I/1. The person of the Operator
The present website is operated by AHI Roofing Ltd. (head office: 8100 Várpalota, Fehérvári út 28/14.; company registration number: 19-09-511580; e-mail: firstname.lastname@example.org, hereinafter: Operator, with regard to data management: Controller). The personal data given by users on the website are managed by the Controller.
I/2. The User
A User is any person who visits the website, makes use of its services, irrespective of whether s/he is registered or not. Certain services may only used by registered users.
I/3. Scope and modification of the Policy
The scope of the present Usage and data management policy (hereinafter: Policy) extends to the services provided and the data management in connection with the Operator’s present website (hereinafter: Website).
In the absence of a contrary provision, the scope of the Policy does not extend to services and data management which are connected with the promotions, prize draws or services of third persons advertising on the Website or otherwise appearing there, with their other campaigns or published content. In the absence of a contrary provision, the scope of the Policy does not extend to the services and data management of websites and service providers which links on the present Website may lead to.
The Operator reserves the right to modify the Policy. The Operator will inform users of previous modifications on request. The Operator will publish the modified policy, the modifications are only operative following publication. The Operator is not obliged to send users separate notification of the modifications.
I/4. The Operator’s activity, purpose of the Website
The Operator is an economic company dealing commercially with the sale and manufacture of Gerard roofing systems, offering its services not only within Hungary; its sales activities extend to Europe.
The purpose of the present Website is to present the products sold and services offered to all visitors, at the same time providing information on the availability of the products and services, on the person and activity of the Operator.
The purpose of the present Website with respect to registered users is to provide registered users with personalized information.
I/5. Authoritative law
The Operator is an economic company registered in Hungary, which primarily performs its activities under the authority of Hungarian legislation. If its service activity, also including advertising and sales activity, is directed beyond the borders of Hungary, the law of the target country is accordingly authoritative.
For such case that the application of a particular law may be stipulated, the Operator stipulates the application of Hungarian law.
For such case that there is room to stipulate the legal authority, the Operator stipulates the exclusive competence of the Hungarian authorities and courts with jurisdiction associated with his head office.
II/1. The legal basis and principles for data management
The personal data are managed by the Operator directly or through Data Processor.
The legal basis for the data management is the voluntarily given consent of the persons concerned. The present Policy qualifies as informing the one concerned.
The Operator only manages the personal data given by the one concerned, as well as those arising during his activity connected with the Website concerned. The Operator strives to fully enforce the rights of those concerned.
The operator manages all personal data for the purpose of providing and improving the Website services. Thus the purpose of managing the personal data is to identify persons concerned and to provide services, as well as to analyze and develop the Website. The Operator does not manage any data, the handling of which is not necessary for achieving these purposes.
The Operator strives to ensure that the following principles of managing the personal data fully prevail:
- personal data are only managed for a specified purpose;
- every stage of the data management conforms to this purpose, including the range of data managed;
- the uptake and management of the personal data is honest and legal;
- the data are accurate, complete and current;
- if it is not necessary to identify the person concerned, the data management is modified in such a way that the person concerned cannot be identified on the basis of the available data;
- the rights of the persons concerned correspondingly prevail.
II/2. Location of data management, authoritative law
The personal data are managed in the Operator’s head office, branch office, site or the premises of the data processor commissioned by the Operator. Decisions concerning the data management are made by the Operator.
In consideration of the specifications in point I/5, the controller is a Hungarian legal person, the location of data management is Hungary. Based on all this, for the management of personal data, the regulations of Hungarian legislation are authoritative, primarily Law CXII of year 2011 on the freedom of self-determination of information and freedom of information (Info Law) and the new data protection regulation of the European Union number 2016/679 (General Data Protection Regulation, GDPR, hereinafter: “Regulation” or “GDPR”).
Visiting the Website does not depend on registration, but some of the services are only accessible to registered users.
Registration may be done in the following ways:
- By importing a Facebook profile;
- By filling in a registration datasheet.
Users registered on the “Facebook” social site may register by importing their data entered on the Facebook social site into the Operator’s Website. In this case, the user must select the use of Facebook profile, then enter the login data and password used on the Facebook social site. After this, the Website will import the data entered on the Facebook social site, and the Operator will manage these. Subsequently, login to the Website will take place with the data used on the Facebook social site. If the user deletes his profile on the Facebook social site, login to the Website will no longer be possible. In this case, the user must register by giving a more recent Facebook profile, or by filling in the registration datasheet.
In addition, users may register by filling in a registration datasheet. It is obligatory to enter certain data on the registration datasheet, without entering the obligatory data, registration is not possible. The entered data are managed by the Operator.
II/4. The purpose and main rules for managing the personal data
The primary purpose of managing the data entered during registration is to identify the user, as well as to keep in contact with the user. Besides this, the purpose of managing the data is to provide the Website services, as well as improving the services, and furthermore to send newsletters and promotions to users.
