I. Definitions
Account - a login set up by the Partner that is then the method followed by the Partner to authenticate access to the Application / System.
Agreement - a contract concluded between Lovie and the Partner in connection with the use of the Application by the Partner under the conditions presented in the Terms of Service and the Personal Data Processing Agreement as well as under the conditions presented in the conditions of the package selected by the Partner (Lovie Boost Package or other available) or promotion.
Application / System - Lovie software and service supported by Lovie and distributed under the name "Lovie", available on the internet at https://partners.loviebooking.com . The Application is intended for Partner(s) and allows for establishing contact between the Customer and the Partner for the purpose of advertising, promotion, offering, and booking Services.
Booking - a commitment from a Customer, for a particular date and time, to spend money with the Partner for requested Services.
Lovie - LOVIE TECHNOLOGY LTD, registered in the Companies House under the number 15135824, with its registered address at 133 Creek Road, London, United Kingdom, SE8 3BU.
Lovie Boost Package - a package of additional services provided by Lovie using the Application under the terms and conditions set out in that package.
Lovie Services – services provided by Lovie to the Partner.
Customer - a natural person who creates an Account in the Application in order to use the Services offered by Partner(s).
Customer Application - Lovie software and service operated by Lovie and distributed under the name "Lovie", available on the internet in the https://loviebooking.com domain, via mobile applications for iOS and Android software, and via widgets that can be embedded on websites or profiles in Partner(s)' social media (Facebook, Instagram). The Customer Application is intended for Customers and is used to reserve Services by Customers in order to accept contracts for the provision of Services by Partner(s).
Fee or Fees - fee or fees due to Lovie from Partners for using the Application, including:
the price of the basic subscription (“Lovie Subscription”);
fees for additional users using the Partner Account (“Additional Employees”);
fees for any additional services used by the Partner; and
all other fees and commissions payable to Lovie by Partners in connection with the use of the Application, provided for in the Agreement and other applicable price lists or regulations.
The above Fees can be checked at any time in the Partner Account available in the Application.
GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 / EC (General Protection Regulation data).
Mobile Payments – functionality of the System that enables Customers to make payments for the Partner’s Services via the Payment Operator.
Partner - a natural person, a legal person, an unincorporated body (legal entity without legal personality) who uses the Application under the terms of this Agreement in connection with their business or professional activity and has created an Account in the Application for themselves as an entrepreneur or business, in order to provide Services to Customers.
Payment Operator – entity providing payment services within the framework of Mobile Payments: Stripe Payments Europe, Ltd., a company registered in Ireland at The One Building 1 Grand Canal Street Lower, Dublin 2 Co. Dublin, Ireland or Adyen N.V., a company registered in Amsterdam under number 34259528 and having its seat at Simon Carmiggeltstraat 6-50, 1011 DJ in Amsterdam, the Netherlands.
Personal Data Processing Agreement - an agreement pursuant to which the Partner, as the data controller, entrusts Lovie, as the data processor, with any personal data that the Partner will process in the Application under the Agreement. The Personal Data Processing Agreement is an obligatory and integral part of the Terms of Service, and the moment of accepting the Terms of Service during the Registration process is also the moment of concluding the Personal Data Processing Agreement. The Personal Data Processing Agreement constitutes Annex1 to these Terms of Service.
Privacy Policy - the document available at https://Lovie.com/biz/en-gb/privacy-policy#privacy-policy.
Profile - a profile created by the Partner in the Application including, among other information: name and address of the Partner, contact phone number, email address, employee data including name/nickname, photo; information about the Services offered, including the name of the Service, its description, duration, and price. Each Profile must be exclusive and unique to a single Partner and cannot (under any circumstances) be shared between more than one Partner.
Registration - setting up an Account in the Application or in another way made available by Lovie (e.g., via Facebook or Google) consisting of completing and confirming the registration form in accordance with the instructions given. After completing the registration process, the Partner will be able to log in to the Application.
Reservation - making a booking for the Service by the Customer using the Customer Application, indicating the date and time of the booking at a given Partner.
Service(s) - services offered through the Application by Partner(s), in particular in the field of cosmetics, hairdressing, wellness and SPA, broadly defined preventive medicine and others, respectively described in the catalog available at https://partners.loviebooking.com .
Subscription Package - a package of services provided by Lovie using the Application under the conditions set out in separate terms and conditions.
Trial Period - means a period of up to 7 calendar days, counted from the day of receipt of the Registration confirmation from the Partner, during which the newly registered Partner may use the Lovie services without the need to pay the Fee. During this period, however, the scope of Lovie’s services is limited in relation to the paid offer covered by the Subscription Package and the Lovie Boost Package. After the Trial Period, access to the test Account may be blocked unless the Partner enters into a contract as part of a paid offer.
User - Partner or Customer.
II. Preliminary Provisions. Contact details
This Agreement sets out the terms and conditions for the provision of electronic services by Lovie via the Application, in particular, the terms of the use of the Application by the Partner(s).
You can contact Lovie by email using the following address: hello@loviebooking.com
III. Types and Scope of Lovie Services
In return for the Partner agreeing to pay the Fees and complying with the terms of this Agreement, Lovie grants to the Partner a non-exclusive, non-transferable, revocable license for the term of this Agreement and limited to the territory of the United Kingdom & Republic of Ireland, taking into account the extraterritorial nature of the internet, to access the Application and Customer Application, respectively, enabling direct contact between the Partner and the Customer to make a Booking ("License"). The above License entitles the Partner to temporarily reproduce the Application only by displaying it in a web browser and to reproduce it permanently by installing the Application on a mobile device in order to use it in accordance with its purpose and functionality specified in this Agreement. The Partner does not have any other rights, including any intellectual property rights, other than those expressly set out in this Agreement. In particular, the Partner is not entitled to any use of the Application's source code. The Partner acknowledges that failure to comply with the above obligation may result in the violation of the License and Lovie’s proprietary copyrights to the Application, and Lovie may bring the Partner to legal liability in this respect. Through the Application, Partner(s) can advertise, promote and offer Services on the internet to Customers and through the Customer Application, Customers can view the Partner's offer and make a Booking. Both the Application and the Customer Application are available on the internet in the domain https://partners.loviebooking.comand https://loviebooking.com and can be installed on a mobile device with internet access.
Lovie provides services to Partner(s), which include:
possibility of creating a Partner Account and Profile;
the option of using the appointment booking calendar, including managing appointment reservations, Partner's staff, and equipment;
receiving and sending SMS and email / push notifications;
access for Users to the Lovie ICT system, including the widget on the Partner's Profile posted on Facebook, the widget on the Partner's website, the system for issuing reviews, and connection to the mobile application for Customers to make Reservations on the Partner's website and process payments for Partner Services;
providing Customers with the possibility of making payments for Services via the System.
Under this Agreement, the Partner may use the available Subscription Packages, Lovie Boost Package, or promotions.
As part of the Application, the Partner sets up his Account and Profile, in which he provides his data, including personal data. The data necessary for the provision of services by Lovie under this Agreement is the data necessary to set up an Account and Profile, such as: name and address of the Partner, contact phone number, email, employee data including name, photo; information about the Services offered, including the name of the Service, its description, duration, and price, as well as information on the necessity to make a deposit or charging cancellation fee. Additional data, such as photos of the Partner's premises and photos of the Services, may be provided by the Partner in order to expand the Account and Profile.
Lovie works with third-party websites, applications, and services (each a "Third-Party Platform,") through whom the Booking services and Mobile Payments may be facilitated. Unless a Partner opt-outs by contacting Lovie at hello@loviebooking.com, Lovie may automatically create a Partner profile on such Third-Party Platforms using the information provided by the Partner upon the creation of a Lovie Partner Account and/or Profile, which may include but may not be limited to: business name, address, telephone number, email address, hours of operation, schedule of availability, services offered, price list, reviews, and photographs. By using the Application, the Partner hereby grants Lovie a license to use and disclose the Partner Account and Profile information to such Third-Party Platforms, and the Partner warrants that the forgoing information will not infringe the rights of any third party. The use of Third-Party Platforms and accounts thereon is subject to the respective third-party privacy policies and is not covered by the terms of this Agreement.
