TERMS AND CONDITIONS
I. Intellectual property rights
1.1. The website www.responsabilitatetelekom.ro (the “Website”) is owned and administrated by TELEKOM ROMANIA COMMUNICATIONS S.A. and TELEKOM ROMANIA MOBILE COMMUNICATIONS S.A. (“TELEKOM ROMANIA”).
1.2. The Website and all its contents, including, without limitation, all materials that website contains any form or contents, without limitation, written text, images, documents, audio, video or audio-visual, logos, slogans etc. (”Content”) is owned by TELEKOM ROMANIA.
1.3. Subject to the provisions of Chapter 3 below, is strictly forbidden copying, reproduction and/or otherwise use of the Content and any parts thereof without the prior written permission of TELEKOM ROMANIA
II. Terms for use of the Website
2.1. General conditions of access and use (the “Terms and Conditions “), as detailed below, are fully applied permanently and unconditionally all visitors/users of the Website.
2.2. By accessing and using this Website, its Content, the user implicitly acknowledges and accepts these Terms and Conditions, which supersede all other previous agreements. Therefore, if the Website Terms and Conditions are not acceptable to the user, it is advisable to immediately cease use of the Website.
2.3. This Website is intended to inform the public about corporate responsibilities strategy and functioning, activities and programmes run by TELEKOM ROMANIA in the sustainability field.
2.4. Through this Website is not achieved promotion or references to products and services TELEKOM ROMANIA, its activities, business plans, relationships with business partners, organizational structure etc. Such information can be accessed by visiting the website www.telekom.ro.
2.5. The Website Content is informative and does not create legal relations or obligations for TELEKOM ROMANIA. Accessing the Website and/or participate in any way in its programme activities described on the Website does not create any rights for users or third parties in relation to TELEKOM ROMANIA.
2.6. The access to the Website may be restricted or suspended at any time without notice, including for security reasons during the execution of a session or maintenance, without any right to compensation from TELEKOM ROMANIA.
III. Obligations and rights of the Website’s users
3.1. The Content can be downloaded only for the purpose for which it was created by the Website, for personal and non-commercial nature and subject the user to respect copyright and any other related intellectual property rights.
3.2. It is not allowed to distribute, modify, copy, transmit, display, reuse, reproduce, publish, license, create derivative works from, or transfer, sell or use it in any other way without the prior written consent of TELEKOM ROMANIA, unless it is otherwise provided in the current Terms and Conditions.
3.3. It is forbidden the use of the Website to post or transmit any material that is threatening, false, misleading, abusive, harassing, obscene, libellous, vulgar, obscene, scandalous, inflammatory, pornographic or profane material or any other material that could constitute or encourage conduct contrary to any provisions of law, public order or morality, or the liability could lead to civil, administrative, disciplinary, criminal or otherwise, or would otherwise violate the law. TELEKOM ROMANIA will cooperate with any authorities designated for law enforcement purposes and will comply with any court order or request the competent bodies requiring disclosure of the identity of any persons who post or transmit any information or material of this kind or through the Website.
3.4. It is forbidden the use of the Website to advertise or perform any sort of request/offer of trade.
3.5. TELEKOM ROMANIA reserves the right at any time to order measures restricting access to any user/visitor that violates the Terms and Conditions or are suspected of infringing copyrights and/or other intellectual property rights.
4.1. Any personal data such as name, address, telephone number or e-mail collected by electronic mail or by any other means will be used in accordance with policy regarding personal data (Chapter 8 below).
4.2. Subject to the provisions of Chapter I. above, any communication or material transmitted to the Website, such as questions, comments, suggestions or other messages of this kind will be considered non-confidential and protected by intellectual property rights determined.
V. Modification of the Website Content
5.1. TELEKOM ROMANIA does not assume any liability for the way in which access and/or use the Website Content by users or the implications that could result from access to and/or use.
6.1. Access to and use of the Website is a choice of the user. Each user is solely responsible both for its own account or activities within and for accuracy, fairness and legality of the information provided when using the Website.