When managing the data, the Operator proceeds in conformity with authoritative legislation.
The legal basis for data management is the assent of the person concerned in every case.
The Operator reserves the right to change the content of the registration datasheet, to delete individual data fields, or create new data fields, in particular if this is justified or necessitated by users’ requirements or changes in legislation. The Operator will inform the users of the changes. The Operator may not make changes to the entered data.
Besides the above, additional data management may be associated with certain services. The Operator will provide appropriate information on the details of this data management, in every case.
II/5. Access to managed data, forwarding and usage of the data
Those persons within the Operator’s scope of activity in particular agents, employees, have access to the data if they need them for performing their activities, provided they are aware of their obligations related to managing the data.
The Operator may only forward the managed data, or make them accessible to third persons, if the person concerned has expressly consented to this, or it is ordered by legislation.
In accordance with authoritative legislation, the Operator is entitled to make use of a data processor for the purpose of certain technical operations. The data processor is only authorized to implement the Operator’s decisions, in accordance with the Operator’s instructions. Making use of a data processor does not affect the Operator’s liability.
The Operator will utilize the data entered by the user in accordance with the specifications in point II/4, primarily for identification, keeping in contact, providing and improving services, and sending newsletters and promotions.
The Operator is entitled to use the data in a way unsuitable for personal identification, for statistical purposes. The Operator is entitled to use the technical data recorded on the basis of point II/11 for statistical purposes.
II/6. Data management for promotion and research purposes
The Operator is entitled to use the contact details entered by users (e-mail address, postal address, telephone number, other IDs used for keeping in contact) for the purpose of sending an electronic letter to the user in relation to the Operator, the Operator’s activity, as well as the Website for promotion purposes, a newsletter concerning the service, or a letter including advertising, and for information for this purpose to reach him. By registering, the user expressly consents to the Operator placing advertising in with information, the newsletter or other letters of notification.
By registering, the user expressly consents to have the operator send adverts by the direct search method, and to use his entered data for this purpose. The consent applies equally to approaches by e-mail, telephone, post or any other means.
Users consent to the Operator using the data generated while using the Website for advertising purposes in order to get personally targeted offers to the users which concern the addressees.
The Operator may use the managed data to personalize the advertising surfaces appearing on downloaded pages, as well as to select the page to be loaded when a user logs out. These operations are done automatically by a computer program, without human intervention.
The Operator may use the managed data for the purpose of surveys, market research, compiling a research sample, and for approaching users when doing research.
II/7. Duration of data management
The Operator will delete the entered data, if:
- managing them is unlawful, or deletion is ordered by legislation;
- the person concerned requests it;
- the data are incomplete or inaccurate, and this makes their usage impossible;
- the purpose for the data management no longer exists;
- this is ordered by an authority or court.
The user may request the deletion of his personal data. If the person concerned makes such a request, the Operator’s system will delete the data within five working days. Deletion of data which must be entered for registration will result in deletion of the registration.
When the personal data are deleted, the data will be made unidentifiable in such a way that the connection between the data and the person concerned can no longer be restored.
If a civil law relationship is established between the user and the Operator, civil law rules are also authoritative for management of the data. In this case, the personal data are to be managed in the interest of implementing the demands of civil law, or on this legal basis. If an official or court procedure is launched due to an illegal act by the user, in order to conclude this successfully, the Operator may manage the data in consideration of this legal basis.
If the above cases will not become relevant, the Operator will destroy the data 5 years after the last data processing procedure.
II/8. Rights of persons concerned, protection of the private sphere
The user has the right to correct his data, or to ask the Operator to correct erroneous data which he is not able to correct. The user has the right to delete individual data, or his whole registration. The user may request information on the management of his data. The Operator may also give the information in an electronic letter.
II/9. Deletion of the registration and the data at the request of the person concerned
The user may request the deletion of his registration. The Operator will comply with the deletion request within five days. If the user deletes his registration, he is not entitled to use the services for which their provision depends on registration.
Following deletion of the registration, the Operator may use the data in a way unsuitable for personal identification, but this does not enable a later restoration of the registration.
If it is not clear whether the request for deletion of the registration has come from the person concerned, in particular if the deletion request does not come from the e-mail address given by the person concerned, then the Operator may ask the person concerned to verify himself properly.
II/10. Data security
The Operator will take all necessary measures expected of him in the interest of data security, he will provide for an appropriate level of protection, in particular against unauthorized access, change, forwarding, publicizing, deletion or destruction, as well as accidental destruction or damage.
The Operator will implement appropriate technical and organizational measures in the interest of data security.