Lovie will use its reasonable endeavors to ensure the availability of the Application twenty-four (24) hours a day, seven (7) days a week, subject to Section VIII paragraphs 7 and 8 below.
Lovie is never a party to contracts accepted between the Partner and the Customer, in particular in connection with the Customer's Booking of a Service, and Lovie does not bear any responsibility for payment for any Services by the Customer or for the performance of any Services by the Partner. The Partner is obliged to provide the services of the Partner in accordance with the applicable laws and is solely responsible towards the Customer for any potential violations. In particular, the Partner commits to providing the customer with information required by law and in the manner required by law, and also undertakes to enable Customers to exercise their consumer rights.
IV. Conditions for accepting and terminating this Agreement
The conclusion of the Agreement between Lovie and the Partner shall occur upon the acceptance of the content of the Terms of Service (including Annex1 - Personal Data Processing Agreement) and any other binding documents (e.g., the terms of promotion, Subscription Package or Lovie Boost Package).
As part of the activation process, the Partner must create an Account, the data which is necessary to create the Account are highlighted and marked.
This Agreement is valid for an indefinite period of time; however, the conditions set out in the promotions selected by the Partner, Subscription Package, or Lovie Boost Package may vary and will be defined in the terms of the specific promotion.
The Partner has the right to terminate the use of any of the Lovie Services at any time but no later than 3 days before the end of the billing cycle. The Partner shall submit the termination notice in writing or by e-mail. Lovie’s address and e-mail are specified in Section I and in Section II, paragraph 2 of the Terms of Service. The termination notice, to be effective, should allow Lovie to identify the Partner. The Partner has the right to terminate the Agreement which, however, does not exclude its obligations under this Agreement, in particular to pay the Fee due to Lovie for the period of validity of the Agreement, including the period of validity of the promotion chosen by the Partner. Lovie submits the termination in writing or in documentary form, to the Partner's address or the Partner's email address provided by the Partner on the Partner's Account.
The Partner's right to terminate this Agreement does not exclude the Partner's obligations under this Agreement, in particular, to pay the Fees due to Lovie during the period of the promotion, the Subscription Package, or the Lovie Boost Package chosen by the Partner.
Please be advised that termination or cancellation of a Partner Account with Lovie may not automatically terminate or cancel or cause to be deleted a Partner account on a Third-Party Platform. To terminate or cancel such accounts, Partner(s) must contact the respective Third-Party Platform directly.
Lovie may terminate this Agreement with immediate effect in the following cases:
delays in payment of the Fees by more than 28 days,
another significant breach by the Partner of the provisions of this Agreement, which includes the Privacy Policy, and any promotion regulations or packages,
when it is found that the Services are provided by the Partner in an unlawful manner, in particular in a situation where the Services are illegal or are provided without the necessary permits, applications, or registrations required by law,
when the declared or actual subject matter of the Partner's Services or the actions carried out by the Partner may lead to Lovie’s violation of the law or, in the opinion of Lovie, damage Lovie’s reputation,
in the event of termination of the Personal Data Processing Agreement.
The terms of the promotion, Subscription Package, or Lovie Boost Package chosen by the Partner may specify specific rules for terminating this Agreement.
Where the Partner has been offered a Trial Period, the newly registered Partner may use the Lovie services free of charge for the duration of the Trial Period only. During this period, however, the scope of Lovie’s services is limited in relation to the paid offer covered by the Subscription Package and the Lovie Boost Package. At the end of the Trial Period, access to the Lovie service may be blocked unless the Partner enters into a contract as part of a paid offer.
V. Detailed conditions for the provision of Services under the Application
The Partner will gain access to the functionality and content of the Application upon acceptance of the terms of this Agreement and successful Registration.
The Partner is obliged to provide complete and truthful personal data and other data required during Registration, and the Partner agrees to check and update such data regularly, without any prompts or requests from Lovie. The Partner acknowledges that such data may include credit checks, anti-fraud checks, and any other checks permitted under regulation or legislation, such as the Money Laundering & Terrorist Financing (Amendment) Regulations 2019 and the Criminal Finances Act 2017, as requested by the Lovie payment gateway provider.
Lovie hereby grants the Partner a non-exclusive, non-transferable, revocable license to use the Application for the duration of this Agreement, limited to the territory of the United Kingdom & Republic of Ireland, taking into account the extraterritorial nature of the internet. This license entitles the Partner only to temporarily reproduce the Application by displaying it in a web browser and to reproduce it permanently by installing the Application on a mobile device in order to use it in accordance with its purpose and functionality specified in this Agreement. Partner(s) do not have any other rights, including any rights to the Lovie intellectual property, other than those expressly set out in this Agreement. In particular, the Partner is not entitled to any use of the Application's source code. The Partner acknowledges that failure to comply with the above obligation may result in the violation of Lovie’s proprietary copyrights to the Application and may bring the Partner to legal liability in this respect.
Creating a Partner Account in the Application by the Partner is essential to:
accepting the terms of this Agreement which includes the Privacy Policy, Annex 1 - Personal Data Processing Agreement, and any terms and conditions specific to a selected package or promotion;
submitting a statement that the data provided in the Account creation form is current and truthful;
Lovie’s authorization to process the Partner's personal data saved on the Partner's Account in order to provide services as part of the Application and for diagnostic and statistical purposes;
beginning the Trial Period;
making a declaration that the Partner is an entrepreneur within the meaning of the generally applicable provisions of law.
The Partner agrees to receive system messages to the email address provided in the registration form, including notifications about new messages in the Application, notifications about new content published in the Application, technical breaks in the operation of the Application, changes to this Agreement, and any other notices related to the use of the Application.
The Partner further agrees:
to the fact that Customers will contact them directly using the email address or phone number provided by the Partner in the Registration process; and
that the data provided by the Partner, including personal data and information, as well as photos shared in the Application and Profile, will be available to other Users, as well as to all internet users.
that Lovie can use the email address indicated on the registration form to send the Partner messages with notifications about changes in the Application, in particular about technical breaks in the operation of the Application, changes in this Agreement, new content published in the Application and notifications about new messages and events in the Application.
The Partner undertakes and warrants that:
the Partner provides information on the main features of the services they offer in the Partner Account;
the person activating the Lovie service and Application is authorized to do so;
it is authorized to enter data into the Application, Account, or Profile and social media profile (Facebook and Instagram) and that such action does not infringe upon the rights of any third parties;
all information and data provided in the Application, Account, and Profile and social media profile (Facebook and Instagram) will be true and accurate.
The Partner agrees that each Profile is exclusive and unique to a single Partner and that creating a joint Profile with another partner is strictly prohibited.
The Partner may independently post within the Application, including on its Profile, the logotype/name of the company belonging to this Partner, which constitutes a trademark covered by a protection right ("Logo"). The Partner warrants that the Logo will not infringe intellectual and/or industrial property rights of third parties. The Partner is aware that by posting the Logo, he grants Lovie permission to use the Logo for the purpose of providing services, for informational purposes and for the promotion or advertising of the Partner, the Application or the Customer Application, in particular on the Internet, without time and territorial restrictions. The Partner undertakes not to withdraw such consent, and in the event of its withdrawal, in violation of the above obligation, Lovie is not obligated to remove the Logo distributed before the date of withdrawal of consent.
