version 3.0
Effective as of 24th March 2023
Table of Content
1 Parties and Scope
2 The Service
3 Intellectual property rights, right of use
4 Registration
4.1 Registration, Email Address
4.2 Password use and handling
4.3 Validity of user provided data
5 Subscription
5.1 Common rules
5.1.1 Trial period
5.1.2 Cancellation of Subscription and Deletion of User Account
5.2 Individual Subscribers
5.3 Group Subscribers
5.4 Payment of the Subscription fee
5.4.1 Late payment
5.4.2 Storage of bank card data, use of "payment gateway service
5.4.3 3DS authentication, accepted credit card types
6 Liabilities
6.1 Liabilities and responsibilities of Service Provider
6.2 User responsibilities and obligations
7 Contents displayed and/or owned by third parties
8 Privacy policy
8.1 GDPR compliance
8.2 Data Protection Officer
8.3 The purpose and scope of data processing
8.4 Sensitive content
8.5 Access to data stored in the System, scope and extent of disclosed data
8.6 Handling of the User's perceived or actual location
8.7 Land occupancy map
8.8 Rights of users as data subjects
8.8.1 Right to access and to request a copy of your personal data held by us
8.8.2 Right to rectification
8.8.3 Right to erasure ('Right to be forgotten')
8.8.4 Right to restriction of processing
8.8.5 Right to data portability
8.8.6 Right to object
8.9 Newsletter and email marketing
8.10 Sharing data with Third Parties
8.10.1 Payment Gateway
8.10.2 Hosting provider
8.10.3 Newsletter-sending
8.10.4 META
8.10.5 Google Analytics
9 „Cookie” Policy
10 Contact Information
11 Applicable law, Jurisdiction
Previous versions of this document
0.1 These Terms and Conditions of Use (“these Terms”) govern the use of the HAMS.online website (“the Website”) and the services incorporated therein (“the Services”) and your legal relationship with us (for our company details, see “1. Parties and Scope” below), as well as other registered users of this Website that you may interact with.
0.2 Our Privacy and Cookie Policy is also incorporated in these Terms.
0.3 By registering on the Website, it will be deemed that you have completely read, understood and expressly agreed to these Terms.
0.4 For the purposes of these Terms, you will also be referred to as the “User” and/or — depending on your user status — “the Member” or “the Administrator”.
0.5 IMPORTANT NOTICE: NO MINORS! You must be at least 18 years old to register on this website. If you are under the specified age limit, we are entitled to suspend or delete your registration without assuming any liability.
1 Parties and Scope
1.1 The Website was designed, and is operated by Bit And Pixel Informatikai és Tanácsadó Korlátolt Felelősségű Társaság, a Hungarian Limited Liability Company, with its registered office at H-1033 Budapest, Szentendrei út 95., Hungary; Company Reg No.: Cg.01-09-879933; registered by the Company Registry Court of Budapest-Capital Regional Court; EU VAT number: HU13920472; telephone: +36309503382; e-mail: info@bitandpixel.hu (“the Service Provider” or “we”, “us”, “our”).
1.2 The legal relationship between the Parties is governed by the Terms and Conditions detailed in this document.
1.3 The legal relationship for the provision and use of the Services is established between the Service Provider on the one hand, and one of the following subscribers: (i) individual subscribers (hereinafter: “Individual Subscriber(s)”) or (ii) group subscribers (hereinafter: “Group Subscriber(s)”, Individual and Group Subscribers hereinafter jointly: “the Subscribers”) on the other.
1.4 For the purposes of their legal relationship with the Service Provider, Group Subscribers shall be considered as one contracting entity, the members whereof (hereinafter “the Group Members”) shall be jointly and severally liable for the obligations of other Group Members and the group as a whole. Where a Group Subscriber is a legal entity, the group itself shall be jointly and severally liable for the actions and omissions of its Group Members.
1.5 Group Subscribers shall appoint one member of their group as their representative for contact purposes and as an administrator (hereinafter “the Administrator”) who shall have the right to handle the details, grant and withdraw authorizations, access etc. of other Group Members of such group. The Service Provider is not responsible and cannot be held liable for any settings and modifications made by the Group Administrator, for the assignment and revocation of rights, or for the termination, denial, suspension of access to the account(s) used by the Group.
2 The Service
2.1 The Services are intended to help support and simplify the management of outdoor activities, forest and general land operations, habitat and wildlife management and field-sport activities for the Individual Subscribers, Group Subscribers and other Organisations.
2.2 The available functions are dependant on the type of user account selected during registration, or the roles and ranks given to User by the Administrator of Group Subscriber.
2.3 The Services shall be provided online (requiring an internet connection) via a compatible internet browser running on any compatible device (such as smartphones, tablets, PC) and on any common and compatible operating system (iOS, Android, Windows, OSX, Linux) or via the mobile app provided by Service provider after the registration of a User account.
