1 PURPOSE OF THIS PRIVACY STATEMENT
1.1 This privacy statement aims to provide you with information on how Telelink Services Romania S.R.L., a limited liability company headquartered in Bucharest, sector 1, 67-77 Biharia Street, Building H, Ground Floor, Room 10, 2nd Floor, a Romanian legal entity, registered in the Trade Register under no. J40/10248/2005, VAT RO 17669833, telephone/fax 0359412828, and email office-ro@telelink.com (“Telelink”), collects your personal data through your use of the Modeshift application (“the Application”), including any data you may provide through this application when you subscribe to our newsletter, purchase a service, or seek an estimate of arrival time for a means of transportation.
1.2 This Application is not intended for minors, and we do not knowingly collect data about children.
1.3 It is important to read this privacy statement together with any other privacy notice or processing notice that we may provide on specific occasions when we collect or process your personal data, so you understand how and why we use your data. This privacy statement complements other notices and is not intended to supersede them.
2 DATA CONTROLLER
2.1 Telelink Services Romania S.R.L., a limited liability company with its registered office in Bucharest, sector 1, 67-77 Biharia Street, Building H, Ground Floor, Room 10, 2nd Floor, a Romanian legal entity, registered in the Trade Register under no. J40/10248/2005, VAT RO 17669833, telephone/fax 0359412828, and email office-ro@telelink.com (hereinafter referred to as “Telelink,” “we,” or “our”) is the data controller and the entity responsible for your personal data collected through the application.
2.2 If you have any questions regarding this notice, including any requests to exercise your legal rights, please contact Telelink using the contact details provided below.
3 CONTACT DETAILS
Our contact details are as follows: Full legal entity name: SC Telelink Services Romania SRL Email address: office-ro@telelink.com Postal addresses:
Registered office: Bucharest, sector 1, 67-77 Biharia Street, Building H, Ground Floor, Room 10, 2nd Floor Branch office: Oradea, Avram Iancu Street, No. 7, Ap.7, Bihor County Tel/fax: 0359412828 Complaints regarding the processing of personal data can be addressed to the National Supervisory Authority for Personal Data Processing. However, we appreciate the opportunity to address your concerns before contacting ANSPDCP. Please contact us in the first instance.
4 MODIFICATIONS TO THE PERSONAL DATA NOTIFICATION AND YOUR INFORMATION OBLIGATION
4.1 This version was last updated on 10.07.2019, and previous versions are archived and can be obtained by contacting us.
4.2 The data protection law in Romania is valid from May 25, 2018, with the introduction of the General Data Protection Regulation (“GDPR”). Although this notice regarding personal data protection obligations establishes most of your rights in accordance with the new provisions, we may not yet be able to fully respond to some of your requests (e.g., data transfer) because we are still working to prepare our systems for some of these changes. It is essential for the personal data we hold to be accurate and real. Therefore, please inform us if your personal data changes during our relationship.
5 DATA WE COLLECT ABOUT YOU
5.1 Personal data or personal information means any information about a person through which such a person can be identified. Personal data does not include information from which identity has been removed (anonymous data).
5.2 We may collect, use, store, and transfer various types of personal data about you, which we have grouped as follows:
(a) Identification Data: Includes your username, phone number, or similar identifier. (b) Contact Data: Includes your email address and phone number. (c) Financial Data: Includes details of your bank cards, including the last four digits of the bank card and the expiration date. (d) Transaction Data: Includes details of your payments and other details of the products and services you have purchased from us. (e) Technical Data: Includes your IP address, login data, operating system type and version, time zone, and other technologies on the devices you use to access the Application, including your geolocation. (f) Profile Data: Includes your username and password, purchases or orders made by you, your interests, preferences, feedback and complaints submitted, and responses to surveys completed within the Application. (g) Usage Data: Includes information about how you use the Application and our services. (h) Marketing and Communications Data: Includes your preferences in receiving marketing communications from us and our partners and your communication preferences.
5.3 We also collect, use, and share aggregated data, such as statistical or demographic data, for any purpose. Aggregated data may be derived from your personal data but is not considered personal data under the law, as this data does not directly or indirectly reveal your identity. For example, we may aggregate your usage data to calculate the percentage of users accessing a specific feature of the Application. However, if we combine or connect aggregated data with your personal data, so it can directly or indirectly identify you, we treat the combined data as personal data, which will be used in accordance with this notice.
5.4 We do not collect any special categories of personal data (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data, with the exception of fingerprint data for authentication, in which case your explicit consent will be requested for the use of this personal data). We also do not collect any information about criminal convictions or offenses.
6 WHAT HAPPENS IF YOU DO NOT PROVIDE US WITH PERSONAL DATA
If we are required by law or under a contract we have with you and you fail to provide the personal data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with certain services). In this case, it may be necessary to cancel the provision of any service you purchase from us, but we will notify you if this is the case at the time.