Upon posting any content in the Application, in particular photos, graphics, or texts ("Content"), the Partner grants Lovie a non-exclusive, royalty-free license to use the Content in the following ways, known at the time of granting the license:
for the recording and reproduction of Content - production of copies of the Content using a specific technique, including digital technique, magnetic recording, and printing and reprographic technique;
in the scope of trading the original or copies on which the Content has been recorded - placing on the market the original or copies of the Content;
in the scope of distributing the Content in a way other than specified in point b. above - public performance, exhibition, display, playback, broadcasting, and rebroadcasting, as well as making the Content available to the public in such a way that everyone can have access to it at the place and time of their choice, including sharing the Content on the internet;
and undertakes to comply with the scope of the abovementioned licenses, the use of the Content covered by it will not infringe any third-party copyright, including personal copyrights, in particular as regards the right to mark the Content with the author's name.
The scope of the license indicated in paragraph 10 above includes Lovie’s rights:
to use of Content and content posted on the Application by third parties, for the purpose of providing services, for informational purposes, and for the promotion or advertising of the Partner, the Application, or the Customer Application - including after the Partner resigns from using Lovie Services, after the Partner Account is deleted, and after the Content is removed from the Application;
to use the Content provided by the Partner in the Application without territorial restrictions;
to grant further licenses for the use of Content within the limits of the license held.
If the Partner has included in the Application or in the social media profile (Facebook, Instagram), Content containing the image of a third party, the Partner declares and guarantees that he has the authorization of that person to use his/her image, and placing the Content in the Application, granting the License to Lovie in accordance with Section III clause 1, and the use of Content by Lovie under the terms of the License will not in any way infringe the rights of that person.
The Partner hereby indemnifies Lovie and accepts full liability for any and all damages and costs incurred and/or suffered by Lovie in connection with the Content published by the Partner in the Application and the use of Lovie’s content under the terms of the license and the use of content posted on Facebook and Instagram social media under the terms of paragraph 16. If elevated complaints arise against Lovie by any third party, the Partner will release Lovie from all liability and cover all expenses relating thereto.
The Partner is liable for his own actions and omissions and for the actions and omissions of any employees, affiliates, associates, or third parties engaged by the Partner in respect of this Agreement.
In addition, the Partner undertakes to:
enable Lovie to verify the Content of the Application and Accounts and Profiles in terms of their authenticity and compliance with this Agreement, in particular by providing a current phone number and providing additional explanations;
not use any content owned by Lovie for purposes other than the correct use of the Application;
not use any content of other Partner(s) or Customers without their express written consent;
not to carry out, including through the Application, any activity or post in the Application, in the social media profiles - Facebook and Instagram, Partner's Account or Profile any Content (including information, photos, texts and others): (i) violating the law, contrary to good morals or rules of social coexistence (including: pornographic, sexually suggestive, aiming to promote a particular service through content of a sexual, ambiguous or unethical nature), (ii) related to drugs, legal highs, alcohol or other stimulants, as well as the organization of gambling, (iii) violating the rights and personal rights of third parties, (iv) violating the rules of fair competition, (v) violating the provisions of the Terms of Service, (vi) related to or referring to tantra and practices similar to it, or (vii) harming the good name, reputation or reputation of Lovie;
use the Application only in a manner consistent with its purpose;
not copy, modify, distribute or reproduce all or part of the Application;
not advertise products whose advertising is prohibited or subject to restrictions in accordance with applicable law, and advertisements for products whose marketing is prohibited in accordance with applicable regulations, including but not limited to the advertising of alcohol, tobacco, medicinal products, narcotics, weapons;
not give third parties access to the Application except for employees and associates authorized by them - only the Partner is responsible for the confidentiality and security of his Account, including keeping secret passwords and login;
inform Lovie immediately of any unlawful use of his Account by third parties;
inform Lovie immediately if third parties pursue their claims in connection with a violation of the law by the Partner using the Application.
Upon commencement of use of the Lovie Boost Package, the Partner grants Lovie a non-exclusive, royalty-free, territorially unlimited and indefinite license (but for a period of time not shorter than the term of the Agreement) to use the materials posted by the Partner (in particular, photos, videos) in the social media profiles - Facebook, and Instagram, for informational, promotional or advertising purposes of the Partner, the Application or the Customer Application, in all fields of exploitation known at the time of granting the license, including the following fields of exploitation:
in terms of recording and reproduction of the said Partner's materials - production by a specific technique of copies of such content, including digital, magnetic recording, and printing and reprographic techniques;
in terms of trading the original or copies on which the said Partner's materials were recorded - marketing the original or copies of the work;
in terms of dissemination of the said Partner's materials in a manner other than specified in point b. above - public performance, exhibition, display, reproduction, as well as broadcasting and re-broadcasting, as well as making the said materials available to the public in such a way that anyone can access them at a place and time of their own choosing, including making the content available on the Internet, in particular in the Application;
the aforementioned license includes the right to sublicense, permission to exercise derivative rights, and the right to authorize the exercise of derivative copyrights. In addition, the Partner undertakes that the use of the Partner's materials covered by this license, in accordance with the scope of the above-described license, shall not violate the Partner's or any third party's rights, in particular with respect to the right of publicity and copyright (including personal copyright, in particular the right to mark the work with the author's name).
In the unlikely event that the Partner experiences irregularities in the operation of the Application, these should be reported to Lovie via email to hello@loviebooking.com for review and investigation.
VI. Reservation, confirmation and cancellation
Reservations are made via the Customer Application. The Partner can confirm the Booking automatically or manually using the Application. The Booking takes place upon confirmation by the Partner (automatically or manually).
The automatic booking confirmation mode is set as a default; however, the Partner can change this from automatic to manual in the Profile settings. By changing the confirmation mode from automatic to manual, the Partner undertakes to confirm the Booking within 24 hours of receiving the Reservation request. Failure to meet this deadline by the Partner means that the Booking has an unconfirmed status, so the Service does not have to be carried out by the Partner, and the Customer can cancel it without consequence. The Partner shall be solely responsible for the implementation of Services for the Customers after making the Booking and confirming it, while the generally applicable laws shall apply.
The conditions on which the Booking is made may be specified by the Partner in the information made available to the Customer in the Application before making the Booking. The content of this information and generally applicable provisions, in particular provisions on consumer rights, determine whether, what type and content the contract is accepted between the Partner and the Customer.
The Partner(s) terms and conditions of Booking, referred to in paragraph 3 above, may make the Booking subject to payment by the Customer of a cancellation fee or deposit. Any and all information about any possible obligation and its specific terms and conditions must be clearly disclosed to Customers in the Application before they make the Booking.
The payment of a cancellation fee is intended to protect against the Customer's absence or cancellation of the Booking after the deadline specified by the Partner and requires the Customer to "connect" the payment card to the Application. The amount of the cancellation fee is charged to the Customer's account (either automatically or manually, depending on the selected set-up) and is retained by the Partner if the Customer cancels the Booking after the deadline specified by the Partner or does not appear at the Partner on the reserved date.
Where a deposit is required to be paid in advance by the Customer and the Customer fails to make such a deposit, the Booking will not be made.
The Partner(s) terms and conditions of Booking, referred to in paragraph 3 above, should specify at least:
the amount of the cancellation fee and/or any deposit amount;
the conditions for charging them from the Customer's account, including the maximum deadline for canceling the Booking without consequences in the form of charging a cancellation fee (the default deadline is three days before the Booking date);
conditions of retaining any deposit by the Partner, including determining the maximum deadline for canceling the Booking without the consequence of retaining the deposit (the default period is three days before the Booking date), unless the deposit will not be retained by the Partner in the event of cancellation of the Booking or failure to appear within the reserved period.
The Application allows for the possibility of cancellation of the Booking by the Customer even after prior confirmation by the Partner. The effects of canceling a Booking may be specified in the Partner(s) terms and conditions of the Booking referred to in paragraph 3 above.
The Partner(s) terms and conditions of Booking, referred to in paragraph 3 above, including those concerning cancellation fees, deposits, and cancellations, do not exclude or limit the Customer's rights as a consumer under the generally applicable provisions, in particular the right to withdraw from a distance selling contract.
VII. Fees
The Partner is obliged to pay Lovie the Fees for using the Application, in the amounts specified in the Partner Account, available in the Application.
