Dear Customer, a user of websites administered by TIM S.A., i.e. www.tim.pl, www.timsa.pl, www.szkolenia.tim.pl the document you are reading proves that TIM S.A. takes seriously your privacy and legal requirements imposed by law on TIM S.A. in connection with the protection of your privacy, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 EC (the General Data Protection Regulation), hereinafter referred to as GDPR.
We would like to start with the information on the personal data controller, i.e. the entity which specifies the purposes and determines how your personal data is processed: the data controller is TIM S.A. with its registered office in Wrocław at ul. Powstańców Śląskich 2-4, 53-333 Wroclaw, entered in the Register of Entrepreneurs maintained by the District Court for Wrocław-Fabryczna, Commercial Division VI of the National Court Register under No. KRS 0000022407, share capital PLN 22 199 200.00 fully paid, holding Tax ID Number( NIP): 897-000-96-78, REGON: 930339253. With regard to any matter related to privacy, you may contact TIM S.A. by sending an e-mail to the following address: firstname.lastname@example.org.
I. THE PURPOSES, LEGAL BASIS OF DATA PROCESSING, CATEGORIES OF YOUR PERSONAL DATA
1. THE CONCLUSION AND EXECUTION OF A CONTRACT
TIM S.A. processes your personal data in order to take efforts, on your request, to conclude a contract with TIM S.A. or when it is necessary for the implementation of a contract that has been already concluded (Article 6 (1)(b) GDPR).
In practice, this involves the following:
- possible entering into contracts with TIM S.A. on the provision of services by electronic means referred to in the Regulations of the Online Store www.tim.pl. (hereinafter referred to as the Online Store), related to creating a user account in the above Online Store.
- possible entering into contracts with TIM S.A. on the provision of services by electronic means referred to in the Regulations of the training website www.szkolenia.tim.pl. (hereinafter referred to as the Training Website) related to the creation of a user account on the abovementioned Training Website.
- entering into sale of goods contracts with TIM S.A.,
- sending to TIM S.A. applications via e-mail or contact forms available on TIM S.A. websites in connection with creating a user account in the Online Store or on the Training Website or in connection with the conclusion or performance of contracts via the websites mentioned above.
2. LEGAL DUTY
TIM S.A. processes your personal data in order to fulfil the legal obligation imposed on TIM S.A. (Article 6 (1)(c) GDPR).
In practice, that means the need for processing your personal data in connection with the performance of obligations arising from the provisions of law, in particular the obligations arising from tax regulations, the Accounting Act, Social Security Law, the Civil Code, the Consumer Rights Act.
3. LEGITIMATE INTEREST OF TIM S.A. OR A THIRD PARTY
TIM S.A. can process your personal data if this is necessary for the purposes of the legitimate interests pursued by TIM S.A. or by a third party (Article 6(1)(f) GDPR).
In practice, this involves processing of your data in the following cases:
- Customer relationship management (CRM)
TIM S.A. analyzes the existing cooperation with you for internal purposes in order to draw up summaries of analyses and statistics on sales. Based on the above information, TIM S.A. obtains knowledge that is useful when preparing offers or specifying price lists, which allows for better adjustment of the offer to meet your interests, taking more targeted marketing actions and the improvement of service quality.
Based on the classification of your business activity provided by you at the stage of creating your user account, when your activity is matched to one of the market segments, TIM S.A. determines a specified price list for you in the Online Store. The decision is taken automatically, however, it does not cause any adverse effects for you. On the basis of information collected about you in the course of our cooperation so far (i.e. information on your purchase history in the Online Store, the history of your activity in the Online Store and your assignment to a specific customer segment: consumer/trader, TIM S.A. displays personalized ads for you on the sites of the Online Store. The decision is taken automatically, however, it does not cause any adverse effects for you. On the basis of information collected about you in the course of our cooperation (i.e. information on your purchase history in the online shop) combined with the information on other clients with specific proprieties specified by TIM S.A., TIM S.A. displays offers for recommended goods for you, purchased by other customers. The decision is taken automatically, however, it does not cause any adverse effects for you. On the basis of information collected about you in the course of our cooperation so far (i.e. information on your purchase history in the Online Store, the history of your activity in the Online Store, your assignment to a specific customer segment: consumer/trader, TIM S.A. displays information on special offers on the websites of the Online Store offered by TIM S.A.
- Marketing of products and services offered by TIM S.A.
