General Terms and Conditions for advertising and GDPR on Buspark.com and Buspark.cz
These General Terms and Conditions (hereafter the "Terms ") are valid and effective from 24.05.2018.
By checking and confirming the field "I have read and agree to the general terms and conditions of the Buspark.cz and Buspark.com server", you accept these General Terms and Conditions and of the Buspark.cz and Buspark.com server.
- Article 1 General
BUSPARK, s.r.o. company, based in Prague 8, Gabčíkova 1225/6, - Libeň 18200, Tax ID: 05667623, registered in the Commercial Register of the Municipal Court in Prague, Section C 268635, is the operator of the Internet server Buspark.cz and Buspark.com (hereinafter referred to as the "Operator "), available online at (URL): https://www.buspark.cz a https://www.buspark.com
https://www.buspark.cz and https://www.buspark.com (hereinafter referred to as "Server Buspark" or "Server"), on which goods to offer are displayed (hereinafter referred to as "Advertisements" or if only one as "Ad") of advertising server users (hereinafter also referred to as "Advertisers" or if only one as "Advertiser"), as described below.
Server Buspark is not involved in the relationships between Advertisers and interested buyers, or buyers, or in the capacity of an intermediary nor as a party or representative of any party. Agreements and contracts that were initiated as a result of advertising on the Server Buspark are concluded and implemented without any involvement of the Server.
- Article 2 Description of Server Buspark Services
The Server Buspark is focused on displaying individual Advertisements of Advertisers to offer and sell goods to those interested in buying such goods (hereinafter referred to as "Applicants" or if only one as "Applicant"), and allows candidates to browse all Advertisements published on the Server.
he Server Bus Park promotes websites www.buspark.cz and www.buspark.com and Advertisements of Advertisers placed on the sites at their own expense and through third parties, in particular by placing Advertisements, or parts thereof on other websites, in software applications, in emails or printed media. For this purpose, the Server Buspark may provide third parties with access to data, information and content published on the Server Buspark. Advertisers hereby agree that Advertisements can be translated prior to their inclusion on foreign websites, servers or software applications.
- Article 3 Advertiser Registration
Advertisements may be placed on the Server Buspark only by registered users of the Server. Registration on the Server is free of charge.
The Advertiser agrees that all the data relating to their person, which are placed onthe Server Buspark , especially e-mail addresses and telephone numbers, will be processed by the Operator for the purpose of contacting the Advertiser by a potential Applicant for the Ad.
The Advertiser for this purpose agrees that the Operator may process their personal data. This consent may be revoked at any time by a written application delivered to the seat of the Operator.
The registration can be made only by a legal or natural person eligible for legal acts without restrictions.
All information to be stated during the registration by the Advertiser or registered Applicant (hereinafter referred to as "Users" or if only one as "User") must be truthful, complete and correct. The registration requires a valid e-mail address. The User must select a personal password during the registration that must be kept secret and must not under any circumstances be disclosed to third parties.
The Operator is not liable for misuse of the user account of the Users or their personal data by a third party if the User had disclosed their user account and password details to a third party or enabled such a third person access to the data.
In the event that the information provided during the registration changes at a later date, the User shall promptly update this information in his user account.
Each User may register only once at the Server Buspark. Registering more than one user account per user is not allowed. Bypassing such a condition is prohibited. All user accounts are non-transferable.
The Server Buspark reserves the right to delete user accounts that have been inactive for a period of 12 months.
- Article 4 The requirements for the content and organization of advertising
On the Server Buspark only the sale of motor vehicles falling into the category of buses can be advertised. The bus is a motor vehicle designed to carry a greater number of people on the road (hereinafter referred to as "Coach" or as "Vehicle").
Advertisements used to promote the following goods and services in particular are prohibited:
Closing leasing, lease or lender agreement or any other form of financing or transfer of user rights.
Brokering the sale of motor vehicles or motor vehicle leasing.
Purchasing motor vehicles or other objects of all kinds.
Sales of spare parts and accessories for motor vehicles.
Sales or promotion software.
Sales or promotion of services.
Advertisers are required to provide true, complete and correct information on Vehicles sold, especially as regards the date of their registration and mileage, legal relations of the Vehicle and other information in the Ad.
Vehicles with a changed engine or the tachometer must be clearly marked as such. In this case, the actual mileage of the Vehicles must be published. Incorrect information provided by mistake (such as typos) must be removed without delay after they are discovered.
The Advertiser must indicate if the Vehicle has significant defects and that these defects have not been repaired. If the Vehicle has significant defects, the Advertiser is obliged to tick "Yes" next to the option “Damaged vehicle” in the menu when inserting the Vehicle information.