II/11. Management of data for technical purposes
The Operator’s system automatically records the user’s computer IP address, the time the visit begins, and in some cases depending on the computer settings, the type of browser and operating system. The data thus recorded cannot be linked with other personal data. This data management exclusively serves statistical purposes.
III/1. The user’s obligations and responsibility
The user is obliged to take appropriate care when entering his data. The Operator cannot be held responsible for damage resulting from the user not taking proper care concerning the protection of his data.
The user may only use the site on his own responsibility. The Operator does not accept responsibility for damage or inconvenience suffered by the user while using the site, if these arise from the user not proceeding with due caution when using the site. The user only may make his data public and accessible to others at his own responsibility.
When using the site, the user is obliged to proceed honorably, bearing others’ rights and interests in mind.
The user is obliged to respect operative legislation, and during usage is obliged to refrain from all activity which is unlawful, or which damages the interests of others. Included in this, the user is obliged to respect others’ private spheres, personal rights and intellectual property rights, especially the regulations concerning the protection of literary, scientific and artistic creations, inventions, design patterns, utility models, trademarks and brand names subject to copyright protection. The user is obliged to refrain from committing crimes and misdemeanors, and furthermore is obliged to refrain from using all obscene, indecent expressions and utterances, or any other which are likely to result in indignation in others;
All users are obliged to refrain from all activity which would impede proper usage of the site. All users are obliged to refrain from all activity which damages the Operator’s interests. Included in this, the user is obliged in particular:
- To refrain from upsetting or obstructing the operation of the site;
- To refrain from activities which are aimed at obtaining or using the Operator’s business secrets or information which he keeps secret;
- To refrain from all communication which bears false information with regard to the service;
- To refrain from all activity which threatens the informatics security of the site;
- To refrain from all activity which is aimed at advertising his own product or service, or those of another, third person.
Besides the above, the Operator may set further restrictions, of which he will inform the users.
While using the site, users may only make other persons’ data public, or make them available to others, if the person concerned has expressly consented to this. The consent of the person concerned is not necessary in the case of open public appearance, or with regard to data he has previously made public without restriction.
When registering, users may only enter their own personal data. Entering other persons’ data qualifies as unlawful data management, which could have consequences defined by legislation. In case of the abuse of others’ personal data, the Operator will provide the competent authority with help in order to detect the infringement and identify the person committing the infringement.
The restrictions described in the present point apply to all visitors to the site.
III/2. Procedure against offending users
If a user contravenes the stipulations of the present Policy, or the specifications of legislation, the Operator may delete the user’s registration. In this case the user’s registration is terminated, he may not make use of the site services in the future.
If there is room for an official, court procedure based on the user’s conduct, the Operator may store the data needed for identifying the user irrespective of the deletion, as well as the data applicable to the offense, and may pass these on to the competent body.
If the user infringes the rights of a third party, and this third party is entitled to initiate a procedure, the Operator may pass on the data to the third party, if the third party can verify his legal interest in this connection.
IV/1. Continuity of service
The Operator undertakes to implement all measures expected of him in the interest of the smooth running and continuity of the service. Because the service is free of charge, the Operator does not guarantee that the service will be unbroken, and furthermore he cannot be held responsible for suspension or termination of the service. The Operator will strive to eliminate the possible disturbances and operating problems occurring during the operation of the site, but he cannot be held responsible for them.
The Operator takes no responsibility for the conduct of the users.
The Operator will take all necessary measures to ensure the security of users’ data.
IV/2. Responsibility for information published on the site
The Operator uses the Website for presenting his own products and services. The Operator will do all that can be expected of him in the interest of accuracy and completeness of the information, but he does not accept responsibility for the information published on the Website always conforming to the products and services actually offered by the Operator.
The information published on the Website does not qualify as an offer. The Operator takes no responsibility that the products appearing on the Website will actually be available in the future, in the quantity and quality presented on the Website.
The information published on the Website only serves as orientation for users, it can in no way be regarded as the Operator’s contractual declaration, official prospectus or instructions for use.
The Operator takes no responsibility if the information published on the Website differs from the information published by other dealers with regard to the same products and services.
Familiarity with the information published on the Website does not replace knowledge of official prospectuses related to the use and recourse to the products and services, or recourse to help from experts.
V/1. Objection submitted to the Operator
Users may approach the Operator directly with their complaints and objections, who will do all he can in order to discontinue and remedy any possible wrongs. The Operator will investigate the complaints submitted to him, and will inform the user of his standpoint and the measures he has taken.
V/2. Other means of enforcing rights
The user may enforce his rights in the following ways based on Law CXII of year 2011 on the freedom of self-determination of information and freedom of information and its currently operative enforcement decrees and the new data protection regulation of the European Union number 2016/679 (General Data Protection Regulation, GDPR, hereinafter: “Regulation” or “GDPR”), as well as other associated legislation:
- He may approach the controller directly with his complaint, who will investigate the complaint in accordance with point V/1;
- He may object to management of the data, in which case the Controller will investigate the objection within 15 days and make a decision;
- He may approach the National Authority for Data Protection and Freedom of Information;
- He may enforce his claim in the courts.
