Privacy Policy

General terms of use of eTerapeut software

The General Terms and Conditions of Use of the eTerapeut Software (hereinafter: the General Terms and Conditions) regulate the relations between the copyright owners of the e eTerapeut Internet program on the one hand and the user on the other, as well as the terms of use of the eTerapeut Internet program (hereinafter: software). 

The owner of the copyright and source code of the software is the company Webkraft Studio DOO Smederevo, ul. Ive Andrića no. 23, Smederevo, registration number: 21724858, PIB: 112714085 (hereinafter: Webkraft Studio).

Any user may use the software in accordance with the terms of these General Terms and Conditions. Unauthorized use of the software or use contrary to the General Terms and Conditions is considered a copyright infringement of Webkraft Studio.

1. Terms (expressions) used in these General Terms and Conditions have the following meanings:

1.1

The User is a natural person who logs in to the software with his username and password, also, the user accepts these General Terms and Conditions and uses the software for business purposes in the name and / or for the account of his own or someone else’s Legal Entity. The User is also the Operator in accordance with these conditions.

1.2

The license entitles the user to use the software, subject to the restrictions set forth in these General Terms and Conditions.

1.3

The Subscriber is a business entity, it’s a legal entity, which enters into an Agreement on the assignment of the right to use the software and which undertakes to pay the license fee as defined below.

1.4

The Subscriber is a business entity-legal entity whose work is supported by the use of software.

1.5

The Software Assignment Agreement is the agreement by which Webkraft Studio, as the licensor, transfers the License to the Subscriber.

1.6

The license fee is the amount, it’s  the agreed fee that the Subscriber or the User must pay for the use of the software.

1.7

Customer support is a service that enables communication between the User or the Subscriber and Webkraft Studio.

2. Copyright

2.1

The owner of all material copyrights on the software and software source code is Webkraft Studio.

2.2

By accepting the General Terms and Conditions, the User and the Subscriber acquire the right to use the software in accordance with the General Terms and Conditions and the terms of the Agreement on the assignment of the right to use the software.

3. User Terms

3.1

The user is obliged to accept the General Terms and Conditions before using the software.

3.2

Before using the software for the first time, the User is obliged to perform a registration procedure in which the General Terms and Conditions are identified and accepted by ticking a checkbox in front of the sentence “Accepting the General Terms and Conditions of eTerapeut Software”

3.3

By accepting the General Terms and Conditions, the User agrees and accepts the General Terms and Conditions that apply to each use of the software. It is the duty and right of the User to check the accepted General Terms and Conditions and in case of disagreement with them immediately stop using the software.

3.4

Each user must meet the technical and actual requirements necessary for the efficient and safe use of the software, as follows:

(1) Internet access

(2) Internet software and hardware (web browsers: latest versions of Google Chrome, Mozilla Firefox, Microsoft Edge, and Safari)

(3) identification means that are a prerequisite for identification and therefore for the use of software

3.5

When accessing the software, the User logs in with a username and password.

3.6

The user must provide the conditions from point 3.4 of the General Conditions. Webkraft Studio does not bear any obligations or responsibilities regarding the proper and uninterrupted operation of equipment, services, products and information programs that are an integral part of the terms of the Software User.

3.7

Webkraft Studio does not guarantee the proper and safe operation of the software if the User does not meet the requirements of point 3.4 of the General Terms.

4. Concluding the Agreement on the assignment of the right to use the software and the use of the license

4.1

The Agreement on the assignment of the right to use the software is concluded when the User, ie the person who is the representative of the business entity-Subscriber, signs the Agreement on the assignment of the right to use the software.

The agreement on the assignment of the right to use the software is concluded for an indefinite period of time.

4.2

In case the User is a legal entity, the representative of the legal entity becomes the Subscriber’s Administrator.

Subscriber Administrator is the User who is considered to perform all activities through the software and in connection with the software with the authorization of the Subscriber.

4.3

With the concluded contract with Webkraft Studio, the Subscriber, ie the User receives a License.

4.4

Subscriber – a legal entity uses the license through the User designated as the Subscriber’s Administrator.

The Subscriber Administrator has the right to allow other Users to use the Subscriber’s License, provided that they are employed by the Subscriber.