Failure to pay the Fee within 14 days of the first payment attempt by Lovie will result in the suspension of the use of Lovie services as part of the Application, and a block will be put on the Partner's Account. The services will be resumed, and the account will be unblocked within 12 hours on the next business day (Monday-Friday, from 9:00 am to 5:30 pm, excluding public holidays) after successful payment.
Invoices are available electronically on the Partner's Profile, which the Partner expressly accepts. Or Lovie invoices are sent by post or e-mail.
Any complaint by the Partner concerning the invoice must be made by means of a reasoned request sent to hello@loviebooking.com or via the Chat in the application, within 7 (seven) calendar days from the date of issue of the invoice. In the absence of such a request, the Partner will be deemed to have accepted the invoice.
If the Partner activates the Mobile Payments, the Partner accepts that the Customer payments received by the Partner will be reduced as detailed in Section XI paragraph 9 below.
To confirm that the payment card information the Partner has provided is accurate, Lovie may place a temporary GBP 1.00 authorization hold on its debit or credit card at the time Partner provides its payment card information through the Lovie Application. After Lovie verifies that your payment card information is accurate, usually within a few days, the GBP 1.00 hold will be removed. In no event will Partner’s payment card be charged for this GBP 1.00 authorization.
VIII. Lovie’s rights and responsibility
Lovie is entitled to carry out verification activities aimed at checking the information contained in the Application and Accounts and Profiles in terms of their authenticity and compliance with this Agreement and any applicable laws and regulations.
If Lovie raises any doubts with respect to compliance with this Agreement by the Partner or receives an official notification or receives reliable information about the unlawful nature of any Content published by the Partner in the Application or the unlawful behavior of the Partner in connection with the Application, Lovie reserves the right to take the following actions:
request the Partner to immediately remove false, misleading, or non-compliant Content from the Application / Profile or update the Content, or block access to the Content contained in the Application / Profile;
request the Partner to immediately submit to Lovie its position and any evidence of the legality of the Partner's operation in the Application / Profile;
refuse to post any Content in the Application / Profile, immediately blocking access to the Content contained in the Application / Profile, and/or deleting Content from the Application / Profile;
block the Partner Account.
Lovie reserves the right to exercise the rights referred to in paragraph 2 above at its own discretion.
Except in urgent cases, Lovie will notify the Partner via email or via the Application of its intention to carry out one or more of the activities detailed in paragraph 2 above.
In the event of any claims being made to Lovie or a request to disclose Partner's data by authorized bodies or by an entity intending to pursue claims, Lovie is entitled to familiarize itself with the facts and to possibly secure and forward the Partner's data and other information contained in the Application, as necessary for the implementation and processing of any claims or requests.
The total liability of Lovie under this Agreement for failure to comply with the terms of this Agreement or failure to use reasonable care and skill is limited in the aggregate to the amount representing the sum of Lovie’s remuneration received from the Partner within three months before the date of the damage. Lovie will not, however, be liable for any loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities, or goodwill. Nor will Lovie be liable for any loss or corruption of any data, database, or software, or for any special, indirect or consequential loss or damage.
Lovie does not bear any responsibility towards Users related to the Service, including payment by the Customer for the Service. In addition, Lovie is not liable to Partner(s) for:
interruptions in the operation of the Application arising from reasons beyond the control of Lovie, in particular, those constituting force majeure;
functioning of ICT systems and telecommunications networks when making payments via the Application;
problems or technical difficulties on the part of the Partner related to the operation of computer or telecommunications equipment that impede or prevent the use of the Application or services offered through it;
damages caused by Users in connection with the operation of the Application or their activities in it, including those related to the violation of any laws, the unauthorized use of data made available through the Application, providing false and incomplete data, and outdated information or failure to update it;
damages caused by Users through violation of the rights of third parties, as well as damages caused by the actions of third parties;
damages caused by Users in connection with their improper performance or non-performance of contracts accepted via the Application;
damages incurred by Partner(s) in connection with blocking or deleting an Account from the Application;
the content of opinions published by Customers in the Customer Application.
Lovie has the right to temporarily cease to provide access to the Application in the event of a breakdown, inspection, or improvements of the ICT system belonging to Lovie. In the event of complete deactivation of the Application, an appropriate message will be published on the Lovie website.
If this Agreement is terminated for any reason, the Partner's Account and all related data and information will be permanently blocked, and any License granted under this Agreement will cease with immediate effect. Lovie will notify the Partner in the event of termination and/or permanent blocking of the Account. In the event of termination of this Agreement by Lovie and permanent blocking of the Account, the Partner shall not be entitled to any claims related to Lovie. At the Partner's request, Lovie will provide them with the Partner's data and information stored by them in the Application within 3 months of the termination of this Agreement. After this date, any and all data will be deleted, unless the obligation to process them further arises from separate legal provisions or Lovie processes the same Personal Data as a separate Controller.
Lovie is not responsible for any stored data or related activities, and Lovie does not review or check such data or activities and, as such, cannot be aware if the stored data contains information of an unlawful nature. In the event that Lovie receives an official notification or reliable information about the unlawful nature of the stored data or related activities, Lovie reserves the right to immediately prevent access to such data. Lovie shall not be liable to the Partner for any damages resulting from preventing access to such data.
IX. Complaints
Complaints should be submitted via email to hello@loviebooking.com.
Complaints will be considered within 30 days of their receipt. In complicated cases or when the complaint cannot be resolved within the above deadline for reasons not attributable to Lovie, Lovie reserves the right to extend the deadline for examining the complaint to a maximum of 8 weeks.
Lovie’s decision on the complaint will be final and will be sent to the email address indicated in this Agreement or relevant Registration as applicable.
X. Technical requirements
In order to use the Application, it is necessary to have devices that allow access to the internet, email, and a web browser. The use of Lovie services via the Application requires an active internet connection. Using the Application on a mobile device requires a functional mobile device. The Partner is fully responsible for taking care of all the technical requirements of the mobile device, its configuration, software update, and internet access.
Requirements that mobile devices must meet: Android operating system not older than version 5.00 or iOS (Apple) operating system not older than version 14.0.
Requirements that must be met by computers (laptops, PCs): the ability to run the Chrome web browser in the latest version available and access to the internet.
Lovie uses cookies, which enable the collection of information related to the use of the Application. Cookies are text files that are saved on the hard disk in the computers of persons visiting the Application in order to save information and data on the use of the Application in them. Failure to enable cookies may result in irregularities or difficulties in the operation of the Application.
Most used web browsers (e.g., Firefox, Google Chrome, or Internet Explorer) contain the option of rejecting the command to store cookies. The user can independently set the browser to be able to reject requests for storing cookies at all or only selected cookies.
Particular threats related to the Users' use of the Application include providing login data to unauthorized persons who may intentionally change the configuration of the Partner Profile. This applies in particular to essential elements of the Profile, such as the types of Services offered, price lists, photos, and other information about the Partner. Therefore, it is recommended to keep secret system passwords, as well as separately configure access to the Application for the Partner's employees.
XI. Mobile Payments
Lovie has put an agreement in place with a Payment Operator to provide the ability for Partner(s) to accept payments from Customers.
The services of the Payment Operator are completely separate from Lovie and do not form part of this Agreement. Lovie does not collect or store any payment card data. Lovie does not directly support payment transactions and is not a payment service provider or payment institution within the meaning of the Mobile Payments Regulations 2017, SI 2017/752.
Payments made by the Customer to the Partner for the Service rendered are settled by the Payment Operator.
The Partner may accept Mobile Payments from Customers if:
he or she accepts the terms of service of the Payment Operator, which results in the conclusion of an agreement for accepting payments directly between the Partner and the Payment Operator. A Partner who does not accept the terms of service of the Payment Operator will not be able to use Mobile Payments, and
activates Mobile Payments in the Partner Application.