2.4 Before subscribing, please check whether your device and/or operating system is compatible. We shall not be liable for any damages or losses whatsoever (including but not limited to the reimbursement of any payments you made to us or any third parties) that you incurred as a (direct or indirect) result of or in (direct or indirect) connection with your failure to make sure that our Services are operational on your device and/or operating system.
2.5 Service provider reserves the right to amend, improve or update these Terms, the Website, the Services and the Functions, as well as the software and/or hardware that makes these Services available and renders them operational, whenever these are, in our sole opinion, necessary for reasons such as technological advancements, improving user experience, introducing new Functions or Services, or compliance with any existing or future legal or other mandatory requirements, whether or not issued by any competent court or authority (“Update”).
2.6 The Service Provider reserves the right to consider the web browser version of the Service as the main service interface of the Service, where the available functions are always available in their latest, most up-to-date version.
2.7 The Service Provider reserves the right to update the mobile application, to restrict access to the application or the use of the HAMS.online system via the application in space, time or on outdated devices, or to make it inaccessible in certain countries.
2.8 In the event of such an Update, or restrictions Service Provider shall make reasonable efforts to inform the Individual Subscribers and Group Subscribers in a reasonable manner appropriate to the actual case, provided that any substantial changes shall be communicated with reasonable prior notice (to be published on the Website). Except when prior notification of the restrictions or changes would affect the safety of data stored in the system, or if the resource requirement of fixing an issue or to make specific changes in the system or in the mobile app is unreasonable or if there is no reasonable time window to notify the Users due to changes in regulations or legislations.
3 Intellectual property rights, right of use
3.1 The Website (including the Services and the Functions) and the (graphic, text or other) content displayed therein other than that submitted, uploaded or otherwise made available to the Users are and shall remain the intellectual property of the Service Provider or any third parties who have licensed the use of the foregoing by the Service Provider for the purposes of the development, use and exploitation of the Website (including the Services and the Functions) for the purposes described in these Terms. An exception to this is content submitted, uploaded or otherwise made available by Users, for which the Service Provider acquires the right of use in compliance with the GDPR rules.
3.2 Subject to an active Subscription or — in case of Functions available during the Trial Period — upon registering for Free Trial, the Users may use the Services as follows:
3.3 The Service Provider shall licence to the Users the use of the Functions as described and/or specified on the Website from time to time for the period of the active Subscription or (in case of Free Trial) the Trial Period, provided that in the latter case, certain Functions may not be available.
3.4 By subscribing to an active Subscription or to a Free Trial, the Users expressly and irrevocably agree that they shall not reproduce, adapt, translate, distribute or publish in any manner whatsoever, reverse engineer or modify the Website and/or the Services and/or the Functions, either in part or as a whole (including but not limited to the graphic or other content, technical arrangements thereof, as well as any know-how related thereto, etc.).
3.5 The Users expressly agree that the Service Provider’s source code(s) and any part(s) thereof (either owned by or licensed to the Service Provider) shall benefit from the same legal protection as the foregoing.
3.6 Preparing and/or using (publishing, sharing, reproducing, etc.) screenshots of the Website (including any Services or Functions) in any manner shall be subject to prior written consent of the Service Provider and the restrictions set forth in these Terms (especially in Section “8.4 Sensitive Content”).
3.7 It is also not permitted to publicly disclose images and descriptions uploaded by Users on the Service without the permission of the content owner. Infringement of the intellectual property rights shall entail that any costs and damages incurred by the Service Provider shall be reimbursed by the User causing them. The Users agree to hold harmless and indemnify the Service Provider against any claims arising from the infringement of third-party intellectual property rights by the Users.
4 Registration
4.1 Registration, Email Address
4.1.1 The HAMS.online system can only be used with a valid registration. In order to register, the User must have a valid and functional e-mail address (hereinafter referred to as "e-mail address"). It is the User's obligation and responsibility to register using an email account that is capable of receiving emails sent by the Service (hereinafter "email").
4.1.2 The Service Provider shall not be liable for unsuccessful registration of a User account if the Service Provider is unable to deliver an e-mail to the e-mail account provided by the User. Examples, but not limited to, cases where the User's email account is full or due to other technical reasons, technical settings, spam filtering settings, the Service Provider is unable to deliver an email to the User's email account.
4.2 Password use and handling
4.2.1 Once registered, each user can access Services by entering a unique password. Subscribers may not transfer or assign their username and password to anyone else. The Service Provider shall not be liable for any misuse of forgotten passwords and/or improper storage of usernames, if such misuse is due to the fault, intent or gross negligence of the User or due to the User's having provided his login details to a third party.
4.3 Validity of user provided data
4.3.1 Users must provide valid and actual data during registration and after logging in to the system. The data provided by the User will be used for official communication and, depending on the type of use, for contracts, permits, invoicing and other administrative purposes.
4.3.2 The Service Provider reserves the right to restrict or delete the User or the account managed by the User without giving any reason and without prior notice if the User has provided false information about himself/herself or in connection with his/her User account.
4.3.3 In the case of a Group Subscription, Group Subscriber shall also be responsible for the truthfulness and authenticity of the data stored in the User accounts managed by him/her.
