Personal data controller:
AVANTRO s.r.o., with registered office at Thámova 137/16, 18600 Praha 8,
Registration No: 04997476,
VAT ID: CZ04997476,
registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File No. 256795
Contact details of personal data controller:
Delivery address: AVANTRO s.r.o., Thámova 137/16, 18600
Contact e-mail: [email protected] (on business days from 9:30 a.m. to 5:00 p.m.)
Personal data protection is very important to us. Please get familiar with the Policy which contains important information regarding the usage of your personal data, related rights and obligations. This Policy is an integral part of our Terms and Conditions, and by agreeing to these Terms and Conditions, you agree also with this Policy.
1. GENERAL PROVISIONS
1.1. What governs our relationship when dealing with personal data?
Dealing with personal data is governed by the legal order of the Czech Republic and directly applicable regulations of the European Union, more particularly the Regulation (EU) no. 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation; hereinafter referred to as the “Regulation“), Act no. 110/2019 Sb., on processing of personal data and Act no. 480/2004 Sb. on certain information society services, and on amendment to some acts, as amended.
1.2. What personal data do we collect?
Personal data means any information relating to an identified or identifiable natural person. Personal data includes particularly (but not exclusively):
- Identification data, such as the name and surname, identification number, VAT number, birth number, username of an account;
- Contact data, such as the address of residence (or service address), phone number, e-mail address;
- Other information, such as information collected via cookies, IP address (network identifier) including the type of the web browser, the device and operating system, duration and number of accesses to the website and corresponding information.
2. COLLECTING AND USING PERSONAL DATA
2.1. How do we collect your personal data?
You provide us with your personal data particularly by completing your registration within the website, by filling a contact form or ordering, negotiating or providing our services. Please inform us if there is any change of your personal data.
Some personal data can be collected and saved via cookies during your visit on the website. You can read more about cookies in the Article 5 of the Policy.
2.2. On which basis and for which purposes do we process your personal data?
- We may collect and process personal data insert while you are inquiring (particularly by filling a contact form), ordering or negotiating our services without your explicit consent solely for the purpose of performance of the contract, which means in order to provide the services. We can further process the data in order to comply with our other obligations imposed by the law (particularly record-keeping obligations, archiving of invoices, etc.) and for purpose of protection of our legal claims.
- We may collect and process information provided within registration without your explicit consent solely for the purpose of the access, administration and management of a user account.
- We are entitled to use your e-mail address without your explicit consent for the purpose of sending commercial communications regarding our services similar to those you have ordered. You can refuse sending of these commercial communications at any time.
- After your consent via confirmation on the website, we may process your personal data inserted while ordering services or within registration in order to send the commercial communications and direct marketing, eventually for additional reasons to which you have explicitly consented. If you are under the age of 15, the consent of your legal representative is necessary. In case of any doubt, we may request the confirmation of your age.
- If we process personal data collected via cookies, we do so on the basis of your consent (which you give us in applicable Settings of your Internet browser), on the basis of our legitimate interest or for the purpose of performance of the contract (mainly in case of the first-party cookies). If you continue to use the website after you have been reminded of processing the personal data, we are entitled to process these personal data. We use data collected via cookies for the purpose of the user support, improvement of our services including analysis of the user's behaviour and marketing.
We will ask for your consent before using data for a purpose other than those that are set out above.
2.3. For how long do we use your personal data?
We use the personal data insert by inquiring, ordering, negotiating and performing of our services, or within registration on the website, solely for the period necessary to fulfil the contract and obligations imposed by the law, respectively for the protection of our legal claims.
As long as you provide your explicit consent to process your personal data or if we use your e-mail address for the purpose of sending commercial communications, the data will be used for the time our website through which we provide services similar to those we have already provided, is functioning, eventually for the time stated in the consent.
3. YOUR RIGHTS IN RELATION TO PERSONAL DATA
3.1. Right to withdraw your consent
If we process your personal data solely based on your consent (i.e. without any other legal purpose), you may decide to withdraw your consent at any time.
The withdrawal of your consent to process personal data is possible at any time, in particular by sending an e-mail to our contact e-mail address.
Withdrawal of your consent does not affect the legality of personal data processing that was performed before such withdrawal.
3.2. Right of access by the data subject
You have the right to be informed about processing of your data and eventually to access your personal data, in particular to get the following information:
- the purpose of processing;
- the category of processed personal data;
- the recipient or category of recipients to whom will be the personal data accessible;
- the envisaged period for which the personal data will be stored.
We will provide you with the copy of your personal data at your request. In case you ask for some further copies, we may request reasonable compensation not exceeding necessary costs for providing the information about processing of your personal data.
3.3. Right to rectification
You have the right to request an imminent rectification of your incorrect or inaccurate data, i.e. rectification of incorrect data or/and complement of inaccurate data.