TIM S.A. will contact you over the phone or send you marketing information on goods and services offered by TIM S.A. provided that you have already expressed your consent at www.tim.pl., www.timsa.pl lub www.tim.szkolenia.pl to being contacted by phone or email or SMS messages for the purposes of direct marketing. TIM S.A. does not send spam i .e. commercial information that you have not ordered. TIM S.A. does not provide any personal data, and in particular email addresses or phone numbers, to any third parties to enable them to undertake direct marketing activities related to goods and services offered by these entities.
- Claims made by TIM S.A. and defending claims against TIM S. A.
In the case of your failure to fulfil or improper performance of a contract with TIM S.A., TIM S.A., under the applicable law, can make claims against you, for example, TIM S.A. may claim payment for sold goods. In the event that you make claims against TIM S.A., TIM S.A. will process your personal data in order to defend against such claims.
- Organization of competitions.
TIM S.A. organizes competitions announced on the websites of the Online Store or on fan pages of TIM S.A. on social networks.
- Security of claims related to the sale of goods.
In any cases justified by the value of sales contracts entered into by you as an entrepreneur, in the event that TIM S.A. grants you the option of deferred payment under the trade credit granted to you by TIM S.A., TIM S.A. may demand from you the security or surety of own blank promissory note in order to secure the proper performance by you of the sale contract made by you and TIM S.A.
- Assessment of creditworthiness.
When you, as an entrepreneur, apply to TIM S.A. for the option of making payments for goods purchased in the Online Store on a deferred date within the trade credit granted by TIM S.A., TIM S.A. collects and stores information about your financial situation which allows us to assess your creditworthiness and analyze the risks for TIM S.A. associated with entering into a sale contract with deferred payment.
- Contact with TIM S.A.
TIM S.A. enables you to send TIM S.A. notifications via email or contact forms, i.e. contact for press, contact for investors, available at www.timsa.pl in other matters not related to creating a user account in the Online Store or the Training Website or not related to the conclusion or execution of contracts through to the above webpages.
- Data storing in order to ensure accountability, i.e.. proving compliance with the provisions related to the processing of personal data.
II. PERSONAL DATA RECIPIENTS
- Transport service-providers (couriers), entities providing postal services, suppliers of goods sold by TIM S.A. – in the event that the goods are delivered directly from the store of the supplier to such entities to which TIM S.A. sells its debts under factoring contracts or debt insurance contracts with regard to claims arising out of the contract of sale, economic information agencies, service providers sharing economic reports on entrepreneurs, banks in which TIM S.A. has a bank account used for transferring money to your bank account in the case of returned goods, complaints or overpayments, providers of logistic services for TIM S.A., providers of agency, distribution or document archiving services, financial statement auditing services, tax advisory services, financial advisory services, business advisory services, legal services, IT services, services related to the transmission of electronic messages for the purposes of direct marketing, public& investors relations service providers, entities entrusted by TIM S.A. with debt recovery activities and attorneys representing TIM S.A. or the above entities.
III. PLANNED PERIOD OF DATA STORING
– In the case of data processing for the purposes of customer relationship management, the data is processed for an indefinite period or until you raise objections under Article 21(1) GDPR in relation to your special situation.
– In the case of data processing for the purpose of profiling, the data is processed for an indefinite period or until you raise objections pursuant to Article 21 (1) RODO in connection with your special situation. Nevertheless, TIM S.A., respecting your right to privacy, gives you the option to decide on your own about the profiling used for you in order to display personalized ads and present recommended products. After logging in to your account in the Online Store, in the “subscriptions and privacy” tab you have the option to deselect a check-box next to a particular form of profiling, which will make TIM S.A. discontinue processing of your data for that specific purpose. Any time you can reselect any of the aforementioned “check-boxes “.
– In the case of personal data processing for marketing of products and services offered by TIM S.A., TIM S.A. processes personal data for this purpose until you withdraw your consent to being sent commercial information by e-mail, SMS or to being contacted over the phone.
– In the case of data processing by TIM S.A. in order to make claims or in order to defend against legal claims made against TIM S.A., TIM S.A. processes personal data for this purpose until the enforcement or expiration of the claim, depending on which of the events occurs first.
– In the case of personal data processing in order to organize competitions, TIM S.A. processes personal data for this purpose until any claims related to the organization of such competition expire.
– In the case of personal data processing to secure claims related to the sale of goods, TIM S.A. processes personal data for an indefinite period, as long as you remain in business relations with TIM S.A. or until there are any unsettled claims of TIM S.A. against you.
– In the case of personal data processing for accountability, TIM S.A. processes personal data for such a period of time as necessary to prove the fulfilment of legal requirements and to enable audit of their fulfilment by authorized public authorities.
