Terms and Conditions

FOR THE USE OF ONLINE CEZ ESCO ROMANIA APPLICATIONS, PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.ACCESSING THE ONLINE APPLICATIONS CONSTITUTES YOUR AGREEMENT ON THE USE TERMS AND CONDITIONS, AS WELL AS YOUR IMPLICIT AGREEMENT ON DATA PROCESSING AND USE OF APPLICATIONS. WHERE THE LAW REQUIRES AN EXPRESS, SPECIFIC AND UNEQUIVOCAL CONSENT FOR THE COLLECTING AND PROCESSING OF VARIOUS PERSONAL DATA CATEGORIES, WE SHALL REQUEST THIS CONSENT ACCORDING TO THE LAW.

THE SERVICES THIS SECTION PROVIDES ARE RESERVED TO PERSONS ABOVE 18 YEARS OF AGE. CEZ ESCO ROMANIA RESERVES THE RIGHT TO USE THE AVAILABLE TECHNICAL MEANS TO VERIFY THE AGE OF ITS USERS.

I. CONTROLLERS

CEZ ESCO Romania S.A., is a two-tier company with offices in Bucharest, Sector 1, 2B Ion Ionescu de la Brad Boulevard, 2^nd floor.

II. TERMS AND CONSEQUENCES OF USING THE ONLINE WEBSITE/APPLICATIONS

All information on this website is deemed general information. All the information presented on this website is valid only for CEZ ESCO ROMANIA S.A. and its affiliates and is owned by CEZ ESCO Romania S.A.

CEZ ESCO Romania S.A. has all intellectual property rights on trademarks, service marks, logos, images and all other materials presented on this website. The reproduction, distribution or publication in any form of the contents of materials presented on this website, by any person, without the previous express agreement of CEZ ESCO Romania S.A. is forbidden.

CEZ ESCO Romania S.A. allows the viewing and downloading of materials from its website exclusively for personal, noncommercial use, on the condition of keeping all ads on copyrights and other elements on intellectual property existing in original documents in the downloaded/copied materials – without altering them. The following are forbidden: modifying the materials on this website, reproducing them, displaying, running or distributing them publicly, using them for public or commercial purposes, using these materials on another website or in any computerized environment connected to the network.

The materials published on this website exclusively belong to CEZ ESCO Romania S.A. and/or its partners. Any unauthorized use of them of CEZ ESCO Romania S.A. marks constitutes a breach of the copyright and trademarks laws, as well as other applicable legal rules in force. The failure to observe any of these Terms automatically leads to the cancellation of the right to use this website and your obligation to immediately destroy all downloaded or printed materials.

CEZ ESCO Romania S.A. is not liable for the continuous operation of the services/applications, the compatibilities between CEZ ESCO Romania S.A. applications and the applications used by users, nor for the use of applications by fraudulent/abusive means and methods by any person.

CEZ ESCO Romania S.A. cannot control and we do not provide any suggestions, guarantees or conditions on the security or content of extreme information that pass from the User network via Internet for the access and use of CEZ ESCO Romania S.A. services/applications. The services are available through Internet – network not under the direct or indirect control of CEZ ESCO Romania S.A.

CEZ ESCO Romania S.A. shall make all reasonable efforts to maintain the security of information and we shall take proper technical and organizational measures for assuring data security, but we cannot guarantee that the information the User receives or sends using the services through Internet shall be permanently safe. Thusly, CEZ ESCO Romania recommend you permanently verify the security policies of your browser, as well as the terminal used for accessing the service, as they must have a software against viruses of any type or any cracking or hacking-type external attacks.

The user declares and guarantees that they have the legal right to access CEZ ESCO Romania S.A. services/applications and/or they were authorized/empowered by the holder for all actions they perform in CEZ ESCO Romania S.A. applications.
The user cannot use and/or allow any third person to use CEZ ESCO Romania S.A. services/applications for immoral or illegal purposes. The user is bound to keep the confidentiality of the access information to CEZ ESCO Romania S.A. services/applications, being solely responsible for any consequences of disclosing such access information to a third party, irrespective of whether the disclosure was intended, due to negligence or imprudence.

The user is directly responsible for all their actions and errors that lead to material losses and/or prejudices of any kind, for themselves or for third parties, irrespective of whether they acted with intent, due to negligence or imprudence (having as consequence, for example, the facilitation of unauthorized transactions or fraudulent access attempts). The user can have access to CEZ ESCO Romania S.A. services/applications 24 h/day, 7 days/week, except for the times when CEZ ESCO Romania S.A. services/applications are restricted or suspended for technical reasons.

