BVLVL Website User Agreement

I. Scope
 
This User Agreement applies to BVLVL website (the “Site”). BVLVL hereby reminds you to carefully read and understand this User Agreement. By using the Site, you agree to this User Agreement; if you do not agree, do not use the Site. To the extent permitted by law, BVLVL reserves the right, at its sole discretion, to change this User Agreement from time to time. It is your responsibility to check this User Agreement periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.
 
II. Intellectual Property Notice
 
All content contained on the Site, including but not limited to text, graphics, music, videos, animations, trademarks, logos, tables, visual interfaces and computer code (collectively, “Content”), is owned by BVLVL or used by BVLVL with valid authorization.
 
Except as expressly provided in writing in this User Agreement, the User does not have the right to download, duplicate, change, edit, distribute, display, delete, send, sell, resell, adjust, change the content, create derivatives, incorporate into other websites or media or use in any way, any content published on the Site except for personal non-commercial purposes and domestic use.
 
You may use information on BVLVL products and services made available by BVLVL for downloading from the Site, provided that you use such information only for non-commercial purpose, make no modifications to any such information, make no additional representations or warranties relating to such information and documents containing such information, and retain BVLVL’s legal rights notice.
 
Use for personal non-commercial purposes, i.e. for home use is not allowed in a way that may cause damage to BVLVL or any other third party or represents any form of conduct contrary to positive regulations.
 
All content published on the Site may not be reproduced, distributed or used in any way for commercial purposes without the express written prior consent.
 
III. Terms of Use
 
You may not use the Site for any purpose that is unlawful or prohibited by this User Agreement, and may not use the Site or any Content to infringe the rights of other entities or individuals.
 
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or the structure or presentation of the Site, to obtain or attempt to obtain any materials, documents or information by any means not purposely made available through the Site. BVLVL reserves the right to bar any such activity. You may not attempt to gain unauthorized access to any portion or feature of the Site or to any of the services offered on or through the Site by any illegitimate means. You may not launch any form of cyber-attacks on the Site.
 
BVLVL reserves the right at all times to disclose any information that is necessary to comply with any applicable law, regulation, legal process or governmental request. BVLVL may also disclose your information when BVLVL determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
 
You acknowledge and agree that BVLVL may preserve any transmittal or communication by you with BVLVL through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or BVLVL determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce this User Agreement, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of BVLVL, its employees, users of or visitors to the Site, and the public.
 
You agree that BVLVL may, at its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if BVLVL determines that you have violated this User Agreement or other agreements or guidelines which may be associated with your use of the Site. You also agree that any of your violations of this User Agreement will constitute an unlawful and unfair business practice, and will cause irreparable harm to BVLVL, for which monetary damages would be inadequate, and you consent to BVLVL obtaining any injunctive or equitable relief that BVLVL deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies BVLVL may have at law or in equity. BVLVL will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to BVLVL. You agree that BVLVL will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of this User Agreement.
 
IV. Links to Third-party Sites
 
This Site may contain links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided by third parties. BVLVL disclaims representations, warranties or claims on the content and its authenticity or accuracy, or the availability, reliability, security or other aspects of such Linked Sites and any other aspects (including any rights therein) that are not under BVLVL’s control, and will not be liable for any consequences arising from your use of Linked Sites. Risks arising from your access to and use of Linked Sites will be borne by yourself.
 
V. Force Majeure and Fault of Third Parties
 
BVLVL will perform obligations by law, but BVLVL will not be liable for breach in case of hindered performance, flaws in performance, delay in performance, or changes in obligations to be performed arising from:
 
(1) Natural disasters, strikes, riots, wars, act of government, judicial or administrative orders, and other force majeure factors;
 
(2) Service interruption or disruption due to power supply failure, telecommunication network failure and other public service factors, or hacking, virus intrusion, blocking of illegal content and harassing information, government control and any other network, technology, communication lines, information security management measures, where your requirements cannot be met;
 
(3) Provided that BVLVL has exercised due care, typical or emergency equipment and system maintenance, equipment and system failures, network information and data security.
 