The Partner may also activate payments via "Tap to Pay", which is one of the types of Mobile Payments that allows Customers to make payments for the Partner's Services using contactless technology. The provisions of point 4 above shall apply accordingly to the activation of "Tap to Pay". The Partner acknowledges that the activation of "Tap to Pay" (if this solution is available and the Partner has a device that meets the technical requirements necessary to use it) is only possible in the case of prior activation of Mobile Payments.
The services of Payment Operator and Mobile Payments are independent of Lovie and do not form part of the Agreement. Lovie does not provide payment services or perform activities within Mobile Payments and is not responsible for services provided within Mobile Payments or for any other services provided to the Partner by the Payment Operator.
Mobile Payments for the Partner's Services are made and settled by the Payment Operator, in accordance with the Payment Operator's terms of service available each time on the Payment Operator's website. Ordering, authorizing and executing Mobile Payments is specified in the terms of service of the Payment Operator.
The Partner is obliged to use Mobile Payments in accordance with the provisions of law and the agreement binding it with the Payment Operator, including the terms of service of the Payment Operator.
Partners using Mobile Payments pay an operational fee in the amount specified in the Partner Account available in the Application. The operational fee will not be refunded to the Partner for any reason, including in the event that the Partner is required to refund the Customer's payment for the Partner Service.
Except as required by law, you shall remain solely and exclusively responsible for retaining permanent records of all transactions processed via your Partner Account settings.
We are not responsible and accept no liability for any delay in the payout. To inquire about a payout schedule for any particular transaction, please review your Payment Report or contact Lovie at hello@loviebooking.com.
In the event your payout account becomes negative, you agree that we have the right to offset any incoming payments against the negative balance. Should you fail to bring your account to positive, we may block you from accepting further payments and institute legal proceedings for collection.
You agree to provide current, complete, and accurate deposit account information for payout. You agree to promptly update your Partner Account and other information, including your address, email address, and bank account information so that we can complete your transactions and contact you as needed.
If a Customer is not the authorized user of the payment method or otherwise contests the transaction, the amount of a transaction may be reversed or charged back provided that the transaction: (a) is disputed, (b) is reversed for any reason by the payment network, Lovie’s Payment Operator, or the Customer or its financial institution, (c) was not authorized or Lovie has any reason to believe that the transaction was not authorized, or (d) is allegedly unlawful, suspicious, or in violation of these Terms. For any transaction that results in a chargeback, Lovie will withhold the chargeback amount in reserve from the amounts payable to Partner. We may recoup the amount of any chargeback and any associated fees and fines assessed by a network or our processor.
For each successful chargeback, the Partner will be charged a processing fee indicated in the amount of 20 GBP. The Partner grants Lovie a power of attorney to order payments on its behalf in the Payment Operator's system in order to pay amounts due to Lovie from the Partner to Lovie’s accounts and to refund Mobile Payments from the Partner to Customers, including as part of a chargeback, as well as to make recovery attempts for Partner of amounts collected as part of a chargeback.
If you have pending chargebacks, we may delay payments, and if we reasonably believe that a chargeback is likely with respect to any transaction, we may withhold the amount of the potential chargeback from payments otherwise due to you until such time that: (a) a chargeback is assessed due to a Customer complaint, in which case we will retain the funds; (b) the period of time under applicable law or regulation by which your Customer may dispute that the transaction has expired; or (c) we determine that a chargeback on the transaction will not occur. If we are unable to recover funds related to a chargeback for which you are liable, you agree to pay us the full amount of the chargeback immediately upon demand. You agree to pay all costs and expenses, including attorneys' fees and other legal expenses, incurred by us for the collection of all amounts unpaid by you.
The Partner or Lovie (acting on behalf of the Partner; the Partner grants power of attorney to Lovie by accepting these Terms of Service) may dispute the Customer's requests for a chargeback. For this purpose, the Partner authorizes Lovie to participate in chargeback proceedings conducted by the Payment Operator or card organizations, and may also request from the Partner or the Payment Operator information necessary to dispute the chargeback. If Partner fails to provide information requested by Lovie within seven (7) days of receipt of the request, Lovie may be unable to assist Partner with the chargeback proceeding and the chargeback dispute will not be honored. Affiliate will pay reasonable costs and expenses incurred by Lovie in connection with a chargeback proceeding.
If a given Partner receives an excessive number of Customer chargeback requests in relation to the number of Mobile Payments, the Partner authorizes Lovie to submit a request to the Payment Operator to establish additional conditions, at Lovie’s discretion, regarding the Partner's Account, including:
establishing new handling fees,
creating a reserve in an amount determined by Lovie, necessary to cover expected chargebacks and related fees,
delaying payments or
interruption or suspension of Mobile Payments.
Lovie is not responsible for the consequences of the Payment Operator's implementation of the additional conditions indicated above.
The Partner orders Lovie to examine and analyze each Mobile Payment due to the Partner to determine whether it is illegal, raises doubts as to its legality or violates these Terms of Service or the Terms of Service of the Payment Operator. If one of the above circumstances is found, Lovie is entitled, on behalf of the Partner, to request that the Mobile Payment be suspended by the Payment Operator or that it be returned by the Payment Operator to the Customer. In order to perform the above-mentioned activities, the Partner grants Lovie, by accepting these Terms of Service, the power of attorney to obtain all information regarding Mobile Payments from the Payment Operator and to order the suspension of Mobile Payments or the return of Mobile Payments to the Customer. At the same time, the Partner allows Lovie to share information about the refund of the Mobile Payment to the Customer, the Customer's financial institution, the Payment Operator, payment networks and its financial institution.
Where we, in our reasonable opinion, are required to do so by law, we reserve the right to withhold funds for services that we reasonably deem suspicious with regard to money laundering, unauthorized business, fraud, or other illegal activities or in case of any other chargebacks or revocations.
The Partner can check the Mobile Payments schedule in the report available in the Application or contact Lovie at the following address: hello@loviebooking.com. For this purpose, the Partner grants Lovie, by accepting these Terms of Service, a power of attorney to obtain from the Payment Operator all information regarding Mobile Payments that the Partner has received or is to receive using the Payment Operator's services.
Lovie has no obligation to accept any returns of any of your goods or services on your behalf. By using Mobile Payments, you agree to comply with all applicable bylaws, rules, and regulations set forth by the Payment Operator.
We are entitled to set off any and all claims against amounts payable to Lovie by Partner. In addition, to the maximum extent provided by law, we may collect any and all obligations due and owing by you to us by deducting them from your pending transactions in the deposit account. Fees shall be assessed at the time of transaction processing and will be deducted from the funds received. Your failure to pay all amounts due and owing shall be deemed an immediate breach of this Agreement for which you will be liable. You further agree to pay all fees and costs, including but not limited to attorneys' fees and costs, incurred by or on our behalf arising from or related to the collection of any unpaid obligations by you.
Partner is responsible for determining any taxes accrued, incurred or required to be collected, paid or withheld in connection with the use of Mobile Payments. Partner is also solely responsible for collecting, withholding, reporting and remitting correct taxes to the appropriate tax authority. Lovie has no obligation to determine whether any taxes apply to the computation, collection, reporting or remittance of any taxes to any taxing authority from any transaction.
Mobile Payments cannot be used to pay for products or services indicated on the Payment Operator's List of Restricted and Prohibited Businesses.
XII. Gift Cards
Partners who activate Mobile Payments may provide Customers with the opportunity to purchase electronic vouchers, entitling them to the use of Partner’s Services (a "Gift Card").
Partners shall provide all information required by Lovie to enable Lovie to set up the Gift Card opportunity on the Application. Partners are responsible for ensuring that the information provided is accurate. Lovie shall not be responsible for any errors as a result of inaccurate information provided by Partners.
The Customer can purchase a Gift Card:
through the Application - on the profile of the respective Partner by clicking on the designated tab;
in person at the specific Partner’s location.
The Gift Card is activated only upon receipt of payment and is sent to the Customer's email address in PDF (or another) format.
