Pdfcrowd Terms of Service

Pdfcrowd Terms of service (hereinafter also as ToS) for the Pdfcrowd.com service provided by

Pdfcrowd s.r.o.
Registered place of business: Kostelní náměstí 506/1, 288 02 Nymburk, Czech Republic
ID No: 10786546
Registered in the Commercial Register kept by the Municipal court in Prague, Section C, Inset 348410
(Hereinafter referred to as "Pdfcrowd" or the "Provider")

Provision of the Pdfcrowd.com service shall be governed by Czech law, especially Act. 89/2012 Coll. and further in the part related to personal data protection (see Article 6 of the ToS) as well as to the regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data (hereinafter referred to also as GDPR or the General Regulation) and the relevant national regulation of the Czech Republic.

1. Introduction

These terms of service govern the rights and obligations of the Parties that have arisen in connection with the provision of the Provider's service, consisting in conversion between document formats (hereinafter referred to also as the Service). The service can be used anonymously or as a registered user. The use of some products of the Service is subject to a fee.

The User of the Service is a natural or legal person acting on the part of the client of the Service, which has registered with the Service in accordance to these terms of service or uses the Service as so-called anonymous user. A natural person is personal data subject within the meaning of the regulation (EU) 2016/79, general regulation on the protection of personal data and the relevant national regulations of the Czech Republic.

The Provider is both a personal data controller of its Users of the Service based on the conclusion of the Contract and further acts as the processor of personal data which processes based on the specification provided by the Users of the Service (see Article 6 of the ToS).

Controller - The General Regulation understands the controller as a natural or legal person, public authority body, agency or other entity which, alone or jointly with others, determines the purposes or means of personal data processing.

Processor - The General Regulation understands the processor as a natural or legal person, public authority body, agency or other entity which processes the personal data for the controller.

User categories - The users can use this Service as anonymous (non-registered) users or registered users. Fee-based products of the Service can be used only by registered users.

The Contract shall mean an electronic contract concluded between the Provider and a registered User by filling out and submitting the web registration form on the pdfcrowd.com website. By submitting the registration form the user grants approval with these ToS and undertakes to keep them.

If the User's input documents contain third parties' personal data, the Provider offers an option to conclude an accompanying contract on the processing of personal data (see Article 6.2 of the ToS).

By using Pdfcrowd.com website the User agrees to be bound by the following terms of service.

Changes in terms of service and their effectiveness. Provider reserves the right to update, supplement and, to the reasonable scope, change these terms of service. Any changes of the terms of service shall be effective as of the day determined by the Provider, however in relation to each User only in the case if the User agrees with such a change. The User's consent is deemed to be either the clicking of the relevant confirmation window on the Provider's website, expressing consent to the change of the terms of service or the User continuing to use the Service even after the date determined by the Provider as the date of effectiveness of the terms of service change. If the User does not agree with the changes, he shall refrain from using the Service after the date determined by the Provider as the date of effect of terms of service amendments. All new functions that will extend or improve the current Service, including releasing new tools and sources, will be subject of business conditions amendments. The continuing use of this Service after performing such amendments thus constitutes consent with these amendments. The User can read the newest version of the terms of service anytime at https://pdfcrowd.com/legal/.

The breach of any of the below-mentioned terms shall result in termination of the User's account.

2. Accounts

  1. The registered User must provide a valid e-mail address and all other information required to complete the registration process.
  2. The User shall be responsible for maintaining the security of its account and password. Provider cannot and shall not be responsible for the losses or damages resulting from the failure to keep this security obligation.
  3. The User shall be responsible for all that occurs under its account.
  4. One natural person or legal person must not sign up for more than one trial account.
  5. Using the Service for illegal or unauthorised purposes is prohibited. When using the Service, the User may not violate any laws in its jurisdiction (including, but limited to copyright or trademarks laws).
  6. It is not allowed to circumvent the technology used to protect the Service.