On his Websites, the Operator respects the private sphere of any private person whose personal data he manages or comes into the possession of.
This Data Protection Prospectus – hereinafter: Prospectus – defines the Operator’s data protection practice.
This Prospectus guarantees our commitment aimed at the protection of your personal data. With respect to the present Prospectus, the Operator reserves the right to modify or update it at any time without special notification.
In order to familiarize yourself with the current up to date version, we suggest you visit this present link regularly and check out our Prospectus.
If you have any questions, suggestions or suspected problems in connection with the data protection declaration, please use the options in the “Contact” point below.
In order to obtain comprehensive information, we suggest you read this Prospectus all the way through. If you are only interested in a certain section, however, you can jump to the given subject area by clicking on the reference below.
Personal data collected by the Operator
With reference to our company, personal data signify information, which identifies you or enables us to get in contact with you, for instance your name or e-mail address. Details of personal data collected by you may be listed in the following categories:
A) Personal data provided voluntarily by you:
Certain sections of our Homepages contain information, which asks you to provide your personal data voluntarily. Such, for instance, is when communication for marketing purposes asks you to enter your contact details in order to fulfil requests from you or recommendations from us. It is the same kind of approach, when we ask you for feedback or suggestions with reference to our homepage, or other promotional activity and materials, or with respect to which we display the above with your approval. The range and purpose of these personal data, entered with your voluntary consent, clearly serve to identify you.
B) Information collected automatically
When you visit our website, certain information is collected automatically on the devices you use. In certain countries, including the countries of the European Union and / or European Economic Area (“EU / EEA”), a defined range of this information may be regarded as personal data under the terms of relevant data protection legislation.
For instance the IP address, the type of informatics device you use, the unique device ID number, the type of browser used, your geographical location (e.g. location by country or town) and other technical information are to be regarded as such. We may also collect data on how the device interacted with our website, including the pages you wished to reach and the links you visited.
Collecting these data enables us to be better acquainted with the visitors to our websites, where they come from and which content of our homepages they are most interested in. This information is only used for internal analytical purposes according to the above, so we can satisfy the interests of our visitors and thus improve the quality of our websites.
C) Personal data coming to the Operator from a third party
From time to time we may obtain personal data on you from third parties who are in business partnership with us. This may only happen after we have checked that you have given your express consent to this based on the third party’s declaration or other information from him, or if these are permitted for other reasons, or it is obligatory to make us aware of these personal data.
With reference to our company, information collected from third parties signifies personal data, which identify you or enable us to get in contact with you, for instance your name or e-mail address. Furthermore, they are forwarded in order for us to offer information to you on our products, our services, internal branch data and other information for direct marketing purposes.
Purposes of the Operator’s use of personal data
We use the personal data collected on you for various reasons, including the following purposes:
- In order for us to be able to respond to possible requests from you or to provide you with the information you ask for.
- To notify you of the modification or updating of our services, to provide information with regard to our new services and products.
- For the purpose of using, supporting, personalizing, maintaining and improving our services.
- In order to comply with and enforce legal requirements, agreements and guidelines which must be applied.
- In order to avert, detect, identify, investigate and respond to any possible or actual demands, obligations, forbidden conduct or crimes, and to defend against these.
- In order to make the websites of other economic organizations in business partnership with us or other third parties accessible, who may sell products or may provide you with services by means of using the services we offer or by purchasing and utilizing our products, or in connection with those (including both independent services or those provided jointly with us).
- For implementing additional activities in conformity with the present Data Protection Prospectus.
Sharing of your personal data by the Operator
We may forward your personal data to the following addressees:
- To linked companies:
We may share personal data with companies in ownership or management relationship with us (for instance, with firms which monitor or manage our company, or have joint management with us, or which our company monitors or manages) – hereinafter: subsidiary.
Included here are those data which come to our attention in connection with websites operated by us or by our subsidiaries.
- To specified service providers:
We may share your personal data with companies which provide services for us so that we can fulfil our obligations and keep you informed, for instance fulfilling orders, delivering parcels, sending postal deliveries and e-mails, analyzing customer data, offering help with marketing, investigating possible fraud activities, conducting customer surveys and running customer services.
- To behavioral advertisers:
We may permit firms qualifying as third parties which use behavioral advertising to use their technology to collect information available in connection with visiting and using our website in order to pursue promotional activity related to products and services considered to be of interest to you. These personalized adverts may appear on our websites and also on other websites.