At the proposal of the Subscriber Administrator or the person who is the representative of the business entity, Webkraft Studio may, on behalf of the business entity, appoint another User as the Subscriber Administrator.

5. Use and payment

5.1

Use of the software is charged. To use the License, the Subscriber must pay a license fee or agreed fee.

5.2

The license fee is determined by the Agreement on the assignment of the right to use the software.

5.3

The Licensee is obliged to pay the License. Webkraft Studio will provide the Subscriber or the User with an invoice for the License. The Subscriber or User is obliged to pay the License within the period prescribed by the Agreement on the assignment of the right to use the software.

5.5

In the event that the Subscriber or the User is more than 45 days late in paying the License, Webkraft Studio will disable the use of the License. In that case, no User will be able to use the functions of the software used under the Subscriber’s License, or the User if the contractor is a natural person.

Webkraft Studio may re-enable the use of the License of the Subscriber or the User when the Subscriber or the User settles the debts for the Licenses and pays the charged legal default interest. Webkraft Studio will also charge for the use of the service for the period in which the service was temporarily disabled due to late payment.

6. Unauthorized purposes of using the software.

6.1

The Subscriber and the User may use the software only to perform their registered activity. Any other use of the software is prohibited.

6.2

When using the software it is strictly forbidden:

(1) disable or prevent other Users from using the Software

(2) publish, transmit, distribute or sell any information, topics and materials that are illegal, false, obscene, offensive or spread racial, sexual or any other kind of intolerance;

(3) publish advertisements, applications, chain letters, pyramid schemes, investment opportunities or schemes or any other advertising;

(4) Abuse, endanger the rights of others or any other violation of the rights of others;

(5) Transfer software content protected by intellectual property rights to others or provide access to such content in any other way, unless such transfer has been previously agreed with Webkraft Studio;

6) Use materials or information, including images or photographs available through Webkraft Studio in any way that would infringe the copyrights, trademarks, patents, trade secrets or other rights of Webkraft Studio, other licensees, users or third parties;

(7) Transfer to software files and other content containing viruses, Trojan horses, program worms, time bombs, damaged files or other similar software or data that may harm the operation of software or equipment on or using operating the User’s software or equipment;

8) Intentionally or unintentionally harms the software in any way, for example by attempting to attack the server and by other actions that would consequently disable, erroneously, restrict the operation of the software;

(9) collect information about the Subscriber, Organizations and / or Users from the software in various ways;

(10) Create or use a false identity with the intent to seduce others, in particular Saop and Customer Support;

(11) Use, transmit or otherwise copy and offer (for a fee or free of charge) to others a directory or any other information about the Subscriber and / or Users or information about the use of the software;

(12) Without the written permission of Webkraft Studio, collect information or use information about the technology used, ideas derived, approaches used and any other software content that could be used in other commercial and non-commercial services or products.

7. Software operation

7.1

Webkraft Studio guarantees uninterrupted operation of the software, except in the following cases:

(1) Non-functioning of the User’s hardware or any other case in which the User does not meet the conditions from Chapter »3. User Terms «;

(2) Interventions (predictable and unpredictable) related to software maintenance;

(3) Software and hardware upgrades required for software operation;

(4) Non-functioning Internet connections;

(5) Force majeure.

7.2

Webkraft Studio undertakes to notify all users and Subscribers of foreseeable interventions on the software within at least 6 hours prior to performing such interventions.

8. Customer Support

8.1

Users who use the Subscriber’s License are entitled to support in the use of the software in accordance with the Agreement on the assignment of the right to use the software.

9. Limitation of Liability Webkraft Studio

9.1

Users and Subscribers agree that they will use the software, including software, content and services available through the software, at their own risk.

9.2

Webkraft Studio’s entire liability for any damage is limited by the amount of the Licensee paid for the use of the Software for the month in which Webkraft Studio notified the damage. Webkraft Studio is not liable for any indirect, incidental or consequential damages (including lost profits, income, investment, goodwill) arising from the use of the software. This limitation also applies in the event that Webkraft Studio would be notified of the possibility of such damage. This limitation of liability includes (but is not limited to): virus transmission, hardware failure, connection errors, misuse or theft of user identity.