3. Support

If the User has a request related to the Service, he can send it through the contacts listed at https://pdfcrowd.com/contact/. Pdfcrowd shall exert reasonable effort to all responses in a reasonable time framework, however, it does not guarantee or provide any warranties related to the answer in a particular time framework nor that he will be able to reply in a satisfactory manner.

4. API

The User may access the Service through the API (Application Program Interface). Any use of the API, including using the API through a third party product, through which the User access the Service, shall be bound by these terms of service and the following particular terms:

  1. The User expressly acknowledges and agrees that Pdfcrowd shall not be responsible for any direct, indirect, incidental, consequential or exemplary damages, including, but not limited to, profit loss damage, good name, data use or other immaterial losses (even though Pdfcrowd was informed about the possibility of such damages), resulting from the User's use of the API or third party products that access the Service through the API.
  2. Abuse or excessively frequent request to the API can result in a temporary or permanent suspension of access of the User's account to the API. Pdfcrowd will determine, in its sole discretion, the abuse or excessive use of the API. Pdfcrowd will perform a reasonable attempt via e-mail to warn the account owner of prior to suspension.
  3. Pdfcrowd reserves the right to change any time, temporarily or permanently access to the API (or any part thereof) with notification or in the case of emergency without notification.

5. Payments, refunds

  1. Paid products may be purchased either by paying a monthly or yearly fee depending on the product type.
  2. Financial refund for a partial use of the Service is not provided.

6. Personal data protection

The provider comes in touch with personal data in two ways within providing the Service. On one hand, he acts as a controller towards the registered Users of the Service (natural persons), on the other hand as a processor in relation to the input documents provided by the registered Users (these input documents may contain personal data - see Article 1 of the ToS).

6.1 Provider of the Service in the position of personal data controller

The data subjects shall have the right to information from the controller under Article 13 of the General Regulation at the moment of obtaining personal data. The controller thereby does so and provides the subsequent information:

6.1.1 Information about the controller and basic terms

The personal data controller is Pdfcrowd s.r.o. which processes personal data of Users - natural persons in accordance with regulation (EU) No. 2016/679, on the protection of natural person with regard to the processing of personal data (Hereinafter referred to also as the General Regulation).

Registered users of the Service – natural persons are so called data subjects. Legal person is not data subject. Data related to natural person are not personal data, excluding natural persons' contact data with the legal entity.

Controller's contact data: Pdfcrowd s.r.o., Kostelní náměstí 506/1, 288 02 Nymburk, Czech Republic, email contact: support@pdfcrowd.com

Personal data are defined by the General Regulation as any and all information on an identified or identifiable natural person (data subject). An identifiable natural person is a natural person which can be identified directly or indirectly, especially by reference to a certain identifier e.g. name, identity No., location data, network identifier or one or more special features of physical, physiological, genetic, psychological, economic, cultural or social identity of this natural person.

Personal data in connection with the Service are all information about registered Users - natural persons on the basis of which the User can be directly or indirectly identified, especially by a reference to certain identifier.

Processing shall mean any operation or set of operations with personal data or sets of personal data which is performed, whether or not by automatic means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, inspection, use, disclosure by transmission, dissemination or any other disclosure, alignment or combination, limitation, erasure or destruction.

6.1.2. Scope of personal data being processed

Personal data of registered Users processed by the controller vary depending on the User of the Service.

  • Registered users - IP Address, cookies, email address
  • Registered users using fee-based products - personal data as registered users plus billing data (i.e. name, surname, company name, address, postal code code, state, VAT ID, PayPal email address, anonymized form of payment card.

6.1.3 The purpose of processing, legal title and the way of processing

The Provider is entitled to process User's personal data for the purpose of:

  1. Performance of the concluded Contract on the provision of the Service. The Provider cannot provide this Service without the provision of personal data for these purposes. The Provider as a controller does not need the User's consent to process personal data for these purposes.