7 HOW WE COLLECT PERSONAL DATA
We use different methods to collect data about you, including through:
(a) Direct Interactions: You may provide us with your identity, contact, and financial data by filling in forms or corresponding with us by mail, phone, email, or otherwise. This includes personal data you provide when:
(i) Applying for our products or services; (ii) Creating an account within the Application; (iii) Subscribing to our services or publications; (iv) Requesting marketing communications; or (v) Sending us feedback or complaints.
(b) Automated Technologies or Interactions: As you interact with the Application, we may automatically collect technical data about your equipment, actions, and purchase preferences.
(c) Third Parties or Publicly Available Sources: We may receive personal data about you from various third parties and public sources, as set out below:
(i) Technical Data from the following entities: • Analytics providers [such as Google based outside the EU]; (ii) Contact, Financial, and Transaction Data from technical service providers and payment providers.
8 HOW WE USE YOUR PERSONAL DATA
8.1 We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
• Where we need to perform the contract we are about to enter into or have entered into with you. • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. • Where we need to comply with a legal or regulatory obligation.
8.2 Generally, we do not rely on consent as a legal basis for processing your personal data, except in relation to sending you direct marketing communications via email or text message. You have the right to withdraw your consent to marketing at any time by contacting us at the contact details [ ].
9 PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA
9.1 We have provided below, in a tabular format, a description of all the ways in which we intend to use your personal data and the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
9.2 Please note that we may process your personal data for more than one legal reason, depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal basis we are relying on to process your personal data where more than one reason is set out in the table below.
| Purpose/Activity | Type of Data | Legal Basis for Processing, Including Basis of Legitimate Interest |
| To register you as a new user of the Application | (a) Identity (b) Contact | Performance of the contract we are about to enter into or have entered into with you |
| Processing and delivery of orders: (a) payment management, pricing, and cost calculations (b) collection of amounts owed to us | (a) Identity (b) Contact (c) Financial (d) Transactions (e) Marketing and marketing communications (f) Technical | (a) Performance of the contract we are about to enter into or have entered into with you (b) Necessary for your legitimate interests |
| To manage our relationship with you, which will include: (a) Notifying you about changes to our terms or privacy policy (b) Requests for feedback or to respond to a survey | (a) Identity (b) Contact (c) Financial (d) Transactions (e) Marketing and marketing communications | (a) Performance of the contract we are about to enter into or have entered into with you (b) Necessary to comply with a legal obligation (c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services) |
| To manage and protect our company and our Application (including troubleshooting, data analysis, testing, system maintenance, support, reporting, and data hosting) | (a) Identity (b) Contact (c) Technical | (a) Necessary for our legitimate interests (for running our business, provision of IT system administration services, network security, to prevent fraud, and in the context of a business reorganization or restructuring exercise) (b) Necessary to comply with a legal obligation |
| To provide you with relevant content and advertisements within the Application and to measure or understand the effectiveness of the promotional advertisements we serve | (a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and marketing communications (f) Technical | Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business, and to inform our marketing strategy) |
| To use data analytics to improve our Application, products/services, marketing, customer relationships, and user experience | (a) Technical (b) Usage | Necessary for our legitimate interests (to define types of customers for our products/services, to keep our Application updated and relevant, to develop our business, and to inform our marketing strategy) |
| To offer suggestions and recommendations about goods or services that may be of interest to you | (a) Identity (b) Contact (c) Technical (d) Usage (e) Profile | Necessary for our legitimate interests (to develop our products/services and grow our business) |
10 PROMOTIONAL OFFERS FROM US
We may use your identity, contact, technical, usage, and profile data to form an understanding of what we think you may want or need or what may be of interest to you. This way, we can decide what products, services, and offers may be relevant to you (we call this marketing). You will receive marketing information from us if you have requested information or purchased [goods or services] from us [or if you have provided your data when entering a contest or registering for a promotion], and in any case, you have not opted out of receiving such marketing information.
11 MARKETING FROM THIRD PARTIES
We will seek your explicit consent before transferring your personal data to any company outside of Telelink for marketing purposes.
12 YOUR CHOICE
You can ask us or third parties at any time to stop sending you marketing messages [by logging into the app and checking or unchecking the relevant boxes to adjust your marketing preferences or by following the opt-out links on any marketing message sent to you or] by contacting us directly.
13 CHANGING THE PURPOSE OF PROCESSING
13.1 We will only use your personal data for the purposes for which we collected them, and for which we already have your consent, except if we reasonably consider that we need to use them for another reason and that reason is compatible with the original purpose. If you wish to receive an explanation of how the processing for the new purpose is compatible with the original purpose, please contact us.
13.2 If we need to use your personal data for purposes unrelated to the original purpose, we will notify you and explain the legal grounds that allow us to do so.
13.3 Please note that we may process your personal data without your knowledge or consent in compliance with the rules set out above, where required by law.
