General Terms and Conditions of the service of providing information from the Central Register of Executions ("CRE") valid from 11th July 2022 (hereinafter referred to as "Terms and Conditions")

 

Article 1 
Introductory provisions

1. These Terms and Conditions regulate the mutual rights and obligations of CRIF – Slovak Credit Bureau, s.r.o. with registered office at Mlynské nivy 14, 821 09 Bratislava, ID No.: 35 886 013, registered in the Commercial Register of the City Court Bratislava III, Section: Sro, Insert No.: 31737/B (hereinafter referred to as "CRIF SK") and other persons (hereinafter referred to as the "User") in connection with the provision of information that certain data is entered in the Central Register of Executions (hereinafter referred to as "CRE" or also as "Register of executions") or information that, based on the specified search criteria in CRE, there is no match with the entered data. Information that a certain data is entered in CRE, or information that, based on the specified search criteria, there is no match with the entered data in the Register of executions, including information on the number of registered executions if the data is positive (hereinafter referred to as "information"), proves the status of the entry of the data in the CRE as of the day of its issuance.

2. CRE is a public list, which according to Section 211a, paragraph 1 of Act no. 233/1995 Coll. on court executors and execution activities (Execution Code) and on amendment to other acts (hereinafter referred to as "Execution Code") maintained, operated and administered by the Slovak Chamber of Executors, with registered office at Dobšinského 16, 811 05 Bratislava, ID No.: 356 59718, as the operator (hereinafter referred to as the „Chamber“). The User acknowledges that CRIF SK provides information and data as an online service based on the User's request from public sources as they were downloaded. The information is provided on the basis of the best efforts on the part of CRIF SK, without any guarantees on the part of CRIF SK (explicit or implicit) relating primarily to the timeliness, truthfulness, correctness or completeness of the information obtained in this way.

3. The public, public authorities and executors can request information from CRE. Anyone can request information from CRE, either for themselves or for other persons.

4. Information from the Register of executions is provided to the Users electronically through the internet portal "www.moje-financie.sk" (hereinafter referred to as the "Portal").

Article 2 
Provision of data from CRE

1. The User informs CRIF SK of the identification of the subjects about which he requests information from CRE. For the purposes of providing information from the Register of executions, it is necessary to specify a combination of unique and non-unique search criteria.

2. Unique search criteria are:

- legal entity identification number (IČO)

- company name

3. Non-unique search criteria are:

- the name and surname of the natural person (debtor) and his/her date of birth

- municipality, street and zip code

. By placing an order to obtain information from the Register of executions through the Portal, the User undertakes to pay CRIF SK a fee for providing information from the Register of executions according to Article 3 of these Terms and Conditions.

5. The result of the search and order is the provision of information from the CRE, which, following the search initiated by the User, is provided in the form of paper information obtained from the Register of executions or in electronic form of information from the Register of executions, regardless of whether the search result is negative (i. e. information that there is no match with the entered data in the Register of executions) or whether it contains data on one or more entities that meet the specified search criteria.

6. Based on the search criteria selected by the User, CRIF SK will provide information from the Register of executions with the data recorded in the Register of executions as of the date of their issue. The date and time at which the search result is valid is always indicated on the information obtained from the Register of executions.

a. If there is a data on execution proceedings registered in the CRE corresponding to the search criterion, the search result (information) will contain the following data – as long as they are known and were properly entered into the database by the court executor:

- file mark of the execution file of the executor,

- if it is an obliged

1. natural person, name, surname, date of birth, residential address,

2. natural person – entrepreneur, name, surname, date of birth, address of residence or place of business, identification number, if assigned,

3. legal entity, name or business name, registered office, identification number.

 

b. If information on several execution proceedings, which is registered in the CRE, corresponds to the search criteria, the search result will contain the above-mentioned data on all affected execution proceedings.

c. If no data on execution proceedings registered in CRE corresponds to the search criteria, the search result will contain information that there is no match with the entered data in CRE based on the selected search criteria.

7. In cases of search results according to Article 2, paragraph 6, letters a) or b) of these Terms and Conditions, the User may request to start a search for specific data on the requested execution proceedings (execution details). The User is obliged to pay CRIF SK a fee according to Article 3 of these Terms and Conditions for providing information from CRE (execution details).