The users affecting the security of systems or networks or who attempt on their integrity shall bear the (criminal or civil) consequences set by the applicable legal rules.

CEZ ESCO Romania S.A. shall due all diligences and efforts so that their applications/services operate at maximum parameters in order to send all updated data and information. However, CEZ ESCO Romania S.A. does not guarantee that the applications/services and pages on the website www.cezesco.ro do not contain errors or permanently operate at maximum parameters, therefore CEZ ESCO Romania S.A. shall not be legally liable for any inadvertence or wrong information presented in their applications, but we shall take all necessary measures for the fast remedy of all possible errors.

III. TERMS AND CONDITIONS ON PERSONAL DATA PROCESSING

CEZ ESCO Romania S.A. assures the User legally using CEZ ESCO Romania S.A. applications of keeping the confidentiality of their personal data and observing their right to the protection of private life, with respect to processing their personal data. This obligation does not survive if such information is disclosed by the User to any persons or in case such information is known by other persons in a fraudulent manner, not involving the fault of CEZ ESCO Romania S.A. or in case CEZ ESCO Romania S.A. is bound to disclose it by applicable enactments in force.

If the User’s refusal to personal data processing leads to the impossibility to provide electronic communication services or the impossibility to make available the services of the website and applications, CEZ ESCO Romania S.A. shall be exonerated of any liability for the prejudices suffered by the User in this respect.

Personal data processing is performed directly by CEZ ESCO Romania S.A., as well as through attorneys, according to the provisions of GDPR, by manual/automated means, observing the security requirements for personal data processing. The personal data is disclosed only to authorized persons, according to conditions set by proper technical and organizational procedures for keeping the confidentiality of personal data, for protection against accidental or illegal destruction, loss, disclosure or unauthorized access, according to the applicable laws and GDPR.

According to GDPR, concerned persons have the following rights:

• Right to access – the subjects are entitled to request a copy of their personal data held by CEZ ESCO Romania S.A.;
• Right to rectify – the subjects are entitled to request the correction of their personal data held by CEZ ESCO Romania S.A., in case they are inaccurate, incorrect or incomplete;
• Right to be forgotten – under certain circumstances, the subjects may request their personal data held by CEZ ESCO Romania S.A. to be erased from CEZ ESCO Romania S.A. records;
• Right to restrict processing – under certain conditions, the subjects may request the restricting of processing of their personal data held by CEZ ESCO Romania S.A.;
• Right to portability – under certain conditions, the subjects are entitled to request the transfer of their personal data held by CEZ ESCO Romania S.A. to another organization;
• Right to oppose processing – the subjects are entitled to oppose the activities of their personal data processing, in cases justified by their personal circumstances; when the processing for which the right to oppose is exercised has as purpose direct marketing activities, the subject can oppose at any time and unconditionally the processing of their personal data.
• Right to oppose processing implying automated decision making (e.g. creating profiles) – the subjects are entitled to oppose their personal data processing involving or resulting in automated decision making (for example by creating profiles).
• Right to send notifications – for any breaches of their rights on the protection of their personal data held by CEZ ESCO Romania S.A., the subjects may send notifications and petitions using the contact details below and, in case of an unsatisfactory answer, to the person in charge of data protection in CEZ Group and/or the relevant authorities (ANSPDCP).

IV. FINAL PROVISIONS

CEZ ESCO Romania S.A. reserves the right to amend this document at certain time intervals without personally notifying each User and without the express agreement of the Users in this respect. The changes shall be notified to the Users by displaying them on the website at www.cezesco.ro and/or in CEZ ESCO Romania online applications and they shall be deemed accepted by the User if they continue to use the service after their display on the specified channels.

CEZ ESCO Romania S.A. recommends you permanently check our website in order to be updated about any change of the Terms and Conditions in this document or other similar documents, especially before any access of the website or use of the application and to notify us if there are changes not corresponding to your beliefs. Otherwise, we consider you tacitly accepted the terms and conditions of using the website/application and/or personal data processing. In case the law requires it, in the context of these changes, the receipt of the express, specific and unequivocal consent on the collection and processing of certain categories of personal data, we shall request this consent according to the law.

