted) form using SSL protocols and PKI systems, as currently the most modern cryptographic technology.

The security of data during the purchase is guaranteed by the payment card processor, Banca Intesa ad Belgrade, so the complete billing process is performed on the bank’s website. At no time is payment card information available in the Company’s system.

 

Refunds

Article 56

In the case of a refund to a user who has previously paid with one of the payment cards, in part or in full, regardless of the reason for the refund, the Company is obliged to refund exclusively through VISA, EC/MC and Maestro payment methods, which means that the bank will, at the request of the seller, refund the funds to the cardholder’s account.

 

User privacy protection

Article 57

The Company is committed to protecting the privacy of all users. The company collects only the necessary, basic data on users and data necessary for business and informing users in accordance with good business practices and in order to provide quality service. The company provides users with a choice including deciding whether or not to delete their data from the mailing lists used for marketing campaigns. All user data is strictly kept and is available only to employees who need this data to do perform their work tasks. All employees of the Company (and its business partners) are responsible for respecting the principles of privacy protection.

 

Complaint policy

Article 58

As the Company provides the information society service, it is not possible to file a complaint against the performed service of the Company.

The information society service provided by the Company was fully performed because the provision of the service began after the explicit prior consent of the user to use the service.

All possible complaints that the user of the parking service shall be submitted directly to the parking service provider.

8. COPYRIGHT

Article 59

The Company has the exclusive copyright and intellectual property rights on the Service, as well as on all individual elements that the Service consists of, such as: text, visual and audio elements, visual identity, data and databases, program code and other elements of the service, which the Company is author or bares copyrights.

 

Article 60

Unauthorized use of any part of the Service, or the Service as a whole, without the express prior written permission of the Company as the holder of the exclusive copyright, will be considered a violation of the Company’s copyright and is subject to all legal proceedings to the full extent of the law.

 

Article 62

The Service may also contain elements on which exclusive copyrights, trademarks and other intellectual property rights have other persons, such as the contents of the Service users, aggregated publicly available content, the content of business partners, advertisers, and the like. Third parties have the sole responsibility for the content on which they are holders of these rights, regardless of the fact that such content is placed on or accessible via the Company’s Service.

 

Article 62

By posting content on the Service, the user agrees to make it visible to every visitor to the Service, under the conditions and in the manner set out in these Terms of Use. Further transfer of the content of other persons or part of the content from any part of the Service is allowed only with the explicit prior consent of the Company, noting that the content is downloaded from the Service, indicating the appropriate link where the downloaded content is located. The Company has sole responsibility only for content on which it has copyright and related rights.

 

Article 63

Each person is independently and solely responsible for the content that is author’s work of that person, i.e., for the content that the person independently posted and made publicly available through the Service.

9. RIGHT TO REMOVE CONTENT

Article 64

The Company has the right, but not the obligation, to monitor all user activities, and content related to the Service. The Company may investigate all reported violations of the Terms of Use and other reports and may take any legal or technical action it deems appropriate. The Company will investigate the circumstances that may include these violations and may call for cooperation and cooperate with the competent state authorities during the identification, investigation, or criminal prosecution of persons involved in violations of the Terms of Use or violations of the law. The Company reserves the discretion to use all legal remedies, including but not limited to removing the user account and user content, and to immediately suspend all Company’s services used by the User, in the event of any breach of these Terms of Use, or in the event that the Company cannot check, or verify any information that the user sends to the Company.

10. ADVERTISING AND ADVERTISING MESSAGE

Article 65

The transmitter of the advertising message is the Company which is the provider of the information society service and provides the advertising service exclusively via the Internet.

 

Article 66

A person who advertises through the Service in accordance with Article 45 of the Law on Advertising is not obliged to submit the Declaration from Article 19 of the said Law, but is obliged to clearly identify itself, in order to use the advertising service.

 

Article 67

For the content, accuracy, and correctness, as well as the validity or permissibility of the advertising message, the responsibility lies solely with the person who entered the advertising message. For all legal consequences arising from the entry of the advertising message, only the person who entered the advertising message on the Service is responsible.

 

Article 68

The Company reserves the right not to publish content that violates the provisions of the laws of the Republic of Serbia, and in particular the Law on Advertising. In the event that such an ad is received, the Company will contact the advertiser to modify the advertising message. The Company may at any time, in its sole discretion, refuse to post any advertising message, in particular ads that involve any form of discrimination, human rights violations, or ads that the Company suspects are fraudulent.

 

Article 69

The Company does not mediate in the lease of real estate by transmitting advertising messages. The process of mediation in the lease of real estate is not initiated, nor is the mediation relationship established by placing an advertisement. Also, by transmitting advertising messages, the Company in no way determines or influences the content of any potential lease agreement concluded between the lessor and the lessee.

11.  REGISTERED USERS

Article 70

Registration of users (legal or natural persons) on the Service is not subject to any payment.