The Customer pays for the Gift Card:
as described in the Gift Card description on the respective Partner's profile, when purchasing the Gift Card through the Application, which purchase shall be subject to the terms and conditions set out in the Application in respect of the purchase of Gift Cards;
based on the terms agreed upon with the Partner - when purchasing the Gift Card in person at the Partner’s location.
Partners offering the sale of Gift Cards through the Application will incur the Operational Fee for processing payments, in accordance with point XI.9 of the Terms of Service.
The Customer may use the Gift Card exclusively at bricks-and-mortar outlets by presenting the Gift Card to the Partner from which it was purchased.
Partners are issuers of Gift Cards and shall be solely responsible for the sale and use of Gift Cards and for the proper performance of the Partner Services covered by Gift Cards.
Partners are also solely responsible for compliance with applicable laws and regulations in relation to the provision of Gift Cards to Customers, handling complaints and enabling the Customer to exercise their consumer rights. Lovie assumes no liability as referred to in this point. In order to submit a complaint or exercise consumer rights, the Customer is obliged to make direct contact with the Partner from which the Gift Card was purchased.
Detailed rules defining the provision and use of the Gift Card are specified by the Partner in the offer made available by the Partner in the System. In particular, the Partner may specify:
the scope or type of Partner Services;
the price and the value of the Gift Card expressed in currency (e.g. the price of the Gift Card is 100 GBP and the value of the Gift Card is 120 GBP, which means that the Gift Card entitles to a Partner Service worth 120 GBP);
the validity period of the Gift Card, i.e. the last day on which the Gift Card may be used;
other additional information.
The terms set out by the Partner under which the Gift Card is provided and redeemed shall not exclude or restrict:
the provisions of the law in force, including consumer protection laws;
the rules for chargebacks, as set out in the respective terms and conditions of banks or payment cards/credit card operators/providers.
A Gift Card cannot be exchanged for cash without the consent of the Partner. The balance of the Gift Card is not subject to interest. The Gift Card is not an electronic payment instrument, an electronic money instrument or a payment card.
The Gift Card cannot be topped up (repeatedly).
The Gift Card is issued to the bearer. If the Gift Card is transferred to another person, the Customer transferring the Gift Card is obliged to inform the recipient of the Gift Card of the terms and conditions of using Gift Cards as defined in these Terms of Service and the Partner’s offer.
If the Customer uses a Partner Service with a price that is lower than the value of the Gift Card, the Gift Card balance will be reduced accordingly, and the remaining amount will be available for use within the Gift Card’s validity period.
The Customer may use a Partner Service with a price higher than the funds available on the Gift Card by paying the difference with another method of payment.
The Customer may not use several Gift Cards for a single booking.
The Customer may check the balance and expiry date of the Gift Card by visiting their account in the Application or by contacting the Partner from which they purchased the Gift Card.
With the expiration of the validity period of the Gift Card, the Customer will lose the opportunity to use the Gift Card with the respective Partner. The validity period of the Gift Card cannot be extended. In particularly justified cases, including if the use of the Gift Card was impossible within its validity period for reasons beyond the Customer's control, the Partner may decide to extend the validity period of the Gift Card or issue a new Gift Card with a value corresponding to the expired Gift Card.
The Partner may decide to terminate the sale of Gift Cards at any time. Customers who have purchased Gift Cards by the closing date of the sale are entitled to redeem them under the existing terms and conditions.
The Partner is not liable for Gift Cards that are lost or damaged after they have been issued to the Customer. The Partner is unable to block a Gift Card in the event of its loss or damage.
XIII. Personal data. Privacy
By using the Application, the Partner agrees that Lovie may collect and use their personal data and the personal data of its Customers. Lovie shall use the personal data collected through the Application only as described in the Personal Data Processing Agreement (Annex 1) and in accordance with the GDPR.
Upon confirmation of the Reservation, a contract between the Customer and the Partner for the provision of Services by the Partner to the Customer is concluded. In addition:
the Customer may, in the Customer Application, grant to the Partner consents for the Partner to process personal data for purposes other than for the performance of the contract with the Customer and consents for marketing communications;
Lovie makes available to the Partner via the Application the personal data of the Customer needed for the Partner to provide Services to that Customer;
the Partner becomes the data controller of such Customer's personal data, and is therefore obliged to comply with the principles set forth in the GDPR and is liable under the regulations.
The Partner is aware that termination of the Personal Data Processing Entrustment Agreement will result in Lovie’s inability to provide Lovie Services to the Partner under the Agreement to the extent requiring the processing of data of which the Partner is the controller, and therefore, upon termination of the Personal Data Processing Entrustment Agreement, Lovie’s obligations in this regard shall cease.
When the Partner will use the tools available within the Lovie Services (e.g., appointment calendar, reminders, marketing) - Lovie will process the Customer's data on behalf of the Partner under the terms of the Data Processing Agreement.
The Partner is also the controller of the personal data of a Customer with whom he enters into a contract outside the Application (e.g., at a salon). If he enters this data into the Application, he is still the data controller, and Lovie processes the data on behalf of the Partner under the Personal Data Processing Entrustment Agreement.
Lovie is not responsible for the scope of Customers' personal data collected by Partners and for the legality of the collection of such data by Partners. The detailed obligations of the parties in this regard are contained in the Personal Data Processing Entrustment Agreement.
XIV. Final Provisions
Lovie reserves the right to amend the Terms of Service, including its integral parts and other documents used by Lovie for a valid reason. A valid reason is:
to comply with generally applicable laws, interpretations or guidelines of a competent authority;.
the issuance of a judgment, decision or other similar act by a court or a competent authority;
to prevent violations of the Terms of Service or to prevent abuse, as well as to remove ambiguities or doubts of interpretation regarding the content of the Terms of Service;
changes in the names, addresses or company data indicated in the content of the Terms of Service;
changes in technical parameters or functionality of the System;
changes in the scope, form or conditions of the Lovie Services.
Lovie shall notify the Partner of the changes to the Terms of Service via email sent to the email address associated with the Partner’s Account at least 15 days before they become effective. The Partner may not accept the changes, in which case the Partner has the right to terminate the Agreement with immediate effect by submitting an appropriate written or documentary statement in accordance with Section IV, paragraph 4 of the Terms of Service within 15 days of receiving the notification of the change.
Lovie may change the Terms of Service without observing the notification period referred to in paragraph 2 above in the event that Lovie:
is subject to a legal or regulatory obligation which requires to change the Terms of Service in a manner that does not allow Lovie to respect the notification period,
has exceptionally to change its Terms of Service to address an unforeseen and imminent danger related to the protection of Lovie’s Services, Customers or Partners from fraud, malware, spam, data breaches or other cyber security threats.
This Agreement shall be construed in accordance with the laws of England and Wales, and the parties agree to submit to the exclusive jurisdiction of the English courts.
In addition to the rules, the integral part of the contract is:
Annex 1 to the Terms of Service of the Lovie BIZ Application - Personal Data Processing Entrustment Agreement.
Annex 1 to the Lovie Biz Application Terms of Service
Personal Data Processing Agreement
1 DEFINITIONS
All terms capitalized in this Personal Data Processing Agreement shall have the meaning given in item I of the Terms of Service to which this Personal Data Processing Agreement constitutes a schedule.
Other than as indicated in section 1 above, terms used in the Personal Data Processing Agreement shall have the following meanings:
Controller – a natural or legal person, public authority, entity, or another body that, alone or jointly with others, determines the purposes and means of Personal Data processing.
Personal Data – means any information relating to an identified or identifiable natural person ('data subject'); an identifiable natural person is one who can be identified, directly or indirectly, in particular, by reference to an identifier such as a full name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Data Processor – an entity that processes Personal Data on behalf of the Controller.
GDPR – 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 (General Data Protection Regulation).
2 SUBJECT MATTER OF THE PERSONAL DATA PROCESSING AGREEMENT
Pursuant to the Personal Data Processing Agreement, the Partner, acting as the Controller, entrusts Lovie as the Data Processor – pursuant to Article 28(3) of the GDPR – with the processing of Personal Data to the extent specified in section 3 of the Personal Data Processing Agreement.