6.2. TELEKOM ROMANIA does not assume any responsibility and shall not be liable for any damage that may arise from accessing or using the Website, downloading any material, information, text, image, video or audio from this Website.
6.3. TELEKOM ROMANIA does not assume any liability of any errors or failures of software used in connection with the visit/use of the Website and cannot be held liable for errors occurring in connection with sending/receiving e-mail messages.
VII. Links to third party websites
7.1. The Website may contain links to other websites. Accessing these links is the free choice of the user.
7.2. For such websites, the concerned website owners shall bear full responsibility. For the avoidance of doubt, TELEKOM ROMANIA does not control and is not responsible for the privacy, security and functionality of these websites. Also, TELEKOM ROMANIA shall not be responsible for the content, quality or nature of websites that can be accessed through links on the Website and shall not permit or any other content provided on products and services such websites. If the user enters through a link on these websites, they personally assumes any kind of risks.
7.3 Without limiting to all that is mentioned above, TELEKOM ROMANIA specifically disclaims any responsibility if such websites:
- Violates the intellectual property rights of a third party;
- Are inaccurate, incomplete or contains misleading;
- Merchantable or fit for a lawful purpose, moral and according to public order;
- Do not provide adequate security;
- Contain viruses or other destructive elements;
- They are licensed, slanderous or in any way adversely affecting the interests or rights of the user, but not limited to the above.
VIII. The policy regarding personal data
8.1. General Provisions
8.1.1. The website respects the privacy and private life of its users. Also, the site in question complies with current legislation regarding the protection of personal data such as Law 677/2001, Ombudsman Order no. 52/2002 and Law 506/2004
8.1.2. The following are general information about personal data which the Website may collect and how these data can be processed. Also, instructions are provided if the user does not want his/her personal data to be collected and disseminated when visiting the Website.
8.2 The protection of personal data
8.2.1. TELEKOM ROMANIA COMMUNICATIONS S.A. and TELEKOM ROMANIA MOBILE COMMUNICATIONS S.A. (both named in the following “TELEKOM ROMANIA) undertake to comply with the applicable legislation on the protection of personal data. By using the Website you agree explicitly and unequivocally that TELEKOM ROMANIA uses the personal data which you may provide to the purposes set out in the Terms and Conditions of the Website.
Telekom Romania Communications S.A. is registered to The National Supervisory Authority For Personal Data Processing under no. 292 and Telekom Romania Mobile Communications S.A. under no. 3076 as data controllers.
Data provided by the users of the Website are strictly confidential. TELEKOM ROMANIA is committing to the users of the site to do not provide such data to unauthorized third parties.
The data that will be collected and processed by Telekom Romania for the purpose of the Website are the following but not limited to: technical data provided for receiving the access to the website like traffic data and IP address, data collected through cookies (Cookies Policy). Moreover, if the user agrees with receiving CSR news, other information or to send a feedback form, the user, in its quality of data subject, has to provide his/her e-mail address.
8.2.3. TELEKOM ROMANIA ensures all user of personal data confidentiality. This obligation does not apply to any information disclosed to third parties by the users themselves.
8.2.4. According to Law no. 677/2001 on the protection of individuals with regard to the processing of personal data and the free movement of such data and the Law. 506/2004 concerning the processing of personal data and privacy in the electronic field, updated, TELEKOM ROMANIA undertakes to safely manage the personal data provided by the Website users and process them only for the purpose of providing the service of this Website.
8.2.5. TELEKOM ROMANIA undertakes to apply in relation to the personal data of its users appropriate technical and organizational measures to protect personal data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure or access, in particular where such processing behave transmissions data within a network, and against all other unlawful forms of processing.
8.2.6. In accordance with the applicable legislation, the user, in its quality of a data subject, has the following rights: the right to information, the right to access his data, the right to intervene on the data, the right to opposition, the right not to be subjected to an individual decision and the right to appeal in court (Law 677/2001 ).
