May 1, 2018

General Terms of Use for the “Trusted Shop Program” run by Online Comparison Shopping Kft.

This General Terms of Use for the Trusted Shop Program (hereinafter referred to as TERMS) contains the terms of use for the services (hereinafter referred to as Service) provided by the Trusted Shop Program operated by Online Comparison Shopping Kft. (HU-1074 Budapest, Rákóczi út 70-72.; Company registration number: 01-09-186759; hereinafter referred to as: Árukereső) that are available to Users on the https://www.arukereso.hu website.

I. Introductory provisions

This TERMS shall concern all business organisations that have concluded an Agreement with Árukereső to present their offers on the website arukereso.hu (hereinafter referred to as arukereso.hu) based on the General Terms and Conditions of Árukereső (hereinafter referred to as User).
Upon entering its own account via the Partner Portal, User accepts this TERMS as fully binding.
In the course of using arukereso.hu, User shall be held liable to provide true and relevant data. If Árukereső learns that the data supplied by User contain (also) untrue elements, it shall be entitled to fully or partially limit User’s access to the Service.
Árukereső provides User with the opportunity to join the Trusted Shop Program via the Partner Portal, the first step of which is the act of accepting this TERMS. Thereby User acknowledges that it concludes an online agreement subject to this TERMS with Árukereső on the use of the Service (hereinafter referred to as Service) provided by the Trusted Shop Program run by Árukereső pursuant to Section 4 of Article 1. of Act CVIII of 2001 on certain issues of electronic commerce services and information society services^{^[1]}. This TERMS and any ad-hoc legal statement made on grounds hereof between Árukereső and User shall be deemed as in writing. Árukereső provides the appropriate communication channel for such ad-hoc legal statements.
Árukereső reserves the right to unilaterally amend or terminate this TERMS. About such amendments, Árukereső provides information in the form of a notice. The notice may be contained in a notification sent to the e-mail address supplied by User, a newsletter, a notice displayed on the Partner Portal or a dedicated platform of arukereso.hu. The uninterrupted use of the Service after any one of this TERMS is amended to shall be deemed as a tacit consent thereto. The termination by Árukereső will be sent to User in a notification as defined in this TERMS.

[1] Act CVIII of 2001 on Certain Issues of Electronic Commerce Services and Information Society Services (“Ekertv”)

II. Terms of Use for the Service

The terms of use for the Service are published by Árukereső in the menu item “Trusted Shop Program” on the Partner Portal that User has learnt and accepted as applicable in respect of this TERMS.
The User shall be liable for all the actions executed on the Partner Portal and logged by Árukereső.
User ensures that the data supplied to the Trusted Shop Program are correct and compliant. By applying for the Trusted Shop Program, User acknowledges that Árukereső acts in compliance with this TERMS.
The structure and organisation of the platform for the Trusted Shop Program on the Partner Portal are specified by Árukereső which has the right to make changes thereto without sending a prior notice to User.
If in the course of using the Trusted Shop Program User conducts themself in a way that is not compliant with this TERMS or its activity is deemed by Árukereső to mean a potential threat to its business interests, Árukereső shall be entitled to ban User from, or suspend or limit User’s access to the online commercial sites it runs.
User may exit from the Trusted Shop Program and terminate this TERMS on a dedicated site of the Partner Portal. Such statements shall be deemed as in writing.
Árukereső has the right to ban User from the Trusted Shop Program and the arukereso.hu website without explanation at any time and also without notice (which means suspension of the Service) if it finds User to misuse the Trusted Shop Program, in particular if
1. feedback from buyers/consumers alludes that User conducts themself in a way that is not permitted by law;
2. User supplied false data or corrupted settings in the course of the use of the Service, and
3. this TERMS is infringed.
Árukereső has the right to terminate this TERMS without explanation at any time and also without notice (which means cancellation of the Service). Árukereső shall communicate the termination to User in a way as defined in this TERMS.