    From this legal title, in addition to the provision of the Service, the controller processes IP address for a period of one year from the beginning of the provision of the Service in order to identify and solve problems with the operation of the Service.

  2. Fulfilling the legal obligations. Users' invoicing data remain in the database in the form of invoices even after a registered User deletes his account. Invoices issued by the Provider are in accordance with Section 35 of Czech Act No.235/2004 Coll on the Added Value Tax, are archived for a period of 10 years after they have been issued. Due to the necessity to prove a legal reason for the issuance of invoices, the invoices are archived for a period of 10 years from the date of termination of the Contract.

Personal data for these above-mentioned purposes arising from the performance of the Contract and fulfilment of the Provider's legal obligation are processed in the scope necessary for the fulfilment of these purposes and for the period necessary to achieve them or for the time directly set by the legal regulations. Then the personal data are erased or anonymized.

The Provider keeps records of all activities, both manual and automated, during which personal data are processed.

6.1.4 Information on the rights of data subjects

Each identifiable natural person as personal data subject which proves its identity, shall have the following rights:

a) Right of access to personal data. It includes the right to obtain from the controller:

  • confirmation, whether he processes personal data,
  • information about the purposes of processing, categories of the affected personal data, recipients to whom the personal data have been made available or will be made available, the scheduled time of processing, the existence of the right to ask the controller for correction or erasure of personal data related to data subject or restriction of their processing or the right to object against this processing, the right to file a complaint with the Supervisory Authority, all information on the source of personal data available, if they are not obtained from the data subject, the facts that there is automated decision making, including profiling, suitable guarantees when handing over the data outside the EU.
  • in the event that the rights and freedoms of other persons are not adversely affected, as well a personal data copy.

The above-mentioned information and notification requested by the User will be provided by the Provider free of charge. In the event of repeated request, the Provider will be entitled to charge a reasonable fee for the personal data copy. The right for a confirmation of the processing of personal data and for information is to be exercised via e-mail to the Provider's electronic address (see Article 6.1.1of the ToS).

b) The right to rectify inaccurate data
The User as a data subject has the right to rectify inaccurate personal data that will be processed by the Provider.

c) The right of erasure
The data subject has the right of erasure of personal data, pertaining to it, unless the Provider proves justified reasons for the processing of these personal data. The user can exercise the right of erasure of personal data via e-mail to the Provider's electronic address (see Article 6.1.1 of the ToS). The Provider shall carry out the erasure, without delay, within 7 days from the day on which he obtained the request from the User.

d) The right to restriction of processing
The data subject shall have the right of restriction of processing until the complaint is resolved, if he or she denies the accuracy of the personal data, the reasons of their processing or if he or she objects against their processing, through e-mail to Provider's electronic email address (see Article 6.1.1 of the ToS).

e) The right to be notified of rectification, erasure or restriction of processing
The data subject shall have the right to be notified by the Provider in the case of rectification, erasure or restriction of processing.

f) The right to personal data portability
The data subject shall have the right to the portability of the data pertaining to it and which it has provided to the controller, in a structured, commonly used and machine-readable format and the right to ask the controller to hand over these data to another controller. If the exercise of this right could adversely affect the rights and freedoms of third parties, the User's request cannot be accommodated.

g) Automated individual decision making including profiling
The data subject shall have the right not to be a subject of any decision based solely on automated processing, including profiling, which would have legal effects for the data subject or the data subject would be significantly affected by it. The Provider states that he does not carry out automated decision making without the impact of human judgment with legal effects for data subjects.

h) The right to turn to the Office for Personal Data Protection
The data subject shall have the right to turn to the Office for Personal Data Protection of the Czech Republic (https://www.uoou.cz/en/).

i) Personal data protection
The Provider collects and stores the personal data entered by the User as well as technical personal data obtained in the course of providing the Service through electronic carriers of information in a secured database. The Provider protects personal data to the fullest extent possible using modern technologies corresponding to the degree of technological development. The Provider declares that he has taken any and all currently known measures to secure these data against unauthorised interventions of third parties.