A significant defect, which has not been repaired , concerns especially damage to the engine and gearbox, damage caused by traffic accidents, fires , hailstone or water and other defects that cannot be repaired or which can be repaired unless considerable financial means are invested. Considerable financial means are equal in this case to at least 20 % of the sale/purchase price of the Vehicle. Minor damage is excluded from this requirement and should be included in the text of the "Description" field. The duty to disclose all known defects and repaired defects remains unaffected.
It is not permitted to advertise more than one Vehicle in one Advertisement.
The User undertakes to attach such photographs to the Ad which may be used without restriction. The Advertiser is responsible for the fact that the content of Advertisements and/or photographs or other files attached to tAdvertisements will not affect the rights of third parties. The Operator is not responsible for potential intervention into the rights of third parties caused by the Advertiser.
The photographs used must not be misleading and must reflect the actual state in which the Vehicle is being offered in the Advertisement. If the User uses images from a catalogue, the use of such photographs must be mentioned in the field "Description" of the Advertisement.
In the event that the Advertiser attaches photographs to the Ad of which they are the author, by placing the Ad on the Server they provide the Operator with a non-exclusive license to use the photographs for the time the Advertisement is published on the Server and to the ways of using them in accordance with the purpose of the Server Buspark and in accordance with these Terms and Conditions.
The Operator reserves the right to remove such photographs from the Server that do not meet the rules set out in these Terms and Conditions.
Ad texts or files attached to an Ad published on the Server must not contain commercial messages, advertising, URL address/addresses, email address/ addresses or any other contact information for individuals and legal entities whose purpose is to promote the activities listed in Article IV Sec II hereof by such persons. There also must not be published ads on the Server containing contact information for individuals and legal entities or websites outside areas designated for such data.
Advertisements containing advertising for advertising servers with the same focus as the Server Buspark are prohibited.
The Operator reserves the right to remove Advertisements that violate the requirements set out in these Terms and Conditions or are in breach of their rights and legitimate interests or the rights and legitimate interests of third parties without compensation.
- Article 5 Privileged advertisements
Highlighted and topped Advertisements on the Server Buspark are charged.
Topped Advertisements are displayed on the Server in privileged positions. A privileged position is the first position in the list of Advertisements. The duration of such a benefit is 7 days. After this time, the Ad on the Server appears as unprivileged. This does not affect the provisions of Article 5 Sec. IV.
By topping Advertisements by Advertisers during the period of 30 days, during which the Advertisement is displayed on the Server, there is no extension of the time advantage of advertising and the Advertisement will be displayed on the Server in accordance with Article 9 for 30 days, unless a longer period is subscribed.
Privileged Advertisements remain in the list of Advertisements on the Server in the privileged position until the moment another privileged Ad by another Advertiser takes their place. At the time of topping another Advertisement by another Advertiser, the previously topped Ad moves onto the second most privileged position. Other Advertisements are moved in the respective manner.
- Article 6 Deleting ads, ad blocking and other measures
The Server Buspark can accept and adopt the following measures if it has reasonable grounds to suspect a violation of the law, the rights of third parties or these Terms and Conditions, or if the Server Buspark has legitimate reasons for these measures (especially in the case of late payment ):
Removal of Advertisements or other contents stored on the Server Buspark
Delaying the publication of an Advertisement or any other content stored on the Server Buspark
Publishing a warning notice to Users
Limiting or avoiding the use of the websites of the Server.
Blocking parties from using the Server for a limited period of time.
Suspending Users permanently from using the Server.
If a User is suspended, they cannot use the websites of the Buspark Server and cannot register a new user account as an Advertiser or a registered Applicant.
The Operator is entitled in the event that the Advertiser has a receivable for the due date on the products and services provided by the Operator not to publish Advertisements by the Advertiser until full repayment of the debt.
The Operator is entitled in the event that the Advertiser has a receivable for the due date on the products and services provided by the Operator 30 days overdue to delete the Advertisement of the Advertiser.
Users may terminate the use of the services of the Server Buspark at any time. For this purpose, the User may delete the user account at any time.
- Article 7 Payments
Payment for the publication of Advertisements on the Server can be done by credit card, PayPal or via a bank transfer to the Operator.
Payment for Advertisements published on the Server is payable in advance, prior to the Ad being published on the Server Buspark.
- Article 8 Prices , price list changes and changes in the general business conditions
Advertisements are charged according to the valid price lists (hereinafter the "Price") of the Server Buspark available on the website (URL): https://www.buspark.com/pricelist
The Operator reserves the right to change prices at any time.
Price adjustments of the services on the Server must be notified by a change of the Price list published on the Server Buspark via the Internet , indicating the modification date. New prices for server services are valid and effective for Advertisements placed in the database and extended according to the date of said changes or modifications. Such advertising that is active during the Price list change expires according to the previous conditions.