9.3

In no event shall Webkraft Studio be liable for any loss or damage that may result from the user or subscriber importing the information published in the software.

9.4

All claims due to any errors or infringements resulting from the actions of third parties, about which information is published in the software, are accepted only against those persons.

10. Data storage

10.1

Webkraft Studio will take all necessary steps to protect the data generated by the software stored in the database created on the Google Cloud platform from unauthorized access by third parties. In this regard, the User confirms by signing the Agreement on the assignment of software use rights and acceptance of the General Terms and Conditions that he complies with the HIPAA Compliance on Google Cloud Platform standards listed on the website https://cloud.google.com/security/compliance/hipaa/ which apply to the above database, and that Webkraft Studio is not responsible if there is unauthorized or illegal processing of personal data and accidental loss, destruction or damage of personal data through no fault of Webkraft Studio.

10.2

Webkraft Studio may disclose data stored in the database only on the basis of a judicial decision or a written request of a state body that has the legal authority to view the data.

10.3

The User or the Subscriber may transfer data from the database to the extent and in the form provided by the General Terms and Conditions of Use of the Internet Program. The data is stored in a database created on the Google Cloud platform, and the HIPAA Compliance on Google Cloud Platform standards listed on the website https://cloud.google.com/security/compliance/hipaa/ are applied to them. while the Software Assignment Agreement is in force, and upon termination of the above agreement Webkraft Studio will send them to the User in JSON format within 14 days from the date of termination of the Software Assignment Agreement to the email address provided by the User by first logging in software and delete them from the database.

11. Free trial rehearsal for 30 days

11.1

The software is available to the User / Subscriber free of charge during a 30-day trial period. The data entered in the trial version will be available to the User / Subscriber 30 days from the date of registration, if he signs the Agreement on the assignment of the right to use the software.

11.2

After the expiration of 30 days from the date of registration, the User / Subscriber may re-access the entered data, if no later than 30 days from the date of registration concludes the Agreement on the assignment of the right to use the software. Webkraft Studio reserves the right to delete data after 30 days from the date of registration if the User / Subscriber does not enter into an Agreement on the assignment of the right to use the software.

12 Violation of the General Terms and Conditions and termination of the License Agreement

12.1

If the User / Subscriber violates the General Terms and Conditions of Assignment of Software Use, Webkraft Studio may, after warning the User / Subscriber of the violation, disable the User / Subscriber from using the software.

 12.2

If the User / Subscriber violates the General Terms and Conditions, Webkraft Studio may, after warning the User / Subscriber, unilaterally and without notice terminate the Agreement on the assignment of the right to use the software.

13. Termination of the Agreement on Assignment of Software Use Rights

13.1

Either party may terminate the Software Assignment Agreement, as set forth in the above agreement.

14. The provisions governing the processing of personal data are part of Webkraft Studio’s General Terms and Conditions

14.1

Provisions for the processing of personal data are part of the General Terms of Use.

14.2

Terms related to the protection of personal data have the following meanings:

Personal data are all data from the personal data file, and in accordance with the Law on Personal Data Protection, whose controller in terms of the Law on Personal Data Protection is the User. Personal information refers to an individual regardless of the form in which it is expressed.

The data subject is a natural person whose personal data are processed;

Personal data processing is any action or set of actions performed automatically or non-automated with personal data or their sets, such as collecting, recording, sorting, grouping, ie structuring, storing, matching or changing, discovering, inspecting, using, detection by transfer, ie delivery, reproduction, dissemination or otherwise making available, comparing, restricting, deleting or destroying (hereinafter: processing);

Restriction of processing is the marking of collected personal data in order to limit their processing in the future;

Pseudonymization is processing in a way that prevents the attribution of personal data to a certain person without the use of additional data, provided that these additional data are kept separately and that technical, organizational and personnel measures are taken to ensure that personal data cannot be attributed to a specific or identifiable face;

Personal data records are any structured data set containing at least one personal data available on the basis of criteria that allow the use or aggregation of data, whether the set is centralized, decentralized or dispersed on a functional or geographical basis; a structured data set is a set of data that is organized in such a way that it can determine or enable the identifiability of an individual.