IV. THE RIGHTS OF DATA SUBJECTS
1. THE RIGHT OF ACCESS TO YOUR DATA
- You have the right to access your data, including the right to obtain a copy of your data i.e. by electronic means.
2. THE RIGHT TO RECTIFICATION
- You have the right to request rectification if any of your personal data is incorrect. You have the right to have incomplete personal data completed.
3. THE RIGHT TO DATA ERASURE
- You have the right to demand erasure by TIM S.A. of your personal data where:
– the data is no longer necessary for the purposes for which it was collected or otherwise processed
– you raise objections, due to your special situation, to the processing by TIM S.A. of your personal data for the purposes of the legitimate interest of TIM S.A. or a third party, and there are no overriding legitimate grounds for the processing.
– you raise objections to the processing of your data for direct marketing;
– your personal data has been processed incompliant with the law;
– your personal data must be erased in order to comply with the legal obligation under EU law or Polish law which is the governing law of TIM S.A. Please note, however, that this right is subject to significant restrictions. TIM S.A. will not be able to fulfil your request if further processing is necessary for:
– compliance of TIM S.A. with a legal obligation that requires processing pursuant to EU law or national law (e.g. the tax liability related to the contract concluded between you and TIM S.A. has not expired yet or the retention period of accounting documents issued in connection with the contract concluded between you and TIM S.A. has not yet expired).
– specifying, investigating or defence against any claims.
4. THE RIGHT TO RESTRICT DATA PROCESSING
- You have the right to request restrictions on your data processing if:
– you question the accuracy of your personal data – for the period allowing TIM S.A. to verify the accuracy of such data;
– the processing is unlawful and you object to erasure of your personal data, demanding restriction of its use instead;
– TIM S.A. no longer needs your personal data for the purposes of processing, but you need the data to specify, investigate or defend against any claims;
– you objected, due to your special situation, to the processing of your personal data by TIM S.A. that is processed for the purposes of the legitimate interest of TIM S.A. or third party – until it is determined whether the legitimate basis on the part of TIM S.A overrides the basis of the objection raised by you or not.
5. RIGHT TO DATA TRANSFER
- You have the right to receive a file in a commonly used format that can be read by computer programs including your personal data provided by you that is processed by TIM S.A. in an automated manner on the basis of a contract you entered into with TIM S.A.. You have the right to request sending of the above file to another data controller in so far as it is technically possible.
6. THE RIGHT TO OBJECT
TIM S.A. has the right to refuse to stop processing your data if it demonstrates the following:
– the existence of important legitimate grounds for processing, overriding your interest or rights and freedoms, or
– the existence of grounds to determination, investigation or defence against claims
- You have the right to object at any time if TIM S.A. processes your data for direct marketing purposes. The easiest way to do this is by clicking on the link in the text of each e-mail containing commercial information sent by TIM S.A.
V. COMPLAINT TO THE SUPERVISORY BODY
You have the right to lodge a complaint with the supervisory body, which until 24/05/2018 is the General Personal Data Officer, and from 25/05/2018 it will be the President of the Personal Data Protection Office.
VI. VOLUNTARY PROVISION OF DATA
- You can browse our websites, i.e. www.tim.pl. www.timsa.pl., www.szkolenia.tim.pl without having to provide your personal data.
- If you create an account in the Online Store as a consumer, you have to provide the following data: email address, password, login to your account, your name and surname, phone number, street, house number, postal code, town/city. The provision of the above data is voluntary, however, your refusal to provide it makes it impossible for you to create a user account in the Online Store.
- If you create an account in the Online Store as a trader (COMPANY), it is necessary to provide the following data: email address, password, login to your account, your name and surname, phone number, tax ID [NIP], business name (box: company name), street, house number, postal code, town/city, the market segment of your business activity (box: market). The provision of the above data is voluntary, however, your refusal to provide it makes it impossible for you to create a user account in the Online Store.
- If, when creating an Account in the Online Store, you receive an error message saying that it is impossible to complete the Account creation process or information that there is already an Account in the Online Store assigned to your NIP entered by you, you can contact the store administrator to explain the reasons for such situation. For this purpose, you can use a contact form were you will need to enter your phone number and e-mail address. The provision of the above data is voluntary, however, if you refuse to provide it, it will be impossible for you to contact TIM S.A. via the contact form.
- When entering into a contract on the sale of goods you may additionally enter other delivery address than given upon registration. The provision of the above data is voluntary.
- If you apply to TIM S.A. for the option of deferred payment for the goods purchased as a part of trade credit granted by TIM S.A., TIM S.A. in order to assess your creditworthiness, may request from you information about your financial situation included in financial documents or tax returns. The provision of the above information is voluntary, however, if your refusal may result in our refusal to grant you the option of deferred payment within the granted trade credit.