III. Service-related Rights and Liabilities

Within the frameworks of the Trusted Shop Program, Árukereső provides customers with the opportunity to rate User and the products and services offered thereby. User ensures that all its customers are provided with the opportunity to rate it and the products and services it offers without any restriction. At the same time, User agrees not to apply any solution that would in any way hinder the customer from rating it and the products and services it offers or make a distinction in respect of customer ratings; purchases in which customer as data subject objects to the act of data processing are exempted from this rule. User acknowledges that such a rating is not a rating by Árukereső. Árukereső assumes no liability for the ratings User receives. User accepts that the rating is publicly available and will appear on www.arukereso.hu.
User shall be held liable to ensure that its own system (hardware and software components) is compatible with the technical requirements set by the Service.
User applies and may display on its online surfaces the visual solutions related to the operation of the Service (code-enabled Trusted Shop Program widget/web application, badge) only by way of the technical solution provided by Árukereső. User must not apply the visual elements of the Trusted Shop Program, in particular the trademarks of Árukereső, in a different way.
Any misuse (e.g. offering a gift or discount in return for a positive rating) in relation to the participation in the Trusted Shop Program perceived on the side of User shall be deemed as a cause for exclusion.
The website arukereso.hu is operated by Árukereső as an intermediary service provider and within the meaning of the provisions of Ekertv. Árukereső assumes no liability for third-party calls to action or offers announced on arukereso.hu, or agreements concluded or the failure to contract based thereon, or any defect in or the cancellation of the Service. Árukereső has the right but shall not be liable to check upon the content made publicly available on the www.arukereso.hu website. Furthermore, Árukereső is entitled but shall not be held liable to track signs of unlawful activity on the sites referred to by such content. For the content made publicly available on the www.arukereso.hu website, including any tangible or intangible damage caused directly or indirectly thereby, it is publisher who shall assume full liability.
Árukereső refrains from interfering with any legal dispute and transaction between User and customer, in particular consumer, and those arising between Users. Should any dispute arise, User exempts Árukereső from all claims, demands or damages.
All data, times and dates related to the legal relationship established based on this TERMS are stored on the closed IT-system of arukereso.hu. User, at the same time, acknowledges the data stored on Árukereső’s IT-system to be authentic.
In case a third party, authority or court initiates proceedings or has a request concerning the content made publicly available by User on the www.arukereso.hu website, User shall bear all related costs, expenses and damages. User also agrees to take all measures requested by Árukereső (e.g. in case of misuse or infringement, it makes a public or other statement assuming liability and clearly exempting Árukereső).
If any content made publicly available by User on the arukereso.hu website is infringing, Árukereső shall act in accordance with the Act CVIII of 2001 on Electronic Commerce and Information Society Services and the DSA and may remove the infringing content or the product page published by User upon being properly notified by the right holder. Árukereső shall co-operate with the authorities within the frameworks of the relevant and effective rules of law in order to call the offender(s) to account.

IV. Contacts

All notifications and legal statements related to this TERMS shall be sent by User to the e-mail address [email protected]. Notifications sent via e-mail shall be deemed as in writing and to be delivered on the business day following the day of sending.
Árukereső shall be held liable to send all notifications to the e-mail address User supplied via the Partner Portal. All such notifications sent via e-mail shall be deemed as in writing and to be delivered on the business day following the day of sending. In case of any change in the stored data, User shall be held liable to record and post such changes on Partner Portal without delay. For any damage on account of the failure of sending such changes, User shall assume full liability.
Árukereső’s customer service is available for User; all complaints or requests related to the service provided by arukereso.hu will be primarily received on a dedicated e-mail address.