VI. Privacy Policy
 
Preamble
With the aim to protect personal data in accordance with the provisions of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter: General Data Protection Regulation/ GDPR). The controller, as a company which, without exception, promptly and fully implements the regulations in all business sectors, particularly in those which are directly related to clients’ satisfaction and interests, hereby adopts and publishes this Privacy Policy.
 
The controller is the company BVLVL Ltd. Based in Croatia, Ribnjak 40, 10000 Zagreb, whose primary activity consists of providing variety of business services, and distribution of those services.
 
The controller’s activity is not focused on personal data nor does it imply extensive processing of natural persons’ personal data. While performing his regular business activity, the personal data which the controller encounters and processes is the data collected with consent for the purpose of informing the User of BVLVL’s services for the purposes of realising a business cooperation and providing the services.
 
VI.I. The purpose of the Privacy Policy
 
The protection of the rights and freedoms of individuals regarding personal data processing requires the introduction of a Privacy Policy with the aim of familiarising the data subjects with the manner in which their personal data will be processed in the controller’s company, as well as what their rights are and how can they be exercised.
 
This Privacy Policy therefore also ensures the transparency in relation to the functions and personal data processing and enables the data subject to familiarise himself with the rights related to data processing.
 
VI.II. The value of personal data and the responsibility to protect them
 
Personal data is any data which is related to an individual whose identity has been established or can be established (“data subject”); an individual whose identity can be established is a person who can be directly or indirectly identified, particularly with the help of identifiers such as the name, identification number, location information, online identifier or with the help of one or more factors inherent to the physical, physiological, genetic, mental, economic, cultural or social identity of that individual.
 
The personal data which the controller collects and processes when performing his activity represents a professional secret. The controller implements measures of technical and organisational security which ensure the lasting confidentiality of all personal data and also encompass the prevention of unauthorised access to personal data and equipment which he uses while processing data or their unauthorised use.
 
All data on users is safeguarded strictly and is available only to employees who need the data to carry out their work. All controller’s employees are liable for adhering to safe harbour principles.
 
Particular attention must be taken when handling personal data and it can only be used in accordance with the reason for which it has been collected.
 
We only collect the personal data which has been voluntarily provided to us or for which there is another legal basis for processing.
 
VI.III. Personal data collection and processing
 
Personal data can only be collected in accordance with the legislation and ethical standards. It is permitted to process personal data only when there is a clearly defined and documented legal basis or a basis arising out of a contract, while all other personal data processing is permitted only with a clearly documented consent of the owner or his proxy.
 
Our processing of your personal data is based on the following legal grounds
 
1. Consent: We may process your personal data with your consent. In particular, we may ask for your consent to participate in promotional activities, such as to send you promotional messages (newsletter) or enable you to participate in certain Services. You have the right not to provide consent, or to withdraw it at any time. The withdrawal of your consent does not affect the lawfulness of our use of your personal data before your withdrawal. If you have granted us consent to use your personal data, we will use it only for the purposes specified in the consent declaration. Please note that to the extent our processing is based on your consent and you deny your consent or withdraw it, we may not be able to provide the service relating thereto. Besides from that, neither the initial denial nor a withdrawal will have any negative consequences for you.
 
2. Perform or enter into a contract with you:
 
We rely on this legal basis in particular in the following cases:
 
• to provide you with BVLVL’s Services, process your orders or fulfil the contract between you and BVLVL;
 
• to allow and manage your participation contests or similar promotional activities held by us; and
 
• to provide client care and support Services.
 
3. Compliance with a legal obligation: BVLVL may be obliged to process personal data to comply with our legal obligations, for example where BVLVL is required to retain data for tax law or commercial purposes.
 
4. Legitimate interests: The processing of your personal data may also be necessary for BVLVL’s legitimate interests. In particular, such cases may include the following:
 
• to conduct customer surveys to enhance your user experience;
 
• to analyze the efficiency of our business operations;
 
• to communicate with you and reply to your questions or comments submitted to us by any means;
 
• to ensure the functionality and safety of our Services;
 
• to verify your identity;
 
• to conduct internal auditing and to prevent and investigate fraud, cybersecurity threats or other improper use;
 
• to pursue or defend against legal claims.
 
Your personal data will only be processed on the above grounds after we have appropriately assessed and balanced our interests against your right to privacy.
 