The controller of personal data is the User / Subscriber, who alone or together with others determines the purposes and methods of processing personal data.

The contractual processor is Webkraft Studio, which processes personal data in the name and on behalf of the Operator.

A contractual processor is a legal or natural person to whom the contractual processor entrusts certain tasks in the field of personal data processing.

Recipient is a natural or legal person or other person from the public or private sector to whom personal data has been disclosed or disclosed.

Providing personal information is the transmission or disclosure of personal information.

A third country is a country that is not a member state of the European Union or part of the European Economic Area.

The consent of the data subject is any voluntary, determined, informed and unambiguous expression of the will of that person, by which that person, by statement or clear affirmative action, gives consent to the processing of personal data relating to him;

Genetic data is personal data that refers to inherited or acquired genetic traits of a natural person that provide unique information about the physiology or health of that person, and especially those obtained by analysis from a sample of biological origin;

Biometric data is personal data obtained by special technical processing related to physical characteristics, physiological characteristics or behavioral characteristics of a natural person, which enables or confirms the unique identification of that person, such as a picture of his face or his dactyloscopic data;

Health data are data on the physical or mental health of a natural person, including those on the provision of health services, which reveal information about his health condition;

14.3

When applying the provisions of these General Terms and Conditions, the provisions of the Law on Personal Data Protection and the Rights of the European Union will be fully complied with. The Contracting Processor shall ensure that it is registered to perform the activities specified in these General Terms and Conditions.

14.4

Personal data will be managed by the Contractual File Processor who will process personal data in the form and manner specified in the contract. The contractual processor undertakes to the controller that the personal data he processes on his behalf and for his account will be processed in accordance with the contract, including with regard to the transfer of personal data to a third country or international organization.

By accepting the General Terms and Conditions and signing the Agreement on Assigning the Right to Use the Software, the Operator gives written consent that the data generated by the use of the software, ie entered by the Operator, be stored in a database formed on Google Cloud platform outside the Republic of Serbia. assumes all responsibility, it’s that the Contracting Processor is in no way responsible if the above violates any law in force in the Republic of Serbia or there is unauthorized or illegal processing of personal data and accidental loss, destruction or damage of personal data without the fault of the Contracting Processor.

The controller is obliged to obtain the consent of the data subject for the above-mentioned data processing, and the Contractor is not responsible if there is a violation of positive legal regulations due to the lack of the above consent.

14.5

The contractual processor of personal data may perform such actions to fulfill the subject of the Agreement on the assignment of the right to use the software and these General Terms and Conditions and may not perform them for any other purpose. In particular, the Contractor may not use personal data for marketing or marketing purposes. perform any other processing of personal data that is not defined by the Agreement on the assignment of the right to use the software (eg unauthorized disclosure, dissemination of data, etc.). The contractual personal data processor processes personal data on behalf of the Controller.

Obligations of contractors regarding procedures and measures for personal data protection.

14.6

The Contracting Processor must, when executing the provisions of the Agreement on Assignment of Software Use Rights and these General Terms and Conditions relating to personal data and related to their processing, take measures to ensure the protection of personal data so as to prevent accidental or intentional unauthorized destruction of data. modification or loss and unauthorized processing:

protect premises, equipment and system software,

prevents unauthorized access to personal data during transmission, including transmission by telecommunications and networks,

provides an effective way to block, destroy, delete or anonymize personal data,

allows you to later determine when individual data was entered into a personal data file, used or otherwise processed, and who did it,

when designing and implementing new IT systems, the contractor must first consult with the Operator to ensure that personal data is processed while respecting the privacy of individuals when introducing new IT systems.

14.7

The contractual processor must ensure the integrity (confidentiality), confidentiality, availability and traceability of personal data, and where this is due to the nature of the processing, assist the Data Controller in meeting its obligations to respond to data enforcers’ requests, such as the provision of information to be provided to the individual, the right to delete, the right to rectification, the right to restrict processing, the obligation to notify about the correction or deletion of personal data or to restrict processing, and the right to process portability.

14.8

The Contracting Processor must make available to the Operator all information proving compliance with the obligations under these General Terms and Conditions and must enable the Operator or another auditor authorized by the Operator to perform audits, including inspections.