Specific data on the requested execution proceedings means data:

a) designation of the court that granted the authority to carry out execution,

b) file mark of the court,

c) designation of the executor to whom the court has granted authorization to carry out the execution,

d) file mark of the execution file of the executor,

e) day, month and year of

1. granting authorization to carry out an execution,

2. issuance of a resolution authorizing the postponement of execution,

3. issuance of a resolution on the suspension of execution, if the execution was stopped in part,

f) designation of the enforced claim, for the enforcement of which the executor was authorized by the court

g) if it is an obliged

1. natural person, name, surname, date of birth, residential address,

2. natural person – entrepreneur, name, surname, date of birth, address of residence or place of business, identification number, if assigned,

3. legal entity, name or business name, registered office, identification number.

Article 3 Fee for providing information from the Register of executions

1. CRIF SK is entitled to a fee according to the Price List for providing information from the Register of executions.

2. The fee is paid by the User by online payment via payment card.

Article 4 
Liability for damage, complaints, claims

1. CRIF SK is not responsible for the data specified in the information from the Register of executions and their correctness, nor for damage caused as a result of data incorrectly specified in the CRE.

2. Any complaints and reclamations in connection with the entry in the Register of executions, and thus also in connection with the content of information from the Register of executions, are handled by the Chamber. You can get more information at www.ske.sk

Article 5 Protection of personal data

1. The processing of User personal data by CRIF SK is subject to Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, which repeals Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the "Regulation"). The contact details of the data protection officer designated by the controller are: address: Mlynské Nivy 14, 821 09 Bratislava, e‑mail: dpo.sk@ crif.com

2. CRIF SK, as the controller of the Portal, processes the User's personal data for the purpose of providing the CRE service through the Portal to the extent and under the conditions as stated in the General Terms and Conditions of Provision of CRIF SK services on the website www.moje-financie.sk.

3. In the case of searching for information from CRE, the User of CRIF SK will provide the personal data of the searched person within the scope of the search criteria specified in Article 2 of these Terms and Conditions for the purpose of verifying the payment discipline of the searched person (hereinafter referred to as "Personal data of the searched person") CRIF SK is in relation to the User in the position of an processor within the meaning of the Regulation. The User is aware that he is obliged to provide the data subject with all information in accordance with the Regulation, especially information according to Article 13.

4. The User hereby authorizes CRIF SK as his processor, in accordance with Article 28 of the Regulation, to process the Personal Data of the searched person, necessary to provide the CRE information service, for a period of 3 years from the date of the order. After this period, CRIF SK will delete the Personal Data of the searched person provided by the User.

5. CRIF SK is authorized to process the Personal Data of the searched person to the extent necessary to achieve the purpose of processing the Personal Data of the searched person, as stated in the order and solely on the basis of the documented instructions of the User, it is obliged to comply with the basic principles of processing the Personal Data of the searched person, in particular i) to process Personal data of the searched person only in a legal way and in such a way that the basic rights of the person concerned are not violated ii) the processed Personal data of the searched person must be adequate, relevant and limited to the extent necessary for the given purpose for which they are processed.

6. The User hereby declares that, when choosing CRIF SK as a processor, he paid attention to its professional, technical, organizational and personnel competence and its ability to guarantee the level of security of the processed Personal Data of the searched person by taking technical and organizational measures in accordance with Article 32 of the Regulation and CRIF SK undertakes to take all required measures according to Article 32 of the Regulation.

7. CRIF SK is obliged to protect the Personal Data of the searched person against their damage, destruction, loss, change, unauthorized access and availability, provision or publication, as well as against any other inadmissible methods of processing. For this purpose, they took adequate technical, organizational and personnel measures (hereinafter referred to as "security measures") corresponding to the way of processing the Personal Data of the searched person and the risks under Article 32 of the Regulation, taking into account in particular the applicable technical means, the confidentiality and importance of the processed Personal Data of the searched person, as well as the extent of possible risks that are capable of disrupting the security or functionality of the information system.

8. The measures according to point 7 are mainly:

a) introduction of a set of measures within the scope of the Regulation, monitoring of secure processing, auditing of processing operations, storage of Personal Data of the searched person and general protection of facilities and infrastructure on which processing is carried out;

b) to take care of computer security, to use exclusively such technical and software means that prevent from the possibility of misuse of personal data, or eliminate possible disruption;

c) to secure the Personal Data of the searched person against misuse during transmission by all communication means;

d) ensuring that CRIF SK employees will have access to the Personal Data of the searched person, as authorized persons informed about the requirements for processing the Personal Data of the searched person according to the Regulation, or only the persons that CRIF SK uses on the basis of another legal relationship to fulfil the subject of the order;

e) ensuring permanent confidentiality, integrity, availability and resistance of systems for processing the Personal Data of the searched person;

f) the process of restoring the availability of Personal Data of the searched person and access to them in the event of a physical or technical incident,

g) the process of regular assessment and evaluation of the effectiveness of technical and organizational measures to ensure the security of the processing of Personal Data of the searched person.