The controller processes personal data solely to the extent necessary to provide the service and achieve the above-mentioned goals. When storing data, personal data is stored in the least possible number of places where it is adequately protected.
 
As the controller, we always provide you with the possibility of choice regarding the use of your data, including the possibility to decide whether you want your name to be removed from the lists used for marketing campaigns or not. We do not request you to send data in order to enable access to our websites.
 
Without your particular consent, the controller shall not transfer your personal data to unauthorised third parties, send you e-mails which are contrary to the Terms of use and you can unsubscribe from the recipient list of any e-mail at any moment.
 
The controller stores the collected personal data until the data subject withdraws the personal data storage. The data subject can withdraw his consent to further collection, processing and use of personal data at any moment and the withdrawal for the storage of personal data can be requested by writing to the company’s address or by e-mail to info@bvlvl.com.
 
When you visit our website, our web server always stores the name of your internet service provider, the website from which you visited us, the websites you browsed during the visit and the date and time of the visit. Our cookies do not contain specific personal information, so your privacy remains protected because it is not personal data, i.e., personal data collected in such a manner is not used to identify you.
 
The IP address is transferred with every request sent to the server so that the server knows where the answer has to be sent. The internet service provider (ISP) assigns an IP address to everyone when they connect to the internet. The ISP can track which IP address is assigned to individual users at any given moment. As long as the stored IP address is not deleted, theoretically, one could obtain the identity of the end-user through the ISP. That is why the controller does not store the IP addresses of the visitors but rather only uses them to recognise the session and defend from attacks. Therefore, the IP address is deleted directly after that so that the collected data is anonymous and that the identity of the end-user cannot be found out even through the intervention of the ISP.
 
This website uses cookies to enable or improve the user experience and functions offered.  In order to provide you with a better user experience and full functionality of the website, this website stores your cookies. However, if you do not want it, you can reject them, but then there is a chance that the website’s functionality will be limited.
 
Moreover, personal data is stored only if you voluntarily place it at our disposal, e.g., through the sending an inquiry through contact form, conducting surveys on social media, participating in promotional activities or to perform a contract.
 
VI. IV. The rights of data subjects
 
The rights of data subjects and their remedies are set out in detail in the relevant provisions of the GDPR (in particular Articles 15, 16, 17, 18, 19, 20, 21, 22, 77, 78, 79, 80 and 82 of the GDPR). The following summary sets out the most important provisions and BVLVL provides information to data subjects on their rights and remedies in relation to data processing accordingly.
 
The controller enables the exercise of the data subjects’ rights. You have the right to request, at any given moment:
 
the deletion of personal data (“the right to be forgotten”) if the processing of your personal data is no longer necessary in relation to the purpose for which it was collected or if you withdraw your consent for personal data processing or if you file a complaint regarding the processing of your personal data and prove that your legitimate interests for deleting the personal data take precedence over the controller’s legitimate interest for processing your personal data;
 
the correction of personal data if some of your personal data has changed or if you noticed an error in your collected personal data;
 
the transfer of personal data, i.e., to request the personal data which are related to you in electronic form and transfer them to a third party;
 
a complaint if you oppose the purpose for which your personal data is processed;
 
the restriction of personal data processing if you dispute the accuracy of the personal data, if you object to the deletion of personal data, instead requesting a restriction of their use; if the controller no longer needs your personal data for the purposes of the processing, but you request them for the submission, exercise or defence of your legal requests; if you have filed a complaint regarding the personal data processing.
 
You can exercise your rights electronically, without expenses, by contacting us at the e-mail address: info@bvlvl.com.
 
or
 
you can also contact our data protection officer at:
 
 Lara Ljubicic
 
Ribnjak 40, 10000 Zagreb, Croatia
 
Exceptionally, in case you request that confirmation be issued to you in another form, other than the electronic one, for the purpose of transferring personal data, the controller reserves the right to charge a reasonable fee for administrative costs necessary to issue an additional copy of the personal data.
 