3.4. Right to object to processing
You have the right to object to the processing of your personal data at any time, if we process the data for the purpose of the direct marketing including any automatic process of your personal data. Your objection will result in the cease of your personal data processing for such purposes.
3.5. Right to erasure (“right to be forgotten“)
You have the right to request the erasure of your personal data if:
- the personal data are no long necessary in relation to the purposes for which the data was collected or otherwise processed;
- you decided to withdraw your consent with processing;
- you objected to the processing of your personal data;
- the personal data were processed illegally.
If there are no legal reasons for the refusal to erasure, we must comply with your request.
3.6. Right to restriction of processing
You have the right to request the restriction of processing of your personal data if:
- the accuracy of the data is contested;
- the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;
- we no longer need your personal data for the purpose of processing, but they are required by the data subject for the establishment, exercise or defence of legal claims;
- you object to processing.
When the processing is restricted, we are only entitled to save your personal data; further processing is possible solely with your consent or for legal purposes.
If the processing of the personal data is restricted for reason of your objection to processing, the restriction lasts for the time necessary to find out, whether we are obliged to comply with the objection.
If the processing of the personal data is restricted for reason of accuracy contestation of your personal data, the restriction shall last for the time of the accuracy verification.
3.7. Right to data portability
You have the right to collect the personal data you have provided us with, in the structured, commonly used and machine-readable format and to transmit these data to another personal data controller.
3.8. How can you exercise your rights?
You can exercise your rights in relation with personal data via our contact details. You will be provided with all the information and actions without undue delay.
When protecting your personal data, we will accommodate your needs as much as we can. However, if you are not satisfied with the arrangement, you have the right to contact relevant authorities, particularly The Office for Personal Data Protection (in Czech: Úřad pro ochranu osobních údajů; http://www.uoou.cz) which applies supervision of personal data protection. This provision does not affect your right to present your incentive directly before The Office for Personal Data Protection.
If particularly your residence, the place of work or the place of alleged infringement of personal data protection is located beyond the territory of the Czech Republic, in another state of European Union, you can contact relevant authorities in this member state.
4. USAGE AND PROCESSING OF PERSONAL DATA
4.1. Who processes your personal data?
We are the controller of your personal data in the meaning of the Regulation.
When necessary for performance of the contract or to comply with our obligations, we may transfer your personal data to another subject, for example to providers of the servers, cloud storage or tools necessary for the operation of services, administrators of e-mail campaigns, providers of IT support for the web interface and our services, external accountants or other persons involved in fulfilling the contract or our obligations. We may delegate also other processors and recipients of personal data. At your request, we will inform you about concrete processor of your data.
Your personal data will not be transferred to a state beyond the territory of the European Union, unless it is necessary for the performance of the contract or for another reason which is in compliance with the rules stipulated by the Regulation.
4.2. How do we process personal data?
Personal and other collected data are highly protected against any misuse. Personal data will be processed electronically in an automated manner or printed in a non-automated manner.
5. THE COOKIE FILES
5.1. What are the cookies?
The cookie files or so-called “cookies” are text files, saved on a computer or another electronic device of every visitor of the website, which allow an analysis of a manner of using the website.
When refusing cookies, it might happen that you will not be able to fully use all the functions of the website.
5.2. Which cookies does the website use?
The website uses relational (temporary) cookies which are automatically erased after leaving the website. Furthermore, it uses permanent cookies, which remain in your device until they expire or you delete it.
The website uses:
- first-party cookies – these cookies are assigned to the domain of our website; these are necessary cookies and performance cookies, which we use even before conclusion of the contract for the purpose of performance of the contract, on the basis of our legitimate interests or on the basis of your consent. They can be temporary or permanent.
session cookies – allow navigation on the website and the use of basic functions, these cookies do not collect personal data, i.e. they usually do not identify you;
analytical cookies – serve for the analysis of the way of using website (the number of visits, duration of time spent on the website etc.), the data collected by these cookies are usually anonymous;
- third party cookies – these cookies are assigned to the domain other than our domain; these cookies allow us with your consent especially to analyse our website and display an advertisement tailored for you; they can be functional or targeted and advertising;
functional cookies – serve to personalization of the content via storing of logging data; geolocation etc.; it is possible to collect and process personal data via these cookies;
targeted and advertising cookies – serve to display targeted advertisement in the website and outside the website; it is possible to collect and process personal data via these cookies. We may share information about the manner you use our website with our partners in the field of social networks, advertising and analysis.
5.3. Services which operate with cookies
The website uses the service of Google Analytics and, when necessary, other services provided by Google, Inc (hereinafter referred to as “Google“). These services operate with data collected via cookies.
The Service of Google Analytics is used to collect statistics about your use of the mobile application. The cookies obtained by this service will expire depending on your settings, at most after 2 years or until they are manually deleted by the user.