5 Subscription
This Section describes the terms applicable to the subscription of Individual and Group Subscribers (“Subscription”). The Administrator of each Group Subscriber will register in Administrator mode and the Individual Subscribers and/or other Group Members in Hunter mode. Certain terms are identically applicable to both mode while there are different terms applicable to each Subscription as well.
5.1 Common rules
5.1.1 Subscription types (hereinafter referred to as "Plans" or "Subscription Plans") can be used subject to the conditions (possibility and duration of trial period, subscription duration, renewal type and fee) defined by the Service Provider and published on the HAMS.online website.
5.1.2 Service Provider reserves the right to modify the Subscription Plans and its conditions (price, duration, availability and duration of trial period, scope of available services), provided that the modifications do not affect active (valid, financially settled) Subscriptions until their renewal or expiry date.
5.1.3 Service Provider shall be entitled to modify (including reduction) the scope of available services in the event that this is required by law or expressly requested or proposed by a significant number of Users.
5.1.4 The Subscription will be activated no later than the next business day after the Subscription Fee (as defined below) is credited to the Service Provider's bank account. For the purposes of this clause, a Business Day is any day on which the bank holding the Service Provider's account is open for business in Hungary. The Service Provider reserves the right to grant access to the Service to the User on or at the same time as the Subscription is initiated, but may also withdraw access without prior notice until final financial settlement.
5.1.5 The Subscription period is for the fixed term specified in the Subscription package selected and paid for by the Subscriber and may not be cancelled or terminated by ordinary notice (except under the conditions set out in 5.1.2).
5.1.1 Trial period
5.1.1.1 User is entitled to a free trial period starting on the day of registration (hereinafter referred to as the "Trial Period" or "Free Trial Period") for the duration and under the conditions set out in the description of the Subscription Plan published on the HAMS.online website. The Trial Period is not part of all Subscription Plan.
5.1.1.2 During the Trial Period, the Service Provider reserves the right to limit the services available to the User.
5.1.1.3 Service Provider reserves the right to restrict or terminate the User's access to all or part of the Service after the expiry of the Free Trial Period if the User does not subscribe to the Service during or after the expiry of the Trial Period.
5.1.1.4 Certain features or services will only become available during the actual Subscription, i.e. when a User or Group Subscriber subscribes to a Subscription Plan.
5.1.2 Cancellation of Subscription and Deletion of User Account
5.1.2.1 Subscriber has the right to cancel their Subscription or delete their registration (User Account), which they can do by deleting their User Account when logging into the Service.
5.1.2.2 In the event of cancellation of the subscription or deletion of the User account, the Service Provider will not refund the Subscription fee, either in part or in full, or on a pro rata temporis basis.
5.1.2.3 The Subscriber (both Individual and Group Subscriber) is responsible for cancelling their Subscription if the Subscription is renewable and they do not wish to renew it. Service Provider will not refund the Subscription Fee in cases where Subscriber forgets to cancel their renewing Subscription or intends to or cancels it after the renewal and the associated fee payment.
5.2 Individual Subscribers
5.2.1 Individual Subscriber has control over their Subscription.
5.2.2 The Subscription Period of an Individual Subscriber shall be automatically renewed for the subsequent Subscription Period with the same of equivalent Subscription Package available at the time of renewal and subject to the Terms and Conditions (e.g. subscription fees, subscription period, available services and features) applicable at the time of renewal. It is the responsibility of the Individual Subscriber to familiarise themselves with the current version of these Terms and Conditions and the contents of the Subscription Plan relevant for them at the time of renewal.
5.2.3 Individual Subscriber may change their Subscription Plan or terminate their Subscription for the next Subscription period up to the calendar day prior to the renewal of their current Subscription.
5.2.4 Subscriber is advised that the Service Provider shall not be liable for any failure to change the Subscription package on the Subscription renewal date.
5.3 Group Subscribers
5.3.1 Group Subscriber has control over each of the User Accounts included in the Subscription Plan chosen and paid for by the Group Subscriber.
5.3.2 Group Subscriber may transfer the right to use the accounts managed and financially settled by the Group Subscriber to Users selected and specified by Group Subscriber, with the conditions of use and privileges set at the time of transfer, for the areas managed and specified by Group Subscriber, with the right to revoke, temporarily suspend or limit the right of use at any time. The Group Subscriber is entitled to extend or restrict the User's access and rights in accordance with the settings available in the Service.
5.3.3 Group Subscriber is entitled to increase the number of User Accounts they use, to purchase additional User Accounts. A Group Subscriber is entitled to reduce the number of User Accounts (Subscriptions) before the renewal of Subscriptions.
5.3.4 It is the responsibility of the Group Subscriber to determine, manage, financially settle and use the appropriate number of User Accounts. The Service Provider shall not be liable if a Group Subscriber does not use all available User Accounts during the Subscription period. The fees for unused User Accounts will not be refunded in whole or in part or on a pro rata basis, and unused User Accounts will not be counted towards a subsequent subscription cycle.