- To potential buyers coming into contact with us during possible sale of the whole of our company or sections of it carrying out our individual activities or subtasks:
Your personal data may be shared in such case and with those possible buyers or enquirers who wish to purchase the whole of our company or parts of it carrying out individual activities or subtasks, or who wish to purchase our business assets in part or in whole, or with those partners who we become associated with in any other way because of some merger or the acquisition of the business interests of another company.
- In order to observe the legal obligations of any other party:
Your personal data may be shared with any other third party in order to fulfil legal obligations (or involvement in legal proceedings), so that we can defend our company, our employees, agents, clients, visitors and subsidiaries against any fraud or the possibility of such; or inasmuch as you consent to this.
We use appropriate and widespread security methods in order to prevent unauthorized access, to preserve the accuracy of the data and to ensure proper utilization of the personal data.
If you create a user account through our website, the account data and full profile enjoy the secured protection of a password. We suggest that you do not give your password to anyone. Our staff will never ask you for your password, either in an unwanted telephone call or an unwanted e-mail. Do not forget to log out of your account and close the browser window when you have finished a session. This helps to prevent others accessing your personal data and correspondence, if you share your computer with someone else or you use a computer in a public place which others have access to.
When you voluntarily make certain personal data public on the internet, for instance on message boards, in e-mail or on chat interfaces, there is a risk that others could collect or use this information. The security of data transfer via the internet or any wireless network is not absolutely perfect. As a result of this, in such case, despite the fact that we take all reasonable and expected measures in order to protect your personal data, we cannot guarantee the security of the data you forward to us, so you may do this only on your own responsibility.
Retention of personal data
We retain the personal data we have collected lawfully for the period that our rightful business requirement obtains, or while the existing conditions for retention comply with the applicable legal requirements.
If we no longer have need for processing any of your personal data in order to carry out our business activities, then we will either delete or anonymize them, or if this is not possible (for instance, because your personal data have been stored in the saved archives), then we will store these personal data securely and in seclusion from other data processing activities until their deletion becomes possible.
Associated data protection entitlements and options
You may access your personal data collected by us online and kept current using generally accepted updating methods. In order to update, correct or delete this information, get in touch with us at https://www.gerard.hu/hu/kapcsolat or on the email@example.com e-mail address.
Besides the above, you may have the following data protection rights:
- If you would like to access, correct, update or delete your personal data, you can do this at any time if you get in touch with us.
- Besides this, if you would like to raise an objection in connection with the processing of your personal data, ask for the limitation of processing of your personal data or by special request the implementation of portability at https://www.gerard.hu/hu/kapcsolat or on the firstname.lastname@example.org e-mail address.
- You have the right to cancel receiving the marketing communication messages we send at any time without giving a reason. You can exercise this right by clicking on “unsubscribe” in the marketing e-mails we send or on the “opt-out” link. If you wish to cancel other forms of marketing too (e.g. postal marketing or telemarketing), then please get in contact with us at or https://www.gerard.hu/hu/kapcsolat or on the
email@example.com e-mail address.
- In a similar way, you can withdraw your consent at any time and without giving a reason with respect to your personal data collected and processed by us with your approval with regard to the future. The withdrawal of consent does not influence the legality of processing we carried out earlier while your consent was in force, nor does it influence the processing of personal data if this is done in consideration of another legal basis apart from personal consent.
- You have the right to lodge a complaint with the data protection authority with regard to the collection, storage, processing or forwarding of your personal data, or their utilization in any other way.
For further information, please contact the local data protection authority.
We respond to all requests coming from private persons on their merits, in which the person concerned wishes to exercise his rights in connection with his personal data in harmony with data protection legislation.
Provision concerning children
Our Homepage has been produced for private persons over the age of 18. As we cannot determine the age of persons accessing our Website for lack of personal data and verifiability in this regard, we use this data protection declaration for every age group. In such case that a private person younger than 18 years old has provided us with his personal data without the consent of his parents or guardians, we request that a parent or guardian get in touch with us so that we can take the necessary measures to delete the data in question.
Practice and data protection activity of third parties in connection with personal data
The data protection guidelines of advertisers linked with the use of our homepage and of payment or other services may differ from that of the present Data Protection Policy. We suggest that you familiarize yourself with the data protection regulations of the service provider in question before asking for a quotation from or concluding an agreement with these service providers.
Forwarding of personal data outside the European Economic Area (EEA)
As our company is a member of a multinational company group, in certain cases your personal data may be forwarded to or shared with countries outside the EEA, for reasons including but not limited to achieving the goals referred to in the present Data Protection Prospectus, taking the appropriate legal bases into consideration.
In the above case our company, or the members of our company group will take all reasonable and necessary measures in order to ensure that personal data forwarded to a country outside the EEA are processed in a secure manner. If you would like to know more about these appropriate measures, please contact us in one of the following ways:
Legal basis for processing personal data with regard to EEA member countries
If you are a visitor staying in one of the EEA member countries, the legal basis with regard to the collection and utilization of personal data described above depends on the type of personal data concerned and other correlations.
