personal data protection

Personal Data Protection
Consent to the processing of personal data for ToBeFound s.r.o., ID No.: 08377944, Address: Branická 213/53, Braník, 147 00 Praha 4, File No.: C 317963 kept at the Municipal Court in Prague.

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I. General Provisions:

1. ToBeFound s.r.o. (hereinafter referred to as “Supplier”) provides its customers with professional services consisting primarily in the creation of websites and online internet presentations, creation of online stores (e-shop), PPC advertising management, social network management, management of online company catalogues, marketing services and others (hereinafter referred to as “Services”).
2. In connection with the provision of the Services, the Supplier processes personal data of customers – natural persons and customers – legal persons to the extent of personal data of natural persons who act for the legal person, are referred to by the legal person or otherwise provide the Supplier with their personal data in connection with the activities for the legal person. The Supplier shall process personal data only to the extent, for the purposes and for the period set out in this consent. Consent to the processing of personal data is a condition for the establishment and duration of the contractual relationship with the customer.
3. Personal data (“Personal Data”) means any information about an identified or identifiable natural person who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, a network identifier or to one or more specific elements of the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
4. Processing of Personal Data (“Processing”) means any operation or set of operations on Personal Data or sets of Personal Data that is carried out with or without the aid of automated processes, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or any other disclosure, alignment or combination, restriction, erasure or destruction.

II. Scope of data processing

1. The Customer consents to the processing of his/her Personal Data by the Service Provider and its other contractual processors:

• identification data: address, title, first name, surname, date of birth, permanent address, correspondence address
• data in connection with the performance of activities for a legal entity customer: address, title, name, surname, job title
• if the customer is represented, identification data of the representative: address, title, name, surname, date of birth, permanent address, correspondence address
• electronic and contact details of the customer/representative: e-mail address, telephone contact (telephone, mobile phone)
• personal data related to the contractual relationship: bank account number, name of the financial institution, bank code
• in the case of website creation: all personal data provided by the customer to the Supplier for the creation of the website content, in particular address, first name, surname, date of birth, place of birth, educational attainment, age, gender, personal status, address, company name, company logo, identification number, tax identification number, file mark, company headquarters, photographic record, video record, audio record, location data, etc.
• in the case of the creation of online shops (e-shops): address, name, surname, residence, delivery address, e-mail address, telephone contact
• in the case of social network management: all personal data of the customer available in the social network whose management is required, in particular address, name, surname, date of birth, location date of birth, educational attainment, age, gender, personal status, telephone number, email address, photographic record, video record, audio record, location data, etc.
• in the case of the management of online company catalogues: names, surnames of the statutory bodies or other persons acting on behalf of or for the company, contact details in the range of e-mail address, telephone contact (telephone, mobile phone), fax, data box of the natural person, identification number, tax identification number, company logo, basic description of the company, photographic record, Skype, Facebook, Twitter and other links to social networks
• and other personal data that will be provided to the Supplier by the Customer on the basis of the contractual relationship.

1. The Customer declares that it considers the aforementioned scope of personal data processed by the Supplier to be reasonable and necessary for the provision of the Supplier’s services.
2. The Customer expressly declares that it gives its consent to the processing of personal data free of charge and freely.
3. The Customer acknowledges that the consent given by him/her applies to the processing of his/her personal data and for such purposes which are not in fulfilment of the Supplier’s legal or contractual obligations or do not arise from other reasons for processing personal data listed in Article 6 of Regulation 2016/679 of the EUROPEAN PARLIAMENT AND OF THE COUNCIL on the protection of natural persons with regard to the processing of personal data and on the free movement of such data. The Customer’s consent is not required for the processing of personal data in fulfilment of the Supplier’s legal or contractual obligations or for other reasons for processing listed in the Regulation.
4. The Customer may withdraw consent to the processing of personal data at any time, in the same manner as consent was given. If the consent was given in writing, it must also be withdrawn in writing, either by sending the withdrawal of consent to the Supplier’s registered office address referred to in Article I, paragraph 1 (if the consent was given in paper form) or by sending it to the following e-mail address: hello@tobefound.io (if the consent was given in electronic form, via the Supplier’s website or online shop). The withdrawal of consent shall not affect the lawfulness of processing based on consent given prior to its withdrawal.
5. If consent is withdrawn for personal data that is not necessary for the provision of the Supplier’s service, the Supplier shall stop processing such personal data within 24 hours of the Customer’s withdrawal of consent. The personal data for the processing of which consent has been withdrawn shall be deleted by the Supplier within the same period.
6. If consent is withdrawn for personal data that is required for the provision of the Supplier’s service, the Customer will be informed that the withdrawal of consent prevents the further provision of the service. The Customer will then be able to choose to re-grant consent or terminate the Supplier’s service. Termination of the Supplier’s service due to withdrawal of consent is not a breach of the Supplier’s obligations.