5.4 Payment of the Subscription fee
5.4.1 Payment of the Subscriber Fee is made electronically via the interface provided by the Service Provider by credit card. In exceptional cases, for example in the case of payment of a particularly high value subscription, the Service Provider may deviate from this by agreement with Subscriber.
5.4.2 The subscription fee is payable in advance, under the conditions set out in the Subscription Plan chosen by the Subscriber, for the number of Subscriber accounts, periods and services specified by the Subscriber.
5.4.3 Subscribers are reminded that Subscription Fees and prices may be indicated in various currencies, such as GBP or USD but payment shall be made in Euro. Please note that any other currencies indicated are for convenience only. In the case of a payment transaction, there may be a discrepancy between the amount deducted from the Subscriber's credit card and the amount displayed on the website due to exchange rates.
5.4.1 Late payment
5.4.1.1 If the Subscriber fails to pay the due subscription fee on time, the Service Provider shall terminate the access to the Service or parts thereof, the right to use the Service without notice or other notification on the day after the last day of the active subscription period.
5.4.1.2 Service Provider shall store data related to the financially unsettled User accounts only for the period of time specified in accordance with the GDPR, and then delete or irreversibly anonymise them in accordance with the GDPR regulations. In case of anonymisation, the original User will not be identified.
5.4.1.3 Service Provider shall not be held legally or financially liable for the consequences, direct or indirect, of the partial or total termination of access or deletion of data as a consequence of non-payment or other financial irregularity. The scope of the data to be deleted, anonymised or retained may be influenced by the legislation and practices in each country.
5.4.2 Storage of bank card data, use of "payment gateway service
5.4.2.1 Service Provider, similar to other service providers, uses a third party payment gateway service to handle online credit card payments in order to ensure secure payment transactions. Service Provider uses Braintree, provided and operated by PayPal, as its primary payment gateway service. Service Provider reserves the right to broaden the number of payment gateway providers and to use a different provider for each country or region.
5.4.2.2 Service Provider does not store and process credit card details of Subscribers and User’s bank. The payment gateway service provider used for a given transaction in a given country or region shall be responsible for the secure execution of payment transactions and the storage of financial transactions and credit card data in accordance with the regulatory and statutory obligations applicable to payment gateway service providers.
5.4.2.3 See also 8.10 Use and sharing of data with third parties
5.4.3 3DS authentication, accepted credit card types
5.4.3.1 The use of the 3DS protocol and identification is mandatory for payment transactions over the Internet, including payment transactions within the Service, since 1 September 2022,. The 3DS, also known as 3-D Secure protocol, is designed to reduce and deter online credit card fraud.
5.4.3.2 Subscriber acknowledges that in order to subscribe to the Service or to successfully complete other financial transactions through the Service, Subscriber must have 3DS capable bank or credit card that to carry out secure payment transactions.
5.4.3.3 It is the responsibility of the Subscriber and the Subscriber's card issuer to provide a bank card that is capable of 3DS authentication.
5.4.3.4 Service Provider shall make every effort to ensure successful payment transactions and shall support Users in the handling and detection of any problems that may arise. In the event of unsuccessful payment transactions, Service Provider shall attempt to provide its Users the most detailed information provided by the Payment gateway provider in order to identify or remedy any payment problems.
5.4.3.5 Service Provider shall not be liable for failed Payment Transactions due to errors in 3DS identification beyond its control. In case of such problems, Subscriber may contact their card issuer or card issuing bank.
6 Liabilities
6.1 Liabilities and responsibilities of Service Provider
6.1.1 In addition to the Service Provider's responsibilities detailed in other sections of this document, the Service Provider's responsibilities are as follows.
6.1.2 The Service Provider will use all reasonable endeavours to ensure the proper and trouble-free operation of the Website, the Services and the Features. If User experiences a claimed or actual error, then User shall have the right and the obligation to notify the Service Provider of the detected problem or defect (hereinafter referred to as "Error"). The Service Provider shall provide an interface through the following channels: public Contact interface, email address available on the Website, the Customer Service messaging interface available on the Service, and an email sent to the public email address of the Service Provider, which is also included in this document.
6.1.3 Service Provider shall investigate any suspected or actual error reported by the User within a maximum of 72 hours. Service Provider shall endeavour to correct the "Error" reported by the User as soon as possible after becoming aware of it. The time required to correct the "Error" shall be determined based on precise knowledge of the Error and its reproducibility.
6.1.4 Service Provider excludes its liability in the event of Errors due to causes beyond its control, such as failure of the computer, smartphone or tablet of the User, failure of the Internet browser, lack of Internet connection, problems with DNS service, power failure, failure of third party service providers, problems during payment transactions, including specifically failed payment transactions due to the failure of 3DS authentication (see relevant section "3DS identification, accepted credit card types") during credit card payment transactions or incorrect recording of data.
6.1.5 In case of a Group Subscriber, the Service Provider shall be entitled to modify or correct the data uploaded by the User upon written request of the Group Subscriber's administrator or upon written request of the User, by saving the User's text request or by making a backup of the modification, the content of the modification and the time of the modification.