Nevertheless, we usually only collect personal data from you in such case that you have agreed to this in a specific form, or if your personal data are needed in order to conclude a contract with us. Besides all this, personal data may also be collected and processed on the legal basis that the processing is done in order to enforce our legitimate interests and it does not conflict with your data protection interests, nor does in infringe any other fundamental rights.
If you have any questions or you need any further information with respect to the legal bases for the collection of personal data, please get in contact with us in one of the following ways:
If you have any questions, observations, suggestions or concerns with respect to the utilization of your personal data, please contact us in one of the following ways:
DEFINITIONS AND EXPLANATIONS
Gerard® –AHI Roofing Ltd., a company founded and operating in accordance with Hungarian legislation, of which the head office is Hungary, 8100 Várpalota, Fehérvári út, 28/14., company registration number: 19-09-511580; e-mail address: firstname.lastname@example.org
Project Manager – Ad Alchemy SRL, a company of Romania, of which the company registration number is: J40/160/2014, tax records number: RO32642092, head office: Romania, Bucharest, District 4, Justitiei Street, 36.; e-mail address: email@example.com
Homepage – The www.gerardroofs.eu domain and its subdomains managed by Gerard® or any licensed person
Products – Types of tiles and other roofing solutions presented by Gerard®, via the Homepage
Users – Those Sellers and Roofers who accept the provisions and conditions presented in the present document and who register with the Gerard® NetClub, thus creating a User account.
Sales agent – any natural person, who legally acts as a sales agent for Gerard® or for a distributor / dealer in the Products.
Roofer – a roofer, who registers together with his team in the Gerard® NetClub and who accepts the loyalty scheme developed by Gerard®.
Team – a roofer team.
Client – any natural or legal person, who enquires about the Products or who has already purchased a Product.
RoofNest – A section of Gerard® NetClub, within which Users may utilize their bonus points in order to exchange them for products on special offer.
RoofNet – a mobile application, which is connected with Gerard® NetClub, and which is aimed chiefly at Clients and the public in general and provides a public space for Products and Projects and advertising for Roofers.
User profile – The section of Gerard® NetClub, which comprises an e-mail address and a password, and which enables the User to log in to the loyalty scheme developed by Gerard®, and which contains information with respect to every User as a function of the User’s profile (Project portfolio, offers, accumulated bonus points, etc.)
Project – a roof designed by a Team, of which, based on the express consent with regard to usage of the data of the persons concerned for this purpose, there exist registered and published pictures and details (owner, location) on the Gerard® NetClub.
OWNERSHIP RIGHTS TO THE HOMEPAGE, AGREEMENT REGARDING THE PROVISIONS AND CONDITIONS
BY USING THE PRESENT HOMEPAGE YOU CONSENT TO THE APPLICATION OF THE PRESENT PROVISIONS AND CONDITIONS AS WELL AS THEIR LATER VERSIONS; IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE THE HOMEPAGE.
CREATION AND MAINTENANCE OF A USER PROFILE
When you register on this Homepage, you declare that you are at least 18 years old, or you have attained the age of majority valid in your country whichever is the greater of the two, and that the information entered during registration is accurate, current and complete. You are responsible for keeping your password secret and for using it.
One User may only have one User account.
For objective reasons, at present the possibility of creating a User profile and of logging into the loyalty scheme only obtains for persons resident in Croatia, Hungary, Poland, Romania and Slovenia.
In such case that you are an expert located in another state and your are interested in Gerard® products and our loyalty scheme, then please get in contact with us in one of the ways given on the Homepage. We are always glad to meet new partners and collaborators.
- Collecting information concerning the Homepage and the Homepage Users without their consent;
- Modification, classification, sharing (or forwarding), copying, dividing, screening or changing any data or information contained in the Homepage without the written consent of our company;
- Use of the Homepage in order to acquire an unauthorized competitive market advantage or for anti-competitive purposes
- Hiding the source of information transferred to the Homepage, coming from it or forwarded through it;
- Representing the User as a person other than who he is in reality and acting as such;
- Yielding the user right to the Homepage to another person;
- Propagating viruses and other informatics malware;
- Using the Homepage for any purpose or in any way which infringes local, national or international legislation;
- Using the Homepage in order to cause harm to Users or other persons;
THE INFORMATION AND DETAILED REGULATIONS RELATED TO THE PROTECTION OF PERSONAL DATA ARE CONTAINED IN THE DATA PROTECTION PROSPECTUS OF THE PRESENT DOCUMENT
Our company only asks for and manages personal data (your name, address, e-mail address, telephone number), which enable us to fulfil our contractual obligations to provide information as stipulated by legislation.