III. Purpose and duration of data processing

1. The Customer consents to the processing of his/her personal data for the purposes of the provision of the Supplier’s services as defined in Article I. paragraph 1., in particular for the following purposes of the services provided:
   • Provision of marketing services, consultations, communication between the Supplier and the Customer, entering into a contractual relationship for the provision of services, its modification and termination, fulfilling the Customer’s requirements for the content and functionality of websites, online presentations, online stores, fulfilling the Customer’s requirements for the management of PPC advertisements, management of social networks, online company catalogues and their scope, fulfilling the obligation to pay for the Supplier’s services, and other purposes necessary for the full use of the Supplier’s services.
2. The Supplier is entitled to process the Customer’s personal data only for the purposes set out in paragraph 1. The Supplier is only entitled to process personal data for other purposes if this is compatible with the purposes set out in paragraph 1.
3. The Supplier shall be entitled to process the Customer’s personal data for the above purposes from the date of their provision by the Customer until 3 years after the date of termination of the contractual relationship with the Customer by its fulfilment or in any other manner provided for by law. The Supplier shall be entitled to process personal data for which the law provides for longer periods (e.g. personal data on tax documents, etc.) for these statutory periods. After the expiry of the processing periods, the customer’s personal data will be deleted.

IV. Other Arrangements

1. The Customer is entitled to update, correct or change his/her personal data provided to the Supplier at any time. The Customer is obliged to notify the Supplier of the outdatedness, inaccuracy, incompleteness or incorrectness of the personal data processed by the Supplier, if this may affect the provision of the Supplier’s services.
2. If the Supplier finds out on its own that the Customer’s personal data is outdated, inaccurate, incomplete or incorrect, it shall invite the Customer to remedy the situation within a reasonable period of time. If the provision of outdated, inaccurate, incomplete or incorrect data prevents the Supplier from providing services, the Supplier may suspend the provision of services until a remedy has been agreed. During this period, the Supplier shall not be in default. If no remedy is agreed for the data whose outdatedness, inaccuracy, incompleteness or incorrectness prevents the provision of the Supplier’s services even within 3 months, the Supplier is entitled to withdraw from the contract with the Customer.
3. The Customer hereby further represents and warrants that if it provides personal data of third parties in connection with the provision of the Supplier’s services, that all such persons identified by the Customer have consented to the provision of such personal data by the Supplier for the purposes of processing by the Supplier and for the period as defined in this Consent. If the Customer fails to comply with this obligation, or if such persons withdraw their consent to the Supplier to process their personal data, or if the Supplier otherwise determines that the grounds for processing within the meaning of Article 6 of the Regulation are not present, the Supplier shall proceed in a manner similar to that set out in Article II, paragraphs 5 and 6.
4. Each Customer, as well as any other person whose personal data is processed by the Supplier, shall have the right to obtain confirmation from the Supplier as to whether or not the personal data concerning him/her is being processed and, if so, to obtain access to such personal data and information to the extent provided for by law.
5. Each Customer, as well as any other person whose personal data is processed by the Supplier, has the right to request the restriction of the processing of data that is inaccurate, unlawfully processed, data that is unnecessary for further processing, or data for which they have objected to processing.
6. Each Customer, as well as any other person whose personal data is processed by the Supplier, has the right to object at any time to the processing of personal data concerning them or to lodge a complaint with the supervisory authority. The Supplier shall no longer process such personal data unless it is personal data necessary for the provision of the Supplier’s service. However, if the Customer objects or complains about personal data processed by the Supplier and necessary for the provision of the service, the Supplier shall proceed in a similar manner as in the case of withdrawal of consent to processing within the meaning of Article II, paragraph 6 of the Consent.
7. The Customer acknowledges and agrees that the Customer’s personal data will be processed both automatically and manually and may be disclosed to the Supplier’s employees if necessary for the performance of their job duties, as well as to contractual processors of personal data with whom the Supplier has concluded a contract for the processing of personal data and to other persons in accordance with the law. The Customer declares that it has read and understood this Consent and hereby grants the Supplier consent for the entire scope of data processing and for all the above purposes and scopes of processing of the Customer’s personal data for the period of time specified by the Supplier.