6.2 User responsibilities and obligations
6.2.1 User shall be responsible to upload, enter, record for the accurate, legal and professional and ethically appropriate data, information, image, text, location, etc. (hereinafter "Content", "Contents") to the Website and Service. In the case of a Group Subscriber, the Group Subscriber's administrator(s) is/are responsible for verifying and ensuring the accuracy, appropriateness and legality of the Data.
6.2.2 The Service Provider shall not be responsible for the Content uploaded by the User nor for the controlling, monitoring or reviewing their Content.
6.2.3 User acknowledges that if an investigative authority or other competent authority ("Authority") reasonably claims that a User has committed a criminal offence then Service Provider may, upon the express request of such Authority, disclose the Content recorded in the User's account to the extent requested by the Investigative Authority.
6.2.4 User shall warrant the truthfulness, validity of the Content recorded by them in the Service and shall be fully and exclusively liable for any legal consequences arising from the recording and use of untruthful, invalid data.
6.2.5 User expressly accepts and acknowledges that they may not rely solely on the Functions (including the information and/or data provided by them or by other Users or by third parties publishing hunting offers on the Website and/or in newsletters) when participating in any activity offered through the Website. The Functions alone do not constitute a foundation for any act to be considered as a diligent and lawful act. To the extent permitted by applicable law, the Service Provider excludes any liability for damages caused by Users to each other or to third parties by breaching these provisions.
6.2.6 For the sake of clarity, please note that certain information available in the Services/Functions, such as check-in and possible user location information, is for information purposes only and may become out of date if the Website (and/or the Services/Functions) is not updated for any reason, such as lack of internet connection. Please note that the Services do not contain real-time location data. Please note that if GPS data is provided, such data may be inaccurate and may not necessarily indicate the exact and true location of the User. Please refer to the relevant section "Management of the User's perceived or actual location".
6.2.7 User agrees to indemnify Service Provider against any claims (including, but not limited to, reasonable attorneys' fees) arising from the User's infringement of any third party rights (such as, by way of example, rights of use and copyright in connection with uploaded photos). See also the relevant section "Intellectual Property Rights, Right of Use".
6.2.8 If User breaches any of their obligations under this clause, Service Provider shall have the right to terminate or suspend the User's account or restrict the access partly, temporarily or permanently for the User without prior notice.
6.2.9 Service Provider and User may negotiate in good faith to lift the blocking or restriction of the User account. Service Provider will notify the User if the account is unblocked.
7 Contents displayed and/or owned by third parties
7.1 Service Provider reserves the right to display on the Website links or other content (including but not limited to advertisements, weather data, cartographic and spatial data, satellite images, etc.) from Third Parties or to authorize Third Parties to display or place Content on the interfaces of the Service or in e-mails sent by the Service Provider to the User.
7.2 To the extent permitted by the applicable laws, the Service Provider does not assume any liability for such third-party content.
7.3 Content uploaded, provided or displayed by a Third Party is governed by the Terms and Conditions of such Third Parties.
7.4 The Service Provider will check the Third Party Content and Services provided by Third Parties on a spot-check basis and will not be liable for any inaccuracies or technical errors in such Content or Services. User shall have the right to report to Service Provider any inaccuracy, intentional or unintentional error in the Content provided by a Third Party.
7.5 The foregoing four paragraphs apply in particular to services offered by Google Inc. such as, but not limited to, Google Maps, or services providing weather information.
8 Privacy policy
8.1 GDPR compliance
8.1.1 Service Provider is bound by 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, “the GDPR”) and other local laws. The below provisions explain how we process your personal data. Any terms and expressions used in this Section shall have the meaning set forth in the GDPR.
8.1.2 GDPR is not applicable in cases where
- data subject is deceased,
- data subject is a legal entity (e.g a company, association, etc.)
8.2 Data Protection Officer
8.2.1 Service Provider is not obliged to appoint or employ a Data Protection Officer because Service Provider
- Is not a public authority
- has less than 250 employees,
- does not store or process Special Category Data (such as health data, genetic data, political affiliation data),
- does not carry out regular and systematic monitoring of data subjects on a large scale,
- does not analyse their Users' behaviour or Internet browsing habits, or profile them.
8.3 The purpose and scope of data processing
8.3.1 The purpose of data processing is the use of the Service and its Functions, the duration of which is the same as the subscription period and the mandatory data retention and reporting period provided for by law, official, chamber of commerce and other legal and professional regulations, or, subject to the proper application of the aforementioned provisions, until the withdrawal of the consent given by the Data Subject, in accordance with the following provisions.
8.3.2 The data controller is the Service Provider (also referred to as the Data Controller for the purposes of this clause). The Service Provider does not use a data processor for the processing of data. Personal data will not be transferred to third countries outside the EEA. The personal data provided will not be transferred by the Controller to third parties. Except where necessary to comply with mandatory legal or regulatory requirements, to provide a service that is part of the Functions, or to use other services ordered by Subscribers and/or Members, such as subscribing to a newsletter service or using a Third Party mailing service to communicate to Users. In such a case, the Data Subject will be informed by the Data Controller in a manner and by a means appropriate to the case.