VI. V. Additional Information on How Your Personal Data Is Transferred Globally
 
BVLVL will not transfer your personal data outside EEA. However, in case your personal data would be transferred to jurisdictions located outside of EEA, we will ensure that appropriate safeguards GDPR advocates exist and are applied, such as:
 
1. the recipient of the personal data is located within a country that benefits from an “adequacy” decision of the European Commission;
 
2. the recipient has signed a contract based on “model contractual clauses” approved by the European Commission, obliging them to protect your personal data;
 
3. or in the absence of the above appropriate safeguards, we will ask you for your explicit consent for the cross-border transfer of your personal data or take any other measures that are recognized as providing a sufficient level of protection for your personal data.
 
VI. VI. Incident management
 
In case there is a security breach regarding personal data, the company’s controller will notify you and the Authority responsible for the protection of personal data about it without delay (within 72 h at the latest) and take all necessary measures to eliminate the damage and limit or mitigate the harmful consequences that occurred due to the personal data security breach.
 
VI. VII. Transparency
 
If we decide to amend this Privacy Policy, the amendments shall be published on this website so that they can be reviewed at any time.
 
VII. Limitation of Liability and Disclaimer
 
BVLVL disclaims all warranties on the availability, continuity and accessibility of the Site and the content and services contained on the Site. The Site and its content are delivered on an “as-is” basis. You assume total responsibility for your use of the Site and any Linked Sites. If you are dissatisfied with all or any portion of the Site, you may stop using all or any portion of the Site.
 
BVLVL disclaims all warranties on the accuracy, integrity and reliability of the content contained on the Site. Information on products or services published on the Site, including but not limited to service content.
 
BVLVL shall not be liable for indirect, incidental, special or punitive damages or any indirect losses, including but not limited to loss of profits, income, data or use of data.
 
BVLVL completely rejects any liability which can occur in any way from or is in any way related to the use of the website and for any kind of damage that can occur to the user or any third party in relation to the use or misuse of the website’s contents. BVLVL is also exempt from any liability for damage which could occur to devices allowing the access to the website and the data stored on those devices during the use of the website, if the damage occurred due to wrongful acts of third parties, computer viruses, etc., and other cases for which it is not responsible.
 
BVLVL is not liable in any way for the accuracy or reliability of any view, opinion, advice, or statement which has been published on the website. BVLVL is also not liable in any way for any kind of loss or damage incurred to the user because the user relied on information obtained through the website. The users take full responsibility for assessing the quality, accuracy, usefulness or integrity of any information, evaluation, view, opinion, advice, or other content which is available through the website.
 
The website can contain documents, data, information, and links to third party websites. The latter websites are not the property of BVLVL, nor does BVLVL have any control over mentioned documents, data, information, or other websites and completely rejects any liability, including, but not limited to the accuracy, completeness, and availability of the content on websites created by third parties. BVLVL rejects any liability for any kind of content displayed on such third-party websites, as well as for possible products or services acquired through such third-party websites. Consequently, when above-mentioned websites are used, these Terms of use are not applied for any kind of purpose. The user visits those websites entirely at his own risk and BVLVL is not responsible for such actions in any way.
 
BVLVL retains the right to prevent the access of IP addresses (i.e., users) which are used for actions contrary to these Terms and shall bear no responsibility on those grounds.
 
VIII. Amendments to the Website User Agreement
 
BVLVL is authorised, without prior notice, to amend the content of these Website user agreement, the range of services, other information as well as all other contents of the website, under the condition of making them publicly available on the website, which is the reason why users are obliged to go over its contents every time they visit the website in question. Actions that are contrary result in BVLVL being exempt from any liability.
 
IX. Governing Law and Miscellaneous
 
The execution, performance and construction of this User Agreement and dispute resolution shall be governed by the laws of the Republic of Croatia.
 
This User Agreement is signed in Zagreb, Croatia. If any disputes arise from the content or performance of this User Agreement, the parties shall resolve disputes through amicable negotiation as much as possible; if negotiation fails, either party may file a lawsuit to the people’s court with jurisdiction at the place of signing.
 
X. BVLVL contact details
 
 BVLVL Ltd.,
 
Address: Ribnjak 40, 10000 Zagreb, Croatia
 
Registration number (EUID): HRSR.081559343
 
VAT/PIN nr: HR58194309313
 
 
This Website User Agreement was last updated on March 3, 2024