Privacy policy
I.General
provisions and definitions
1. The Privacy
policy of “The site” is based on the personal data protection requirements and
principles adopted by virtue of Regulation (EU) 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, and
repealing Directive 95/46/EC (Regulation (EU) 2016/679 or General Data
Protection Regulation).
2. The terms
listed below have the meanings assigned to them in the Regulation (EU) 2016/679
(General Data Protection Regulation) and the accompanying Policy:
Personal
data means any information relating to an identified or identifiable
natural person (‘data subject’); an identifiable natural person is one who can
be identified, directly or indirectly, in particular by reference to an
identifier such as a name, an identification number, location data, an online
identifier or to one or more factors specific to the physical, physiological,
genetic, mental, economic, cultural or social identity of that natural person;
Processing means
any operation or set of operations which is performed on personal data or on
sets of personal data, whether or not by automated means, such as collection,
recording, organisation, structuring, storage, adaptation or alteration,
retrieval, consultation, use, disclosure by transmission, dissemination or
otherwise making available, alignment or combination, restriction, erasure or
destruction;
Controller means
any natural or legal person, public authority, agency or other body which,
alone or jointly with others, determines the purposes and means of the
processing of personal data; where the purposes and means of such processing
are determined by European Union or Member State law, the controller or the
specific criteria for its
Data
subject is an identified or identifiable natural person who can be
identified, directly or indirectly, based on particular information
representing personal data;
3. “The site”
acknowledges the privacy of natural persons and makes efforts to protect them
against any unlawful processing of their personal data. “The site” applies the
relevant technical and organisational measures to protect the personal data of
natural persons in accordance with the effective legislation.
II. Processing
of personal data
4. “The site”,
in its capacity as controller of personal data, processes personal data in a
manner that ensures appropriate level of security, including protection against
unauthorised or illegal processing and against accidental loss, destruction or
damage, while applying suitable technical and / or organisational measures in
compliance with the following principles:
(a) lawfully,
fairly and in a transparent manner in relation to the data subject
("lawfulness, fairness and transparency")
(b) data is
collected for specified, explicit and legitimate purposes and not further
processed in a manner that is incompatible with those purposes
("appropriateness in the processing of personal data and purpose
limitation")
(c) adequate,
relevant and limited to what is necessary in relation to the purposes for which
they are processed ("data minimisation")
(d) accurate
and kept up to date
(e) limitation
of the storage for periods not longer than necessary for the purposes for which
they are processed ("storage limitation")
(f) processed
in a manner that ensures appropriate security of the personal data, including
protection against unauthorised or unlawful processing and against accidental
loss, destruction or damage, using appropriate technical or organisational
measures ("integrity and confidentiality").
5. “The site”,
processes personal data only if and to the extent at least one of the
conditions listed below shall apply:
(a) processing
is required for the performance of an agreement with the “The site”, under
which the data subject is party or to undertake steps at the request of the
data subject prior to the signing of an agreement with “the site”
(b) processing
is required for compliance with a legal obligation which applies to the “The
site”, in its capacity as controller of personal data.
(c) the data
subject has given consent for the processing of their personal data for one or
more specific purposes. In the cases when personal data are processed solely on
the grounds of consent, the data subject has the right to withdraw such consent
at any time. Withdrawal of the consent of the data subject is not applicable in
the cases when the processing of the data is based on the provisions of items
"a" and "b" above.
6. “The site”,
, in its capacity as controller, does not process personal data which reveal
racial or ethnic origin, political opinions, religion or philosophical beliefs,
trade union membership, and the processing of genetic data, biometric data
solely for the purpose of identification of the natural person, data concerning
health or data concerning sex life or sex orientation of the natural person
unless the data subject have given an explicit consent for the processing of
such data for one or more specific purposes.
Rights of the
data subjects (customers – natural persons whom the data relates to)
7. Right
to information (in relation to the processing of the data subject's
personal data by the “The site”, - the natural persons that are data subjects
have the right to receive information* as to the “The site”, as personal data
controller, as well as the processing of their personal data.
8. Right
of access to own personal data - the data subjects have the right to
receive from the “The site”, confirmation as to whether personal data related
to them are processed and if so, to be given access to the data and the
following information: purpose of the processing; respective personal data
categories; personal data recipients or categories of recipients, if any; the
intention of the controller to transmit personal data to a third party (where
applicable); personal data storage period; existence of the right to correct
personal data, as well as the right to object against the processing of
personal data; existence of automated decision making, including profiling (if
any); information as to all rights that the data subject has; the right to file
a complaint with the supervision authority.
9. Right
to rectification of personal data (if data is not accurate) - the data
subject has the right to request the www.WankTV.com to rectify, without undue
delay, any incorrect data pertaining to the data subject.
