Processing of personal data

Introductory provisions

  1. TGNCA s.r.o., ID No.: 096 34 231, with its registered office at Emilie Floriánové 810/2, 466 01 Jablonec nad Nisou, registered in the Commercial Register kept by the Regional Court in Ústí nad Labem, File No. C 46079 (hereinafter “TGNCA”), issues this privacy policy and cookies policy, which applies both to processing carried out by it in the capacity of controller and to processing where it acts as processor in accordance with the instructions of another controller.
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  2. A data subject means any natural person whose personal data are processed by TGNCA, regardless of their position in the given relationship and regardless of whether or not TGNCA has a direct contractual relationship with the data subject.
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Processing in the capacity of controller

  1. In the capacity of controller, TGNCA processes the following personal data, which it obtains directly from individual data subjects:
    • identification data, being first name and surname, business name, identification number, username, password and its hash; and
    • contact data, being email address, telephone number, delivery address and billing address.
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  2. TGNCA processes the above personal data (including cookies) on the basis of the legal ground of performance of obligations under a contract by which TGNCA undertakes to provide its services to the data subject, at least to the extent of maintaining a user account. Registration and maintenance of a user account are governed by separate general terms and conditions. The processing of certain personal data is based on the consent of data subjects.
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  3. The purpose of such processing is:
    • ensuring the functionality of the services,
    • improving the services provided,
    • effective promotion of TGNCA’s products and services,
    • providing offers and advertising sent by email and text message, and
    • testing new functions and applications before deployment.
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  4. Personal data are stored for at least 4 years (i.e. for the duration of the three‑year limitation period and one year after its expiry, with regard to claims asserted at the end of the limitation period), but for no longer than 10 years from the last login to the user account.
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  5. In connection with the processing, you have the following rights:
    • you have the right to know why your personal data are needed, what will happen to them and how long they will be retained;
    • you have the right to access your personal data that are known to us;
    • you have the right to supplement, rectify, erase or block your personal data at any time you wish;
    • if you grant us consent to the processing of your data, you have the right to withdraw this consent and have your personal data erased;
    • you have the right to request from the controller all your personal data and to transfer them in full to another controller; and
    • you may object to the processing of your data. We will comply with this unless there are legitimate grounds for the processing.
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  6. To exercise these rights, please contact us. You can find the contact details at the bottom. If you have a complaint about how we handle your data, we would like to learn about it, but you also have the right to lodge a complaint with the supervisory authority (the Office for Personal Data Protection).
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Cookies

  1. In the capacity of controller, TGNCA also processes so‑called cookies. Cookies are small, simple files that are sent along with the pages of this website and stored by the browser on the hard drive of a computer or other device. The information stored in them may be returned to TGNCA servers or to the servers of relevant third parties during a subsequent visit. Cookies may have the nature of personal data.
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  2. Functional cookies: Certain cookies ensure that specific parts of the website function correctly and that user preferences remain known. By placing functional cookies, the user experience is enhanced. The use of these cookies is not based on your consent.
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  3. Statistical cookies: Statistical cookies are used to optimise the website. Thanks to these statistical cookies, TGNCA obtains an overview of the use of our website. The use of these cookies is based on your consent.
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  4. Marketing cookies: Marketing cookies are cookies or any other form of local storage that are used to create user profiles for displaying advertising or for tracking the user for marketing purposes. The use of these cookies is based on your consent.
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  5. Cookies can be deleted using the internet browser. It is also possible to specify that certain cookies must not be placed. Another option is to change the settings of the internet browser so that a message appears every time a cookie is stored. Further information on these options can be found in the browser Help.
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  6. Please note that the TGNCA website may not function properly if all cookies are disabled. If you delete cookies in your browser, they will be placed again after your consent when you visit our website again.
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  7. Articles 3 to 6 of the section Processing in the capacity of controller apply to cookies mutatis mutandis.
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Processing in the capacity of processor (processing contract)

  1. By concluding a contract between TGNCA and a customer using its services, TGNCA is authorised by the customer, as controller, to act as processor under the following conditions, whereby to this extent this policy constitutes a so‑called processing contract within the meaning of Article 28 GDPR.
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  2. The purpose of the processing of personal data is the provision of services to the customer. TGNCA processes personal data solely for the purpose of, and to the extent necessary for, the provision of such services.
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  3. The customer is obliged to fulfil all obligations imposed on it in relation to personal data by applicable legal regulations; in particular, the customer, as controller, declares that it is and, for the entire duration of the processing contract, will be authorised, in accordance with GDPR and other legal regulations, to process the personal data that will be provided for the benefit of TGNCA.
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  4. The customer shall in particular ensure consent to the processing or, as the case may be, ensure that another legal ground for the processing of personal data is met; a breach of this article cannot be to the detriment of TGNCA, and the customer undertakes to indemnify TGNCA if any person claims compensation for damage from it in connection with the processing for the customer due to the processing ground not having been met.
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  5. TGNCA processes and stores personal data for the period strictly necessary, for a maximum of the duration of the processing contract, unless otherwise provided for by applicable legal regulations. Where provided by a legal regulation or necessary for the protection of the rights and legitimate interests of TGNCA or third parties, TGNCA is entitled to process and store such personal data to the necessary extent and for the necessary period of time in the position of controller of personal data.
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  6. Once the ground for processing personal data ceases to exist, TGNCA shall handle the personal data in accordance with the instructions and decision of the customer (provided these comply with applicable legal regulations). In particular, TGNCA shall return the personal data to the customer or erase them, including copies, or, if this is not possible, ensure that they are blocked in such a way that the personal data are no longer accessible and further processing is not possible. The retention of personal data for the purpose of fulfilling obligations or for the protection of the rights and legitimate interests of TGNCA or third parties under GDPR is not affected.
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  7. Personal data shall be processed by authorised employees of TGNCA, by automated systems and also manually, in written or electronic form.
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  8. The customer and TGNCA have agreed that personal data shall be transmitted securely by electronic means.
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  9. TGNCA shall always process personal data in accordance with the terms of the contract with the customer and on the basis of the customer’s instructions (provided these comply with applicable legal regulations), including in matters of the transfer of personal data to a third country or an international organisation, unless such processing is imposed on it by the law of the European Union or of a Member State of the European Union applicable to the customer; in such a case, TGNCA shall inform the customer of this legal requirement before processing, unless such legal regulations prohibit such information on important grounds of public interest.
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  10. TGNCA shall not comply with customer instructions that would be contrary to applicable legal regulations and shall notify the customer of such conflict.
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  11. By concluding the contract, the customer instructs TGNCA to process personal data relating to so‑called measurement scripts, according to the selection made by the customer.
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Obligations of the parties under the processing contract

