EU Privacy Policy

EEA PRIVACY NOTICE

Introduction

This privacy notice applies to TCCM s.r.o. ID: 27901084, seated at Jindřišská 937/16, Nové Město, 110 00 Praha 1, Czech Republic, kept by Municipal court in Prague, file number C 125246 (hereunder as “TCCM,” “we” or “us”) websites located and operated by TCCM entities located in a country within the European Economic Area (EEA).

TCCM respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data when you visit website (regardless of where you visit it from) or when you provide your data to us to enable us to carry out services or sell goods to you or where your data may be transferred to us by our customers for us to carry out services for them. This privacy notice tells you about your privacy rights and how the law protects you.

This privacy notice is provided in a layered format, so you can click through to the specific areas set out below. Please also use the Glossary to understand the meaning of some of the terms used in this privacy notice.

01.  IMPORTANT INFORMATION

02.  THE DATA WE COLLECT ABOUT YOU

03.  HOW IS YOUR PERSONAL DATA COLLECTED

04.  HOW WE USE YOUR PERSONAL DATA

05.  DISCLOSURES OF YOUR PERSONAL DATA

06.  INTERNATIONAL TRANSFERS

07.  DATA SECURITY

08.  DATA RETENTION

09.  YOUR LEGAL RIGHTS

10.  GLOSSARY

01. Important information

Purpose of this privacy notice

We know how important privacy is to our customers, and we strive to be clear about how we collect, use, disclose, transfer, and store your personal information. This privacy notice aims to give you information on how TCCM collects and processes your personal data through your use of this website, including any data you may provide through this website or otherwise when you sign up to our newsletter, purchase a product or service or take part in a competition or where we are asked to process personal information on behalf of one of our commercial customers.

This website is not intended for children and we do not knowingly collect data relating to children.

It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.

Controller

TCCM is made up of different legal entities, details of which can be found here https://tccm.com/. This privacy notice is issued on behalf of the TCCM entities located in a country in the EEA so when we mention “TCCM”, “we”, “us” or “our” in this privacy notice, we are referring to the relevant company in the TCCM responsible for processing your data. If required, we will let you know which entity will be the controller for your data when you purchase a product or service with us. TCCM s.r.o. is the controller and responsible for this website.

We have a dedicated team responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact us here: gdpr@tccm.com

You have the right to make a complaint at any time to the relevant supervisory authority for data protection. A list of EU Data Protection Authorities can be found here http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm. We would, however, appreciate the chance to deal with your concerns before you approach a Data Protection Authority, so please contact us in the first instance.

Changes to the privacy notice and your duty to inform us of changes

This version was last updated on 21 December 2018.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Third-party links

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

02. The data we may collect about you

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:

• Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
• Usage Data includes information about how you use our website, products and services.
• Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

03. How is your personal data collected?

We use different methods to collect data from and about you including through:

• Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you and where relevant:
• apply for our products or services;
• Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:
• Technical Data from the following parties:
  – analytics providers
  – advertising network
  – search information providers
  – Our commercial customers when we are engaged to provide goods or services to such customers and where this involves processing to personal data provided by the Customer.
• Contact, Financial and Transaction Data from providers of technical, payment and delivery services.
• Identity and Contact Data from data brokers or aggregators.
• Identity and Contact Data from publicly availably sources.
• Identity and Contact Data from specialist data bases to verify if a mobile device has been lost or stolen or IMEI data base searches.
•  

04. How we use your personal data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

• Where we need to perform the contract we are about to enter into or have entered into with you.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
• Where we need to comply with a legal or regulatory obligation.

Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us at gdpr@tccm.com.

Purposes for which we will use your personal data

We have set out below a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us at gdpr@tccm.com if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below. Please see below purposes of using your personal data. If you have not provided your personal data for any of the specific purposes listed then we will not use it for that particular purpose.

Purpose/Activity

Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established the following personal data control mechanisms:

Promotional offers from us

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you or our commercial customers (we call this marketing).