Room and hardware security

14.9

Premises in which personal data files must be kept and the hardware and software that enable access to such data must be protected by organizational, physical and technical measures that prevent unauthorized persons from accessing the data.

14.10

The premises of the Contractual Processor in which the personal data of the Operator are processed must be physically protected.

14.11

Access to protected premises is allowed only to those employees whose right to enter certain premises derives from the systematization of jobs or some other internal act of the Contracting Processor.

Protection of system and application software, transmission by telecommunication means

14.12

Access to system and application software must be protected by a system of passwords for authorization and identification of users (especially at the level of system software and application software) that allows access only to certain authorized and contracted repairers of computers and software.

The program or application must be designed so that data processing can be reproduced and that no interruption of processing results in loss, destruction or alteration of data.

Any new program or change to existing programs should be tested on a test sample before regular use. Development programs and test databases must be separate from the production environment.

When designing and implementing new IT systems, the Contractor must first consult with the Operator to ensure that personal data is also processed with respect to the privacy of individuals when introducing new IT systems.

Data media protection

14.13

Data carriers must be stored in safe places, and outside protected rooms (corridors, common rooms, etc.) they must always be locked in a fireproof and fireproof cabinet.

Security for transmission over telecommunications networks

14.14

Personal data must be protected when transmitted by telecommunications and networks.

Sensitive personal data must be protected by cryptographic methods and electronic signatures when transmitted over telecommunications means and networks in such a way as to ensure their illegibility or unrecognizability.

Organization of the work process

14.15

In the case of a Contractual Processor, personal data may only be processed by persons authorized to do so. All other employees must obtain the written approval of the management or the competent body for the processing of personal data.

Measures to ensure the integrity, confidentiality and availability of personal data traceability of operations on them

14.16

The contracting processor must ensure the integrity, confidentiality of the personal data it processes, it must ensure that the personal data it processes are available, it must ensure the traceability of operations during the processing of personal data.

14.17

The contractual processor must ensure the confidentiality of the personal data it processes. The contractual processor must ensure the traceability of all actions performed on personal data so that it can later be determined when individual personal data were used or entered into the personal data file and who did so during the period when legal protection is possible.

14.18

The contractual processor must ensure the availability of the personal data it processes.

14.19

The contractual processor of personal data will ensure the traceability of all operations performed on personal data.

The contractual processor of personal data will ensure the traceability of all operations performed on personal data, so that it is possible to subsequently determine when individual personal data were used or entered in the personal data file and who did it, for the period when rights of protection are possible. inadmissible transfer of personal data.

The personal data controller must ensure that for each transfer of personal data it is subsequently possible to determine which personal data were transferred, to whom, when and on the basis of which, in the period when legal protection of individual rights is possible due to unauthorized transfer of personal data.

Contractual personal data processors

14.20

Only with the prior written consent of the Operator, the Contractual Processor of Personal Data may entrust individual tasks related to the processing of personal data to a contractual processor registered to perform such activities and provide appropriate procedures and measures for the protection of personal data.

If the Contractor has justifiably delegated the execution of these acts to a third party (the Contractor), he must ensure that the third party fully complies with the provisions of the Software Assignment Agreement. Execution of obligations under the Agreement on Assignment of Software Use Rights is the responsibility of the Contractor as if it had performed them and is fully responsible to the Operator for fulfilling the contractual obligations of the subcontractor in the field of personal data protection to fulfill other obligations of subcontractors.

14.21

In case of a dispute between the Contractor and the Handler, the Contractor shall immediately return the contractually processed personal data at the request of the Handler, if they have not been deleted in accordance with the General Rules. All copies of this information must be immediately destroyed or forwarded to the state authority responsible for detecting or prosecuting criminal offenses under the law, court or other state authority, if required by law.

15. Data confidentiality protection

15.1

The contractual processor is obliged to ensure that employees and other persons who perform tasks or tasks of personal data processing protect the confidentiality of all data with which they are acquainted in the performance of their work and tasks. The obligation to protect the confidentiality of personal data of this person is also obliged after the termination of employment or the performance of work or contract processing work.