- If you agree to receive VAT invoices electronically, TIM S.A. will send them to the address provided during the registration of your account in the Online Store, but you may provide another e-mail address at the stage of ordering from the Online Store. The provision of the above data is optional, however, if you refuse to provide the data, the invoices will be by default sent to the e-mail address provided by you when creating the account in the Online Store.
- If you create an account on the training website, you have to provide the following data: email address, your name and surname, phone number, street, house number, postal code, town/city. If you want to receive an invoice for the services provided, it is necessary to additionally provide the following data: tax ID [NIP], company name, street, house number, postal code, town/city. The provision of the above data is voluntary, however, your refusal to provide the data makes it impossible for you to create a user account on the Training Website.
- If, after you have created the customer’s account on the Training Website, you wish to enrol for training, you must additionally provide the following data: address, and in the case of entrepreneurs: company name, address and tax identification number [NIP]. The provision of the above data is voluntary, however, your refusal to provide the data makes it impossible for you to enrol for training via the Training Website
- If you place an order for collection of your returned goods via the Online Store, TIM S.A. processes your data to the extent necessary to perform this contract, i.e. your name, telephone number, e-mail address, number of the relevant invoice that covers the returned goods, the designation of the returned goods, the address where the returned goods should be picked up. You also have the option to provide your bank account number to be credited with a refund for the returned goods. The provision of the above data is voluntary, however, your refusal makes it impossible for you to place an order for collection of your returned goods via the return form on the Online Store website.
- If you want to make a complaint related to the goods through the complaint form available from the Online Store, you have to provide the following personal data: first name, last name, company name, mailing address, phone number, email address, invoice number covering the goods complained about, the designation of the goods subject to the complaint. You also have the option to provide your bank account number which will be credited when you receive a refund. The provision of the above data is voluntary, however, your refusal makes it impossible to submit a complaint via the complaint form on the Online Store website.
- If you want to subscribe to the newsletter, you must provide an e-mail address and your consent to receive commercial information to this address within the meaning of Article 2 (2) of the Act of 18-07-2002 on the provision of services by electronic means for the purpose of direct marketing. The provision of the above data is voluntary, however, if your refuse to provide it we will not be able to send you the newsletter.
- If you want to receive information about special offers, new products and discounts with regard to the offer of TIM S.A. over the telephone including via SMS, you have to provide your consent to receive phone calls and commercial information to your phone number within the meaning of Article 2 (2) of the Act of 18-07-2002 on the provision of services by electronic means for the purpose of direct marketing. The provision of the above data is voluntary, however, your refusal makes it impossible for TIM S.A. to contact you by phone, including an SMS.
- If you want to contact TIM S.A. via the contact form available at www.timsa.pl, you must provide your name, surname and e-mail address. The provision of the above data is voluntary, however, your refusal makes it impossible to send any message to TIM S.A. via the above-mentioned contact form.
VII. DATA SOURCES
- TIM S.A. acquires your personal information directly from you, subject to paragraph 2.
- If you are an entrepreneur who asked for the option to make payments on a deferred date, as a part of the trade credit granted by TIM S.A., TIM S.A. may collect information about you pursuant to the Act of 09.04.2010 on sharing business information and exchanging business information. Furthermore, TIM S.A. collects the information from providers of services with regard to sharing economic reports on entrepreneurs, information on your financial reliability, in particular the timely manner of settling liabilities to other business entities, for example: payment history, the value of liabilities, payment structure, the history of delays, the average delay. TIM S.A. acquires the above information from the following entities: Krajowy Rejestr Długów Biuro Informacji Gospodarczej S.A., ul. Danuty Siedzikówny 12, 51-214 Wrocław, BISNODE Polska Sp. z o.o, Plac Europejski 2, 00-844 Warszawa, Coface Poland Credit Management Services Sp. z o.o, Aleje Jerozolimskie 142A, 02-305 Warsaw. EULERS HERMES COLLECTIONS Sp. z o.o., Aleje Jerozolimskie 98, 00-807 Warsaw.
