Protection of customer personal data at O2 Czech Republic a.s.
O2 Czech Republic a.s. (hereinafter referred to as " Telefónica") would like to provide you with more details about the processing of your personal data in connection with the provision of electronic communication services and value-added services. Please, read carefully this document as well as the General Terms and Conditions, the Operating Conditions and other documents relating to the given service. These documents are available in all points of sale and on the web site. You should also watch for all documents and materials periodically published by our corporation.
The processing of your personal data by Telefónica is regulated by the Electronic Communication Act no. 127/2005 of Coll. including amendments, the Personal Data Protection Act no. 101/2000 of Coll., including amendments, the Act no. 480/2004 of Coll., on some information society services including amendments and other relevant legal rules and regulations. You are encouraged to pay adequate attention to the aforementioned instructions. Telefónica protects all data with maximum care corresponding with the technical standards of the tools and devices in place.
Telefónica collects and further processes personal, identification, traffic and localisation data of all subscribers, authorised subscriber representatives and users.
Personal and identification data means namely: degree, name, surname, address, birth number / identifier, date of birth, trading company, name, registered office, business location, identification number/code etc. as well as relevant information regarding payment history, bank etc.
Traffic data means any type of data that is processed to be transferred in the form of message via the electronic communication networks or for the billing of messages (voice calls, data transfers, short text messages and other services provided by the company), namely calling party number (A-number) and called party number (B-number), date, time, call duration, type of provided service etc.
Localisation data means any type of data processed in the electronic communication networks which specifies the geographical location of the customer premises equipment (hardware), in particular the number, name and place of the network’s point of termination etc.
Personal, identification, traffic and localisation data of all subscribers, authorised subscriber representatives and users will be further referred to as “Data”.
Processing of personal data
The data is collected and processed by Telefónica, its trading partners and other entities manually or electronically for purposes arising from relevant legal rules and regulations and in order to assure and protect the networks, to deliver services and payment transactions including associated operating activities, to ensure billing of services and payment transactions and to take steps relating to the above in an extent and for a period needed for the fulfilment of the above purposes at the maximum within the effective period of the Contract or till the full settlement of all rights and duties from the Contract or for an agreed period of time or time stipulated by relevant legal rules and regulations.
Obligatory data includes in the case of business legal entity: trading company or name, registered office or office of an organisation unit in the Czech Republic and identification number/code (if assigned), name, surname and resident address of a person authorised to act on behalf of the entity; in the case of natural entity doing business: name, surname and/or trading company, address, business location and identification number/code if assigned and in the case of non-business natural entity name surname address, date of birth and birth number (if assigned).
Without this data the signature or performance of the contract for the provision of electronic communication services is not possible unless the service in question is a prepaid service. All applicants who are the payers of the value-added tax must specify the DIC (tax identification code). All other personal data supplied by You to Telefónica or its partners is regarded as voluntary. The data is delivered in particular by means of the “Application for the Provision of Electronic Communication Service”, deemed as a draft for the signing of an agreement between You and Telefónica as well as by means of other materials, forms and documents signed with us or sent to us by phone or by e-mail during the contract period.
As a customer, you also agree that Telefónica may, in compliance with the applicable rules and regulations, provide the Data needed for the provision of services to persons assuring or authorised to assure the public communication network or the dedicated infrastructure in order to ensure connection and access to the network, to conduct mutual settlement and to protect the networks and services from fraud and abuse during the aforementioned period of time. Being a customer, you also agree that Telefónica may provide the Data in an extent, for purposes and in a period of time defined above to people representing Telefónica or are authorised to protect its interests and/or participate in the development, offering, adjustment, provision and operation of services, payment transactions, value-added services including related services or in the operation and maintenance of systems used for the provision of the services to relevant data entities. In other words, this includes organisations that are instrumental in the delivery of best-of-the-class services tailor-made individually for each customer.
The treatment of your data by Telefónica, unless otherwise stipulated by law, is governed by the General Terms and Conditions. TO2 ensures adequate protection and, except for cases set forth or enabled by law or agreed with You, shall not disclose the data to a third party. Being a customer, you also agree that Telefónica may supply the Data - including your birth number and details regarding the extent and nature of your failure to meet the contract conditions (i.e. to pay, correctly and in time, for the delivered service) and the payment history - to people who maintain the data register of subscribers and other persons in order to check and review the payment discipline and credibility of each customer, namely the “SOLUS” association (identification code 69346925) having the right to disclose the Data to authorised personnel competent to look into the register (www.solus.cz), solely for subscribers who fail to pay the relevant amount to Telefónica by the due date. This right comes into force as from the effective date of the “Contract for the Provision of Electronic Communication Services”. It also applies to a period of 3 (three) consecutive years from your last payment to Telefónica. By processing Your Data in the Solus register, we make sure that the Data is protected from unauthorised access or fraud.
