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General conditions and rules of using directory BarCafe.bg

BarCafe.bg is a web-based directory of information on legal entities and advertising, which is managed by the Administration and used by consumers in accordance with the following conditions. This document has a power of a contract and is required for all systems and devices, where services of BarCafe.bg are available. Accessing, watching materials and / or using of any resource of web directory is the recognition and full consent of the consumer to these terms and conditions. If you do not agree with these terms and conditions or their individual items, please discard using BarCafe.bg.
The document comes into force on 10/01/2017

1. Definitions
The following words, terms and abbreviations used below have the following meanings:
“GCR” - General Conditions and Rules of using web-directory www.barcafe.bg
“The web-directory”, “the directory” - website with the address (URL) www.barcafe.bg
“Administration” - BarCafe.bg, which owns, manages and supports the directory.
“Consumer(s)/User(s)” - natural or legal persons who use the directory services and resources. Consumers are divided into registered and unregistered.
"Profile" - the collection of all data associated with that registered or unregistered user.
"Services" - all services provided by the Administration, its partners and contractors that are available to consumers on www.barcafe.bg web-directory.
"Information about the legal entity", "published information" – information created by the customer, by filling in the questionnaire-form content (incl. text, images, video, etc.) for publication in the web-directory.
"Personal Account" – page of the web-directory designed for making and editing by the user of information on legal entity, access to which is only available for this particular user.
"Paid Information" - detailed information about the legal entity placing a catalog for fee and for a specified period.

2. Acceptance, agreement and performance of GCR

2.1. These GCR is a legal agreement between the Administration and the Consumer, which contains the terms of use of the web-directory. GCR apply equally to registered and unregistered users. Adoption of and compliance with GCR are prerequisite use of the web-directory.

2.2. The GCR come into force from the moment when the consumer for the first time uses the directory or for the first time is registered in the directory and creates a consumer profile. The GCR applicable at the time of each visit to the directory and are valid until the closing of the consumer profile or until the end of using of the directory. The user is responsible for his actions in connection with the use of the directory and after the closing of the consumer profile.

2.3. The relationship between the consumer and the Administration associated with the use of the web-directory exclusively governed by these GCR, the Regulation on Data Protection, and other rules
and regulations established by the Administration and published in the directory and is an integral part of these GCR.

3. Access and registration

3.1. Services of the web-directory intended for consumers who have reached the age of majority and have no restrictions for participation in contractual relations. With the adoption of these GCR, user confirms that meets the above conditions.

3.2. The Administration reserves the right to refuse in services or customer registration if received from the user information unreliable or insufficient for registration, or has other inconsistencies to present GCR.

3.3. Accepting the GCR, consumer expresses his awareness that any information messages, including SMS, sent by the Administration for email address or phone number that were provided by the consumer is not considered as illegal spam messages, according to para. 6 of the Law on Electronic Commerce.

4. Terms of using the web-directory

4.1. The directory can be used by adult individuals, legal entities and organizations established and operating in compliance with the Bulgarian legislation.

4.2. The consumer is entitled to one registration in the directory as a legal entity.

4.3. Consumers, through technologies and tools available at their disposal, have access to the directory, implemented through the normal operation of the directory, and use it for lawful purposes, in accordance with its intended purpose and in accordance with these GCR. All property rights and legitimate interests with respect to the directory, not accounted for in these GCR belong to the Administration.

5. Creating, publishing and archiving the information on a legal entity

5.1. Publication of information on the legal entity is only available to registered users of the directory.

5.2. Successful registration and creation of a consumer profile includes filling with the data the required fields of electronic registration form and sending the completed form to the address of the Administration.

5.3. After sending the completed form consumer receives a message to the given email address that his data are moderated. In case of successful completion of moderation consumer receives a message confirming the registration and the opening of access to personal electronic cabinet. Otherwise, the user is denied registration. Not permitted to register the same email address for more than one customer profile.

5.4. When registering a consumer should be omitted deliberately false information about the legal entity, shall not create a consumer profile using automated registration systems or other means, misleading the Administration deceived about user’s own identity.

5.5. Access to Personal Account Profile (Personal Cabinet) is performed by entering the registered email address and password.

5.6. Upon expiration of the publication or removal of published information on the legal entity before the end of the publication period information archiving occurs.

6. Terms of publishing information in the directory.

To publish information consumers must comply with the following requirements and conditions:

6.1. The user must fill in the fields in the forms and questionnaires of the personal account on one of the three languages used in the catalog.

