Terms and Conditions for Use of Website
Terms and conditions for use of websites, principles for privacy protection and use of cookies
Welcome to the websites of Plzeňský Prazdroj, a. s. The websites on this domain, as well as at other domains in possession of Plzeňský Prazdroj, a. s. (further referred to as „Websites“) are operated by Plzeňský Prazdroj, a. s., with its registered office at U Prazdroje 64/7, Východní Předměstí, 301 00 Plzeň, company ID number (IČO): 453 57 366, registered in the Commercial Register maintained by the Regional Court in Plzeň, File No. B 227 (further referred to as “Company”). Any expressions such as “us”, “our”, “we” refer to the Company.
1. Terms and Conditions for Use
1.1.1. The Company publishes information on the Internet (including social networks and Websites) for the purpose of offering products of the Company and other companies belonging to the Asahi Group, of which the Company is a member, and for informing the public about the Company’s activities.
1.1.2. The Company is entitled to change or update the information it publishes on the Internet environment, even without explicit notice of the change or update.
1.1.3. Please note that the Websites, as well as the space on social networks and / or other communication platforms available to the Company, is for communication with the public and does not serve to share confidential or private content with the Company. The company thus assumes no responsibility for such shared content or for ensuring its confidentiality.
1.1.4. Please note that the Websites, as well as the space on social networks and / or other communication platforms available to the Company, is for communication with the public and does not serve to share confidential or private content with the Company. The company thus assumes no responsibility for such shared content or for ensuring its confidentiality.
1.1.5. By accessing the Websites, you agree with the following terms and conditions for Use of the Websites (the “Terms and Conditions”) and the principles for privacy protection (the „Privacy Policy“) and the use of “cookies” of your choice on your first visit to the Websites. Before using the Websites, please read these Terms and Conditions.
1.1.6. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE EXIT THE WEBSITES IMMEDIATELY.
2. Age Limit
2.1.1. Pursuant to Czech law, you should not have access to certain sections of the Websites if you are under the age of 18 or if you are under the legal drinking age in the country, province, state or on the territory from where you have accessed the Websites. If you fall within such category, you may be acting in violation of the law or other legal regulations currently in force in the country where you are staying or from where you are accessing the Websites and you should exit the sections concerned immediately. Before being allowed to access such sections, you will be asked to confirm your age.
3. Prohibited Use
3.1.1. You agree not to use the Websites and, mainly, any materials or services which you can obtain by using the Websites in a manner in breach of any local, national, foreign or international law, regulation, directive, legal standard, international treaty or convention and/or any other legal regulation.
4. Waiver of Content
4.1.1. The Websites is provided “as is”. Use of the Websites (including downloading of materials or links to other websites) and use of or relying on the content made available on the Websites is at your own risk.
4.1.2. Insofar as permitted by current laws, we hereby expressly exclude any statement, conditions or guarantees in regard of the saleability, satisfactory quality, fitness for a defined purpose and/or reasonable care and skills which could otherwise be included or incorporated in these Terms and Conditions by virtue of the law or otherwise.
4.1.3. Unless expressly provided otherwise, we do not make any statements and do not provide any guarantees with regard to:
the accuracy or completeness of any materials made available on the Websites; the availability and/or operation of the Websites without failures or interruptions; compatibility of the Websites with your computer system and software; the Websites not being infected with a virus.
5. Liability Disclaimer
5.1.1. To the extent permissible by current laws, we do not assume any liability for damage, in particular, but not limited to, liability for any direct or indirect loss, damage, costs and/or expenses whatsoever (including costs of legal or expert representation, or any other costs) that may be incurred, whether directly or indirectly, in relation to accessing and/or using the Websites or in relation to their content or any information made available thereon.
5.1.2. We do not assume any liability for inaccurate and/or incorrect information regardless of whether such information was developed by the Websites’ users or by us, or whether it occurred as a result of the hardware or software connected with the Websites or human error which may occur when processing data entered on the Websites. We do not assume any liability for loss or damage incurred by you which might have been caused by your use or attempt to use the Websites or any content made available thereon.
6. Intellectual Property
6.1.1. Any intellectual property rights relating to the content of the Websites (in particular, rights to trademarks, images and logos) are owned or used under licence and reserved by us. You do not acquire any rights to the content of the Websites, with the exception of the limited right to use them in accordance with the Terms and Conditions.
