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Information clause

Legal information

General remarks

Emitel S.A. (hereinafter referred to as: Emitel) runs and administers Internet services under the following Internet addresses: www.emitel.pl, forum.emitel.pl, mux8.tv, mux.8.pl emimaps.emitel.pl (the Services), made available to persons using the Services (Service Users). In order to fully secure the rights of the Users of the Services, Emitel requests to read the following information before using the Services.

Liability

The Services are for general information purposes only. The Emitel does not give any guarantee as to the form and content of the information placed on the Services, in particular as regards the timeliness, accuracy, completeness, detail and usefulness of the information for specific activities of the Users of the Services. Emitel does not bear any liability for possible damages incurred by Users of the Services or third parties in connection with the use of the Services. Any risk associated with the use of the Services, and in particular with the use and exploitation of the information posted on the Services, shall be borne by the Service User.

Emitel has the right to change any information placed on the Services, at a time chosen by Emitel, without prior notification to the Users of the Services.

Copyright, industrial property

 

All rights to the Services, including any of its graphic elements and the layout of the pages of the Services and any other elements thereof, are reserved. The Services and all their elements are protected by law, in particular by the Act of 4 February 1994 on copyright and related rights (consolidated text, Journal of Laws of 2022 pos. 2509, as amended), the Act of 16 April 1993 on combating unfair competition (Journal of Laws of 2022 pos. 1233, as amended) and the Act of 27 July 2001 on the protection of databases (Journal of Laws of 2021 pos. 386, as amended).

Use of the Services is permitted only within the scope of the so-called permitted use of the Services User, i.e. exclusively for private and non-commercial purposes, provided that no legal rights, in particular copyrights or trademark protection rights, are violated. Use of the Services in any other way requires an appropriate written agreement with Emitel.

The EMITEL logo and other words, graphic signs or symbols identifying EMITEL S.A. or its services are trademarks of EMITEL S.A..

Other words, logos or symbols in this document that identify other parties or the goods or services of other parties may be trademarks or service marks of those other parties and remain their property.

 

Emitel is happy to review a copy of any other publication that quotes or uses content on the Emitel websites as a source.

Privacy protection

In order to protect and respect the privacy of the Users of the Websites, any personal data posted on the Websites or processed in connection with the operation of the Websites, including the data of the Users of the Websites, shall be protected in accordance with the provisions of 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 (General Data Protection Regulation) (Official Journal of the EU L 119 of 04.05.2016) – hereinafter Regulation (EU) 2016/679 of the European Parliament and of the Council.

Processed data

In connection with the operation of the Services, Emitel collects and processes the following personal data of the Users of the Services:
– e-mail addresses sent to Emitel by Users of the Services;
– information regarding the use of the Services by Users and their IP addresses based on analysis of access logs; the above data is processed by Emitel for technical purposes as well as for statistical purposes.
All the aforementioned personal data is considered by the Emitel to be provided voluntarily, in accordance with Article 7 of the Regulation of the European Parliament and of the Council (EU) 2016/679. The Emitel is not responsible in the event that any of the Service Users provides false or incomplete data or provides data by a person under 16 years of age, if this circumstance was not disclosed to the Emitel.

 

We inform that the administrator of your personal data is Emitel S. A. with its registered office in Warsaw, ul. Franciszka Klimczaka 1. The personal data will be processed on the basis of the consent referred to in Article 6(1)(a) of the Regulation of the European Parliament and of the Council (EU) 2016/679. The data will be processed in order to identify persons using the Services. Everyone has the right to withdraw the consent in question at any time, as well as the possibility of accessing the content of their data and requesting their correction, deletion, restriction of processing, objecting to processing, and data portability. The provision of data is voluntary but necessary to obtain the use of the Services. Personal data will be stored until your account is deleted.

At the same time, we would like to inform you that you have the right to lodge a complaint to the President of the Office for Personal Data Protection with its registered office in Warsaw, 2 Stawki Street.

Scope of data sharing and use

Emitel does not process personal data unless:
(a) the data subject has given his/her consent to the processing of his/her personal data for one or more specified purposes;

  1. b) processing is necessary for the performance of a contract to which the data subject is a party or to take steps at the request of the data subject prior to entering into a contract;
    (c) processing is necessary for compliance with a legal obligation incumbent on the controller;
    (d) processing is necessary for the protection of the vital interests of the data subject or of another natural person;
    (e) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
    (f) processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.

In particular, Emitel processes Users’ personal data for statistical and analytical purposes of Emitel and for the purpose of establishing or asserting potential claims or defending against such claims by Emitel – the legal basis for data processing is Emitel’s legitimate interest (Article 6(1)(f) of the Regulation of the European Parliament and of the Council (EU) 2016/679).

 

In this regard, Emitel also reserves the right to entrust personal data of Users of the Services, in the form of their aggregated statements, to cooperating agencies or services. In this case, personal data may be entrusted and used only within the framework of the legitimate interests pursued by the controller, in order to:
– monitoring traffic on the Services,
– monitor visits to the Websites,
– or for other statistical and analytical purposes of Emitel
– the legal basis for data processing is the legitimate interest of Emitel (Article 6(1)(f) of Regulation (EU) 2016/679 of the European Parliament and of the Council).