6.2. For publication in the directory it is permitted the information on legal entities that are situated only on the territory of the Republic of Bulgaria.

6.3. All information on the legal entity published in the directory must pass an obligatory moderation.

6.4. In the directory it is not allowed publication of information with paid contact telephone numbers, as well as information included in the list of banned information mentioned in Appendix 2 to these GCR.

7. Paid services. Invoices.

7.1. Publication of paid information on the legal entity or advertisements carried out upon receipt of payment, produced by the Consumer to the bank account of the Administration.

7.2. Administration issues and sends to the Customer invoices within five days of receipt of payment.

8. The rights, duties and responsibilities of consumers

8.1. Consumers do not have the right to:

1) reproduce, copy, duplicate, modify, create derivative works or adapted, whole or parts of the webdirectory BarCafe.bg, such as information, content, consumer data, technology or know-how, in whole or in part, including a version for mobile devices;

2) interfere with or deactivate whole or in part the operation of the web-directory, overload or generate disproportionately high traffic, perform actions to gain unauthorized access to the software parts corresponding computer systems, servers or networks supported by the Administration;

3) submit to publication the information that does not meet the requirements of these GCR, including Annex 2 to GCR and violates applicable law;

4) submit to publication the information (text, audio, video, images, etc.) with the sexually explicit or pornographic content or containing illegal, discriminatory, offensive, humiliating, threatening or obscene materials in nature; inciting hatred or incite violence, racist or other discriminatory actions, acts of violence and terror, cruelty to animals and other condemned the actions, which are contrary to morality and public values;

5) submit to publication the information, the contents of which violate or may violate the copyright or other intellectual property rights, the right of protection of personal data, right of publicity, right of ownership or other rights and legitimate interests of consumers directory, the Administration or third parties;

6) evade, remove, or change security features and technical means protected web directory from unauthorized access by hackers and other destructive, malicious attacks and destructive actions;

7) use, display, publish, forward, share, or otherwise make available unauthorized advertising, marketing and other materials that are not relevant to the web-directory services and is a form of search and recruitment of clients, unsolicited advertising, duplicate messages and letters;

8) violate the privacy of other consumers by collecting, storing and distributing information about other consumers or publication of their photos without their written consent except when such actions are not contrary to the legislation in force;

9) use the trademarks belonged to the Administration and violate other intellectual property rights of the Administration and its related companies, partners and owners;

8.2. The consumer must properly maintain the confidentiality of a password to access the personal account in the directory, to refrain from using the profiles of other users and by providing the profile to use by third parties.

8.3. Consumers are responsible for the content of the information submitted for publication, for sent comments and private messages, and for all their actions performed from their profiles while using the web-directory.

8.4. The consumer has the right to delete the information published by the consumer. Removal of information is carried out by the Administration after receiving written notice from the consumer.

8.5. The consumer has the right to the protection of information provided to the Administration during registration or otherwise. Protection of consumers’ information is performed by the Administration according to the present GCR and to Regulations on Data Protection (Appendix 1).

9. The rights, duties and responsibilities of the Administration

9.1. The Administration has a right to:

1) refuse publishing information that affects or may affect the commercial or other legitimate interests of the Administration, its affiliates, contractors, consumers' rights, or other significant public interest;

2) block consumer access to their profiles in the directory and / or remove the information without any notice or explanation in cases where:

a) the user violates these GCR;
b) the consumer’s actions harm the interests of other users, the Administration and/or third parties, or may harm the reputation of the web-directory;
c) the Administration has received a corresponding order of court or investigative bodies;
d) illegal actions or actions that violate security or interfere with the normal functioning of the directory have committed or there is a real danger of such actions of the consumer or a person using the profile.

3) allow or deny the creation of a new user profile, whose profile has been blocked or deleted by the Administration earlier;

4) change at the discretion the category of information published by the consumer. In this case, the Administration shall give notice of such change to the consumer. The user accepts and agrees that his information can be published in different categories, which the Administration considers more appropriate for the information to be published;

5) make changes to the directory contents and services to support the development or improvement of the quality of services, expand or reduce the range of services at any time, at its discretion, without obligation to notify consumers and explanation.

9.2. The Administration does not control and is not responsible for:

1) actions of consumers and third parties, that violates these GCR, the harm caused by inaccurate, false or misleading information received from consumers of the web-directory and third parties;

2) lawfulness, quality, accuracy or reliability of the information provided by the user for publication;

3) content published by the consumer in any form (text, audio, video files, graphics, photos, drawings, attached files, etc.), accessible, visible and sent to other consumers in the directory. In all cases, making moderation, the Administration has the right to cancel publication of the information that violates these GCR in whole or in part.