User registration (legal or natural persons) is available to all visitors.

During the registration, it is necessary for the natural person, i.e., the legal representative of the legal entity, to fill in the form with the required data. This data is used in the manner prescribed by the Rulebook on Personal Data Protection and the law.

By registering on the Service, individuals receive the functionalities of the Service that are available at the time of actual access to the Service.

12. LIMITATION OF LIABILITY

Article 71

Users use the Service solely at their own risk. The User expressly accepts that the Company cannot be held responsible for the behavior of other users or third parties, and that the risk of possible damage is borne entirely by those persons, in accordance with the applicable legislation of the Republic of Serbia.

 

Article 72

The Company does not guarantee the accuracy, reliability, or the content posted by third parties. As an information society service provider, the Company is not responsible for any content posted by another user, including but not limited to the message it transmits, as it neither initiates the transmission, nor selects the content to be transmitted, nor excludes or modifies it. data in the content being transmitted, nor has it selected the recipient of the transmission or the recipient of the content.

 

Article 73

Disclaimer applies to all damages (material and/or non-material), or injuries that may result from hidden defects, errors, interruptions, deletions, malfunctions, delays in the operation or transmission of computer viruses, communication interruptions, theft, destruction or unauthorized access to data, change or misuse of data by third parties, termination of the contract, conduct contrary to the Terms of Use, negligence, etc.

 

Article 74

Except in case of intent or gross negligence, the Company is not responsible for any temporary unavailability of the Service, nor for partial or complete non-functioning or malfunction of the same. The Company is not responsible for technical problems that may lead to delays and/or incorrect processing of electronic data, including the system clock. Internet service providers are responsible for the above.

 

Article 75

The Company does not guarantee the actions of third parties or its users. The Company, amongst other, does not provide any guarantees that the provider of parking service will provide such service whatsoever.

 

Article 76

Service may be temporarily unavailable or available to a limited extent, as a result of regular or extraordinary system maintenance, or in the event of a system upgrade.

13. JURISDICTION AND DISPUTE RESOLUTION

Article 77

The provisions of these Terms of Use shall be construed in a manner that contributes to the performance of contractual obligations for the benefit of all parties.

 

Article 78

Regulations of the Republic of Serbia apply to everything that is not regulated by these Terms of Use.

The current regulations of the Republic of Serbia shall apply to all disputes that may arise between the Company and the users regarding the use of the Service.

 

Article 79

The user who is a legal entity and the Company undertake to try to resolve all possible disputes that arise during the user relationship amicably, and if they fail to do so, the Commercial Court in Belgrade will be competent venue for the dispute resolution.

 

Article 80

The user who is a natural person (who has the status of a consumer) and the Company undertake to try to resolve all possible disputes that arise during the duration of the user relationship amicably. In accordance with the above, the Company, as a trader, informs every natural person who has the status of a consumer, that the consumer has the right to resolve disputes between consumers and traders by out-of-court consumer dispute resolution, in terms of the Law on Consumer Protection, before the bodies for out-of-court consumer dispute resolution listed in accordance with the said law. If they fail to do so, the court in the place of residence or stay of such consumer in the Republic of Serbia will have jurisdiction, with the application of the law of the Republic of Serbia. A natural person who has the status of a consumer may initiate a court or out-of-court procedure for resolving a consumer dispute only after receiving a response to the complaint in accordance with the provisions of Law on Consumer Protection.

14. FINAL PROVISIONS

Article 81

The Company reserves the right to make changes and amendments to these Terms of Use in accordance with the changed conditions of doing business and in accordance with its business policy.

 

Article 82

The Company undertakes to inform the User about changes or amendments to these Terms of Use in an appropriate manner, eight days before the amendments or amendments enter into force, by publishing the amendments in consolidated text on the website or send an e-mail to all registered users or to notify users through the Application, at least eight days before the date of their application.

If the already registered user does not give an explicit reply within the specified period (by clicking on the link to accept the Terms of Use), it will be considered that registered user agrees with the new Terms of Use. If the already registered user does not explicitly (by clicking on the link for non-acceptance of the Terms of Use) does not accept these Terms of Use, it will be considered that his user status has ceased, all rights and obligations have ceased, and the contractual relationship is terminated. With the entry into force of the new user conditions, the acquired user rights are not affected.

 

Article 83

These Terms of Use shall enter into force on the eighth day from the day of adoption, i.e., publication on the Company’s bulletin board and/or electronic bulletin board and/or the Service’s website, in accordance with Articles 7-10 of the Law on Electronic Document, Electronic Identification and E-Commerce Trusted Services. Each printed copy of these Terms of Use has full legal effect based on the provisions of the said law, and its validity or probative value cannot be disputed.

In Belgrade,

Adopted and published on: 25.02.2022

Enters into force and applicable as of: 01.03.2022.

 

LAKO PARKIRAJ DOO BELGRADE

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