8.3.3 In the event of termination of membership during the subscription period or withdrawal of consent by the Data Subject, the period of processing of the personal data of the Member as Data Subject shall be limited to 30 days from the end of the subscription period or from the receipt by the Data Controller of the notice of withdrawal of consent sent to the e-mail address of the Data Controller provided in the "CONTACT OPTIONS"section of this document (administration period), in the event that the Subscriber or Group Subscriber is required by law or by an official body (e.g. National Wildlife Data Repository, Hunting Authority or the competent hunting chamber) to provide data to the Controller or the Controller, the personal data will be kept by the Controller or the Subscriber or Group Subscriber through the Controller until the obligation is fulfilled.
8.3.4 Beyond this period, the stored personal data shall be anonymised or completely destroyed by the Data Controller, as a result of which they can no longer be associated with the Data Subjects and shall therefore no longer be considered personal data.
8.3.5 If the Data Subject deletes their User account, this shall be deemed as deletion from the Controller's system, also as withdrawal of data processing, provided that the Data Subject expressly agrees and accepts that the Controller may process their personal data uploaded to the System in a closed manner for a further period of (to name a few: Ireland 6 years, UK 15 years, Hungary 5 years) years after the withdrawal of data processing, for the sole purpose of providing data to the investigative authorities or other (supervisory) authorities in the event of possible requests by such authorities.
8.3.6 Scope of the personal data processed by the Controller based on the voluntary consent of Data Subjects:
- Name of Data Subject,
- Name of the data subject
- Image of the data subject, his/her picture and telephone number,
- E-mail address,
- e-mail address, home address,
- hunting license number,
- hunting club membership(s),
- start date of membership(s),
- planned or current place of residence, if consent is given;
- photographs uploaded by the Data Subject;
8.3.7 The personal data provided by the Data Subjects will be processed and protected by the Data Controller in accordance with the law.
8.3.8 Information on the rights of the Data Subjects in relation to the processing of their data is provided in the subsection "Rights of Data Subjects" under this "Privacy Policy".
8.4 Sensitive content
8.4.1 Service Provider considers as "Sensitive Content" all Content (e.g. photos, text descriptions) that show or describe the results of activities or the process of certain activities related to the Service (e.g. content documenting deceased animals) and that may be disturbing to the public or in which the persons carrying out the activities can be recognized or identified.
8.4.2 Service Provider will use reasonable endeavours to keep Sensitive Content secure and to prevent unauthorised access.
8.4.3 A breach of the secure storage of Sensitive Content does not extend to cases where content shared on the system (including a user's name, profile picture, telephone number, approximate or precise location) becomes available to a limited number of Users and/or for a limited period of time to ensure personal safety, enhance security or for other life safety reasons.
8.4.4 User declares that they understands that such access and limited sharing of data with other Users shall not be considered as a breach of the GDPR rules in any form.
8.4.5 User declares that they expressly understands that the display of certain of their personal data and activities to other Users (in the case of Group Subscribers this is expressly true) is a fundamental function of the Service, as one of the important and critical purposes of the Service is to enhance personal safety, by allowing Users to be aware of other Users' land use in a limited way (for example, by being part of a Group Subscriber account or by being or having been within a certain well-defined area of land or forest) in order to avoid accidents or other conflicts or to help our fellow human beings in distress as quickly and efficiently as possible.
8.4.6 User declares that they acknowledges that they will refrain from uploading, uploading or recording any infringing content with regard to the Sensitive Content uploaded or stored by them on the Service. The Users agree that any such Sensitive Content shall not be more explicit than reasonable, and it must not be obscene, unnecessarily cruel or disrespectful towards nature and its elements, and that they shall refrain from displaying any infringing Content. The Service Provider reserves the right to remove or hide such content and to sanction the User.
8.4.7 The User agrees to indemnify (including, without limitation, payment of reasonable legal costs) the Service Provider in respect of any claim that the User has violated any law or the rights of a third party by uploading such Sensitive Content to or in connection with the Website or the Service.
8.5 Access to data stored in the System, scope and extent of disclosed data
8.5.1 The data stored in the system will only be displayed to a wider audience or on public interfaces of the system after the active consent of the User ("publication"). This is the case, for example, of the public access to the data and information compiled by the tenderer during the tendering procedure for land leases on the Website.
8.5.2 Other data, such as those related to wildlife management activities, are not accessible to the public through the system, with the scope of persons having access to the data also being limited, for example, to persons specified by the Group Subscriber or members of the Group or a subset of members of the Group.
8.5.3 The User acknowledges that, upon connection to the Group Subscriber's account, the Group Subscriber's administrator may view their personal data and may also modify the data recorded by the User in the Service in respect of certain data.