9.4. The Administration is not responsible and does not guarantee that catalog will be maintained indefinitely, and will remain unchanged.

9.5. The Administration should make every effort to provide consumers with seamless access to the directory services and maintenance, provide technical support and update, to be responsible for the quality and good customer service.

10. Confidentiality

10.1. Using the web-directory and / or having access to the profile data, the user accepts and agrees with the right of the Administration for the collection, processing and storage of data provided by users during registration and publishing information, for the proper and full use of the web catalog under these GCR and the Regulations on the Protection of information, which is an integral part of these GCR (Appendix 1).

10.2. The user agrees to receive system information and messages, which according to the Administration are useful, informative or necessary in connection with services rendered in the directory, including, but not limited to information about products and services, promotions, events, developments or technical faults in the web-directory, other information from the Administration and its partners on the email address provided by the customer during registration. The user can stop receiving the above information by sending a written refusal to the Administration.

10.3. The user agrees that any element of the content published on the information they can be used by the Administration for promotional and other purposes, but only related to the web-directory.

10.4. Users information, provided during registration or submitted for publication, remains stored in the system even after the user profile and the information are deleted.

11. Complaints. Disputes. Applicable law

11.1. In case the web- directory services not performed or not performed in accordance with these GCR, the consumer has the right to file a complaint with the Administration in electronic form, filling out a post form on the Contact page or by sending a paper document by post to the address of the Administration. Complaint should contain the user name, the electronic address specified in the registration form and the description of the subject application.

11.2. The complaint must be sent to the Administration no later than 14 days after the grounds for the complaint have come. The administration has the right to refuse to consider a complaint filed at the expiration of the aforementioned period.

11.3. The administration considers the complaint within 14 days of its receipt. Response to a complaint is sent to the email address or postal address of the customer.

11.4. The above procedure is applicable in respect of any claims from third parties, sent to the address of the Administration in connection with the web- directory. For all questions that need further clarification or are not described in these GCR, consumers can contact the Administration using the feedback form on Contact page.

11.5. In the event of disputes over issues on which no agreement was reached, the consumer may apply to the authorities of alternative resolution of consumer disputes (ADR) under the conditions and in accordance with paragraph 181a of the Law on Consumer Protection of Republic of Bulgaria. For more information on alternative resolution of consumer disputes can be found on the website of the Commission for Consumer Protection.

11.6. Issues not regulated by these GCR, shall be governed by the current Bulgarian legislation. Disputes arising in connection with the use of the web-directory, which can not be resolved through negotiations and mutual agreement or by ADR, shall be referred to the competent judicial authorities of the Republic of Bulgaria.

12. Intellectual property

12.1. The web-directory contains the texts, graphics, databases, software, which are the property of the Administration and are protected by copyright and other intellectual property rights according to the Bulgarian, European and other applicable international laws and conventions. Playback of the content from the web-directory in whole or in part can only be done with the written consent of the Administration. Copying and publishing photos, news texts, announcements and special offers available only with the obligatory reference to a web directory.

12.2. The Administration confirms that the published information on behalf of the Administration, which does not belong to its intellectual property rights, it was acquired by legal means or taken from open sources from the Internet.

12.3. Publishing information in the web-directory, users take full responsibility in case of violation of intellectual property rights in respect of the content of information published.

12.4. The Administration is not obliged to verify the presence or absence of the copyright and other intellectual property rights in respect of the content published by users.

12.5. Administration receives notifications and alerts about the violation of the above rights, sent by using the feedback form on Contact page. Only legitimate intellectual property owner whose rights may potentially be violated or his legal representative has the right to inform the Administration about the possible violation caused by publication information in the web-directory. The notification shall contain evidence of rights to intellectual property, and is considered by the Administration within 14 days of receipt.

12.6. The Administration has the right to delete the information if there is reason, doubt or received notice of violation of intellectual property rights of third parties.

13. Changes in the GCR

13.1. The Administration reserves the right to change these GCR, adopt and publish an update or a new version of the GCR. If other information is not specifically indicated, changes come into force on the day of their publication in the web-directory.

13.2. Consumers should watch and get acquainted with the latest version of GCR using the web-directory. Every usage of the directory whatever in any way will be considered as a compliance with the current version of the published GCR.

