GDPR Terms and Conditions
Dear website visitors,
This document contains basic information about the processing of your personal data in our company Cleartex s. r. o. We appreciate that you allow us to work with your personal data and we do everything possible to protect this data to the maximum extent possible. We strive to be as transparent as possible with you so that you are aware of what we are doing with your data and what you are entitled to in relation to the processing of your personal data.
The Information Memorandum has been created in accordance with 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 (hereinafter referred to as the GDPR) and other legislation governing the processing of personal data.
In this information memorandum you will find the following information:
- who is the data controller,
- what are the purposes of the processing of personal data,
- what are the legal titles for processing personal data,
- what are the legitimate interests for the processing of personal data,
- what personal data is processed,
- how long the personal data will be stored,
- who is the recipient of the personal data,
- whether personal data is transferred outside the EU,
- what your rights are in relation to the processing of personal data,
- whether automated decision-making is taking place.
In this information memorandum you can find the basic information that the controller must provide to the data subject under the GDPR. The Information Memorandum is available on the Company's website: www.clear-tex.cz / clear-tex.com.
If you have any questions regarding the processing of your personal data, please contact us at gdpr@clear-tex.cz / clear-tex.com. - INTRODUCTORY PROVISIONS
The purpose of this Information Memorandum is to provide Data Subjects with basic information regarding the processing of Personal Data.
For the purposes of this Information Memorandum: - Administrator:
The administrator is Cleartex s. r. o., with registered office at Ampérova 464, Liberec 23, 463 12, ID No. 25024981, registered in the Commercial Register maintained by the Regional Court in Ústí nad Labem, file number
C12746, represented by Ing. Josef Suska (hereinafter referred to as the Administrator), - the data subject:
the data subject is you, i.e. the natural person about whom the Personal Data is processed - the visitor of the Cleartex s. r. o. website (hereinafter referred to as the Data Subject).
The Personal Data Controller hereby informs you about the manner and scope of processing of Personal Data, including the scope of your rights related to the processing of Personal Data.
The Administrator is a caterer and operates the Dolicafe café for this purpose. Within the scope of this activity, Personal Data is processed by the Controller: - to the extent that they were provided in connection with an order for the Controller's products and/or services, or in connection with the negotiation of a contract with the Controller, as well as in connection with the concluded contract; and
- for the purposes set out in Article 3 of this Information Memorandum.
Personal data is not processed by any other entity. Only the Controller will have access to the Personal Data processed. - DATA PROTECTION AND PROCESSING INFORMATION
Data Subjects are subject to Act No. 110/2019 Coll., on the processing of personal data, as amended, and other relevant legislation.
The Data Subject acknowledges that by submitting the completed contact form, the processing of Personal Data by the Controller will begin.
If the Data Subject does not provide his Personal Data, it is not possible to provide him with the service of contacting the Controller using the contact form on the website. In this context, Personal Data is necessary to provide a specific service or product of the Controller.
Providing Personal Data to the Controller is generally a contractual and legal requirement. With respect to the provision of Personal Data for marketing purposes, which does not constitute the fulfilment of a contractual and legal obligation of the Controller, consent is required from the Data Subject.
The Data Subject is obliged to provide only true and accurate Personal Data to the Controller.
The Controller shall make every effort to prevent the unauthorised processing of Personal Data.
Personal data is and will be processed in electronic form in both automated and non-automated ways.
The data subject acknowledges that cookies may be stored by the company on his/her device when visiting the website www.clear-tex.cz / clear-tex.com. Information about cookies is available on the website of the controller. - INFORMATION ON THE INDIVIDUAL PROCESSING OF PERSONAL DATA
Website - communication
Purpose of processing of personal data handling of responses to enquiries made using the contact form
Legal title of processing of personal data Consent given by conduct (implied consent) - Article 6(1)(a) GDPR
Description of legitimate interest Personal data is not processed on the basis of a legitimate interest (Article 6(1)(f) of the GDPR)
Categories of personal data identification data, contact data
Description of the category of personal data name, e-mail, text of communication, voluntary data
Description of special category of personal data Special category personal data are not processed
Deadline for deletion of personal data within 4 years of receipt of the enquiry from the web contact form
or 5 years since the last joint communication
Processors of personal data Personal data are not transferred to other processors
Recipients of personal data Personal data are not transferred to recipients
Cross-border processing of personal data does not involve the transfer of personal data to third countries or international organisations
The controller does not require voluntary data to be filled in. It is at the sole discretion of the data subject whether and to what extent to provide voluntary data.
By entering voluntary data, the data subject authorises the processing of the data.