8.5.4 In order to prevent misuse of data, the Service will keep a log of some of the data modification activities (the log will include the date of modification, the User's ID of the User making the modification, the original data and the modified data). Such changes may be retrieved by Group Subscriber's administrators or by a limited number of persons specified by the Service Provider.
8.6 Handling of the User's perceived or actual location
8.6.1 The User's location will not be tracked by the Service in real time without the User's knowledge and express consent.
8.6.2 The real-time, continuous retrieval of location data when using the Service in an Internet browser is technically not feasible or only possible at short intervals, so the continuous tracking of the location of Users when running the Service in an Internet browser is not feasible. Furthermore, the retrieval of location data in Internet browsers can be restricted or disabled by the User.
8.6.3 In the case of mobile applications, the application may not access the User's location data without the User's knowledge and permission. Therefore, the "Record route" function, available in the mobile application provided by the Service Provider and available upon the User's express request, must be activated by the User in the mobile application provided by the Service Provider. The User will be informed about the access to the location data by the operating system of the phone or tablet and will be asked for the User's explicit permission to access the location data.
8.7 Land occupancy map
8.7.1 Users may select and reserve, or indicate in advance their intention to reserve one or more locations (“Zones”) at the time of "Reservation" or "Check-in". An icon representing the User will be displayed on the selected occupied locations. The icon will be placed randomly within the boundaries of the area(s) selected by the User, except in cases where the User occupies a facility as the locations of the facility is fixed and does not change.
8.7.2 The location of the User(s), whether perceived or actual, will not be publicly disclosed. In the case of Group Subscribers, the User's perceived or actual location may be disclosed to the administrators of the group and/or members of the group for the purposes of personal safety and security. See also details in the section "Sensitive content".
8.8 Rights of users as data subject
8.8.1 Right to access and to request a copy of your personal data held by us
8.8.1.1You may obtain from us confirmation as to whether or not your personal data is being processed, and, where that is the case, access to the personal data and the information as to the purposes of the processing, the categories of personal data concerned; recipients to whom your personal data have been or will be disclosed, in particular, third-country or international organization recipients; if possible, the envisaged period of storing of such personal data, or if not possible, the criteria used to determine that period; the existence of the right to request from us rectification or erasure of personal data or restriction of processing thereof or to object to such processing; right to lodge a complaint with a supervisory authority; the existence of automated decision-making, including profiling, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for you. We shall provide a copy of the personal data undergoing processing. For any further copies requested, we may charge a reasonable fee based on administrative costs. Where you make the request by electronic means, and unless otherwise requested, the information shall be provided in a commonly used electronic form.
8.8.2 Right to rectification
8.8.2.1 You shall have the right to obtain from us without undue delay the rectification of inaccurate personal data. Taking into account the purposes of the processing, you shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
8.8.3 Right to erasure ('Right to be forgotten')
8.8.3.1 You shall have the right to request the erasure of your personal data without undue delay and we shall have the obligation to erase such data without undue delay where one of the following grounds applies: (i) the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; (ii) you withdraw your consent in accordance with the applicable law and where there is no other legal ground for the processing; (iii) you object the processing on grounds relating to your particular situation where processing is necessary for the purposes of the legitimate interests pursued by us or by a third party, but such interests are overridden by your interests or fundamental rights and freedoms which require protection of personal data; or—where your personal data were processed for direct marketing purposes - you object the processing of your personal data for such marketing, which includes profiling to the extent that it is related to such direct marketing; (iv) the Personal data have been unlawfully processed, (v) the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which we are subject.
8.8.4 Right to restriction of processing
8.8.4.1 You will also have the right to obtain restriction of processing (i) if you have doubts as to the accuracy of your personal data, for a period enabling us to verify the accuracy thereof, or (ii) if the processing is unlawful and you choose restriction of the use of your personal data instead of erasure, or (iii) if we no longer need your personal data but you request these for the establishment, exercise or defence of legal claims, or (iv) if you have objected processing on grounds that your interests or fundamental rights and freedoms override our legitimate interests or those of a third party, pending the verification whether our legitimate grounds override those of you.
8.8.5 Right to data portability
8.8.5.1 You will have the right to receive your personal data provided to us, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance.
8.8.6 Right to object
8.8.8.6.1 You may object the processing on grounds relating to your particular situation where processing is necessary for the purposes of the legitimate interests pursued by us or by a third party, but such interests are overridden by your interests or fundamental rights and freedoms which require protection of personal data.
We shall no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.
Where personal data is processed for direct marketing purposes (such as newsletters), you may object at any time to processing for such marketing, which includes profiling to the extent that it is related to such direct marketing.
Where you object to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.
If you do not wish to receive newsletters in the future, you may at any time let us know in writing by sending us an email to our address listed under “Contact information”.
8.9 Newsletter and email marketing
8.9.1 The Data Subjects may - with their express, voluntary consent - receive newsletters and marketing enquiries from the Service Provider via e-mail or other contact details. Acceptance of these service activities is not a condition to use the Service. Data Subjects are entitled to withdraw their consent at any time by sending a written "unsubscribe" letter (sent to the electronic or postal contact details of the Service Provider provided above) or by any other user-friendly means that the Service Provider may offer. In such a case, the duration of data processing shall last until the Data Subject's consent is withdrawn.