Based on the above, we fully respect all applicable legislation, including Law CXII of year 2011 on the freedom of self-determination of information and freedom of information, hereinafter: Info Law, as well as the new data protection regulation of the European Union number 2016/679 (General Data Protection Regulation, GDPR, hereinafter: “Regulation” or “GDPR”).
Please take into consideration, that in such case that certain personal data are not supplied when registering or using the Homepage, we may not be able to activate your User account, so you will not be entitled to take part in our loyalty scheme. If you would like to make full use of the resale opportunities offered on the Homepage and through its applications, it may be necessary for you to create a public profile including your name, contact details and photograph.
Based on operative data protection regulations, you have the right to access your personal data at any time, and to ask them to be corrected or modified. As regards this, you may modify any personal information directly from your own User account or you can get in contact with Gerard® or the Project Manager in one of the ways given above.
Among other things, these same entitlements apply to all services and other usage options offered through the Homepage. Our Data Protection Prospectus is only operative with regard to the data management and data forwarding that we do, as far as services provided by other companies or natural persons are concerned we have no responsibility, even if they are connected with Gerard® Products.
Gerard® also has the right to use personal data which a Client has supplied to a Gerard® User, expressly authorizing the User in question to forward these to Gerard® (Please study the Accessibility to Projects below). With regard to access to personal data and the right to modify the data, the rights and obligations featured in the present document also apply to Clients’ data.
With regard to the use of Netclub and Roofnet, the purpose of data management: the construction of a database in connection with the loyalty scheme, facilitating projects for the registered Users, rewarding the Users and/or the Team for marketing and/or using the Products
Legal basis for data management: consent of the person concerned based on the relevant provisions of the Info Law and the GDPR
Range of data managed: name, address, contact details (e-mail and mobile phone) and a photograph of the Users and Team members, address of the Project
Duration of data management: until the end of the loyalty scheme or until deletion at the request of the person concerned, but after 10 years from the granting of consent at the most.
Means of storing data: electronic
Within the Gerard® NetClub loyalty scheme, every Sales Agent, or every Team can get bonus points as detailed below.
In order to avoid all possible misunderstanding we lay down that the Gerard® NetClub loyalty scheme has no intention at all of influencing Users’ professional decisions and choices and in itself it does not signify any condition of sale /service provision affecting the User.
There is no registration fee for the scheme.
The Gerard® NetClub loyalty scheme lasts for an indefinite period and may be discontinued at any time without prior notice.
Acquisition of bonus points
A condition for crediting bonus points is the registration of a User or a Project. Points are acquired in accordance with the following:
A Sales Agent:
- Receives 100 bonus points when his User account is activated;
- When a Team’s User account is activated, the Sales Agent concerned receives 50 bonus points if the team’s representative verifies that he recommended Gerard® NetClub to him;
- Receives a certain number of bonus points, when he uploads a project to Gerard® NetClub, which was designed and completed by a Team recommended by the Sales Agent. In this case, the number of bonus points is 10 percent of the number of Gerard® tiles sold and used within the Project in question.
- Receives 200 bonus points when the Team’s User account is activated;
- Receives a certain number of bonus points when it uploads a completed Project to Gerard® NetClub which was implemented by the Team. In this case the number of bonus points is equal to the number of Gerard® tiles sold and used within the Project in question.
The bonus points are totalized on the Gerard® NetClub active account level, counting in every point which has been credited with regard to the User profile in question. The rules for assigning bonus points may be modified or suspended.
Utilization of bonus points
The bonus points of a given Sales Agent become active and usable when a Team he recommended uploads the first completed project to Gerard® NetClub, with the condition that the Sales Agent in question has collected at least 500 bonus points.
A Team may utilize its bonus points when it has collected at least 1,000 points.
The bonus points may be exchanged for products published on RoofNest, which products may be selected and combined as the User wishes, to the tune of the accumulated bonus points.
The bonus points cannot be transferred and may not be exchanged for money.
The bonus points may only be utilized by active Users. An “Active User” is one who has acquired bonus points in the current month.
Gerard® bears no responsibility for any declaration or statement to be submitted according to operative legislation applicable to the User, which a User is obliged submit in accordance with his own national laws with respect to participation in the loyalty scheme or acquisition of products utilized by RoofNest.
Unless otherwise stated in operative legislation, Gerard® takes no responsibility for possible taxes, duties or any other sums to be paid based on the contents of the present paragraph, which the User is subject to in connection with the products referred to.
Publication of Projects
Every Project, if it has been placed on Gerard® NetClub according to operative regulations, is given a unique random number.
The Projects are uploaded by the Users, but their activation depends on approval by Gerard® or a Product shipper. Approval is given following a check on the Product, Buyer Client and Project location given by the person making the entry or upload.
