Valid from 25 May 2018
Protection of Clients’ Personal Data is an important priority for AS STV. This enables us to ensure a high level of transparency in relation to the processing of Personal Data.
The purpose of these Terms for the Processing of Personal Data is to inform Clients about the types of data collected by us when a Client wants to enter into a Contract with AS STV and about our purposes of collecting Clients’ data.
In addition, AS STV intends to provide an overview of Clients’ rights related to the processing of Personal Data and to inform Clients about the persons that are involved in data processing and are authorised to receive Personal Data, as well as the period of retention of Personal Data and the persons responsible for the protection of Personal Data in AS STV and the procedure of contacting them.
These Terms for the Processing of Personal Data constitute an integral part of any Contract between the Client and AS STV.
The Terms for the Processing of Personal Data can be consulted at any time on the website of AS STV, stv.ee, or at the Service Offices of AS STV.
The terms used in the Terms for the Processing of Personal Data are defined as follows:
“AS STV” – Public Limited Company STV, registry code 10059388, address Valge 6–4, Tallinn, 11413.
“Client” – natural or legal person that uses or has used the services of AS STV on the basis of a Contract, or a person that consented to the use of their Personal Data in order to receive Commercial Communications.
“Client’s Representative” – natural person that represents the Client on the basis of legislation (legal representative, such as a member of the management board of a business entity) or a Contract (for example, an employee), as well as the Client’s family member.
“Contract” – any contract between AS STV and the Client for the services or products offered by AS STV.
“Personal Data” – any information about the Client that the Client submits to AS STV in connection with the services offered by AS STV.
“Communication Data” – data generated as a result of the Client’s actions that AS STV obtains in the course of performing a Contract (for television, internet, mobile, telephony or other services), such as data about terminal equipment and software, the start and end times or duration of communication sessions, information on network locations and data transmission protocols, as well as any other information of similar type.
“Location Data” – information about the geographic location of the Client’s terminal equipment or the place of providing a service, generated as a result of the Client’s actions that AS STV obtains in the course of performing a Contract.
”Processing of Personal Data” – automated or non-automated operation or combination of operations with Personal Data or collections of Personal Data, such as collection, documentation, systematisation, structuration, retention, adaptation and modification, querying, reading, use, transmission, dissemination or disclosure by providing access by any other method, combination or consolidation, restriction, removal or destruction.
“Processor” – natural or legal person, public authority, agency or another body that processes Personal Data on behalf of AS STV.
“Commercial Communication” – any information that is intended, directly or indirectly, for promoting the offering of products and services of AS STV (for example, advertising, offers, etc.).
“Identification Document” – document issued by a government agency that includes a user’s first and last name and date of birth or personal identification code, as well as a photo or facial image and signature or signature image, unless a different requirement is established by law or subordinate legislation.
“Self-service Portal” – electronic database and information system created by AS STV, which enables the Client to conclude a Contract and which is used for the processing of the Client’s Personal Data.
“Service Office of AS STV” – representative office for serving the Clients of AS STV.
Lawfulness of the processing of Personal Data
1.1. AS STV collects and processes Personal Data for the purpose of performing a Contract or implementing pre-contractual measures in accordance with the Client’s application, and for complying with legal obligations of AS STV. AS STV collects and processes Personal Data for marketing purposes to send Commercial Communications only subject to a prior consent of the Client.
1.2. AS STV processes Personal Data for the purposes and to the extent determined by these Terms for the Processing of Personal Data or established by legislation and, subsequently, they will not be processed in a manner that is contrary to these purposes.
1.3. AS STV collects and processes Personal Data that it receives directly from the Client or that AS STV obtains as a result of the Client’s actions in the course of performing a Contract (for example, Communication Data or Location Data). AS STV collects and processes Personal Data concerning the Client that it receives from other sources (for example, registers managed by private or public entities) only when it is justified and necessary for performing the Contract or ensuring the performance of the Contract and such processing of Personal Data is not contrary to legislation.
1.4. AS STV will not use Personal Data for any purposes other than those specified in these Terms for the Processing of Personal Data or arising from legislation.
1.5. Security of Personal Data is very important to AS STV, and AS STV implements all necessary organisational, administrative and technical measures to ensure protection of Personal Data. AS STV implements all necessary measures to ensure confidentiality of Personal Data.
1.6. AS STV has the right to transfer Personal Data to a Processor appointed by AS STV in order to perform a Contract, protect the rights and interests of Clients and AS STV, or comply with a legal obligation.
1.7. Any third parties (Processors) that receive Personal Data from AS STV are under obligation to comply with the Personal Data protection requirements and to implement any measures and solutions necessary for the protection of Personal Data and for ensuring confidentiality.