7. Use of the Website
7.1.1. You may use the Websites in accordance with the Terms and Conditions. You may print the Websites out and/or download information therefrom for your personal, non-commercial use.
7.1.2. You are not allowed to:
link the Websites in any manner whatsoever with any other internet page, or select any part of the Websites to frame, without our prior consent; break into the Websites unlawfully, use the Websites to spread computer viruses, or for unlawful purposes; or distort or alter the content which you are copying from the Websites or use such content without making public the information on copyright or any other proprietary rights owned by us in relation to such content, such information to be displayed in the same manner and form as used on the Websites.
7.1.3. Should you breach these Terms and Conditions, we may interrupt or temporarily block your access to the Websites. As well, you will be held liable for any damage we may incur in this connection.
8. Hyperlinks
8.1.1. Links to other websites are provided for your needs. We do not support or endorse such websites or their operators, and do not continuously monitor the same. The use, viewing and downloading of such websites is at your own risk.
9. Amendments
9.1.1. We may amend, alter, update or terminate operation of the Websites and/or any content made available thereon, without prior notification. As well, we may amend these Terms and Conditions on an on-going basis. Therefore, we recommend that you read these Terms and Conditions regularly.
10. Personal data protection
10.1. General information, collection and use of personal data
10.1.1. We respect your right to privacy. Under normal circumstances, you can visit our Websites without providing any personal data, except for notification of your age and the country from which you are connecting. Those details are important for compliance with the requirements set by the laws of the Czech Republic since the website promotes and sells alcoholic beverages. We will also process your IP address and cookies (the processing of cookies will comply with the terms and conditions stipulated under 10.8 herein below).
10.1.2. Your personal data specified in the contact form or order form (further referred to as the “Form”), consisting of your first name, surname, e-mail address and phone number will be provided to us by you for the purposes of establishing contact with you and processing your requests. Depending on the contents of your inquiry or requests, measures adopted prior to entry into a contract at your request or the legitimate interest of the Company involving in particular ensuring of the ability to react to your inquiry may serve as a legal basis for processing of personal data mainly to enable to better process your request.
10.1.3. In some cases, however, we may ask you to provide consent to the processing of personal data for a specific purpose, for example for your registration to our Websites and creation of a user account, or to be able to send you advertising and marketing messages beyond the scope of your order of goods placed with the Company.
10.1.4. The Company will process your personal data in accordance with these Terms and Conditions by itself and / or through processors as this term is defined in Article 4 of the General Data Protection Regulation (the “GDPR”), which are usually advertising and marketing agencies, or providers of technical support services, eventually providers of IT services. In the case of delivery of products that you have ordered from the Company, or the prizes from competitions organized by the Company, the processors are also courier and / or postal service providers.
10.1.5. For this purpose, please become familiar with the information specified below and the statement of consent to the processing of personal data, if you wish for us to process your personal data under the specified conditions.
10.1.6. More detailed information about personal data processing in our Company can be found in our Privacy Policy.
10.2. Consent to processing of personal data:
10.2.1. By completing and sending the registration Form, while simultaneously ticking the respective box to provide consent to personal data processing, or by registering via Facebook, you agree to the following:
That the data specified below may be processed by our Company as a controller in the meaning as this term is defined in Article of the GDPR; That such data shall consist of the first name and surname, mailing address including street, postal address numbers, city/town, postal code, country, phone number, e-mail address, date of birth, username, password and IP address; That the data will be processed for the purpose stated in the respective Form; That the data will be process for a period of 3 years unless you revoke consent earlier. After the lapse of this period, the Company may process personal data for the duration of the Company’s legitimate interest, but for a maximum of the duration of any statute of limitation period for any claim related to your registration on our Websites and related purchases.
10.2.2. The Company pledges to treat and handle your personal data in accordance with the valid legislation of the Czech Republic.
10.2.3. Already granted consent to the processing of personal data may be revoked at any time by unticking the respective box in your user account or by sending an email to personaldataprotection@eu.asahibeer.com or registrace@asahibeer.cz.