Telefónica or its partners processed the data also for what we call marketing purposes aimed at providing you with the best information about our services. The data is processed and grouped by the category to be used for the offering of the company’s products and services, third-party products and services, value-added services, for marketing and commercial (sales) purposes and for the purposes agreed with you in an extent delivered by you to Telefónica or based on the character of the service/s or in an extent in which the Data was acquired by Telefónica during the provision of service/s or other related services if necessary for the meeting of the above purposes. The Data is processed by Telefónica for a time period specified on a relevant form, document or other media. If the duration of processing period is not specified it means that it is equal to the duration of the contract or until the full settlement of all rights and duties arising from this contract or as stipulated by relevant legal rules and regulations or in compliance with these or a period agreed with you. By signing the “Application for the Provision of Electronic Communication Services” and the acceptance of the “General Terms and Conditions” you clearly demonstrate your approval with the processing of your Data by Telefónica or its partners or commercial representatives. Telefónica has the right to define the form of approval. This form may differ based on the type of approval. It may include signature on a relevant form or another document or the use of a service, the sending of a short SMS, e-mail delivery, completion of a registration form on the Telefónica web site or a similar method always communicated to the customer. If you withdraw your approval with the processing of Data and take the above step (approve the processing) this will be deemed as your re-approval of the aforesaid processing. This re-approval with the processing of your Data also applies to Data acquired during a period in which the approval did not exist unless otherwise stipulated by law. In addition, the Customer agrees that Telefónica may, until revoked, continue processing name, surname, address of data entity and other contact data (including telephone number and e-mail) for purposes stated herein also after the settlement of all rights and duties arising from this contract for the purposes of offering products and services.
In order to contact you in most efficient manner with our new propositions and information relating to our current products and services, as well as propositions and information of other entities you agree that we will use your mail address, e-mail address and telephone number and/or automated call device, fax or other similar tool including telemarketing. Such propositions and information are designated “OS” (commercial message).
Based on your approval, Telefónica will publish our telephone number in the public telephone directory or in an electronic form including your name, surname, address and telephone number and/or trading company, registered office or business location, your e-mail address and/or other agreed data and information stressing that you do not wish to be contacted for the purposes of marketing. This data will also be available for questions through the information services of Telefónica.
Solely in order to acquire evidence of an executed transaction, to conduct an internal audit of the provided services (quality improvement and employee training) and also to protect the rights of Telefónica, Teléfonica O2 may monitor the message/s and the related data you exchange with or transfer to TO2 point of contact (in Telefónica office or by means of public electronic communication service). Monitoring means namely recording of calls, voice and data.
For a correct functionality of the web site, the improvement of user experience and measurements of the usage of the web site, O2 is using the technology called “cookies”. Cookies are tiny files stored on a PC or another device of a visitor to our web site enabling access to the internet such as the smartphone or tablet (hereinafter “device”). This method is used for the majority of web sites. On the web site of O2 we use two types of cookie files: “relation cookie” and “permanent cookie”. Relation cookies will always be deleted once the visitor leaves our web site while permanent cookies remain stored in the device until deleted by the visitor. Cookie files do not identify you as an individual; all data is collected and aggregated anonymously. O2 web site may contain elements of third parties directly supporting our advertising activities or the development of our web site. These elements make it possible - using the cookies technology - sharing of anonymous information about the habits / behaviour of users visiting specific third-party web sites. The visitor to the O2 web site agrees with the application of the cookie technology. The application of cookies can be prohibited in the setting of the internet search engine, however, this may impact the functionality of some features or sections of the O2 web site (incorrect functionality or unavailability of features). The steps to change the setting of cookies are described in the instructions / user guide in the help section of your device.
You also may withdraw your approval with the processing of your Data for marketing and commercial purposes or for the publication in the telephone directory. If you do so, Telefónica will no longer be able to prepare a tailor-made offer for you and it will be difficult for you to acquire some service information. You can make the withdrawal at any time by an explicit, clear and certain show of will (such as by registered letter, call to customer line etc.) following your correct identification. You can refuse the service by ticking the correct box on the “Application for the Provision of Electronic Communication Services” form. If you disagree with the processing of your Data for marketing and other purposes you should tick “no”. If you have already given approval you can withdraw the approval in a manner set above. You may also show your disapproval with some of the TO2 methods of contacting customers with its own offers or partner offers. Once the approval is withdrawn, Telefónica and/or a third party will not continue processing Data received after the withdrawal and Data received before the withdrawal waiting to be processed. Being a customer, when using value added services you may temporarily refuse the processing of localisation data for each call or transfer of message in a way stipulated by Telefónica. Being a customer, you also may refuse the using of your electronic contact also with each individual message. Processing of data defined by law cannot be refused.
Access to personal information
Should any of your personal Data given to us change, please, let us know as soon as possible so that we can maintain all your Data up to date. In the case some of the Data processed by Telefónica is incorrect you may correct it. You are also entitled to be informed of all your personal Data that is processed by Telefónica (by TO2 itself or through the above people) in an extent and under terms and conditions set forth in the Personal Data Protection Act, §12.
Rights of data entity
If you find out or feel that the processing of Your Data by Telefónica or some of its business partners is in conflict with the protection of your private life or violates the law, especially due to inaccurate data with respect to the purpose of processing you may ask Telefónica or its business partner/s for explanation and claim for remedy from Telefónica or its business partner/s. This can include barring, correction, addition or elimination of inaccurate Data. If your claim is recognized as legitimate Telefónica or its business partner/s will promptly deliver remedy. If not, you can escalate your claim to the Office for the Protection of Personal Data. You can contact this office also for other cases directly. The rest of your rights is defined in § 21 and the Personal Data Protection Act. The elimination or correction of Data will be executed within a reasonable period of time adequate to the company’s technical and administrative capacities.