V. Mandate to process data

Upon accepting this TERMS, User mandates Árukereső to process data, so that Árukereső can e-mail calls to action to customer connected to the purchases made on User’s website. To this end, User transfers customer’s e-mail address as personal data to Árukereső for the purpose of storage and sending request for an opinion.
The User who shall be held liable for the processing of personal data. User ensures that (i) customer is provided with adequate information on data protection and (ii) data processing complies with the applicable rules on data protection and, primarily, the provisions of the general data protection regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council, hereinafter referred to as GDPR) that is in force as of May 25 2018.
User ensures that the data processing activity it carries out in relation to the Trusted Shop Program complies with the criteria set forth in Article 6 of the GDPR.
Upon recording customer data, User shall inform customer as data subject about the fact that the above-mentioned personal data will be transferred to Árukereső acting as entrusted data processor, and also ensures that the data subject can exercise its rights laid down in the GDPR.
For the purpose of adequate information, Árukereső renders a sample information sheet that is available on the Partner Portal. User undertakes to adjust the information sheet and publish it in support of data subject’s adequate information in due time. User ensures that it has an information sheet displayed to the data subject and the content thereof is true and compliant. Árukereső excludes liability for the compliance of the sample information sheet.
Árukereső ensures that the data processing activity it carries out within the meaning of this Chapter complies with the provisions of the GDPR. When storing and processing the personal data of customers received from User, Árukereső shall act as instructed by User. In respect of the instructions concerning data subject’s personal data, Árukereső renders a solution that enables User to enforce the same rights over Árukereső (mainly access, erasure, objection, information) in the form of an ad-hoc legal statement as defined in this TERMS as the data subject exercises over User. User agrees that if the data subject objects to the processing of its personal data or requests these data to be deleted based on the GDPR, the processing of such personal data supplied by the data subject (in e-mail) must not be continued with.
Subject to the principle of data minimisation, User expressly authorizes Árukereső to automatically delete the stored personal data in 18 months after the receipt thereof.
The personal data stored by Árukereső based on a mandate from User may only be learnt by certain employees appointed by Árukereső, who also have access to the personal data stored in the database of the Trusted Shop Program. Under confidentiality, these persons undertake to keep all personal data they learn confidential and not to disclose those to any third party, for which Árukereső shall assume liability.
Árukereső shall refrain from hiring any further data processors for the purpose of sending e-mails and storing personal data specified in this chapter.
Árukereső shall provide sound technical and professional support to enable User to exercise its rights and fulfil its obligations related to the personal data it supplied to Árukereső for the purpose of storage. Árukereső may stipulate that providing such support – depending on the nature of the demand for support – is available for a compensation to be paid for by User.
After the end of providing the Service specified in this TERMS (termination), User may instruct Árukereső to irreversibly delete all personal data (the personal nature thereof), unless the law requires storage of the personal data. In case of deactivation, data processing, unless otherwise stipulated, shall be limited to the set of personal data stored by Árukereső, i.e. User shall not transfer any further personal data to Árukereső.

VI. The method of storing personal data and data security

Árukereső declares to have a Data Protection Officer as defined in the provisions of the GDPR and to keep records about its own data processing activity on behalf of User in a way that can be presented to the National Authority for Data Protection and Freedom of Information.
The IT devices used in the processing of personal data stored in accordance with this TERMS are selected and operated by Árukereső in a way where

they are accessible for the authorized (availability);
the authenticity and authentication thereof are ensured (authenticity);
their unalterability is verifiable (integrity);
they are protected against unauthorized access (confidentiality).

Árukereső implements appropriate technical and organisational measures to protect the security of personal data that ensure a level of security appropriate to the risk arising in relation to personal data storage and, in the course of processing, preserves

confidentiality: protects information and only allows authorised persons to access them;
integrity: protects the accuracy and completeness of the information and the method of processing;
availability: ensures that the authorised user, when in need, can effectively access the requested information and the underlying devices supporting this act are in place.

The IT system and network of Árukereső are protected against computer-aided fraud, spying, sabotage, vandalism, fire and flood, as well as different types of computer virus, computer hacking and attacks leading to service denial. Árukereső ensures security by using server-level and application-level protection.
In case of personal data breach, Árukereső, taking into account the recommendations of the Data Protection Officer (DPO), takes all the measures required by the GDPR, cooperates with User and declares to have an appropriate policy in place for the management of such breaches.
Priority shall be given to the confidential handling of the data stored by Árukereső. To this end, Árukereső may disclose User’s data to any third-party organisation only in response to a request directly oriented thereto. Such data may be made accessible to authorities and the court of justice only within the frameworks of the relevant laws.

VII. Applicable law, supervising authorities

To the legal relationship between Árukereső and User the laws of Hungary and the EU legislation, in particular the relevant provisions of Act V of 2013 on the Civil Code and those of the GDPR herein referred to shall be applicable. This TERMS contains the conditions supplementing the General Terms and Conditions of Árukereső on the Trusted Shop Program. To issues not provided for by this TERMS the General Terms and Conditions of Árukereső are applicable, whereby in case of discrepancy, the provisions contained herein shall be applied.

Any legal disputes that may possibly arise in relation to or from this Agreement shall be exclusively settled by the court being competent and having jurisdiction as per the registered seat of Árukereső.

VIII. Copyright provisions

The arukereso.hu is the intellectual property of Online Comparison Shopping Kft. that exclusively owns the licence.

Opinions as content created by means of the Service shall be deemed as the intellectual property of Árukereső, which Árukereső may use for its own business purposes without restriction. This rule also applies to any content related to which personal data have been deleted.

All content on www.arukereso.hu is legally protected! The content of www.arukereso.hu protected by copyright in databases may only be used with the prior written consent of Árukereső!