1.1 BENEFITY a.s., Business ID: 27095231, Tax Identification Number: CZ27095231, a company with registered office at Křižíkova 237/36a, 186 00 Prague 8, registered under Reg. No. B 8967/MSPH in the Commercial Register maintained by the Prague Municipal Court ("Provider"), is a company providing employees of its clients (jointly referred to as "Users" and individually referred to as "User") with the option to select and use their non-financial benefits through the Benefity cafeteria web-based and mobile application ("Benefity Application").
1.2 The Provider operates the Benefity Application, a mobile and web-based application that provides an aggregated access to goods and services offered by their suppliers, where such goods and services are subject to Section 6(9)(d) and other related provisions of the Income Tax Act (Act No. 586/1992 Coll. on Income Tax). Among other functions, the mobile and web-based application allows Users to register and to open a user account, which is a prerequisite for the use and administration of benefit points.
1.3 The Terms of Use for the Benefity Application apply to the legal arrangement between the Provider and the User concerning the use of the Benefity Application, which needs to be laid down in a situation where the User enters into a legal arrangement with the Provider at the time of the User's first logging into his/her user account and entry of mandatory data. Granting consent to the Terms of Use is a prerequisite for opening the User's user account.
The terms written in these Terms of Use starting with a capital letter are assigned the following meaning:
2.1 Terms of Use: The present Terms of Use for the Benefity Application;
2.2 Legal Arrangement: An implied agreement for the use of the Benefity Application entered into between the Provider and the User upon the User's first login into the Benefity Application and entry of required data, whereby the User activates the user account opened for the User by the Provider as an offer extended to the User for establishing a Legal Arrangement with the Provider;
2.3 Provider: BENEFITY a.s., Business ID: 27095231, Tax Identification Number: CZ27095231, with registered office at Křižíkova 237/36a, 186 00 Prague 8, the operator of the Benefity cafeteria application;
2.4 Client: A natural or legal person – employer who enters into an agreement with the Provider, based on which the Provider carries out the distribution and administration of benefits for the Client's employees;
2.5 User: A natural person with a user account activated by the entry of the required data, who is registered in the Benefity Application;
2.6 User account: A user interface for the administration and use of benefits through the Benefity Application;
2.7 Points: Benefits awarded to the User by the Client, which allow the User to use the Benefity Application as a means for obtaining goods and services, the purchase of which is subject to tax advantages in accordance with Section 6(9)(d) and other related provisions of the Income Tax Act (Act No. 586/1992 Coll. on Income Tax).
In the future, the Provider plans to introduce an option allowing the User to 'purchase' additional Points using the User's payment card.
2.8 Civil Code: Act No. 89/2012 Coll., the Civil Code, as in effect;
2.9 GDPR: 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
3.1 The User may be any natural person who is employed or is subject to a similar legal arrangement with the Client, who is identified by the Client to the Provider as a User, and to whom the Client awards Points for purchasing goods and services, primarily from suppliers wherewith the Provider has entered into a special agreement.
3.2 The User account is activated by the User at the time of the first login and the entry of personal and contact data, which constitutes the entry into the Legal Arrangement.
3.3 The Legal Arrangement is entered into electronically by the activation of the User account, specifically by the User clicking on the "Save" button, which must be preceded by the entry of the personal data required by the Provider and the User's consent to the Terms of Use; the activation of the User account also includes the User's confirmation of having read the Terms of Use and the User's confirmation of having read a document containing information on the processing of the User's personal data, where the foregoing consent is granted by checking off the applicable fields.
3.4 Data required by the Provider for User account registration, activation, and administration includes:
3.4.1 the User's e-mail address and telephone number, which serve for increasing User account security; the User may optionally provide additional data, such as
3.4.2 a second e-mail address,
3.4.3 mailing address, etc., and
3.4.3 grant of consent to the distribution of newsletters, information on events, and tips to the User's private e-mail address.
3.5 The User is responsible for ensuring that data and information thereby entered into the form is complete and accurate. The Provider accepts information and data entered by the User in the form, and in good faith considers the same to be complete and accurate.
3.6 If in doubt regarding the accuracy of data provided for a User account, the Provider has the right to request the User to demonstrate the accuracy and truthfulness of such data, and afford a commensurate time limit to the User for doing so. If the User fails to verify data deemed unreliable by the Provider at the Provider's request, the Provider has the right to block the User account and to terminate the Legal Arrangement. The Provider must inform the Client of the termination of the Legal Arrangement, including the reasons for blocking the User account.