Network security – Potential risks associated with the use of telecommunications services and recommended precautions

In fulfilment of the obligation under Art. 175e. 1. of the Telecommunications Act (Journal of Laws of 2024 pos. 34), we provide a link to the website of the Office of Electronic Communications, which presents information on:
1) potential threats related to the use of telecommunications services by subscribers;
2) recommended precautions and the most common ways of securing telecommunications terminal equipment against malware or spyware;
3) examples of the consequences of not securing telecommunications terminal equipment or not securing it properly.

We encourage you to read the information presented by the President of the Office of Electronic Communications by following the link to:

https://cik.uke.gov.pl/uslugi-teleko/

Examples of sources of additional information on the security of use of telecommunications networks:

CERT Polska (CERT.PL)
CERT Orange Polska – Computer Emergency Response Team (CERT.ORANGE.PL)
Governmental Computer Emergency Response Team CERT.GOV.PL
United States Computer Emergency Readiness Team (US-CERT.GOV)

 

INFORMATION ON THE PROCESSING OF PERSONAL DATA IN CONTRACTS CONCLUDED BY EMITEL S.A.

(1) Where, for the proper performance of any agreement, it will be necessary to entrust Emitel with the processing of personal data, the controller of which is the other party, or to entrust Emitel with the processing of personal data, Emitel shall enter into a separate agreement on entrusting the processing of personal data, referred to in Article 28 of the Regulation, to the extent necessary for the performance of the agreement in question.

(2) Emitel shall comply with the information obligations provided for in Article 13 or Article 14 of the Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons in relation to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (Official Journal of the EU L 119 of 04.05.2016, p. 1) towards natural persons from whom it has directly or indirectly obtained personal data for the purpose of concluding or performing the agreement. The Emitel obtains and holds consents for the processing of their personal data, insofar as it was necessary to obtain them.

(3) In order to comply with its obligations under the law, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons in relation 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), Emitel shall apply the following rules.

(4) Emitel and the other party to the concluded agreement, each respectively as a controller of personal data, shall make available to each other the personal data necessary for the performance of the agreement, for the purpose of their processing according to the principles and for the purpose specified below.

(5) Emitel shall process the personal data provided in accordance with the Regulation and other provisions of generally applicable law that protect the rights of data subjects.

(6) Depending on the need arising from the purpose of the data processing, Emitel shall process the following provided ordinary data of persons indicated by the other party solely for the purpose of performing the contract, for the purpose of fulfilling the legitimate interests of the controller or for fulfilling the controller’s legal obligations:
a. first and last name,
b. identity card number,
c. registration number of the vehicle, if using the Emitel car park
d. telephone number,
e. e-mail address,
f. login data to the Computer System, in case access to the Computer System is granted.

(7) The processing of personal data shall be carried out on paper, using ICT systems and video surveillance or technical security systems.

(8) Emitel shall secure personal data by applying appropriate technical and organisational measures ensuring an adequate degree of security corresponding to the risks involved in the processing of personal data.

(9) Emitel shall exercise due diligence in processing personal data.

(10) Emitel shall grant authorisations to process personal data to persons who will process personal data for the purpose of performing the agreement.

(11) Emitel shall cooperate with the other contractual party in responding to the data subject’s requests as described in Chapter III of the Regulation.

(12) Emitel shall notify the other party of a breach of personal data protection without undue delay, no later than within 48 hours. The information provided to the other party shall include at least:
a. a description of the nature of the breach and, if possible, an indication of the category and approximate number of persons whose data have been breached and the amount/type of data affected by the breach,
b. a description of the possible consequences of the breach,
c. a description of the measures applied or proposed to be applied to remedy the breach, including the minimisation of its negative effects.

(13) Emitel shall process the personal data received from the other party until the date of expiry or termination of the agreement or until the statute of limitations for claims under the agreement or actions of the controller related to the performance of the agreement.

(14) Within 30 days after the termination of the Agreement, Emitel shall delete the personal data received from the other party from all media, programmes and applications, including copies, unless the obligation of their further processing results from separate legal regulations or is necessary for the implementation of legally justified interests of the administrator.

(15) To the extent not regulated above, the provisions of Regulation (EU) 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 shall apply accordingly.

(16) The administrator of the personal data contained in the agreement and processed in connection with the performance of the agreement is Emitel S.A., with its registered office in Warsaw, ul. Franciszka Klimczaka 1, which may be contacted by letter to this address or by e-mail to compliance@emitel.pl with the note “Concerning personal data”. Emitel S.A. has not appointed a Data Protection Officer. Personal data will be processed for the purpose of performing the contract, including in particular the performance of its subject matter or securing the possibility of asserting potential claims, on the basis of Article 6(1)(b) or (f) of Regulation (EU) 2016/679 of the European Parliament and of the Council. Data subjects have the right to access the content of their data and to request their correction, deletion, restriction of processing, as well as data portability. The provision of data is voluntary, but necessary to fulfil the purpose of the processing. Personal data will be stored until the statute of limitations or expiry of claims.

We received the personal data:
(a) from the entity represented by the person concerned, or
(b) from an entity that is a contractor of Emitel S.A. or its contractor.
Personal data will not be profiled or processed in an automated manner.

  1. recipients of personal data may be:
    – public administration authorities,
    – other natural persons, legal entities, organisational units without legal personality, which are used by Emitel or a third party acting within the scope of Emitel’s powers to perform duties or rights under the agreement,
    – entities with capital ties to Emitel and persons forming part of their bodies,
    – attorneys, legal advisors, tax advisors or other professional advisors.

 

Persons whose personal data are processed have the right to lodge a complaint with the President of the Office for Personal Data Protection with its seat in Warsaw, ul. Stawki 2.