1.8. AS STV does not transfer data to third countries or international organisations.
What types of data we collect and process for concluding and performing a Contract and what are the purposes of the processing of Personal Data?
1.9. Submission of Personal Data by the Client is a necessary precondition for the conclusion and performance of a Contract and an obligation that arises from a concluded Contract. To conclude a Contract, the Client provides AS STV with Personal Data upon entry into the Contract in the Self-service Portal of AS STV, or in an electronic format through e-mail upon signing the Contract with a digital signature, or on a paper medium in a Service Office of AS STV.
1.10. In order to conclude a Contract and implement pre-contractual measures, AS STV collects and processes the following Personal Data of the Client:
– first and last name of the Client or the Client’s Representative;
– personal identification code of the Client;
– contact details of the Client or the Client’s Representative (postal address, e-mail address and telephone number);
– number of the Identification Document;
– a copy of the Identification Document;
– information on the Client’s legal representative in public registers (the Commercial Register);
– Personal Data available in registers managed by private or public entities.
1.11. To facilitate implementation of pre-contractual measures for verification of the person’s identity in order to conclude a Contract, the Client or a legal/authorised representative of the Client is required to present AS STV an Identification Document of which AS STV will make a copy.
1.12. Depending on the service purchased by the Client, AS STV collects and processes, for the purpose of performing the Contract, the Client’s Communication Data, the data on services specified in the Contract (content and price of the service) and information on the Client’s equipment, including IP address and details of the security alarm system.
1.13. AS STV processes the first and last name, bank account number and invoice delivery address of the Client for the purpose of preparing and submitting invoices to the Client, keeping the required accounts, and potentially submitting debt claims, if any, to the Client.
1.14. AS STV processes the Personal Data indicated in these Terms for resolving legal disputes arising from the Contract, as well as for substantiating any claims and protecting the rights of AS STV.
1.15. In order to establish the Client’s reliability and to secure the rights and interests of the Client or AS STV, including submission of claims, AS STV is entitled to collect and process, in addition to the data submitted by the Client according to clause 1.10 and to the data arising from the performance of the Contract, Personal Data that AS STV obtains about the Client or the Client’s Representative from registers managed by private or public entities.
1.16.In case of a breach of the Contract and the resulting debt, where the payment of a claim of AS STV is overdue by more than 30 calendar days, AS STV is entitled to transmit the first and last name and personal identification code of the Client, as well as information about the amount and period of debt and information about the Contract, to a Processor authorised by AS STV, specialising in the publication of information on debtors and debts and in the collection of debts (OÜ Krediidiregister and Julianus Inkasso OÜ).
1.17. If the Client requests removal of Personal Data or restriction on the processing of Personal Data after entry into the Contract, and proper performance of the Contract is not possible with the Personal Data submitted by the Client, AS STV has the right to cancel the Contract.
What types of Personal Data do we process for marketing purposes?
1.18. AS STV processes Personal Data for marketing purposes to send Commercial Communications to the Client.
1.19. AS STV processes Personal Data to send Commercial Communications to the Client for marketing purposes only with a prior consent of the Client. The Client can consent to receiving Commercial Communications by expressing an agreement in an electronic format in the Self-service Portal or on a paper medium in a Service Office of AS STV.
1.20. To send Commercial Communications, AS STV processes electronic contact details (e-mail address and telephone number) and first and last name of the Client or the Client’s Representative. The Client can choose the electronic contact address for receiving Commercial Communications.
1.21. AS STV uses the Client’s Personal Data for marketing purposes to provide the Client with personalised offers, to inform Clients of AS STV about promotional campaigns, products or services offered, and to deliver personalised options and offers to the Client in the Self-service Portal.
1.22. The Client has the right to revoke the consent at any time and to prohibit the use of their contact details for the delivery of Commercial Communications. AS STV guarantees the Client the right of refusal through an electronic internal network by simple and easily understandable means whenever the Client’s contact details are used.
1.23. If the Client prohibits the use of their contact details for the transmission of Commercial Communications, AS STV will discontinue the use of the Client’s Personal Data for the purpose of delivering Commercial Communications.
Other operations where we may collect and process the Client’s Personal Data
1.24. To perform its legal obligations arising from legislation, AS STV can collect and process Personal Data received from the Client or Personal Data generated in the course of performance or non-performance of a Contract, for example, to answer queries of government agencies (Police and Border Guard Board, Tax and Customs Board) or courts or to respond to claims of other entities involved in settlement of claims.
1.25. Personal Data related to customer satisfaction may be collected and processed if the Client wants to participate in a relevant survey.