3.7 During the first login, the User logs into the Benefity Application through his/her User account by entering a combination of login name (account number received from the Provider) and password (the PIN received by the User from the Provider is a one-time initial password). During the first login into the Benefity Application, the User must as soon as possible change his/her password for logging into the Benefity Application. The password must meet general requirements for security and consist of at least eight, but ideally 12, characters that comprise a combination of small and capital letters, numbers, and special characters – ! " # $ % & ' * + , - . / : ; < = > ? @ [ \ ] ^ ` { | } ~). The User must refrain from:
3.7.1 recording the new password in any way that would make it easily accessible to a third party, and
3.7.2 disclosing it to any person, or
3.7.3 entering it into the application while using a third-party computer or telephone.
4.1 Every User may have only one active User account in relation to one Client, with the exception of cases where Points are temporarily transferred to a BEN PASS, for which a fictitious, relatively separate User account is opened in the Provider's system with a different user environment; BEN PASS is a special type of prepaid electronic multipurpose voucher. Login data for the BEN PASS electronic voucher is displayed by the Provider to the User via his/her User account. Points transferred to the BEN PASS are valid during a predefined time (expiration period), which cannot be subsequently extended.
4.2 The User is not authorized to allow a third party to use his/her User account, and must preserve the confidentiality of login data for the Benefity Application. The Provider is not liable to the User for damage thereby incurred by a violation of the duties laid down in the preceding sentence.
4.3 Subject to meeting the relevant requirements, the User may renew a forgotten password using the procedure described by clicking on the "Forgotten Password" link on the www.benefity.cz website.
4.4 In case that any of the data provided by the User during registration changes, the User must as soon as possible update the data in the Benefity Application via his/her User account. The User acknowledges that the name and surname provided during registration, as well as the data entered about the User by the Client to the Provider, cannot be subsequently changed (data specified by the Client may only be changed through the Client).
4.5 The Provider bears no liability for damage incurred due to changes or unavailability of the Benefity Application caused by hardware or software maintenance announced in advance.
4.6 Any problems concerning the User account or the Benefity Application must be reported by the User as soon as possible after ascertaining the same to the Provider's customer service line at 840 236 236 or by e-mail at benefity@benefity.cz.
5.1 Using all functions of the Benefity Application is possible only after entering into the Legal Arrangement, i.e., the successful activation of the User account and the entry of required data by the User.
5.2 The Benefity Application must be used in accordance with these Terms of Use, the Business Terms for Employers, wherewith the Client must acquaint the User, and laws of general application.
5.3 The User must comply with general security rules while using the User account, including, without limitation, protecting login data and passwords from unauthorized access, and logging out of the Benefity Application immediately after the User ceases using it.
5.4 The User is responsible for all tasks performed via his/her User account, with the exception of cases where the User proves that he/she was unable to prevent a misuse of login data for his/her User account due to objective reasons. Upon learning that his/her User account has been misused by a third party, the User must inform the Provider immediately in writing (for example by e-mail).
5.5 Within the corresponding response time after receiving the User's notice as per the preceding paragraph, the Provider will block access to the Benefity Application for the applicable User account.
5.6 The User must not use the Benefity Application with the aim of harming other persons or detrimentally infringe on their rights and freedoms; in particular, the User must not take action meeting the definition of an infraction or a criminal offense.
5.7 By entering into the Legal Arrangement, the User does not gain any special rights or licenses to the source code of the Benefity Application, its graphic user interface, or other components or features protected by intellectual property protection laws.
5.8 The Provider bears no liability for the quality of goods and services procured by the User for Points. The User may only file complaints with the Provider regarding the quantity of Points, in case that the Client awards to the User a quantity of Points other than provided thereto by the Provider via the User account and, as the case may be, in case that the balance of Points on the User account does not correspond to the quantity of Points that is to be available to the User. The User may file a complaint within 30 days after Points are credited to his/her User account or after the completion of a transaction following the settlement of which the User deems the balance of Points to be incorrect. Complaints filed at a later time will be disregarded.
6.1 The User may terminate the Legal Arrangement at any time subject to no penalty. By terminating the Legal Arrangement, the Provider's right expires to use data provided thereto by the User over and above data provided to the Provider by the Client, i.e., the Provider is no longer able to communicate with the User directly, but may communicate with the User through the User account or through the Client.