The Server Buspark has the right to change the General Terms and Conditions at any time without giving any reasons. New policies will be published to Users before inserting or extending Advertisements. Users must adopt new policies before new Advertisements are added or existing Advertisements extended. User account management and maintenance of existing Advertisements may continue without accepting new conditions. If the User does not accept the new conditions, they may delete their user account at any time.
- Article 9 The rights and obligations of parties
Only the Advertiser is responsible for the content of the Ad. The Operator is not responsible for the content of Advertisements. The Advertiser is obliged to place such Advertisements which comply with these Terms and Conditions and the applicable law. The operator does not check the accuracy or completeness of the Advertisement. The Operator assumes no liability and responsibility for compliance of Advertisements with statutory regulations.
The Operator assumes no liability arising from the fact that the contractual relationships established or closed based on Advertisements on the Server Buspark are unenforceable under the national law of the particular State.
The Advertiser shall give complete and truthful information about the offered goods in the Ad and especially such concerning the functionality of the goods, their real state, possible damage, wear, defects and conditions of sale.
The Advertiser must fill in all fields marked as mandatory within the interface when placing the Ad; in particular, they are required to provide truthful information about themselves, an e -mail address and telephone number. The Operator reserves the right to remove without compensation from the Server such Advertisements that do not include contact information, are incorrect or out of date. The range of Advertisement shall not exceed the limits for placement of advertisements specified on the Server Buspark.
The subject of mutual rights and obligations between the Advertiser and the Operator is especially the entitlement of the Advertiser to place Advertisements on the Server and the corresponding obligation of the Operator to place such an Ad on the Server under these Terms and Conditions and also the right of the Operator towards the Advertiser to charge a price for such a placement according to the valid Price list and the corresponding obligation of the Advertiser to pay that price.
Advertisements on the Server are charged. The Advertiser has the option to pay for a topped Ad on the Server.
An Ad placed by the Advertiser on the Server is displayed on the Server for 30 days. After a period of 30 days from the date of the insertion of the Advertisement the Advertisement will no longer be displayed on the public part of the Server, but only in the administration interface of the Advertiser. After a further period of 30 days the Advertisement will be completely deleted from the Server.
An Ad deleted by the Advertiser will not appear on the public part of the Server, nor in the administration interface of the User.
The Applicant shall contact the Advertiser via the contact form which is shown in the details of the Advertisement. The Operator shall send the content of the contact form to the email address of the Advertiser which the Advertiser provided during the Registration procedure on the Server. The Applicant has the opportunity to contact the Advertiser also directly at the telephone number provided by the Advertiser, unless the Advertiser had disabled the display of their phone number.
The Advertiser is entitled to remove their Ad from the Server at any time.
The Operator only allows the Advertiser to find potential clients through Advertisements placed on the Server. The Operator makes no warranties and assumes no liability for defects, quality or origin of the goods offered, or their fitness for the purpose for which they are intended. The Operator is not responsible for any fulfilment of mutual obligations between the Advertiser and the Applicant arising out of any contract of sale, especially for the timely and proper delivery of the goods in the quality as advertised and for timely and proper payment of the purchase price. The relationship between the Advertiser and the Applicant shall be governed by the provisions of Act No. 89/2012 Coll., The Civil Code, as amended. The responsibility for the delivery, receipt and payment of goods lies only within the Advertiser and the Applicant.
The Operator is entitled to suspend or remove such Advertisements which violate any provision of these Terms and Conditions, even without a prior call for remedy and without compensation according to Article 6 hereof.
The Operator is entitled to exclude the Advertiser from the system and /or deny them access to the Server, especially because of a breach of any provision of these Terms and Conditions.
The Operator is authorized to remove ads, if required by changes to the server or the legitimate interests of the Operator or the protection of the rights of third parties to such removal is authorized operator without giving a reason.
The Operator reserves the right to determine the manner of displaying Advertisements on the Server Buspark.
The Operator reserves the right to verify the validity of the specified phone number and email address of newly registered Advertisers. In the event that the Advertiser fills in a phone number or email address which is not authenticated by the Operator, the Operator reserves the right not to publish such Advertisements until the phone number or e-mail address is verified by the Operator.
The Operator does not guarantee continuous and trouble-free operation and security of the Server system. The Operator assumes no liability for interruption of service due to technical problems and no liability that may arise from causing damage or loss to the Advertiser or the Operator due to a total or partial system failure of the Server or loss of data stored on the server system.
- Article 10 Handling a search within databases and system integrity violation
The Users may search a vehicle in the Server databases only through the Buspark search masks. It is prohibited to access the database especially through searchware or other similar methods. A violation of this provision shall lead to criminal legal proceedings for infringement of intellectual property rights.