Should any violation of personal data security be found, the Provider shall report it without due delay, if possible within 72 hours from the moment he has learned of it, to the Supervisory Authority and provide a reasonable remedy.

j) Other receivers of personal data - processors
The Provider uses professional and specialised services of other entities when performing its obligations and duties from the Contract. Provider, as a controller, is therefore entitled to assign a third party as a processor of personal data, whereas the Provider as a controller, will use only those processors that provide sufficient guarantees to implement suitable technical and organisational measures so that the processing ensures the protection of rights of the data subjects. If these suppliers process personal data handed over from the Provider, they process the personal data only within instructions from the Provider and may not use them otherwise. The Provider enters with each such entity into a contract on the processing of personal data within the meaning of Art. 28 of the General Regulation. The processors include also companies having their seat outside of the territory of the European Union, in particular in the US. The personal data are therefore handed over outside the territory of the European Union. The personal data processors in question comply with the requirements of the General Regulation.

The Provider may hand over personal data to the administrative bodies and authorities set by applicable legal regulations in the course of fulfilment of its legal duties. The User acknowledges that the Provider may be obliged to provide personal data by law or to fulfil its legal duty (e.g. within legal or administrative proceedings).

k) Confidentiality
The Provider as well as other recipients of personal data who will process User's personal data, are required to keep confidentiality about personal data and security measure the publishing of which would threaten the security of personal data. This confidentiality shall last even after the contractual relationships with the User terminate. Personal data shall not be given to any other third party without the consent of the User.

6.2 Provider of the Service in the position of personal data controller

In addition to the Contract on the provision of the Service, the User can enter into an accompanying contract on the processing of personal data with the Provider, according to art. 28, par. 3 of the Regulation of European Parliament and the Council (EU) 2016/679, General Regulation on the protection of personal data in connection with respective national regulations of the Czech Republic. The contract on the processing of personal data in question can be concluded electronically in the User's account.

The Provider of the Service does not assume any responsibility whether the personal data contained in the input documents are processed with the consent of the natural persons to whom the personal data in question pertain.

The User acknowledges that the User's documents intended for conversion may be accessed in an unauthorised manner and misused by using an inappropriate (insufficiently strong) access password. In such case, the Provider shall not be liable for any unauthorised interference of third parties, as a result of which these persons obtain an unauthorised access to personal data of the User and/or to his User account and they will use these data in an unauthorised manner, misuse or make them available to third parties, provided the Provider proves that he has taken all measures to protect them according to the rules set by this provision of ToS.

Each User (in the position of controller) shall be liable for setting up internal rules in order to ensure sufficient technological and organisational measures to maximize the protection and security of personal data.

7. Disclaimer

The use of the Service is at own risk.

The Provider shall not be liable to the User for any direct or indirect harm or damage incurred to the User in connection with the use of the Service in the case of violation of obligations by the User, especially when it comes to protecting password and access data to the user account and providing incorrect, inaccurate or incomplete data about the User when registering.

By using the Service the User also acknowledges and is in full recognition of the fact that the Service may be temporarily out of service due to technical reasons and/ or may show inaccurate results. In such cases, the Provider shall not be liable whether for direct or indirect harm or damage that may be incurred to the User.

8. Final provisions

The User understands that Pdfcrowd uses third-party suppliers and hosting partners providing hardware, software, networks, storage and the related technologies needed to operate the service.

Pdfcrowd does not guarantee that

  1. The Service will meet User's specific requirements.
  2. The Service will be uninterrupted, timely, safe or error-free.
  3. The results that can be obtained from the use of the Service will be accurate or reliable.
  4. Any errors in the service will be corrected.

The Contract on the provision of the Service as well as these terms of service shall be governed by the law of the Czech Republic, regardless of any conflict of laws. By accepting these terms of service, the User agrees that any court dispute related to this contract may be filed only and will be subject to the jurisdiction of any court of the Czech Republic.