Service of Google Ads is used to identify you within the Google advertising network and re-target your ad (retargeting and remarketing). The cookies obtained by this service will expire depending on your settings, at most after 18 months or until they are manually deleted by the user.
If you are interested in how Google uses the data collected by us and how to regulate or prohibit processing, you can find this information by clicking on the following link: How Google uses data when you use websites or apps of our partners. ODKAZ
5.4. How to set up and reject the processing of cookies
Instructions on how to properly set up and manage the processing of cookies in your internet browser are available here:
Google Chrome - https://support.google.com/accounts/answer/61416?hl=cs
Internet Explorer - https://support.microsoft.com/cs-cz/help/17442/windows-internet-explorer-delete-manage-cookies
Microsoft Edge - https://support.microsoft.com/cs-cz/help/4468242/microsoft-edge-browsing-data-and-privacy-microsoft-privacy
Mozilla Firefox - https://support.mozilla.org/cs/kb/vymazani-cookies-dat-stranek?redirectlocale=cs&redirectslug=vymazani-cookies
Opera - https://help.opera.com/cs/latest/web-preferences/#cookies
Safari - https://support.apple.com/cs-cz/guide/safari/sfri11471/mac
6. PERSONAL DATA PROCESSING WITHIN THE FRAMEWORK OF OUR SERVICES
6.1. What is the subject of this Article?
The subject of this Article is to set out conditions for the processing of personal data of your customers, business partners and other persons using your form (hereinafter the “Data Subject”) and using our services, as well as the terms of the agreement for the processing of such personal data under Article 28 (3) of the Regulation between us, as the Processor, and you, as the Controller of such personal data.
By this Article, we, as the Processor, undertake to process personal data of Data Subjects which we collect in order to provide our services, for you, as the Controller, under the Article 28 of the Regulation.
The purpose and means of processing the personal data of the Data Subjects under this Article as the result of the purchase of our services under our Terms and Conditions and under this Article 6 of the Policy shall be determined by you, as the Controller of the following personal data of the Data Subjects.
6.2. What personal data do we process?
a) Our services use mainly cookies for a PC or another device (further specified in Article 5.2 of the Policy) on the form related to our services is used. For the purpose of the provision of our services, we use necessary cookies, performance cookies and in particular functional cookies which may include personal data of the Data Subjects, in particular the Other data under the Article 1.2 of the Policy.
b) If you order the “Company Autocomplete” service, we can also, based on your request (in particular by filling in the name, surname, company name or registration number to your form) and on the current offer of such service on the website (which may restrict or disallow this service in specific cases), search and provide from publicly available sources the following data to the person you entered (legal person or business natural person), if applicable:
- Identification and contact data – registration number, tax identification number, registered office, e-mail address, phone number;
- Economic data – information about activity restrictions, health insurance debts, information on whether it is a reliable VAT payer, information on whether it is or was the subject of insolvency or liquidation proceedings or receivership.
The above data which are attributable to a specific natural person (in particular in case of a business natural person) are considered personal data and such natural person is the above mentioned Data Subject.
c) The services of the address autocomplete and validation of names, surnames, e-mails and phone numbers work with these data entered into your form. These services work with each such entered information as individually as possible without interrelations to other data entered so that it is not possible to identify a specific natural person on the basis of such data. In case of using the above autocomplete and/or validation, we only store such data in your request history in unidentified form so that it is not possible to identify a specific natural person by summarising such data.
If it is not possible to identify a specific natural person on the basis of the entered information, we are not processors of personal data within the framework of such services. In case the above information is in certain cases attributable to a specific natural person and this information comprises personal data, we will process such personal data in accordance with Article 6 of this Policy, as a Processor.
6.3. What is the subject, purpose and nature of processing?
As the Processor, we process personal data of the Data Subjects listed in Article 6.2 Paragraph (a) and (c) of the Policy. If you order the “Company Autocomplete” service, we, as the Processor, process personal data of the data subjects listed in Article 6.2 Paragraph (b) of the Policy.
The purpose of processing personal data listed in Article 6.2 Paragraph (a) and (c) of the Policy is proper provision of services purchased, i.e. providing assistance (in particular by prediction, data verification, or provision of related data) in completing your form. We process these personal data in particular by searching, accessing, collecting, storing and using personal data in electronic form.
The purpose of processing personal data listed in Article 6.2 Paragraph (b) of the Policy shall include proper provision of the service purchased, namely by searching and providing identification and contact data and economic data on the basis of your request. We process these personal data in an electronic form, in particular by searching them in publicly available sources, their collecting, storing and providing to you.
You hereby declare that you are authorized to use us as the Processor to process personal data of the Data Subjects on the basis of the above subject, purpose and nature of processing, in particular for the conclusion and performance of the Contract and/or on the basis of your legitimate interest (in particular to identify the Data Subject, contact the Data Subject, creditworthiness assessment of the Data Subject and to enforce and protect your rights and claims).