  1. TGNCA as processor shall:
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    a) adopt all measures in accordance with Article 32 GDPR, in particular adopt the necessary security measures in view of the risks which the processing may pose to the rights and legitimate interests of data subjects, in particular security measures protecting personal data against unauthorised access, accidental or unauthorised destruction, loss or alteration, unauthorised disclosure, or other unauthorised processing;
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    b) ensure that personal data are processed only by properly trained personnel and within a secure processing environment, including secure electronic tools;
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    c) keep confidential the personal data and security measures, the disclosure of which would jeopardise the protection of such personal data, and ensure that this confidentiality is also maintained by the persons through whom it provides its services;
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    d) taking into account the nature of the processing, assist the customer through appropriate technical and organisational measures in fulfilling the customer’s obligation to respond to requests for the exercise of data subjects’ rights, no later than 10 days from receipt of the customer’s request;
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    e) notify the customer without undue delay, but no later than 72 hours after becoming aware, that a personal data breach has occurred; TGNCA shall provide the customer with all information reasonably requested by the customer for the fulfilment of its obligations under GDPR;
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    f) assist the customer in ensuring compliance with the obligations pursuant to Articles 32 to 36 GDPR, taking into account the nature of the processing and the information available to TGNCA;
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    g) provide the customer with all information necessary to demonstrate that TGNCA’s obligations have been fulfilled and, for this purpose, at the customer’s full expense, allow audits to be carried out, including inspections, conducted by the customer or an auditor appointed by the customer, and provide the necessary cooperation during such audit; and
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    h) not transfer personal data to third parties without the customer’s consent; this is without prejudice to their transfer to public authorities where required by a legal regulation, or to the transfer of personal data to another processor, including, but not limited to, Google Tag Manager.
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  2. The customer shall:
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    a) process personal data in accordance with GDPR;
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    b) ensure the consent of data subjects to the processing of personal data where such consent is required for the processing of personal data;
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    c) inform data subjects without undue delay about the processing of personal data under the contract;
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    d) inform TGNCA without undue delay if it discovers that personal data are inaccurate, and instruct TGNCA to rectify such inaccurate personal data;
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    e) notify TGNCA of information about employees and other persons who, as designated by the customer, have access to personal data, and notify TGNCA of the scope of their access; furthermore, the customer shall inform TGNCA of any change in such employees or persons;
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    f) handle requests of data subjects for the exercise of rights arising from GDPR;
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    g) inform TGNCA of any planned audit or inspection at least 7 days in advance; and
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    h) ensure that the performance of an audit or inspection (whether directly by the customer or by an auditor appointed by the customer) does not unduly burden TGNCA or interfere with its operation and activities.
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  3. The customer gives general consent for TGNCA to involve another processor in the processing. If TGNCA involves another processor to carry out specific processing activities on behalf of the customer, such other processor must undertake towards TGNCA to comply with the terms of processing under the processing contract.
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  4. The provisions of applicable legal regulations, in particular GDPR, shall apply to the regulation of other rights and obligations of TGNCA and the customer not expressly set out in the contract.
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  5. Where a data subject exercises rights in connection with processing in which TGNCA acts as processor, such rights shall be exercised against the customer as controller. If they are exercised against TGNCA, the customer shall assume the handling of the case and, where applicable, reimburse the costs incurred by TGNCA in this connection.
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  6. The following entities may be recipients of personal data:
    • Google Ireland Limited (Registration No.: 368047), with registered office at Gordon House, Barrow Street, Dublin 4, Ireland; this company’s privacy terms are available here: https://policies.google.com/technologies/ads
    • Facebook Ireland Limited, with registered office at 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, D02 X525, Ireland; this company’s privacy terms are available here: https://cs-cz.facebook.com/about/privacy
    • Microsoft Ireland Operations Limited, with registered office at One Microsoft Place South County Business Park Leopardstown Dublin 18, D18 P521; this company’s privacy terms are available here: https://privacy.microsoft.com/cs-CZ/
    • Seznam.cz, a.s., Radlická 3294/10, 150 00 Prague‑Smíchov, ID No. 26168685.
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Contact details

  1. For all questions, complaints or requests to exercise your rights, you can contact TGNCA using the following contact details: info@tanganica.com

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