Accessibility of Projects
The Projects uploaded to Gerard® NetClub are accessible to the other Users and to the public within the scope of Gerard® NetClub, or through the RoofNest application, but only following express consent of the Project owner, which the owner concerned must give in writing by signing the declaration of consent attached to a printed copy of the guarantee letter issued for the Project in question.
A Team which upload photographs or other details of the Project to the Homepage takes note and accepts that uploading these without the consent of the Project owner qualifies as a data protection incident, all necessary information must be given in detail to the owner in advance with respect to publication of the personal data referred to. This written declaration of consent is to be checked on each occasion before activation of the Project on the Projekt Gerard® NetClub. A condition for validation of the activation is that the person uploading the Project makes the declaration of consent in question accessible to the Project Manager. Despite all this, Gerard® takes no responsibility for the validity and genuineness of the Client’s consent and signature or for any illegal use of these by Users of the RoofNet application or the public. If you are a Project owner and you notice any non-authorized usage of these components, please notify the Project Manager within the shortest possible time.
The Sales Agents who have collaborated in relation to a certain Project provide the Teams with references. The Sales Agent will do all that can be expected of him in order for the substance of the references to be objective, they should be accurate and based on his own direct experience with regard to the Team in question.
Without this influencing the above information, the Team references published in the RoofNet application may in no way be interpreted as instructions or recommendations from Gerard® concerning the services of a certain Team, irrespective of whether the Sales Agent giving the reference is a Gerard® employee or not. These references are to be regarded as personal opinions.
SUSPENSION OF THE USER PROFILE
Gerard® reserves the right to suspend any User account and all unused bonus points at any time, for the following reasons among others:
2) Unlawful alteration, false or defective entry of any information, or incorrect usage of the loyalty scheme;
3) Contravention of any local, national or international legislation or other regulation in connection with participation in the loyalty scheme;
4) Fraud or abuse in connection with any component of the scheme;
5) Maintaining more than one active User profile at the same time;
6) Any action which in Gerard®’s own judgement harms Gerard®, the Products or the loyalty scheme used by this Homepage
CONFIGURATION OPTIONS FOR A ROOF – PROJECT ASSISTANCE
Via the RoofNet application associated with the Homepage, Gerard® makes available an informatics solution with the name “Roof Configurator” which may be used free of charge for project assistance. Using this solution, the Client has the opportunity to design personalized roofs and to have the chance to select the Products most suitable for him.
In contrast to Gerard®, the client has no authorization with regard to the construction, portrayal or functionality of Roof Configurator. Gerard® has the right to discontinue or modify the Roof Configurator or any of its functions at any time.
Gerard® does not guarantee that the roofing solutions individually configured by the Client with the aid of Roof Configurator will be appropriate for the use desired by the Client. The roofing solution created by the Roof Configurator cannot be regarded as official, the solution which may be lawfully implemented may only come from an expert who has proper authorization and licensing.
Gerard® takes no responsibility for the technical, legal or administrative accuracy of the roofing solution obtained when using Roof Configurator, this must be approved by an expert with proper authorization and licensing.
Clients have the opportunity to get into touch with Sales Agents or Roofers through RoofNet, in order to receive a price calculation for acquiring a Product which has caught their attention or constructing a Gerard® roof. Before asking for a price calculation, please look through the following conditions.
Every price calculation which you have received on the Homepage or on a domain, subdomain or application (including RoofNet) only qualifies as an estimate and does not guarantee the final and actual price or cost of the Product / assembly. The price calculation is based on information related to Project requirements provided by the Client, and it is possible that this is not complete. Besides all this, the total cost of a service may change as a function of the complexity of the Project, the time needed for construction and the distinctive requirements of the Client.
The quoted price is based on information given by you in the Roof Calculator, without this having been checked in any way. When calculating the prices, the Roof Calculator takes into account the information provided by the user, the usual, generally accepted construction conditions and local requirements.
Please take into consideration that the purpose of the above service is to allocate a budget for a solution appropriate to your own needs, in order to determine the final price the project location needs to be visited in person.
A price request and price calculation forwarded via the Homepage or on RoofNet does not qualify as a commitment to use the service or to buy a Product.
A contract is concluded irrespective of this, without using the Homepage, between the Client and Gerard®, or between a supplier or distributor and the selected assembly team.
REGISTERED BRAND NAMES AND INTELLECTUAL PROPERTY RIGHTS
The trade marks, logos and service brand names (“Brand names”) published in the present application constitute the property of Gerard®. Users or visitors are not entitled to use these Brand names without the prior written approval of Gerard®. Use of the Homepage or the mobile applications does not provide you with ownership rights either to these or to the services and contents. Unless otherwise stated in legislation, you have no right to use the content of the Homepage or the mobile applications without our written consent.
Do not remove, do not hide and do not modify any posted legal information which the RoofNet application or its services contain or provide.