6.2 If the User breaches any of the duties laid down in these Terms of Use, the Business Terms for Employers, wherewith the Client must acquaint the User, or laws of general application in connection with using the Benefity Application, the Provider has the right to block the his/her User account effective immediately.
6.3 The Provider reserves the right to block the User account in case that the User does not log into the Benefity Application through his/her User account during a period longer than three years.
7.1 The Provider delivers to the User any and all information and notices using the following equivalent communication channels:
7.1.1 electronic mail sent to the e-mail address specified by the User, or
7.1.2 SMS message, or
7.1.3 via the User account, or
7.1.4 notification via the Benefity Application, where practical.
7.2 The Provider has the right to determine which of the above communication channels is used to deliver a notice to the User. A notice sent by the Provider to the e-mail address provided by the User is considered delivered 24 hours after being sent, unless the Provider receives a message that the e-mail containing the notice could not be delivered.
8.1 Within the meaning of the GDPR, the Provider is the controller of the User's personal data relating to his/her User account. The Provider has not appointed a data protection officer.
8.2 Purpose of Personal Data Processing
8.2.1 The controller processes the User's personal data for the purpose of the administration and distribution of benefits.
8.2.2 The legal basis for processing is Article 6(1)(c) GDPR.
8.2.3 The User's personal data may also be processed by the controller for the purposes of determining, exercising, or defending legal claims based on Article 6(1)(f) GDPR.
8.3 Scope of Processed Personal Data
8.3.1 The controller processes the User's identification and contact data as well as data delivered to the controller by the Client and collected by the controller during the duration of the Legal Arrangement, unless laws in effect require or allow the controller to process such data after the termination of the Legal Arrangement.
8.3.2 The controller processes personal data that is commensurate, relevant, and limited to the necessary scope in relation to the purpose for which data is processed.
8.4 Personal Data Processing Period Personal data is processed while the Legal Arrangement lasts and thereafter kept on file during the period laid down in laws of general application.
8.5 Recipients of Personal Data The controller has the right to transmit the User's personal data to accounting and tax consultants who process personal data for the controller in the capacity of processors.
8.6 Rights of the User
8.6.1 The User has the right to request the controller to provide access to his/her personal data in accordance with Article 15 GDPR, to correct or erase personal data in accordance with Article 16 and Article 17 GDPR, and to restrict processing in accordance with Article 18 GDPR. The User has the right to raise objection to processing pursuant to Article 21 GDPR.
8.6.2 If the User believes that his/her personal data is processed contrary to the law, the User has the right to request remedy from the controller. If the User's request is found substantiated, the controller must without delay remedy the infringement. The foregoing does not prejudice the User's right to file a complaint with the Office for Personal Data Protection.
Detailed information on personal data processing methods and other issues can be found in the Provider's applicable regulation.
8.7 Information on personal data processing within the meaning of Article 12 GDPR is provided to the User in a document titled Personal Data Protection Policy, wherewith the User was acquainted prior to entering into the Legal Arrangement and which the User can display using the application at any time.
8.8 The Provider may provide additional information on personal data processing via the Benefity Application and refer the User to such information using relevant links.
9.1 In addition to these Terms of Use, the Legal Arrangement between the User and the Provider is subject to the Business Terms for Employers, wherewith the Client must acquaint the User, and other laws and regulations of the Czech Republic, the Civil Code in particular.
9.2 A provision of the Terms of Use the effect or force whereof expires will be replaced with a provision the meaning of which is closest to such a provision the effect or force whereof has expired. The expiry of the effect or force of a provision of the Terms of Use does not prejudice the effect of other provisions.
9.3 The Provider may unilaterally make amendments or additions to these Terms of Use at any time. Such amendments or additions do not to prejudice rights and duties originating while the previous version of the Terms of Use was in force. The User will be notified of amendments or additions without unnecessary delay by the display of relevant information directly in the Benefity Application. The User may reject a new version of the Terms of Use in writing within 14 days after receiving a notice of amendments to the Terms of Use. In such a case, the User may terminate the Legal Arrangement within the aforestated time limit for rejecting an amendment to the Terms of Use. Paragraph 6.1 applies mutatis mutandis.
These Terms of Use enter into effect and into force on 12/03/2025.