VIII. DATA COLLECTED AUTOMATICALLY
- Under Article 18 (5) of the Act of 18-07-2002 on the provision of electronic services, TIM S.A. processes your data on the use of services provided by electronic means (operating data):
a) the information about the start, the end and the range of every use of the services provided electronically is collected through Google Analytics and Google Adwords. Google Analytics is a Web analytics system that provides insight into the traffic on the Online Store Website used for the purposes of marketing activities. TIM S.A. has implemented the following functions of Google Analytics: remarketing, reports on impressions in the Google adds network, DoubleClick Campaign Manager tool integration, reports on interests and demographic data of Google Analytics. Google Adwords is a Google advertising system that allows for the display of sponsored links in search results of Google search engine and on the websites cooperating within the framework of the Google AdSense program,
b) the information on your use of services provided by electronic means.
c) designations identifying you in the IT system of TIM S.A., assigned based on the data provided by you
d) designations identifying the end of the telecommunications network or IT system that you use when connecting to the www.tim.pl, website (IP, domain name, browser type, operating system type). This data may be collected by cookie files (“cookies”), Google Analytics and Google Adwords. Cookie files (also called “cookies”) are information data, particularly text files that are stored on your end device and are intended for the use of the Online Store sites. Cookies usually contain the name of the website from which they originate, their storage time on the end user’s device and a unique number.
- The entity that sends cookies to your end device and gains access to it is TIM S.A. with its registered office in Wrocław at ul. Powstańców Śląskich 2-4, 53-333 Wrocław
- Cookies are used as follows:
1) to adjust the content of Web pages of the Online Store to your preferences and optimize the use of the websites; in particular, these files allow to recognize your device and display the website properly, customized to your individual needs;
2) to create statistics that help us to understand how you use the sites of the Online Store, which allows for improving their structure and content;
3) to maintain session (after logging in), so you do not need to enter you login and password on a sub site of the Online Store;
4) within the Online Store there are two basic types of cookies used: “session cookies” and ” persistent cookies”. Session cookies are temporary files that are stored on the user’s end device till logging out, leaving the website or disabling the software (your web browser). Persistent cookies are stored in the user’s end device for the time specified in the cookie file parameters or until the user deletes them.
- Within the Online Store we use the following types of cookies:
1) “essential” cookies, enabling the use of the services available through the Online Store, e.g. authentication cookies used for services that require authentication within the Online Store;
2) cookies used to ensure safety, for example, used to detect fraud during authentication within the Online Store;
3) “performance” cookies to collect information about how you use the websites of the Online Store;
4) “functional” cookies to “remember” the settings selected by you and personalize your interface, e.g. in terms of your language or the region you come from, font size, appearance, functionality of the website and the option to use additional functionalities of the Website, etc.; (5) “advertising” cookies, belonging to TIM S.A., Google and third parties (e.g. DoubleClick) for delivering advertising content better adjusted to your interests, based on the history of visits to the Online Store.
- In many cases, the software used to browse websites (a web browser) allows for the default storing of cookies on the user’s device. You can change your cookie settings at any time. In particular, these settings can be changed in such a way so as to automatically block cookies in the settings of your browser or to inform about them every time they appear on your device. More details on the options and methods of managing cookie files are available in the software settings (web browser).
- Cookies placed on your device can be also used by advertisers and partners cooperating with TIM S.A. .
- Comprehensive information about how to change the method of storage or the access of cookies is available in the settings of your Web browser. Detailed information for people using each of the most popular Web browsers are available under the following links:
- TIM S.A. carries out marketing activities with the use of display ads. You can opt out of Google Analytics for display ads at any time and customize your ads in the Google Display Network using Ad Settings.
- In connection with the use of remarketing with Google Analytics:
1) you may be able to see display ads related to TIM S.A. while using the Google search engine as well as websites of Google partners displaying Google ads,
2) TIM S.A. Google, Google partners displaying Google ads use their own cookies (e.g. Google Analytics) and third-party cookies (e.g. DoubleClick) to inform about advertisements and for their optimization and displaying based on the history of visits on the Online Store website.
- In connection with the implementation of interest reports and demographic data of Google Analytics, TIM S.A. uses data from Google ads based on interests or data on external recipients (such as interests) in Google Analytics to analyze the traffic on the Online Store website.
IX. PROTECTION OF PERSONAL DATA
- TIM S.A. takes technical and organizational measures to protect personal data against disclosure to any unauthorised persons, loss or damage, relevant to the risk associated with the data processing.
- In order to prevent the acquisition or modification by unauthorized persons of the personal data provided by you upon registration and signing up to your account in the Online Store, TIM S.A. provides encrypted connection to the TIM S.A. server using an SSL certificate.
- The measures taken by TIM S.A. may, however, turn out to be insufficient if the user fails to observe safety rules. In particular, the user must keep their login and password details for the Website confidential and may not share them with any third parties. TIM S.A. will not ask you to provide the above data, except for their entering when logging in. In order to prevent unauthorised persons from using the Account, the user should log out after using the Online Store or the Training Website.