13.3. In case of refusal to accept the current version of the GCR the consumer should not use the webdirectory by any manner of means.

Appendix 1: Regulation on Data Protection
Comes into force on 10/01/2017.

1. COVERAGE AND CONSENT
This Regulation on Data Protection ( "Privacy Policy", “The Regulations”) describes the activities of the Administration in relation to the personal data collected on the web-directory where consumers participate in the activities of the web-directory, including, but not limited to registration and creation of profile , information publication, information search and viewing, exhibiting rating assessments, and writing comments to the address of other users, to the Administration and others.
In all cases, the Administration comply with procedures relating to the protection of the information received under its jurisdiction providing the web-directory services.
When using the web-directory it is considered that the consumer have read, understood and consented to the use of his information by the Administration in accordance with these GCR and these Regulations.
Consumers should be aware that when clicking on links in our web-directory, they can be redirected to other websites and applications that belong to other companies, the activities of which are not covered by these GCR and not under the Administration’s response.

2. THE INFORMATION THAT IS COLLECTED AND STORED
Profile information. When registering in the web-directory consumers indicate data about the legal entity such as name, address, phone numbers, identification number, contact names, e-mail address and password to access the profile information. This information is not intended for publication and is used exclusively by the Administration for communication with the customer and design the necessary accounting documents. In addition, as part of their user profile, consumers fill in the questionnaire form, provide photos, videos, advertisements and so on. This information is intended for publication, and the responsibility for its contents rests entirely on consumers.
Assessment rating and reviews. When setting the rating assessments and write a review of the restaurant or cafe the user can specify the name and email address for feedback opportunities. With the provision of these data, the consumer confirms his consent to the transfer the email address which was written in a review to the owner/manager of the restaurant. Administration stores the above data and reviews for the possibility of communicating with the consumer.
The feedback form on Contact page. Consumers who wish to apply to the Administration should fill out the feedback form on Contact page and enter their email address. Such data is also stored and used for feedback to the user.
Browser data, and mobile data. The Administration may automatically receive and store on its servers, data from browsers and mobile devices of consumers, such as the IP addresses of the hardware and software, data of pages search, mobile identifiers and other system information.
Advertisers’ data. Promotional messages, including text, images, media files, contact info and details of legal entities are obtained and may be stored in the web-directory according to the contractual relationship of the Administration and the advertiser.
The web-directory Administration does not collect personal information from individual users which is related to:

  • race or ethnic origin;
  • to the political, religious or philosophical beliefs;
  • membership in political parties and organizations;
  • the state of health, sex life, genetic information.

3. IP-ADRESS, COOKIES, MOBILE IDENTIFICATORS
Administration may collect certain information by using a technology called "cookies", the pixels and users’ local information storage (e.g., in a browser or device).
"Cookies" are small text files that store information on computer, mobile phone or other device. Pixels - are small images that are part of the web pages of codes that, for example, allow another server to measure the number of page views, and are often used together with the "cookies". The program keeps track of when and how a pixel is loaded on a web page to show that the consumer interacts with a particular web page or a part of it.
With the help of "cookies" the Administration may keep track of, for example, preferences and settings of a computer, mobile phone or other device of a user whose data is automatically restored when next time the user visits the web-directory. "Cookies", along with other methods used to optimize consumer actions such as, for example, the process of identifying during the next time visiting the web-directory. Permanent and temporary "cookies" are usually used. If permanent "cookies" remain on the user’s device for a long time, the temporary "cookies" are automatically deleted when the user closes the browser window.
The Administration uses the following types of "cookies":
Temporary cookies (Session cookies) - allow to track user actions on the working session of the browser. They are used for various purposes such as, for example, storing customer preferences while viewing individual pages of the web-directory. Session "cookies" act during the browser session and are not stored long-term.
Permanent cookies (Persistent cookies) - remain on user’s device in between browser sessions. They allow to record user activities for the whole web-directory. Persistent "cookies" are used to store the preferences in the selection process or interest in advertising.
"Cookies" of the first and third party (First & Third Party cookies). "Cookies" of the first part is a "cookie" of web site, which is selected by the consumer for a visit. A part of the content of the selected web site may be provided by third-party suppliers (e.g., video, or advertising). Third parties may also use "cookies" on the selected website. These "cookies" are called "third-party cookies." Suppliers - third parties are responsible for the fulfillment of the applicable requirements of the applicable laws and regulations of their own use of "cookies".
The Administration may allow a third party which is an advertisement or analytical data supplier, collect information using these technologies in the web-directory. In this case, the collected data is a subject to the rules and confidentiality provisions adopted by third parties.