10. Right
to erasure of personal data (right "to be forgotten") - the data
subject may request from the “The site”, to erase personal data, if any of the
conditions listed below exist:
Personal data
are no longer needed for the purposes they have been collected for or processed
otherwise;
The data
subject withdraws his / her consent, which data processing is solely based on,
and no other legal grounds for the processing exist (processing due to
regulatory obligation of the www.WankTV.com, an agreement signed with the “The
site”,
The data
subject objects against the processing and no legal grounds for the processing
exist that prevail;
The personal
data were processed unlawfully;
The personal
data should be erased in order to comply with a legal obligation under the
European Union law or the laws of the Republic of France, which apply to the
“The site”, in its capacity as personal data controller;
The personal
data have been collected in relation to the offering of information society
services to children and consent was given by the holder of parental
responsibilities for the child.
11. Right
to limitation of processing by “The site”, or by the personal data
processor - specific conditions are required to be in place for that right to
be exercised, namely:
Accuracy / up
to date nature of the data is disputed by the data subject. In this case the
limitation of the processing is over a period of time allowing the “The site”,
to check the accuracy of the personal data;
The processing
is unlawful, but the data subjects do not wish their personal data to be
erased, but rather require limitation of their use;
“The site”, no
longer needs such personal data for processing purposes, but the data subject
requires them for establishing, exercising or defending legal claims;
The data
subject has objected to the processing while awaiting a check to be performed
whether the “The site” legal grounds prevail over the interests of the data
subject.
12. Right
to transferability (data portability) of the personal data between the
various controllers - the data subjects have the right to receive personal data
pertaining to them, which they have provided to the “The site”, in a
structured, widely used and machine readable format and have the right to
transfer such data to another controller without hindrance by the “The site”, ,
to which personal data has been provided, when processing is based on consent
or contractual obligation and the processing is automated. When exercising the
right to transferability the data subject has the right to receive also direct
transfer of the personal data from the “The site”, to another controller, where
technically feasible.
13. Right
to object against the processing of their personal data - data subjects
have the right to object before the “The site”, against the
processing of their personal data, whereby the “The
site”, shall cease such processing, unless “The site”, is able to
prove that compelling legitimate grounds for the processing exist that override
the interests, rights and freedoms of the data subject, or for the
establishment, exercising or defence of legal claims. In case of objection
against the processing of personal data for direct marketing purposes the “The
site”, shall cease such processing forthwith.
14. The data
subject also has the right not to be subject to decision based solely
on automated processing, including profiling, which ensues legal
consequences for the data subject or significantly affects the data subject
otherwise.
15. Right
to defence through judicial or administrative procedure if the data
subject's rights have been breached - if the data subjects decide that their
right to personal data protection and privacy has been violated, they may file
a complaint with the relevant supervision authority - or to file a claim with
the court to defend their rights.
II. Disclosure
of personal data
16. “The site”,
may disclose the personal data to the following categories of persons:
The persons
whom the data relate to, namely: persons using “The site”, services or
products, or persons filing a request to use “The site”, services, as well as
persons who are party to “The site”, and / or other transactions and
contractual relations with the “The site”, /;
Persons that
have right to access to personal data by virtue of law or another regulation;
Persons as to
whom the right to disclosure is stipulated in an agreement signed with the “The
site”,
III. Exercise
the rights
17. (1) In exercising
their right to access natural persons have the right to request from “The
site”, at any time:
1. Confirmation
as to whether data related to them are processed by the “The site”, ,the
purpose of the processing, the data category and recipients of such data or the
categories of recipients’ data is disclosed to;
2. To send them
a message in an understandable format, containing the personal data subject to
processing and any information available as to the source of such data;
3. Information
as to the logic of any automated processing of personal data pertaining to
natural persons, at least in the case of automated decisions under the
provisions of the General Data Protection Regulation
(2) Upon
request “The site”, provides the information under paragraph 1 free of charge.
(3) Natural
persons have the right to request at any time that “The site”,
erases,
rectifies or blocks their personal data the processing of which is not
compliant with the requirements of the effective legislation
notifies the
third parties to which the personal data of the natural persons have been
disclosed as to any erasure, rectification or blocking in accordance with item
1 above, except when this proves to be impossible or would involve a
disproportionate effort.
18. (1) Natural
persons exercise their rights by filing a written request to the “The site”, ,
containing as a minimum the following information:
name, personal
ID number, address and other data allowing identification of the respective
natural person;
description of
the request;
Signature,
date, correspondence address and telephone number.
(2) The filing
of the request is free of charge.
(3) Upon filing
of a request by an authorised person, the notarised power of attorney must be
attached to the request.
(4) In case of
death of the natural person, his / her rights are exercised by his / her heirs
and certificate of heirs shall be attached to the request.
19. “The site”,
shall review and pronounce on the request within 1 month as of its filing. This
period may be extended by further two months, if necessary. The “The site”,
informs the data subject as to any such extension within 1 month as of receipt
of the request, stating the reasons for the delay. When the data subject files
a request by electronic means, the information is provided electronically, if
possible, unless the data subject has requested otherwise.
20. “The site”,
provides an answer to the requesting person taking into account their preferred
form for the provision of the information (orally or in writing - as a hard
copy of electronically).
21. Where data
do not exist or their provision is forbidden by law, access of the requesting
party to such data is refused.
22. If the
requesting party is not satisfied with the response received and / or believes
that their rights related to personal data protection were violated, they are
entitled to exercise their right to defence.