15.2

Confidential information is also considered to be information on the Operator’s business, which is not publicly available and for which the contracting parties become aware in accordance with the provisions of the Agreement on the assignment of the right to use the software, e.g. financial data, work methodology and tools used, etc.

15.3

The parties may disclose confidential information only to those persons who directly participate in the execution of the Agreement on the assignment of the right to use the software.

The contractual processor is obliged to inform the Handler in writing in case he finds out about the violation of personal data, without undue delay. The written notice must contain a description of the personal data breach together with the types and number of personal data records, categories and the number of persons concerned. In the written notice, the Contracting Processor must also provide a description of the likely consequences of the breach of personal data use.

15.4

The contracting parties are obliged to protect business secrets both during the execution of the Agreement on the assignment of the right to use the software and after its execution or possible termination.

15.5

In the event of termination of the Agreement on the assignment of the right to use the software, the Contract Processor must immediately stop the processing of personal data.

In this case, the Contracting Processor must destroy all personal data and all copies of this data.

15.6

If the Contractor’s processor is at risk of destruction, alteration, loss or unauthorized processing of personal data, the Controller must warn him of this and set a reasonable deadline for him to rectify the irregularities. If the Contractual Processor does not comply with the request of the Operator, the Operator may terminate the Agreement on the assignment of the right to use the software.

16. Terms of use of Google Calendar in eTerapeut software

16.1

The privacy statements below describe how we collect and use the information you provide if you decide to sync your Google Calendar with the eTerapeut planner.

16.2

Collection and Use

We collect the following personal information from your Google Calendar:

  • Event name
  • Event date
  • Event time
  • Event description
  • Event location

We add/import the following personal information from your eTerapeut session to your Google Calendar:

  • Event name
  • Event date
  • Event time
  • Event description
  • Event resource name

We use this information to

  • Populate your eTerapeut session data in your Google Calendar account.
  • Create sessions from eTerapeut’s calendar.
  • Keep your Google Calendar in sync with your eTerapeut sessions.
  • Send session confirmation emails, session update emails or session reminder emails only to eTerapeut contacts imported from Google Calendar  

We will only use this information for the specific reason for which it was provided to us.

Disclosure to Third Parties

We do not share or sell your personal information to third parties.

We disclose information only in the following cases:

  • as required by law, such as to comply with a subpoena or similar legal process
  • when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, to investigate fraud, or to respond to a government request
  • if we are involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice through our app of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information
  • to any other third party with your prior consent to do so.

Security

The security of your Google Calendar  personal information is important to us. We take commercially reasonable measures and follow generally accepted standards to protect the information you provide us, both during transmission and once we receive it. As an example, the information you provide is transmitted via encryption using technologies such as secure socket layer technology (SSL).

No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee the absolute security of your information. 

Accessing Your Information

To review, correct, or update your customers’ information, you can use the eTerapeut tool. 

We will retain the synced/imported information for as long as your account is active.

If you wish to close your account or request that we no longer use your Google Calendar  you can remove the Google Calendar from the eTerapeut’s profile section.

17. Liability for damage

17.1

The contracting parties are obliged to treat the subject of the Agreement on the assignment of the right to use the software with the care of a good expert.

17.2

The Contract Processor shall not be liable for any damages caused by the Operator during the execution of the Software Use Agreement.

If the Operator or someone else, for whom the Operator is also at fault, causes damage or deterioration of the Contractor’s position, the Contractor’s liability for damage shall be reduced proportionately.

The contractual processor will not be liable for loss, damage or any other form of alteration of personal data caused by force majeure. Force majeure shall be considered unforeseen and unexpected events that occur independently of the will of the contracting parties and which the contracting parties could not have foreseen at the time of concluding the contract and in any way affect the performance of contractual obligations. Each Contracting Party must notify the other Contracting Party in writing of the occurrence of force majeure within two days of its occurrence.

18. Validity of the General Terms and Conditions

18.1

By accepting the General Terms and Conditions, the User / Subscriber agrees to them and agrees with the content.

19. Final provisions

19.1

The laws of the Republic of Serbia shall apply to the explanation of the General Terms and Conditions even if a certain issue is not regulated by the General Terms and Conditions.

19.2

The court in Smederevo is competent to resolve any disputes that may arise in connection with the use of the software or in connection with its use.