8.2.7. The rights referred to in art. 8.2.6. include:
- a) the right to obtain, on request and free of charge for one request per year, the confirmation that data concerning him/her are processed by the data controller;
b) the right to object at any time, on compelling legitimate grounds, relating to his particular situation, to the processing of his/her personal data , unless there are legislative provisions to the contrary. In case of justified opposition, the processing will not include anymore the respective data;
c) the right to object at any time, free of charge and without justification, to the processing of the data concerning him/her to be processed for marketing purposes;
d) the right to go to court if the data subject suffered damage as a result of the processing of his/her personal data by the data controller
e) the right to submit a complaint to the supervisory authority if the data subject considers that his/her personal data were not processed according to the applicable legislation
8.2.8. Exercising the rights of information, access, intervention and opposition to the processing of personal data is done by submitting a written request, dated and signed, mailed to TELEKOM ROMANIA headquarters of the Free Press Square , no. 3-5, City Gate building, et. 18, sector 1, Bucharest. The request shall specify if desired information should be communicated to a certain address (e- mail) or by a mail service delivery to ensure confidentiality. TELEKOM ROMANIA will communicate the actions taken or requested information within 15 (fifteen) days of receipt of the request.
8.2.9. Personal data can be transmitted, following a specific request issued by the legal and public authorities and/or public institutions with responsibilities in preventing and combating illicit actions/cybercrime, in order to check commercial transactions or to carry out checks justified under the law.
8.2.10. The user undertakes to immediately notify in writing any changes regarding his/her personal data. These changes will become opposable to TELEKOM ROMANIA from the moment of communicating the conditions that ensure the authenticity and integrity. Otherwise, TELEKOM ROMANIA will not assume its liability for the accuracy of the outdated user data.
8.2.11. Any attempt to access, use or modify another user’s personal data is strictly prohibited and is punishable under the applicable criminal law, as appropriate. TELEKOM ROMANIA does not promote unsolicited transmission of electronic messages (SPAM).
8.2.12. Also, you agree expressly and unequivocally that such personal data can be transferred by TELEKOM ROMANIA, both to affiliates and to other entities from the group, domestically or abroad for the purpose of providing the website services.
8.2.13. When the user provides personal data, www.responsabilitatetelekom.ro can use them in the following declared purposes, if others not mentioned specifically:
- the storage and processing of that information to better understand user’s needs and to improve communication with them;
- to contact the user in order to respond to a request which he has sent to TELEKOM ROMANIA .
8.2.14. TELEKOM ROMANIA takes all necessary measures to preserve confidentiality and security of users’ personal data, it will process with good faith and securely in compliance with all technical-organizational measures for data processing and will disclose to only authorized third parties under the applicable law in force. These include, but are not necessarily limited to: (i) storing your personal information in secure operating environments that are not available to the public and are accessible only to authorized employees of TELEKOM ROMANIA and affiliates and collaborators; (ii) use of standard encryption technology to protect the security of certain sensitive personal information, if any, during transmission to our sites and, (iii) verify the identity of the site users register before they can access their personal information.
8.2.15. The Website users are guaranteed the rights under the applicable law, including, but not limited to the right of access to data, the right to object, the right to rectify the data etc.
8.2.16. In some cases, www.responsabilitatetelekom.ro may collect automatically (not through voluntary registration) technical information and no user identification data (which retain their anonymity). This technical information can be, but not restricted to: the type of Internet browser used, operating system, domain name or domain host from which the user came to the site.
8.2.17. In what regards to personal data published via the Website, TELEKOM ROMANIA will collect the consent of the persons concerned by a declaration before they are published on the Website.
IX. Revisions to Terms and Conditions
9.1. TELEKOM ROMANIA reserves the right to modify, add or revise the Terms and Conditions of the Website at any time without any prior notice.
9.2. Any use of the Website after changing these Terms and Conditions means that the user implicitly agrees with the changes.
X. Applicable law. Litigation
10.1. The Terms and Conditions shall be governed by, and construed and interpreted in accordance with the Romanian law.
10.2. Users agree that any disagreement about using the Website shall be submitted to the competent courts of Bucharest.