DECLARATION OF REPRESENTATION AND CONSENT
(“Declaration”)
This Declaration forms an integral part of the contractual relationship governed by the InTouch Terms and Conditions (“Terms”), concluded between you, the individual procuring the InTouch Services ("You") and AI Touch s.r.o., a company with its registered office at Podolská 401/50, Podolí, 147 00 Praha 4, Czech Republic, ID No. 216 68 736, registered in the Commercial Register maintained by the Municipal Court in Prague under file no. C 404829 ("AI Touch").
By submitting this Declaration, You hereby make the following representations and give binding consent and authorisation on behalf of the End Customer:
- You have the power, capacity and authority to represent the End Customer
You declare that You are procuring the InTouch Services on behalf of an individual other than Yourself (the “End Customer”), whose telephone number was provided by You at the time of registration.
You represent and warrant that You have full legal power, capacity and authority to act on behalf of the End Customer in all matters relating to the InTouch Services. This includes the authority to bind the End Customer to the Terms and consent to the processing of their personal data in accordance with applicable data protection legislation, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council (“GDPR”).
You undertake to provide AI Touch upon request with appropriate written evidence of Your authorisation to act on behalf of the End Customer. You acknowledge that failure to do so may result in the immediate suspension or termination of the Services, in accordance with the Terms and Conditions.
- You bind the End Customer to the InTouch Terms and Conditions
By submitting this Declaration, You are hereby agreeing to the Terms on behalf of the End Customer. This includes, without limitation, all provisions of the Terms which, by their nature, express language or context, apply to the End Customer, including provisions concerning the use of the Services, limitations of liability and disclaimers. This declaration does not affect Your own obligations under the Terms, which remain binding upon You as the contracting party.
You further represent and warrant that the End Customer has been duly informed of the existence and contents of the Terms and has had a genuine opportunity to review and understand them, either directly or through an appropriate explanation provided by You.
- You consent to the processing of End Customer’s personal data on their behalf
You hereby consent, on behalf of the End Customer, to the processing of the End Customer’s personal data, to the extent described below, pursuant to Article 6(1)(a) and, where applicable, Article 9(2)(a) of the GDPR.
You agree, on behalf of the End Customer, that AI Touch may as a data controller process the following categories of personal data for the purposes described herein: (i) identification data (such as name, age group, language preferences and time zone); (ii) contact data (specifically the telephone number to which the calls will be placed); (iii) conversational content (including any information voluntarily shared by the End Customer during the calls); (iv) information about the End Customer provided by You during registration; (v) outputs generated by the Services, such as transcripts, summaries and mood analyses; and (vi) technical metadata related to the calls. Conversational content may include special categories of personal data (sensitive data) but only if the End Customer elects to include shared them during the calls.
You consent, on behalf of the End Customer, to AI Touch processing the personal data listed above to provide the End Customer with the Services, which include initiating calls to the End Customer, recording their conversations, transcribing the conversations, analysing the transcripts to assess emotional or psychological well-being of the End Customers, generating conversation summaries and sharing them and the mood analyses with You and, where applicable, other authorised users (Trusted Relatives).
The End Customer’s consent to the processing of personal data may be withdrawn at any time, without affecting the lawfulness of processing based on consent before its withdrawal. In the event the End Customer withdraws consent to the processing of their personal data for the purposes of providing the Services, the Services shall be suspended and deactivated.
Consent may be withdrawn by contacting AI Touch at contact@intouch.family, by sending an SMS or by calling +420 602 603 187.
You confirm that the End Customer has been provided with, or has had access to, all mandatory information required under Articles 13 and 14 of the GDPR, as set out in the InTouch Privacy Policy, including the identity of the controller, the nature and purposes of the Services, the categories of personal data processed, and the rights available to data subjects, including the rights of access, rectification, erasure, and the right to withdraw consent.
- You acknowledge certain disclaimers and limitations of the Services on behalf of the End Customer
You confirm that You have informed the End Customer of the disclaimers set out in the Terms, and You acknowledge and accept these disclaimers on their behalf.
You hereby acknowledge on End Customer’s behalf, that the Services do not constitute and are not intended to constitute medical, psychological, legal, financial, tax or other professional advice, diagnosis or services. If the End Customer needs support in these areas, You have informed and instructed them to contact a qualified professional.
You further acknowledge, on behalf of the End Customer, that the AI-generated content and outputs, including but not limited to conversational responses, summaries, emotional insights or recommendations, may be inaccurate, incomplete, biased, outdated or otherwise inappropriate, and that they should not be relied upon for any decision-making, particularly in areas involving health, finance or legal matters.
- Final Provisions
You confirm that You have read, understood and accepted this Declaration in its entirety, and that all representations and consents made herein are true, accurate and made voluntarily with full legal effect.
You acknowledge that AI Touch is relying on this declaration to commence provision of the Services to the End Customer, and you accept full legal responsibility for the lawfulness, validity and accuracy of this consent. You agree to indemnify AI Touch for any claims, costs, penalties or damages arising from any breach of this Declaration or from any misrepresentation as to the scope of your authority to act on behalf of the End Customer.
You undertake to notify AI Touch without undue delay in the event that the End Customer no longer wishes to receive the Services or withdraws consent to the processing of their personal data.
This Declaration shall be governed by the laws of the Czech Republic, and any disputes arising in connection herewith shall be subject to the exclusive jurisdiction of the courts of the Czech Republic.