6.4. Rights and obligations of the Parties
We hereby undertake:
a) to process personal data in accordance with the above purpose, nature and manner of processing and your further instructions; if any processing requirements are imposed on us by relevant legal regulations, we shall inform you accordingly before processing;
b) to immediately inform you in case we believe that your instruction violates any data protection legislation;
c) to ensure that our persons authorized to process personal data (e.g. employees) subject to confidentiality;
d) not to hand over personal data to third persons (except for any subprocessor listed below);
e) to implement appropriate technical and organizational measures to ensure the required level of personal data processing protection, in particular by ensuring encryption of personal data selected by us and by ensuring that access to the stored personal data is protected by access passwords, as well as by setting internal rules for working with personal data;
f) to assist you through appropriate technical and organizational measures, if possible, to fulfill your obligation to respond to the Data Subject’s request to exercise their rights;
g) to assist you in ensuring that processing complies with the Regulation in terms of securing personal data of Data Subjects, reporting breaches of this security, assessing impact on data protection and prior consultation with the supervisory authority;
h) to inform you on any security breaches of personal data of the Data Subjects immediately after we become aware of them;
i) on the basis of your decision, to either delete all personal data of the Data Subjects or return them to you immediately after termination of our Contract, and to delete any existing copies unless storing such personal data is required by legislation;
j) to provide you with all information necessary to prove that obligations stipulated in the Regulation were fulfilled, and to enable audits, including inspections, carried out by you or by another auditor authorized by you, as well as to contribute to such audits by means of our cooperation; audit or inspection conditions are further governed by the Article 6.5 of the Policy;
k) to fulfill obligations in the area of processing records and cooperation with the supervisory authority in accordance with the Regulation.
You hereby undertake:
a) to properly fulfill all duties imposed by legal regulations in the area of personal data protection;
b) to immediately inform us about any fact which may affect fulfillment of our contractual and legal obligation as the data Processor.
6.5. Audit or inspection conditions
You shall be entitled to carry out the audit or inspection according to the previous paragraph under these conditions:
a) you shall inform us about your interest to carry out the audit or inspection, its extent, subject and proposed date at least 20 working days before the proposed audit date; following the receipt of such information, we shall be entitled to determine another audit date which however shall not be later than 10 days after the data proposed by you;
b) you shall be entitled to carry out the audit or inspection at most once every 6 months of using our services;
c) you shall carry out the audit or inspection first in a manner and in the extent which does not require any access to electronic and information systems and devices which we use to provide our services;
d) we will only provide you with the access to electronic and information systems and devices which we use to provide our services if the case of suspected breach of our obligations as the Processor cannot be resolved in any other manner, and such access will be possible exclusively under the Processor’s supervision;
e) in case of the access to electronic and information systems and devices under the previous paragraph, you shall carry out the audit or inspection in such manner so that our activities are disrupted only to the extent necessary, and such access will only be possible for the period and to the extent required to carry out the audit or inspection;
f) all information, records and documents which we make available to you or a third person authorized by you in connection with the audit or inspection shall be confidential and may constitute the Processor’s trade secret (hereinafter the “Confidential Information”) and you hereby undertake to maintain confidentiality in relation to such Confidential Information, in particular not to share such Confidential Information with any third party or use them for any other purpose than to carry out the audit or for purposes envisaged in the Contract or the Regulation without our written consent;
g) in case you use a third person authorized by you to carry out the audit or inspection, you shall submit to us a written commitment of such authorized third person before the audit, in which such person undertakes to maintain confidentiality in relation to the Confidential Information in the same extent as you; failing to fulfil this condition, such authorized third person shall not be entitled to carry out the audit or inspection;
h) in case we, as a consequence of your audit or inspection, incur costs which we would not incur otherwise, you shall reimburse us for such costs immediately after the receipt of our request for the payment of such costs.
6.6. Involvement of a subprocessor
You hereby grant us a general permission to involve a subprocessor. We undertake to inform you about the involvement of each new subprocessor and you shall have the right to object to it. We undertake to conclude an agreement with such subprocessor which shall not exceed and be in accordance with this arrangement on personal data processing (in particular in terms of the Processor’s obligations). We shall be liable towards you for the fulfilment of all obligations by a subprocessor.
All subprocessors according to the previous paragraph are listed on our web interface. Any information concerning the involvement of new subprocessors or their replacement shall always be provided to you by publishing such change on our web interface, thus fulfilling our obligation to inform about such change.
6.7. Time and duration of personal data processing
This arrangement on personal data processing under Article 6 of the Policy shall be valid and effective for the term of using our services in accordance with our Terms and Conditions. Termination of our cooperation within the framework of our services under the Terms and Conditions shall also mean termination of this arrangement on personal data processing.