10.3. Processing of your personal data with a legal basis other than consent:
10.3.1. If you take steps leading to the purchase of our goods or if you make a purchase on our Website as an unregistered customer, the Company will process your personal data in the following scope: first name and surname, mailing address (street, postal address numbers, city/town, postal code and country), phone number, e-mail address, date of birth, for the purpose of realisation of the Purchase Agreement and delivery of ordered goods or service. Following realisation of the Purchase Agreement, the Company will process your personal data for its legitimate interest for the duration of any statute of limitation period related to the Purchase Agreement entered into.
10.3.2. Your personal data will not be provided to any third parties other than those who directly take part in the processing of an order (shippers, operators, etc.). Even such parties shall be provided with personal data only to the extent absolutely necessary.
10.4. Providing of information in relation to personal data processing
10.4.1. As an individual data subject (natural person) in the meaning of this term defined in Article 4 of the GDPR, you have the following rights granted by the GDPR in relation to our processing of your personal data: a) The right to deletion of your personal data; b) The right to access your personal data; c) právo na to, aby Společnost omezila zpracování Vašich osobních údajů v případě, že: (i) You dispute the accuracy of personal data, for the period of time necessary to enable the Company to verify such accuracy; (ii) Processing of personal data is done in an unlawful manner, and you refuse to allow deletion of personal data and instead request limitation of their use; (iii) The Company no longer needs your personal data for processing, but you require them for determination, exercising or defence of legal entitlements; (iv) You have raised an objection against processing of personal data under Article 21 (1) GDPR, or until it is verified whether the Company’s legitimate reasons supersede your legitimate reasons; d) The right to transferability of data in a structured, regularly used and machine-readable format; e) The right to know the nature of automated processing of personal data in connection with their use for decisions, if tasks are carried out or decisions are made based on such processing, which involve interference with rights and legally protected interests of the Buyer; f) The right not to be the subject of any decision based solely on automated processing (see above), including profiling, which has legal effectiveness for the Buyer or significantly relates to the Buyer in a similar manner, if such decision does not relate to fulfilment of a contract between you and the Company; g) The right to be informed if it is likely that a certain instance of breach of personal data protection will result in a high risk affecting the Buyer’s rights and freedoms. Such breaches must be reported to the Buyer promptly by the Seller.
10.4.2. Under the conditions defined by the GDPR, you have the right to raise objections against the processing of personal data on the basis of a legal legitimate interest of the Company, against profiling and against processing of personal data for direct marketing purposes.
10.4.3. You also have the right to contact the responsible data protection authority which is the Úřad pro ochranu osobních údajů (www.uoou.cz) or to file a complaint with that authority.
10.4.4. More detailed information regarding personal data protection can be found in the in the Privacy Policy, which you should also read.
10.5. Your requests in relation to the right of access
10.5.1. If you wish to exercise your right of access, you may send an email to the email address designated for issues relating to personal data protection: personaldataprotection@eu.asahibeer.com or registrace@asahibeer.cz or a written request to the mailing address: Plzeňský Prazdroj, a. s., Legal Department, Ovocný trh 8, 110 00 Praha 1.
10.5.2. Upon request, the Company will provide you with copies of personal data that it is processing. For any additional copies that you require, we may bill a reasonable fee corresponding to administrative costs. If you request such information using electronic means, the information will be provided to you in a regularly used electronic form, unless you require a different method. When processing your request, we are required to verify your identity.
10.5.3. Your requests will be processed promptly, no later than within 1 month from the delivery of the request. In justified cases (with consideration in particular for the number of requests and their complexity), we may extend this deadline by an additional 2 months in which case we will inform you of such extension and its reasons. Under most circumstances, we provide such information free of charge. However, if your requests are apparently unjustified or unreasonable, particularly if they are of a repetitive nature, we may require a reasonable fee taking into consideration the administrative costs for providing of information, or we may refuse to fulfil your request.
10.6 Processing of personal data of persons who have not reached the minimum age
10.6.1. The Websites is not intended for persons who have not reached the legal age according to Article 2 above. Therefore, it is not our intention to process personal data of any persons who have not reached such legal age. Therefore, as soon as we discover that we have been provided with any personal data from any person who has not reached legal age, we will delete such data.
10.7. Use of personal data for third parties’ marketing purposes
10.7.1. We shall not under any circumstances transfer or provide your personal data to any third parties for their marketing purposes with exception of the use of cookies as described in section 10.8 below.