3 SCOPE OF ENTRUSTMENT
The subject matter of the entrustment of Personal Data processing under the Personal Data Processing Agreement is any Personal Data that the Partner as their Controller will process in the Application using the Lovie Services under an Agreement concluded with Lovie.
The Personal Data referred to in section 1 above shall, in particular, include the following:
Personal Data of the Partner's Customers, employees, or associates, such as:
first name, surname, email address, telephone number, tax identification number or personal identification number;
other than as set out in (i) above, Personal Data arising from the specificity of the Lovie Services to be used by the Partner under the Agreement, in particular, Personal Data relating to the Customer's booking history of Partner Services and their activity in the Application in relation to the Partner, including:
Personal Data of the aforementioned persons entered by them into the Application when using its functionalities, including Customer Data related to the Customers' use of Partner Services;
Customer Personal Data made available to the Partner by Lovie under the Agreement in connection with the Customer's booking of a Partner Service via the Application;
Customer Data entered by the Partner into the Application in connection with the use of its functionalities, including the data of Customers who have entered into agreements with the Partner outside the Application.
Customer Personal Data belonging to the special categories of Personal Data referred to in Article 9(1) of the GDPR, but only if:
Customer Personal Data is entered into the Application by the Partner or by the Customer,
and if the necessity of entrusting them to Lovie by the Partner results from the specificity of the Partner Services provided to Customers.
4 PURPOSE, NATURE, AND DURATION OF THE ENTRUSTMENT OF PERSONAL DATA PROCESSING
The entrustment of the processing of Personal Data under the Personal Data Processing Agreement takes place with the consent and at the documented instruction of the Partner (as referred to in Article 28(3)(a) of the GDPR and Article 29 of the GDPR), for the purpose of performing the Agreement, namely:
the entry into agreements between Partners and Customers and the provision of Partner Services to Customers by Partners, including:
informing Customers of an appointment or its cancellation;
contacting Customers for the purpose of arranging or performing Partner Services by the Partner;
maintaining a calendar of visits by the Partner;
marketing of Partner Services;
direct marketing of Partner Services;
profiling/grouping;
researching Customer preferences regarding the demand for Partner Services (e.g., via telephone, text message, or email surveys);
performing binding legal obligations by the Partner;
compiling reports, analyses, and statistics for Lovie’s internal purposes.
The Parties consider as documented the instruction referred to in section 1 above, the entry into the Agreement and the Personal Data Processing Agreement, as well as the Partner's selection of Lovie Services under the Agreement.
Lovie shall process the Personal Data entrusted to Lovie for processing by the Partner in a fully or partially automated manner, electronically via Lovie’s IT systems, including the Application, and in a traditional form, i.e., on paper.
5 RIGHTS AND OBLIGATIONS OF THE PARTIES
The Partner declares that any Personal Data entrusted by them to Lovie for processing under the Personal Data Processing Agreement shall be obtained and shall be processed by them in accordance with the provisions of the law in force, in particular, the GDPR. In connection with the preceding sentence, the Partner shall have a legal basis for the processing of Lovie Personal Data entrusted to them, whose basis is set out in Article 6(1) of the GDPR or in Article 9 of the GDPR. Lovie is neither obliged nor entitled to verify the lawfulness of the processing of the Personal Data entrusted to it for processing by the Partner.
The Parties agree that if the Partner is obliged to fulfill the information obligation, as set out in Articles 13 and 14 of the GDPR, towards the Customers, this obligation shall be carried out in accordance with the following provisions:
if the Customer Personal Data is provided to the Partner in connection with the Customer's booking of a Partner Service via the Application, Lovie shall, using the Application on behalf of the Partner, fulfill the information obligation towards Customers by entrusting the Customer with the Partner's information obligation;
if Customer Personal Data is entered into the Application by the Partner, the Partner shall alone comply with the information obligation towards Customers.
The Parties agree that:
if Customer Personal Data is made available to the Partner in connection with the Customer's booking of a Partner Service via the Application – Lovie shall use the Application on behalf of the Partner to collect the Customer's consent for the Partner to provide the Customer with commercial information about the products and services offered by the Partner by means of electronic communication, including to an email address specified by the Customer, as well as within the website or the Application, and for the use of telecommunications terminal equipment and automated calling systems, including voice calls and text messages, for the purposes of direct marketing, provided that the exact content of this consent is at the discretion of Lovie;
if Customer Personal Data is entered into the Application by the Partner, the Partner shall independently collect the consent referred to in item (a) above from the Customer.
Taking into account the nature of the processing, Lovie shall assist the Partner by appropriate technical and organizational measures, insofar as this is possible, to fulfill the obligation to respond to the data subject's request in relation to the performance of their rights laid down in Chapter III of the GDPR.
Taking into account the nature of the processing of Personal Data entrusted to Lovie by the Partner and the information available to Lovie, Lovie warrants to assist the Partner in complying with the obligations set out in Articles 32 to 36 of the GDPR.
Lovie is obliged to assist the Partner in fulfilling their obligation to exercise the right to erase the Personal Data of the data subject if the aforementioned person makes such a request to Lovie. In particular, if the data subject requests that Lovie deletes the Personal Data entrusted to Lovie for processing by the Partner, Lovie is entitled, after informing the Partner within 7 days of the request of the data subject, to delete their Personal Data processed by Lovie from all carriers, programs, and applications, including the Application.
Lovie is obliged to assist the Partner in fulfilling their obligation to exercise the right to withdraw the consent for the Partner to provide the Customer with commercial information, as referred to in section 5(3) above, in the event that Lovie is requested to do so by the aforementioned person. In particular, if the data subject submits to Lovie a request for the withdrawal of consent for the Partner to provide the Customer with commercial information, as referred to in Article 5(3) above, Lovie is entitled, after informing the Partner within 7 days of the request submitted by the data subject, to comply with the aforementioned request of the data subject.
Lovie is entitled, after informing the Partner in advance, to transfer Personal Data entrusted by the Partner for processing outside the European Economic Area if they comply with the detailed requirements set out in Chapter V of the GDPR "Transfers of personal data to third countries or international organizations" and, in particular, ensure that the transfer of Personal Data takes place on the basis of appropriate legal mechanisms, in particular, Commission Implementing Decisions, standard clauses or other similar legal instruments provided for in the GDPR.
The Partner shall inform Lovie immediately, but no later than within 5 days of becoming aware of any proceedings, in particular, administrative or judicial, regarding the processing of Personal Data entrusted for processing under the Personal Data Processing Agreement, of any administrative decision or any ruling regarding the processing of such Personal Data, as well as of any planned or ongoing checks and inspections regarding the processing of Personal Data entrusted for processing under the Personal Data Processing Agreement.
6 AUDIT
Lovie shall provide the Partner with all information necessary to demonstrate compliance with the obligations set out in Article 28 of the GDPR and to allow the Partner or an auditor authorized by the Partner to carry out audits relating to the entrustment by the Partner to Lovie of the processing of the Personal Data indicated in the Personal Data Processing Agreement, which shall include inspection and contribution.
The Partner's right to an audit referred to in section 1 above may only be exercised during Lovie’s business hours, i.e., Monday to Friday between 9 am and 5 pm, excluding public holidays, and may not interfere with Lovie’s operation. Furthermore, the performance of an audit by the Partner must not lead to the disclosure of Lovie’s trade secret.
The Partner is obliged to inform Lovie of the planned audit at least fourteen days in advance.
All costs associated with the audit shall be borne by the Partner.
If the Partner decides to have the audit carried out by an authorized auditor, Lovie has the right to make the audit subject to a non-disclosure agreement with the auditor.
If any deficiencies are found during the audits, Lovie shall, if possible, rectify them within a period set by the Parties. If the deficiencies identified by the Partner are not remedied, Lovie shall inform the Partner of the reason for the failure to remedy these deficiencies.