Rights of Clients in relation to the processing of Personal Data by AS STV
1.26. The Client has the right to request from AS STV access to their Personal Data, rectification of insufficient or incorrect data, completion of incomplete Personal Data, restriction of processing of Personal Data or removal of data, or restriction of the processing of data pertaining to the Client.
1.27. The Client has the right to be informed about the Personal Data held by AS STV concerning them in a structured, commonly used and machine-readable format, and the right to transfer this data to other data controllers without being prevented from doing so by AS STV, to which said Personal Data was originally submitted.
1.28. The Client has the right to request from AS STV access to, and rectification or removal of Personal Data about the data subject, or restriction of the processing of Personal Data, or to object to the processing of such Personal Data.
1.29. The Client has access to the Personal Data concerning them and the right to review and correct the data by electronic means in the Self-service Portal or by submitting a written request to a Service Office of AS STV.
1.30. The Client has the right to file a complaint with the Data Protection Inspectorate concerning possible violations if the data subject believes that the processing of their Personal Data constitutes a breach of legal requirements.
1.31. The Client has the right, depending on their specific circumstances, to submit objections to the processing of Personal Data about them, including to any profiling that relies on these circumstances.
Responsibility of the Client for accuracy of their Personal Data
1.32. The Client and the Client’s Representative are required to provide AS STV with accurate data about them and to inform AS STV without delay of any change in the respective data.
1.33. The Client is required to ensure security of the equipment used by the Client for the conclusion of a Contract in the electronic Self-service Portal.
1.34. The Client may not disclose to other persons the Client’s identification details (PIN) and the passwords and username used in the Self-service Portal.
1.35. The Client guarantees and is responsible for informing the Client’s Representative about these Terms for the Processing of Personal Data and ensuring proper compliance with these Terms.
Persons authorised to receive and process the Client’s Personal Data
1.36. AS STV is the data controller for the purposes of processing the Client’s Personal Data.
1.37. In order to fulfil the obligations arising from a Contract or legislation, and to protect the rights and interests of AS STV and the Client, AS STV has the right to transfer the following Personal Data of the Client to the Processors listed below:
– AS Eesti Post: first and last name and postal address of the Client for delivery of invoices and other written notifications required under a Contract;
– OÜ TBE: first and last name, e-mail address, telephone number and postal address of the Client for direct sale of the services of AS STV to the Client;
– Eesti Andmesidevõrgu AS: address of service provision if the Client receives the services of AS STV through the infrastructure owned by Eesti Andmesidevõrgu AS;
– Itella Estonia OÜ: first and last name, e-mail address, telephone number and postal address of the Client for providing the Client with courier services;
– OÜ Krediidiregister and OÜ Julianus Inkasso, specialising in the publication of information on debtors and debts and in the collection of debts in case of a breach of Contract by the Client resulting in a debt: first and last name and personal identification code of the Client, information on the amount and period of debt and on the Contract;
– Consumer Protection and Technical Regulatory Authority: first and last name and telephone number of the Client for answering queries;
– Forus Security AS: first and last name and address of the Client for providing the Client with security service;
– AS Swedbank, AS SEB Pank, AS LHV and AS Coop Pank: first and last name, personal identification code and bank account number of the Client for the preparation of electronic invoices and verification of the Client’s solvency.
Period of retention of Personal Data
1.38. AS STV only processes Personal Data during the period required for the purposes of the processing, or as long and to the extent that AS STV is required to process and retain such data under a retention period established by law.
1.39. During the period of validity of a Contract between AS STV and the Client, AS STV retains all Personal Data of the Client that have been collected about the Client for the purposes of concluding and performing the Contract.
1.40. After expiry of the Contract, AS STV will retain the Client’s Personal Data for a period of 7 years from the Contract expiry date. In case of an expired Contract, access to the Client’s Personal Data is restricted and any use of the data is only permitted for the performance of an obligation arising from legislation or for responding to a claim of the Client.
1.41. In case of a dispute between the Client and AS STV regarding a Contract and the resulting processing of Personal Data, AS STV will retain the Client’s Personal Data for as long as is necessary for resolution of the dispute.
1.42. If the purposes of the processing no longer apply and the retention period has expired, AS STV will remove the relevant Personal Data.
Data protection officer and their contact details
1.43. The e-mail address of the data protection officer appointed by AS STV is andmekaitse@stv.ee, and the postal address is Valge 6–4, Tallinn, 11413, with the note “Data protection officer” to be included on any communications. If the Client has any questions about the protection of their personal data, the Client can submit a query to the indicated e-mail address, send a written query to the indicated postal address, or file an application at a Service Office of AS STV.