- Article 11 Copyrights
All data, information, company logos, texts and advertising images placed on the Server Buspark are subjected to copyright law.
- Article 12 Final provisions
The Operator reserves the right to change these Terms and Conditions by publishing a new and full version of the Terms and Conditions on the Internet website:
The User is obliged to regularly familiarize themselves with changes of the Terms and Conditions. If the User continues to use the services of the Server after a change by the Operator, it is considered that they unreservedly agree with the change in the Terms and Conditions.
The Parties shall submit to laws of the Czech Republic by accepting the contractual relations arising from the following Terms and Conditions based contractual relations. For mutual lawsuits arising from these contractual relations the parties concerned agree with the deployment of the Czech law.
Personal Data Processing Notice to Data Controller’s Clients
pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council – ‘GDPR’
- Article I Controller of Personal Data
1) BUSPARK, s.r.o., registered office in Prague 8, Gabčíkova 1225/6, Prague 8 – Libeň 18200, Company Reg. No.: 05667623, entered in the Commercial Register kept by the Metropolitan Court in Prague, section C, file 268635, operates the Buspark.cz and Buspark.com websites available at https://www.buspark.cz and https://www.buspark.com; these display goods offers of the users advertising on the websites.
- Article II Purposes of Personal Data Processing
1) We process the following personal data as the data controller:
a. Name and surname
b. Address of residence
c. Email address
d. Telephone number
e. Bank account number
2) Your personal data are processed for the following purposes:
a. Carry out the measures adopted prior to entering into the contract;
b. Perform the advertising contract;
c. Communicate with you;
d. Arrange for communication between you and our websites’ users, whether registered or not;
e. Keep records of expenses and revenues, payments received and business records as required by tax and accounting regulations.
- Article III Legal Basis for Processing Personal Data
1) The legal basis for processing the client personal data listed in Article II in the meaning of Article 6(1) of GDPR is:
a. Compliance with statutory requirements, particularly Act 563/1991 Sb., Act 586/1992 Sb. and Act 634/1992 Sb.;
b. Compliance with the obligations under the advertising contract, under which the data controller operates the advertising websites.
- Article IV Recipients of Personal Data
1) In accordance with the operation of the advertising services, your personal data, namely your name and surname, address, and telephone number where applicable, are displayed both to registered and non-registered website users, in the details of each advertisement.
2) The email address is transferred to the advertiser if contact form is used.
3) In accordance with legal regulations, public bodies may also be the recipients of personal data, in addition to the subjects of personal data.
- Article V Duration of Processing Personal Data
1) Any personal data processed in connection with performing the advertising contract will be processed no shorter than the completion of contract performance and no longer than one year after all obligations resulting from the said contract have been discharged.
2) Any personal data processed because of statutory duties will be processed as long as may be necessary to comply with the Data Controller’s statutory duties.
- Article VI Rights of Data Subjects
1) You have the following rights concerning personal data privacy:
a.) Right to request us to provide you with access to your personal data;
b.)Right to have your personal data we process rectified;
c.)Right to the restriction of processing. Restriction of processing means we have to mark those personal data of yours which have been processing-restricted and we are not permitted to process them as long as the restriction applies (but are allowed to store such data). You have the right to the restriction of processing if
i. you contest the accuracy of the personal data, for a period enabling the controller to verify the accuracy of the personal data;
ii. the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;
iii. we no longer need the personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defence of legal claims;
iv. you have objected to processing pursuant to Article VII pending the verification whether our legitimate grounds override your interests or your rights and freedoms;
d.) Right to erasure. Your right to erasure only applies to those personal data we process for purposes other than making health insurance and social security payments, paying personal income tax, administering wages and salaries, keeping industrial injury and occupational disease records, making deductions from wages and salaries, and keeping our business records;
e.) Right to data portability. You may request us to (i) provide you with your personal data for you to transfer those data to a different data controller or (ii) transfer your personal data to a different data controller. You only have this right in respect of those data we process automatically upon your consent or a contract with you.
f.) Right to complain with the supervisory authority if you believe the processing of personal data infringes legal personal data privacy rules. You may lodge your complaint with the supervisory authority for your habitual residence, your place of work or the place of the alleged infringement. The Czech Republic’s supervisory authority is Úřad na ochranu osobních údajů, Pplk. Sochora 27, 170 00 Prague 7, www.uoou.cz.
- Article 5 Article VII Right to Object to Processing
If the Data Controller processes personal data in his legitimate interest, the client may object to such processing any time. Objections are to be posted to the Data Controller’s registered office: Žďárecká 177, 549 32 Velké Poříčí. The Data Controller may continue processing after receiving objection only if the Data Controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the client or for the establishment, exercise or defence of legal claims.
These Terms and Conditions and GDPR come into effect with their publication 24.05.2018.