7 USE OF OTHER DATA PROCESSORS
The Partner gives its consent, i.e., the general consent referred to in Article 28(2) of the GDPR, for Lovie to use other data processors (i.e., further data processors). If Lovie uses the services of further data processors to carry out specific processing activities on behalf of the Partner, the same obligations for the protection of Personal Data as set out in the Personal Data Processing Agreement shall be imposed on the further processor under the relevant agreement entered into between Lovie and the further processor, in particular, the obligation to provide sufficient guarantees to implement appropriate technical and organizational measures so that the processing complies with the requirements of the GDPR.
Lovie shall inform the Partner of Lovie’s use of further data processors and of any intended changes regarding the addition or replacement of further data processors, thereby giving the Partner the opportunity to object to such changes. Lovie shall inform the Partner of the aforementioned changes either via the Application or by means of a message addressed to the Partner and sent electronically (email).
The Partner is entitled to object to the changes in writing under pain of nullity within 7 days of receiving information about the aforementioned changes and providing their justification. The Parties assume that the absence of an objection during this period shall imply the Partner's consent to the change of the further data processor. The Partner shall not object to the aforementioned changes without valid reasons.
If the Partner objects to a change involving the addition or replacement of further data processors in accordance with sections 2 and 3 above, it may not be possible to process Personal Data for the purposes set out in the Personal Data Processing Agreement. In such a situation, Lovie shall be entitled to terminate the Personal Data Processing Agreement without notice, and Lovie shall be indemnified from liability for the non-performance or improper performance of the Personal Data Processing Agreement or the Agreement caused by the inability to process Personal Data for the purposes specified in this Personal Data Processing Agreement.
8 TECHNICAL AND ORGANIZATIONAL MEASURES
Pursuant to Article 28(3)(b) of the GDPR, Lovie shall ensure that persons authorized to process Personal Data entrusted to it for processing under the Personal Data Processing Agreement have been obliged to maintain the confidentiality of the Personal Data processed to which they have access.
Pursuant to Article 28(3)(c) of the GDPR, Lovie shall apply the technical and organizational measures required under Article 32 of the GDPR, i.e., in particular those appropriate to the identified risk of violation of the rights or freedoms of the Personal Data entrusted under the Personal Data Processing Agreement.
The Partner shall use technical and organizational measures to ensure an adequate level of security of the Customer Personal Data. Such technical and organizational measures include, in particular:
correct authentication within the Application;
an adequate level of security within the IT equipment used in the Application;
correct processing, storage, and archiving of documents (including forms) containing Customer Personal Data and of any declarations and consents expressed by Customers.
9 THE PROCEDURE RELATING TO DATA PROTECTION BREACHES. MUTUAL TRANSMISSION OF INFORMATION
The Parties shall notify each other immediately of potential breaches to the protection of Personal Data entrusted to Lovie for processing under the Personal Data Processing Agreement. In the event of a suspected breach of Personal Data protection, the Parties undertake to cooperate in accordance with the provisions of the GDPR.
Information about a breach of the protection of Personal Data entrusted to Lovie for processing under the Personal Data Processing Agreement shall include at least:
a description of the nature of the breach and, where possible, an indication of the category and approximate number of persons whose Personal Data has been breached as well as the amount/type of Personal Data involved;
a description of the likely consequences of the Personal Data breach;
a description of the measures implemented or suggested for implementation to address the breach, including to minimize its adverse effects.
The Parties unanimously confirm that they shall consult the necessity and content of breach notifications relating to the protection of Personal Data entrusted to Lovie for processing under the Personal Data Processing Agreement to the supervisory authority.
10 LIABILITY
Any liability of Lovie for the non-performance or improper performance of the Personal Data Processing Agreement, including for the provision or use of Personal Data contrary to the Agreement, and Lovie’s recourse liability towards the Partner, shall be limited to the amount equal to the net remuneration received by Lovie from the Partner under the Agreement during the three months preceding the occurrence of the damage.
If Lovie Services are provided by Lovie to the Partner for a period shorter than three months preceding the occurrence of the damage, any liability of Lovie for the non-performance or improper performance of the Personal Data Processing Agreement, including for the provision or use of Personal Data contrary to the Agreement, and Lovie’s recourse liability to the Partner shall be limited to the amount equal to the net remuneration received by Lovie from the Partner under the Agreement during the period in which Lovie provided Lovie Services to the Partner.
The liability referred to in this clause of the Personal Data Processing Agreement shall only cover the direct damage incurred by the Partner, i.e., only the losses incurred by the Partner, and shall not cover the profits that the Partner could have achieved if the damage had not occurred.
In the event that Lovie and the Partner are jointly and severally liable and Lovie pays to the authorized entity full compensation related to the processing of Personal Data under the Personal Data Processing Agreement, the Partner shall reimburse Lovie at Lovie’s first request the funds equivalent to:
a part of the damages corresponding to the part of the damage for which the Partner is liable (recourse claim), and
the difference between the amount of damages paid by Lovie corresponding to the part of the damage for which Lovie is liable and the amount indicated in section 1 above, in connection with the limitation of Lovie’s liability described in this provision.
11 MOMENT OF CONCLUSION, TERM, AND TERMINATION OF THE PERSONAL DATA PROCESSING AGREEMENT
The Personal Data Processing Agreement is entered into between Lovie and the Partner as soon as the Partner accepts the content of the Terms of Service during the Registration process.
The Personal Data Processing Agreement is entered into for the term of the Agreement, i.e., the Personal Data Processing Agreement is terminated without the need for any additional statements as a result of the termination or expiry of the Agreement.
Lovie may terminate the Personal Data Processing Agreement with immediate effect, without notice, if it is established that the Partner processes the Personal Data entrusted to Lovie in an unlawful manner, in particular, without the legal basis set out in Article 6(1) of the GDPR or in Article 9 of the GDPR.
In the event that Lovie processes the Personal Data entrusted to Lovie for processing under the Personal Data Processing Agreement contrary to the Personal Data Processing Agreement, the Partner may terminate the Personal Data Processing Agreement with immediate effect, without notice, after the ineffective expiry of an additional term of no less than seven days set by the Partner for Lovie to cease the violations.
The termination referred to in sections 3 and 4 above shall be tantamount to the termination of the Agreement with immediate effect.
The termination or cancellation of the Personal Data Processing Agreement shall not relieve the Parties of their obligations to cooperate and provide explanations where such obligations arise under the GDPR.
Within three months from the date of termination of the Personal Data Processing Agreement or the receipt of a written request to delete the Personal Data from the Partner, Lovie shall:
erase the Personal Data entrusted to Lovie for processing under the Personal Data Processing Agreement from all carriers, programs, and applications, including copies, or
irreversibly anonymize the data covered by the erasure request,
unless the obligation to process them further arises from separate legal provisions.
The Parties unanimously declare that the obligation to delete Personal Data, as indicated in section 6 above, refers exclusively to the Personal Data entrusted to be processed by the Partner under the Personal Data Processing Agreement and, in particular, shall not cover situations where Lovie, in accordance with the provisions of the Agreement, processes the same Personal Data as a separate Controller. In such a situation, Lovie shall cease processing Personal Data for the purposes set out in section 4(1) of the Personal Data Processing Agreement but may process it for the processing purposes it has specified.
12 FINAL PROVISIONS
The Personal Data Processing Agreement shall be amended in accordance with the procedure provided for amendments to the Terms of Service.
Any disputes arising from the Personal Data Processing Agreement shall be settled by a court of general jurisdiction having territorial jurisdiction for the registered office of Lovie.
If any provision of the Personal Data Processing Agreement proves to be invalid or ineffective, this shall not result in the invalidity of the Personal Data Processing Agreement. In such a situation, the Parties shall use their best endeavors to replace the provision deemed invalid or ineffective with a valid and effective provision, showing an intention as close as possible to the original intention of the Parties.
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