9. CRIF SK confirms to the Company that it has ensured that the persons authorized to process personal data have undertaken to maintain the confidentiality of information in accordance with Article 28, paragraph 3, letter b) of the Regulation.

10. In the event that CRIF SK identifies that any processing operation, instruction or other right or obligation according to the order or GTC is in conflict with the Regulation or other legal regulations that are binding for the User or CRIF SK, it will immediately notify the User of this fact.

11. In the event of a violation of the Protection of personal data of the searched person provided by the User, CRIF SK will notify the User of such a violation without undue delay after learning about such violation of the Protection of personal data of the searched person. The notification is sent electronically to the e‑mail address specified in the order.

12. CRIF SK undertakes to provide the User with maximum cooperation in identifying and documenting a violation of the protection of the Personal Data of the searched person and proposal and implementing the measures to mitigate the consequences of such violation.

13. CRIF SK undertakes towards the User to fulfil properly and timely the obligations arising from Article 28, paragraph 3, letters e), f), g) and h) of the Regulation, in particular to assist the User in ensuring the obligations according to no. 32 to 36 of the Regulation, taking into account the nature of the processing and the information available to CRIF SK, to provide the User, upon request, with all information necessary to prove the fulfilment of the obligations set out in Article 28 of the Regulation, to provide the User with cooperation in responding to requests for the exercise of the rights of the person concerned, and to enable the audits as well as controls performed by the User or auditor authorized by the User for this purpose. The company and CRIF SK shall agree on the audit procedure, at least 10 working days in advance, and the User undertakes to pay all costs incurred by CRIF SK in connection with the audit or control.

14. The User agrees that CRIF SK is authorized to process personal data through another processor, namely CRIF S.p.A., with registered office at Via M. Fantin 1–3, 401 31 Bologna, Italy. CRIF SK declares to the User that, when involving other intermediaries, it will comply with its obligations arising in this connection from Article 28, par. 4 of the Regulation and will comply with the conditions of their involvement specified in paragraphs 2 and 4 of Article 28 of the Regulation.

Article 6
Common and final provisions

1. If any provisions of the current Terms and Conditions become invalid or unenforceable, such invalid and unenforceable provisions shall be replaced by the provisions with a meaning that best corresponds to the meaning of the original provision. The invalidity or unenforceability of one provision will not affect the validity of the other provisions. The company CRIF SK reserves the right to unilaterally change or supplement the wording of the Terms and Conditions in the event that there is a change in generally binding legal regulations that regulate the rights and obligations of CRIF SK or the User and/or in the event of a substantial change in the circumstances that applied at the time of their creation, or as a result of the introduction of new services and technologies. CRIF SK is obliged to notify the change of the Terms and Conditions in any appropriate way, e. g.: by publishing the Terms and Conditions on the Internet portal.

2. These Terms and Conditions are issued in accordance with Act no. 40/1964 Coll. the Civil Code as amended by later legal regulations (hereinafter referred to as the "Civil Code") and define the basic rights and obligations of CRIF SK and the User. The rights and obligations of CRIF SK and the User are governed by the Slovak legal order, in particular the Civil Code.

3. The terms and conditions are available in the CRIF SK Client Centre and in electronic form within the Portal.

4. The relationships not regulated by these Terms and Conditions are governed by the Civil Code, and if the User is a consumer, also by general regulations on consumer protection. A consumer is a user who is a natural person who, when concluding and fulfilling a consumer contract, does not act within the scope of his business activity, employment or profession, and who, outside of the subject of his business activity, employment or profession, enters into a legal relationship with CRIF SK or is negotiating with it in another way. For the out-of-court settlement of consumer disputes arising from this service between consumers and CRIF SK, which cannot be resolved by mutual agreement, the User can submit a proposal for the out-of-court settlement of such a dispute to an alternative dispute resolution entity, the list of which can be found on the website of the Ministry of Economy of the Slovak Republic: https://www.mhsr.sk/obchod/ochrana-spobrebitela/alternative-riesenie-spotrebitelskych-sporov-1/zoznam-subjektov-alternativneho-riesenia-spotrebitelskych-sporov-1

The User can also use the online dispute resolution platform established by the European Commission at http://ec.europa.eu/consumers/odr/

Article 6 Contact details of the CRIF SK Client Centre

a. Email: helpdesk@moje-financie.sk

b. Telephone: 0259 207 543

c. Address: Mlynské nivy 14, Twin City C, 821 09 Bratislava