10.8. Cookies and similar tools
10.8.1. On Websites, we use cookies. Cookies are small text files created by the Websites on your end device once you access the Websites and which are stored in the browser of your end device used for accessing the Websites.
10.8.2. The browser of your end device sends the respective cookie to the server, which hosts the Websites, and the Websites will e.g. be displayed in the way you have chosen by your last visit.
10.8.3. Cookies can be used to identify your end device. Cookies can be used this way as a means for the processing of your personal data, especially IP-address. For this reason, we provide you here with all the necessary information regarding the processing of your personal data.
10.8.4. Cookies are not viruses and do not contain any program, and therefore cannot damage your end device through which you access the Websites.
10.8.5. We also use other tools similar to cookies on our Websites, e.g. pixels. Pixels are small graphic tags that, when viewed on the Websites on which they are located, send the relevant information directly to the server to which they belong. Even pixels cannot damage your end device in any way. As your personal data, especially IP addresses, may also be processed through these tools, we provide you also with information on this processing of your personal data below.
10.8.6. We use some or all of the following types of cookies and similar tools on the Websites:
a) Necessary cookies The purpose of the processing of personal data collected by these cookies consists of ensuring the proper technical function of the Websites and especially of establishing and maintaining a connection. The legal ground for the processing of personal data collected by these cookies is article 6 para. 1 lit. f) GDPR, i.e. the legitimate interest of the Company. The period for storing the personal data collected by these cookies has been set by the Company in the way that they are stored only for the period necessary for achieving the above-stated purpose.
b) Analytical cookies and similar tools The purpose of the processing of personal data collected by these cookies and similar tools (like Tags used in the tool “Consent mode” in Google Analytics) is to determine the traffic of the Websites and to analyse the behaviour of users on the Websites, their interests and preferences. The legal ground for the processing of personal data collected by these cookies and similar tools is article 6 para. 1 lit. a) GDPR (in case of non-anonymised analytical cookies), i.e. your consent, which you grant the Company by ticking the respective box in the banner, which you will be shown by your first visit of the Websites, or article 6 para. 1 lit. f) GDPR (in case of anonymised analytical cookies and similar tools), i.e. the legitimate interest of the Company when the processed personal data collected by these cookies and similar tools are immediately anonymised after their collection. The period for storing the personal data collected by these cookies and similar tools has been set by the Company in the way that they are stored only for the period necessary for achieving the above-stated purpose. In the case of personal data collected by the analytical cookies, which are processed in a non-anonymized form, you can withdraw your consent with their processing at any time during their storage period, thus preventing their further processing.
c) Marketing cookies and similar tools The purpose of the processing of personal data collected by these cookies and similar tools is to analyse the behaviour of users on the Websites and to address them with marketing offers corresponding to their interests and preferences. The legal ground for the processing of personal data collected by these cookies and similar tools is article 6 para. 1 lit. a) GDPR, i.e. your consent, that you grant the Company by ticking the respective box in the banner that you will be shown when accessing the Websites. The period for storing the personal data collected by these cookies and similar tools has been set by the Company in the way that they are stored only for the period necessary for achieving the above-stated purpose. You can withdraw your consent with their processing anytime and this way stop their further processing.
10.8.7. Overview of all cookies and similar tools that we use on the Websites, together with the respective storing period and description of their function can be found in the following table:
10.8.8. The Company may use third parties - processors to process personal data collected by cookies and similar tools as required, on the basis of a contract pursuant to Article 28 GDPR.
10.8.9. Some of the cookies and similar tools used on the Website belong to so-called “third parties”; such cookies and tools were created by third persons.
10.8.10 If the Company determinates the purpose and means of the processing of the personal data collected by the cookies and similar tools together with these third parties, the Company and such third parties are joint controllers according to the article 26 GDPR and have to comply with all GDPR requirements together. Such a joint controller is, as regards the above-described cookies and similar tools, the Company together with the company Google LLC in respect of the Google Analytics cookie used on the Websites.
10.8.11 You can prevent the installation and use of cookies and similar tools by: proper setting of the browser of your end device which will prohibit the installation of the cookies; withdrawing your consent for installation and use of cookies and similar tools that were installed and used based on your consent (article 6 para. 1 lit. a) GDPR); you can withdraw your consent by sending your request to addresses stated in article 10.5.1 above; raising a complaint according to article 21 GDPR concerning the installation and use of cookies and similar tolls based on the legitimate interest of the Company (article 6 para. 1 lit. f) GDPR); and/or proper setting directly in the banner, in which we provide you with information on the deployment of cookies and similar tools and eventually we require your consent to deploy some of them.