You will receive marketing communications from us if you have requested information from us or purchased goods or services from us or if you provided us with your details when you entered a competition or registered for a promotion and, in each case, you have not opted out of receiving that marketing.

We may also use the data we hold about you to invite you to events that may be relevant or of interest to you and your business.

Third-party marketing

We will get your express opt-in consent before we share your personal data with any company outside the TCCM for marketing purposes.

Opting out

You can ask us or third parties to stop sending you marketing messages at any time by contacting us at gdpr@tccm.com at any time.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions which are necessary to provide you performance of the contract or other contractual obligations.

Data processing:

TCCM may receive Personal data from its commercial customers as part of the services it provides to those customers. In such a case it would normally be the customer that is the data controller and TCCM is the data processor. We will not use that personal data for any purpose other than the fulfilment of our contractual obligations to that customer or in accordance with the customers instructions. Your data is controlled by such customers.

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us at gdpr@tccm.com.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

05. Disclosures of your personal data

We may have to share your personal data with the parties set out below for the purposes set out in this privacy notice.

• Internal Third Parties as set out in the Glossary.
• External Third Parties as set out in the Glossary.
• Specific third parties listed in the table in paragraph 3 above.
• Our commercial customers in fulfilment of our contractual obligations to them.
• Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

Our Services make use of social network plugins (“Plugins”). When you use a service that contains Plugins, information may be directly transferred from your device to the operator of the social network. We have no influence on the data gathered by the Plugin. If you are logged into the social network, your use of our Service can be referenced to your social network account. If you interact with the Plugins, for example by clicking “Like”, “Follow”, or “Share”, or enter a comment, the information may automatically show in your social network profile. Even if you are not logged into your social network account, it may be possible that the Plugins transmit your IP address to the social network operators. Please consider this when using our Services.

For information about the social network operators of the Plugins used in our Services (“Operators”) please see below:

Facebook Data controller: Facebook Ireland Limited, Hanover Reach, 5–7 Hanover Quay, 2 Dublin, Ireland (“Facebook”). For further information you may visit Facebook’s privacy policy website at https://www.facebook.com/about/privacy/.

LinkedIn Data controller: LinkedIn Ireland, Gardner House, Wilton Place, Wilton Plaza, Dublin 2, Ireland (“LinkedIn”). For further information you may visit LinkedIn’s privacy policy website at http://www.linkedin.com/legal/privacy-policy?trk=hb_ft_priv.

Twitter Data controller: Twitter, Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA (“Twitter”). For further information you may visit Twitter’s privacy policy website at https://twitter.com/privacy.

06. International transfers

We share your personal data within the TCCM. This will involve transferring your data outside the European Economic Area (EEA).

Many of our external third parties are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.

Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

• We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries; or
• Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries; or
• Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US. For further details, see European Commission: EU-US Privacy Shield.

Please contact us at gdpr@tccm.com if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

07. Data security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

08. Data retention

How long will you use my personal data for?

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax and other regulatory purposes.

In some circumstances you can ask us to delete your data: see Request erasure below for further information.

In some circumstances we may anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

09. Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data.:

• Request access to your personal data.
• Request correction of your personal data.
• Request erasure of your personal data.
• Object to processing of your personal data.
• Request restriction of processing your personal data.
• Request transfer of your personal data.
• Right to withdraw consent.

If you wish to exercise any of the rights set out above, please contact us at gdpr@tccm.com. For more information on these rights please see the glossary below

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

10. Glossary

LAWFUL BASIS

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us at gdpr@tccm.com.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

THIRD PARTIES

Internal Third Parties

Other companies among TCCM acting as joint controllers or processors and who are based in another EEA country and provide IT and system administration services and undertake leadership reporting.

External Third Parties

• Service providers acting as processors based in the US who provide IT and system administration services.
• Professional advisers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.
• HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the Czech Republic or relevant EEA country who require reporting of processing activities in certain circumstances.

YOUR LEGAL RIGHTS

You have the right to:

• Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
• Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
• Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
• Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
• Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
• Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
• Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.