4. USING OF INFORMATION
In the process of the web-directory operation, the Administration may use the collected and stored information for the following purposes:

  • to provide services to consumers, including creation and management of consumer profiles, to resolve technical problems and activation of functions;
  • to personalize offers and functions, including advertising of our features and features of third parties;
  • to monitor the total and individual consumers’ activities, such as, for example, a search for specific keywords, publication, writing reviews, and manage web directory traffic;
  • for customer feedback on all issues, including issues related to quality of service, customer care, sending marketing messages through all available communication channels;
  • for study, research and analysis of consumers’ activity needed to improve the quality of services;
  • for the application of these GCR in cases of violations or abuses.
    Administration keeps the information collected only for the above purposes.

5. EXCHANGE OF INFORMATION
Administration may share the collected information with other companies, including those located in other countries that belong to the group of companies of the same owner.
These companies can handle and use the received information only to assist the Administration in achieving the above objectives, and must act in accordance with these GCR and the Privacy Policy.
The Administration may use third party service providers to assist in the advertising or promotion of the web-directory services. In these cases, services providers are not permitted to use consumer information, which is subject to this Privacy Policy statements.
The Administration reserves the right to share information with private or public bodies that assist it in combating violations and abuses in the web-directory, the investigation of alleged violations of the law or these GCR.
The Administration does not share, change or sell the customer’s information to third parties without the customer's permission. In the case of reorganization, sale or division of the business and the transfer of assets, customer information will be transferred to the new owner for uninterrupted provision of the web-directory services.
The Administration may share a certain non-identifying data that do not disclose the personal information of individual users with service providers, trusted partners, approved research organizations to determine the content of advertising or services that may be of interest to consumers, to improve the quality and efficiency of services, for research consumer preferences and behaviors that bring significant social benefits.

6. THE CONTROL FUNCTION AVAILABLE TO CONSUMERS
Ability to edit and delete the information. Consumers who have created a consumer profile have the option to edit or delete the information provided for publication. Changing information or its complete removal is done after receiving the request sent to the Administration via feedback on Contact page. The consumer is responsible for the accuracy and relevance of the information published in the web directory.
Blocking "cookies". Popular, often-used web browsers, such as, for example, Safari, Firefox, Internet Explorer, Chrome, Opera, allow to limit or disable the setting "cookies" on consumer system. The Administration drew the attention of consumers that deactivation of "cookies" in the browser may in certain cases impair the functionality of visited websites.

7. SECURITY
All information that is collected and stored in the web-directory protected by technical means and security procedures to prevent unauthorized access and use of data. All branches, partners and service providers manage information with compliance with these requirements of security and privacy. These measures correspond to modern technological requirements and provide the level of protection needed to withstand the risks associated with the processing of data that need to be protected.

8. CHANGES TO THESE REGULATIONS
The latest version of this Privacy Policy enacted on 01.10.2017. Administration may make changes to these rules from time to time. If the consumer continues to use web directory after this date, it means that he accepts and agrees with the latest changes in the present Regulations. Any changes in these Regulations will be published in the web-directory before the introduction of a new version of the Regulations in force.

9. FEEDBACK
If consumers have questions, comments or suggestions related to this Privacy Policy, they can communicate with the Administration via the feedback form on Contact page.

Appendix 2. List of information prohibited for publication.

It is prohibited to publish in the web-directory information that contains or refers to one or more of the following categories:
Information with the content, calling for the spread of violence or hatred;
Information with the content depicting swastikas and Nazi symbols;
Information with the content of profanity;
Information with the content defaming the name and reputation of third parties;
Information with the content of erotic and pornographic nature;
Information with the content promoting or offering to sell:

  • erotic goods, sexual, medical supplies;
  • chemicals dangerous to human life, animals or environmental;
  • psychotropic and narcotic substances;
  • music, video, audio, film, works of art that violate other people's copyrights or other intellectual property rights;
  • explosives and pyrotechnic materials;
  • firearms, their parts and ammunition;
  • services of credit institutions, if they are not financial institutions, registered the Bulgarian National Bank;
  • personal data or lists of email addresses;
  • software containing viruses and malicious elements;
  • software that allows you to collect users' information without their consent;
  • software that blocks any user device;
  • software that allows you to generate e-mail addresses to send spam.
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