If you prevent the use of analytical (non-anonymized), and/or marketing cookies and/or similar tools, on the Websites, some functions of the Websites may be impaired. Please be informed that the Websites cannot be used without the necessary cookies.
11. Responsible content rules
11.1.1. The Company promotes only responsible alcohol consumption on the Websites, as well as in the space on social networks or other communication platforms available to it, and in all its communications. In the same way, the Company adheres to the principles of decency in all its communications (the principle of promoting only responsible alcohol consumption together with the principles of decency hereinafter referred to as the “Responsible Content Rules”).
11.1.2. We ask all users who wish to share any content on the Websites and / or social media space or other communication platforms available to the Company to respect and abide by the Responsible Content Rules.
11.1.3. The Company hereby reserves the right to remove from its Websites and / or social network space or other communication platforms at its disposal those submissions that will violate the Responsible Content rules.
11.1.4. The content of the Websites, as well as the space on social networks or other communication platforms available to the Company, is not intended for persons under the age of 18, so please do not share it with them.
11.1.5. We would like to thank all users who adhere to the Responsible Content Rules.
11.1.6. Below, we would like to express your attention to certain statements that are in conflict with the Responsible Content Rules, and which may not be published on the Websites and / or in the space on social networks or other communication platforms available to the Company (the list is exemplary only).
11.1.7. The Company does not publish content that would: encourage irresponsible, dangerous, excessive, involuntary alcohol consumption; disparage abstinence, rejection or moderate alcohol consumption; describe, portray in a positive light or promote activities that may endanger the safety of others, including alcohol abuse; portray persons in a state of intoxication or indicate that such a state was acceptable; display, approve or give the impression of approving alcohol consumption in the workplace during working hours; display, approve or give the impression that it authorizes the consumption of alcohol before or while driving, manipulating any machinery or performing any other activity that, for safety reasons, requires a high degree of vigilance, judgment, accuracy or coordination; suggest that alcohol consumption could have a positive effect on health; promote alcohol consumption during pregnancy, including depictions of pregnant women; indicate that alcohol consumption is a prerequisite or condition for success in business, study, sports or social life, or that it has a positive effect on them, or that it may contribute to sexual success or success in seducing another person; could violate the law, good morals, rules of good behaviour in society or induce such actions; used a vulgar, rude or otherwise inappropriate dictionary; in its form or content, abuses, insults, threatens, or in any other way violates the rights of others, in particular, but not exclusively, racist, sexist, homophobic, obscene and vulgar content; portrayed nudity or persons captured in positions or attitudes with an obvious sexual subtext, or indicated such a context; be attractive to individuals under the age of 18 or was published by individuals under the age of 18 regardless of the type of content; depict cartoon or animated characters (fictional or depicting popular figures), animals or other elements that have been created to reach people under the age of 18; contain a depiction of a person who is younger or appears to be under 25; violate the privacy of individuals; contain personal data of natural persons with the exception of name, such as telephone numbers, e-mail or postal addresses; spam the user, i.e. it would be repeated in a disproportionate way or would be not related to the products and activities of the brand resp. other products and activities of the Company; promote commercial products or services of third parties for a fee, giving the impression that it was published by someone other than the person who actually published it; develop political views and opinions; be contrary to the legitimate interests of the Company, for example with regard to the principles of social responsibility, sustainable business and with regard to corporate culture.
11.1.8. If you would like to notify us of content that violates the Responsible Content Policy on our Website and / or in the social media or other communication platform available to the Company, please contact our internal Responsibility Committee at komise@asahibeer.cz.
12. Governing Law and Interpretation
12.1.1. Should any of the provisions of these Terms and Conditions become invalid, unlawful or otherwise unenforceable, or should such provision be cancelled, the validity, lawfulness and enforceability of the remaining provisions hereof will not be affected.
12.1.2. These Terms and Conditions are governed by Czech laws. Any disputes arising from or relating to these Terms and Conditions will be resolved by a Czech court having the proper subject-matter and local competence.
In Pilsen, effective from: 1. 6. 2024 Plzeňský Prazdroj, a. s.