The controller does not require that the text of e-mail and other communications contain any personal data of the data subject. It is at the sole discretion of the data subject whether and to what extent they provide their personal data.
By providing personal data in the text of e-mail and other communications, the data subject authorises their processing.
Providing Personal Data is not a legal or contractual requirement.
The data subject is under no obligation to provide Personal Data.
The possible consequences of not providing the data are: the data subject will not be able to receive a response to the query raised via the contact form.
Personal data will never be stored for longer than the maximum period specified by law. After the expiry of this period, the Personal Data will be securely and irretrievably destroyed in accordance with the GDPR so that it cannot be misused. - RIGHTS OF THE DATA SUBJECT
The controller shall always handle your Personal Data in such a way that the processing is carried out correctly and securely. Your rights as a Data Subject are guaranteed and you can exercise them with the Data Controller.
The Data Subject may exercise their rights: - electronically by sending a message to gdpr@clear-tex.cz / clear-tex.com.
Another option is to send a written request to Popzor, s.r.o., Cleartex 464, Liberec 23.
A statement and further information on the measures taken shall be provided to the Data Subject as soon as possible and at the latest within one month of the request. This period may be extended by up to two months, taking into account the complexity and number of requests. The controller will inform the Data Subject of any extension and the reasons for it.
The exercise of rights is provided by the Administrator free of charge.
A reasonable fee, taking into account the administrative costs involved in providing the requested information, may be charged where the request would be manifestly unfounded or unreasonable, in particular because of its repetition.
Should the Data Subject believe that the Controller is carrying out processing of his or her Personal Data that is contrary to the protection of his or her private and personal life or contrary to applicable law, in particular if the Personal Data is inaccurate with respect to the purpose of its processing, he or she may: - request an explanation from the Administrator by email to gdpr@clear-tex.cz / clear-tex.com,
- object to the processing and request, by email sent to gdpr@clear-tex.cz / clear-tex.com, that the Controller ensure that the situation thus arising is remedied (e.g. by blocking, correcting, supplementing or destroying the Personal Data). The Controller shall promptly decide on the objection and inform the Data Subject. If the Controller does not comply with the objection, the Data Subject has the right to contact the Data Protection Authority directly. This provision shall be without prejudice to the Data Subject's right to submit his or her complaint directly to the Data Protection Authority.
Right of access:
You have the right to obtain confirmation from the Controller as to whether or not Personal Data concerning you is being processed. If it is being processed, you have the right to access that data and the following information (which is included in this Information Memorandum): - processing purposes,
- categories of Personal Data processed,
- the recipients or categories of recipients to whom the Personal Data have been or will be disclosed, in particular recipients in third countries or international organisations,
- the intended period for which the Personal Data will be stored or, if this cannot be determined, the criteria used to determine this period,
- the existence of the right to request from the Controller the rectification or erasure of Personal Data concerning you or the restriction of its processing or to object to such processing,
- the right to lodge a complaint with a supervisory authority, which in the Czech Republic is the Office for Personal Data Protection,
- all available information about the source of the Personal Data, unless it is obtained from you,
- the fact that automated decision-making, including profiling, takes place and, at least in such cases, meaningful information concerning the procedure used as well as the significance and foreseeable consequences of such processing for the Data Subject.
If Personal Data is transferred to a third country or an international organisation, the Data Subject has the right to be informed of the appropriate safeguards that apply to the transfer.
You have the right to request that the Controller provide you with a copy of the Personal Data processed. The Data Controller may charge a reasonable fee based on administrative costs for additional copies upon your request. If you make a request electronically, the information will be provided in the electronic form that is commonly used unless you request otherwise. The right to obtain a copy must not adversely affect the rights and freedoms of others.
Right to correction:
You have the right to request that the Controller correct your inaccurate Personal Data without undue delay. Taking into account the purposes of the processing, you have the right to have incomplete Personal Data completed, including by providing an additional declaration.
Right to erasure:
You have the right to request that the Controller delete your Personal Data without undue delay and the Controller is obliged to delete the Personal Data without undue delay if one of the following reasons applies: - The personal data is no longer necessary for the purposes for which it was collected or otherwise processed,
- you withdraw your consent and there is no other legal basis for the processing,
- you object to processing that is carried out on the basis of public interest and the exercise of official authority or legitimate interests of the Controller, including profiling, and there are no overriding legitimate grounds for the processing,
- you object to processing for direct marketing purposes,
- The personal data was processed unlawfully,
- The personal data must be erased to comply with a legal obligation under Union or Member State law to which the Controller is subject,
- The personal data was collected in connection with the offer of information society services to the child.