8.10 Sharing data with Third Parties
8.10.1 In accordance with the provisions of the GDPR, the Data Controller reserves the right to use data that cannot be linked to the Data Subjects and that are not suitable to their identification (and therefore do not constitute personal data), in particular data and information (e.g. statistics, game movements, numbers of hunted and planned hunts, species) generated and uploaded during the use of the Functions, for the purpose of statistical surveys, studies, scientific research, and to communicate such data to the competent bodies, such as professional associations, higher education institutions, etc. (e.g., for the purposes of scientific research, universities, etc.).
8.10.2 We will share the limited scope of Users' personal data, to the extent necessary, with the following entities, strictly for the following purposes:
8.10.1 Payment Gateway
8.10.1.1 In order to provide you with a secure and convenient online payment experience, we are using a third-party payment service provider (payment gateway), namely, BrainTree. Braintree’s parent company PayPal, Inc. and its subcontractors are located in the USA and certain other countries outside the European Economic Area. In order to grant adequate level of data protection, EU Standard Contractual Clauses is in effect between Braintree (PayPal (Europe) S.á.r.l. et Cie, S.C.A.), PayPal, Inc. and us.
8.10.1.2 Braintree will see your email address and bankcard data necessary for processing your payment transaction (such as cardholder’s name, expiry date, bankcard number).
8.10.1.3 For more information about BrainTree services and who they are, please visit their website at https://braintreepayments.com/.
8.10.1.4 We do not see your full bankcard details and therefore cannot use it in any manner whatsoever.
8.10.2 Hosting provider
The Website is hosted by the following entity:
- Rackforest Kft. (Ltd.)
- https://www.rackforest.com/
- Address: H-1132, Budapest, Victor Hugo utca. 18-22.
- Phone (7/24): +36 70 362 47 85
8.10.3 Newsletter-sending
8.10.3.1 In order to send you the most appropriate, selected and customized content (such as last-minute hunting opportunities or related articles and other deals) we use your preference settings you voluntarily submitted to us for such purposes.
8.10.3.2 While doing so, we will ensure scrupulously that your data are processed in compliance with the GDPR.
8.10.3.3 To that end, we may (but not necessarily) use automated third-party solutions.
8.10.3.4 The list of such providers we use from time to time and more detailed information about them, visit: https://www.activecampaign.com/ or https://mailchimp.com/ or https://www.mailerlite.com/ .
8.10.4 META
8.10.4.1 The Service Provider uses META Pixel to operate the Website. When the Website is opened, the META Pixel service may collect information about the person who opens the Website and may communicate this information to the Service Provider. More information about the META Pixel service is available on the manufacturer's website.
8.10.5 Google Analytics
8.10.5.1 The Service Provider uses Google Analytics to operate the Website. When you access the Website, Google Analytics may collect information about the person accessing the Website and may communicate this information to the Service Provider. More information about Google Analytics is available on the manufacturer's website.
9 „Cookie” Policy
9.1 In order to offer you the best user experience and also to develop our Services (including the Website and the Functions), we might use different types of cookies (“Cookies”).
9.2 Cookies are small, technical support files (text files) placed and stored on the hard drive of the User’s device at the moment they visit the Website.
9.3 By changing your browser settings, you may at any time block, erase or unblock Cookies. Blocking or erasure may restrict or hinder the use of certain Functions of the Website.
9.4 Types of Cookies placed by the Service Provider: Session Cookies and Permanent Cookies. Session Cookies enable the Website to keep track of your movement from page to page, so you don't have to submit the same information you have already given. These Cookies allow you to proceed through many pages of the Website at ease, without having to authenticate or reprocess each new area you visit. Permanent Cookieshelp the Website remember your settings, for example your language preference when you visit it in the future.
9.5 Service Provider does not use "Cookies" to monitor or profile the activities of their Users in ways that go beyond Service Provider’s interests in providing the most user friendly Service.
10 Contact Information
10.1 Contact details of the Service Provider:
10.2 Registered seat and mailing address: H-1033 Budapest, Szentendrei út 95., Hungary
E-mail: info@hams.online
10.3 Please make sure that all your enquiries, complaints or other communications to us are correctly addressed. Any enquiries received by the Service Provider in relation to these Terms will be answered within a month. In case of enquiries related to personal data, this deadline may be extended by two further months where necessary, taking into account the complexity and number of the requests. The Service Provider shall inform the User of any such extension within one month of receipt of the request, together with the reasons for the delay. Where the User makes the request by electronic form means, the information shall be provided by electronic means where possible, unless otherwise requested by the User.
11 Applicable law, Jurisdiction
11.1 These Terms shall be governed and interpreted in accordance with the applicable laws of Hungary and the European Union. Any disputes arising out of or in connection with these Terms shall be settled by the competent courts of Hungary.