14 TRANSFER OF PERSONAL DATA
14.1 We may transfer your personal data to the following parties for the purposes set out in the table at point 4 above.
• To other Telelink group companies acting as joint controllers or processors with registered offices in the European Union and providing IT system management and system management services and performing specific reporting within the Application. • To service providers [acting as processors] with registered offices in the European Union providing [information and IT system management services]. • Consultants [acting as processors or joint controllers], including lawyers, bankers, auditors, and insurers located in the European Union providing [consulting, banking, legal, insurance, and accounting services]. • Tax authorities, regulatory authorities, and other authorities [acting as data processors or joint controllers] based in [the United Kingdom] [requiring reporting of processing activities in certain circumstances]. • Third parties such as [some banks, PayU SA, to include data of autonomous administrations to which data such as email address and phone number are transferred]. • Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses. If there is a change in our company, then the new owners may use your personal data in the same way as set out in this privacy notice.
14.2 We ask all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our service providers to use your personal data for their purposes, and we only permit them to process your personal data for specified purposes and in accordance with our instructions and your consent.
15 INTERNATIONAL TRANSFERS
We do not transfer your personal data outside the European Economic Area (EEA).
16 DATA SECURITY
We have implemented adequate security measures to prevent the accidental loss, unauthorized use, access, alteration, or disclosure of your personal data. Additionally, we limit access to your data to those individuals, employees, agents, contractors, and other third parties who explicitly need to know them to carry out activities within Telelink SRL. They will only process your personal data according to our instructions and will be subject to a duty of confidentiality. We have established procedures to address potential personal data breaches and will inform both you and any relevant regulatory authority about any data privacy breach in compliance with legal requirements.
17 HOW LONG WILL MY PERSONAL DATA BE USED?
17.1 We will retain your personal data for as long as necessary to fulfill the purposes for which we collected them, including any legal, accounting, or reporting requirements.
17.2 To determine the appropriate retention period for personal data, we consider the value, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data, and whether we can achieve those purposes through other means and in compliance with applicable legal requirements.
17.3 Details of the retention periods for different aspects of your personal data are available in our retention policy, which you can request from us by contacting us directly.
17.4 In certain circumstances, we may anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without prior notice to you.
18 YOUR RIGHTS
18.1 The relevant provisions of personal data protection grant several rights to individuals whose personal data is processed. In addition to the existing rights, you also have the right to data portability and the right to erasure. Here are the rights you have briefly:
(a) The right to access means that you have the right to obtain confirmation from us as to whether we are processing your personal data and, if so, access to that data and information on how the data is processed. (b) The right to data portability refers to the right to receive personal data in a structured, commonly used, and machine-readable format and the right for these data to be transmitted directly to another controller, where technically feasible. (c) The right to object relates to the right to object to the processing of personal data when the processing is necessary for the performance of a task carried out in the public interest or when it pursues a legitimate interest of the controller. When personal data processing aims at direct marketing, you have the right to object to the processing at any time. (d) The right to rectification means the correction, without undue delay, of inaccurate personal data. The rectification shall be communicated to each recipient to whom the data have been disclosed, unless this proves impossible or involves a disproportionate effort. (e) The right to erasure (the “right to be forgotten”) means that you have the right to request the deletion of your personal data without undue delay if one of the following reasons applies: the data are no longer necessary for the purposes for which they were collected or processed; you withdraw your consent, and there is no other legal basis for processing; you object to the processing, and there are no overriding legitimate grounds for the processing; your personal data has been processed unlawfully; personal data must be deleted for compliance with a legal obligation; personal data have been collected in relation to the offer of information society services. (f) The right to restrict processing may be exercised if the data subject disputes the accuracy of the data for a period that allows the controller to verify the correctness of the data; the processing is unlawful, and the data subject opposes the erasure of the data, instead requesting the restriction; when Telelink no longer needs personal data for processing, but the data subject requests them for the establishment, exercise, or defense of a legal claim; the data subject has objected to processing pending verification of whether the legitimate interests of the controller override those of the data subject.
18.2 All of these rights can be exercised by a written request, signed and dated, sent to our office at str. Avram Iancu nr. 7, ap. 7, Oradea, Bihor County.
18.3 Additionally, if you have complaints or questions related to the processing of personal data, you can contact us at the email address office-ro@telelink.com or in writing at the address: str. Avram Iancu nr. 7, ap. 7, Oradea, Bihor County. Complaints regarding the processing of personal data can be addressed to the National Authority for the Supervision of Personal Data Processing.
19 WHAT WE MAY NEED FROM YOU
It is possible that we may need to request specific information from you to help you confirm your identity and ensure your right to access personal data (or exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to anyone who does not have the right to receive it. We may also contact you to request further information regarding your request to expedite our response.
20 TIME LIMIT TO RESPOND
We try to respond to all legitimate requests within one month. Occasionally, it may take longer than a month if your request is particularly complex or if you have made multiple requests. In this case, we will notify you and keep you updated throughout the process.
21 GLOSSARY
Legitimate interest means our business interest in managing and conducting our business to enable us to offer you the best service/product and the best and safest experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have