After the expiration of the period of time specified for the processing of Personal Data, the Controller deletes the Personal Data always and automatically. You may contact the Controller at any time with a request for erasure. Upon receipt of such a request, the Controller will assess the legitimacy of your right (the Controller may have legal obligations or legitimate interests for processing Personal Data on the basis of which it may continue to process your Personal Data) and will inform you of its processing.
Right to restriction of processing:
You have the right to request that the Controller restrict the processing of your Personal Data in any of the following cases: - you deny the accuracy of the Personal Data for the time necessary for the Controller to verify the accuracy of the Personal Data,
- the processing is unlawful and you refuse to delete the Personal Data and instead request a restriction on its use,
- The controller no longer needs the Personal Data for processing purposes, but you require it for the establishment, exercise or defence of legal claims,
- you object to processing that is carried out on the basis of public interest and the exercise of official authority or the legitimate interests of the Controller, including profiling, until it is verified that the legitimate grounds of the Controller outweigh your legitimate grounds.
If the processing has been restricted, such Personal Data, except for storage, may be processed only with your consent or for the establishment, exercise or defence of legal claims, for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or a Member State.
If the restriction on the processing of your Personal Data is to be lifted, you will be informed in advance by the Controller.
Right to portability:
You have the right to obtain the Personal Data concerning you that has been provided to the Controller in a structured, commonly used and machine-readable format and the right to transfer that data to another controller without hindrance from the Controller to whom the Personal Data has been provided, if: - the processing is based on consent or a contract, and at the same time
- processing is carried out automatically.
In exercising this right, you may request the Controller to transmit Personal Data directly from one Controller to another Controller, if technically feasible.
This right cannot be exercised if the 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.
Right to object:
You have the right to object at any time to the processing of your Personal Data that is processed on the basis of public interest and the exercise of public authority or legitimate interests of the Controller, including profiling. The Controller shall no longer process Personal Data unless it demonstrates compelling legitimate grounds for the processing which override your interests or rights and freedoms or for the establishment, exercise or defence of legal claims.
Where Personal Data is processed for direct marketing purposes, you have the right to object at any time to the processing of your Personal Data for such marketing, which includes profiling, insofar as it relates to such direct marketing.
If your Personal Data is processed for scientific or historical research purposes or for statistical purposes, you have the right, on grounds relating to your particular situation, to object to the processing of your Personal Data. This does not apply if the processing is necessary for the performance of a task carried out for reasons of public interest.
As required by the GDPR, this right has been explicitly mentioned and is clearly and separately stated from any other information.
The right not to be subject to automated decision-making, including profiling:
You have the right not to be subject to any decision based solely on automated processing, including profiling, which has legal effects on you or significantly affects you in a similar way.
The right cannot be used in cases where the decision is: - necessary for the conclusion or performance of the contract,
- permitted by Union or Member State law applicable to the Controller, which also provides for appropriate measures to ensure the protection of your rights and freedoms and legitimate interests,
- based on your express consent.
If the processing of Personal Data is based on a contract or explicit consent, the Data Controller shall take appropriate measures to protect your rights and freedoms and legitimate interests, at least the right to human intervention by the Data Controller, the right to express your opinion, the right to obtain an explanation of the decision made and the right to contest the decision.
Right to withdraw consent:
You have the right to withdraw your consent (or implied consent) to the processing of your Personal Data at any time. You can withdraw your consent by sending a withdrawal of consent to the following email: gdpr@clear-tex.cz / clear-tex.com.
The right to lodge a complaint with the supervisory authority:
You have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of employment or place of alleged infringement, if you believe that the processing of your Personal Data violates the GDPR.
The supervisory authority in the Czech Republic is the Office for Personal Data Protection, which can be contacted at Pplk. Sochora 27, 170 00 Prague 7, telephone number +420 234 665 111 (switchboard) or e-mail posta@uoou.cz. For more information, please contact https://www.uoou.cz/. - AUTOMATED DECISION MAKING
The processing of Personal Data does not include profiling.
The processing of Personal Data does not involve automated decision-making. - FINAL PROVISIONS
All legal relations arising in connection with the processing of Personal Data are governed by the laws of the Czech Republic, regardless of where the access to the data was made. Czech courts are competent to resolve any disputes arising in connection with the protection of privacy between the Data Subject and the Controller.
Data subjects who provide their Personal Data through the contact form for the purpose of communication with the Controller or provide consent to the processing of Personal Data do so voluntarily, on their own behalf and the Controller does not control their activities in any way.
The wording of the Information Memorandum may be amended or supplemented by the Administrator.
This Information Memorandum is effective as of January 18, 2022.