CEZ ESCO Romania does not undertake the responsibility for the impossibility to comply with the obligations provided in this document as a result of any case outside its control, inclusively, but without limitation to fortuitous events, unfavorable meteorological conditions, actions or inactions of the government, other networks, third parties or competent authorities for which CEZ ESCO Romania S.A. is not liable.

This website (except for the links to external websites) is controlled by CEZ ESCO Romania S.A.

By accessing this website, the Users accept that any disputes related to it shall be governed and interpreted according to the Romanian laws and addressed for settlement to the common law courts of law in Romania.

This website can be accessed anywhere on Romanian territory and outside it (in other states), to the extent allowed by the technical conditions. CEZ ESCO Romania S.A. does not guarantee in any way that through its contents, this website complies with the laws applicable in other countries outside Romania (inclusively referring to intellectual property).

The users confirm they read and accept the stipulated terms and conditions. The use of the service involves the full acceptance of these terms and conditions.

In case you do not agree to the specified terms and conditions, please do not use this website.

Cookies Policy

Cookie is a small size (alphanumerical) file stored on the computer, mobile device or any other equipment the user uses to access the internet. It does not contain software, viruses or spyware and it cannot access the information stored on the user’s hard-drive. Cookies do not require personal information for use.

The website www.cezesco.ro uses own as well as third-party cookies, in order to facilitate a superior navigation experience for users and services according to their specific needs.

The cookies’ role is to permanently improve the navigation experience in the website, through the following aspects:

• The possibility to customize various settings
• Obtaining certain information, based on history, in terms of the way the website is used, thusly facilitating the provision of a superior use experience (e.g. remembering the preferences of a user and removing the need to set certain matters on each navigation)
• The integration of certain multimedia or other applications, from other websites, in CEZ ESCO Romania SA
• The analysis of visitors and traffic on the website
• Geographic targeting (geotargeting), providing the possibility to adjust the contents depending on the user location
• Taking information from registration and determining the access of that person to certain services, depending on the account specifics or
• Allowing the registration of the number of visits of an online ad and determining its type

Cookies store information in a small size text file, allowing the website to recognize a browser, and it shall recognize it until that cookie expires or is erased.

Cookies are important as they support the efficient operation of the Internet, allowing users a navigation adapted to their preferences and interests. The deactivation of certain cookies may make certain section or services of the website unusable. The refuse to accept cookies does not mean you cannot see online advertising on the website.

Provisions on the data security and confidentiality

The services are provided through Internet, network not under the direct or indirect control of CEZ ESCO Romania SA. However, we provide proper technical and organizational measures for guaranteeing data security, but we cannot make sure the information the user receives or uses through Internet is permanently safe. Moreover, CEZ ESCO Romania SA suggests you verify the security policies of your browser, as well as the used terminal, in terms of software against viruses of any gender or any hacking or cracking-type external attacks.

Cookies are not viruses, but they may be used for damaging purposes, as spyware.

Browsers are provided with confidentiality settings that offer various levels of cookies acceptance, validity and automatic erasure after the user visited a website. The user can refuse to accept cookies continuously by accessing certain settings of the used browser, as follows:

·Internet Explorer

1. Access Internet Explorer →
2. Click “Tools” →
3. Click “Internet Options” →
4. Click “Confidentiality”

·Mozilla Firefox

1. Access Mozilla Firefox →
2. Click “Firefox” (Tools menu in Windows XP) →
3. Click “Options” →
4. Select panel “Confidentiality” →
5. Select option “Firefox shall use customized settings for history →
6. Check the box “Accept cookie-uri” for their enabling and uncheck for disabling

·Google Chrome

1. Access Google Chrome →
2. Click the menu Chrome on the tools bar of the browser →
3. Select “Settings” →
4. Select “Advanced settings” →
5. Select sheet “Confidentiality” →
6. Select section “Cookies”

·Safari

1. Access Safari →
2. Access section “Preference” →
3. Access section “Privacy” →
4. Access section “Block Cookies”

However, remember that disabling certain cookies can make certain sections or services of the website unusable.

About Data Protection 

In compliance with the legal provisions in effect as at 25 May 2018 (General Data Protection Regulation No. 679/2016 – “Regulation”), at the level of the CEZ Group in Romania, which includes the following companies: CEZ Romania, CEZ Vanzare, Distributie Energie Oltenia, CEZ Trade Romania, TMK Hydroenergy Power, Tomis Team, Ovidiu Development, MW Team Invest, CEZ ESCO Romania, a number of measures were defined and implemented for the purposes of ensuring compliance with the Regulation.

Ensuring the protection and adequate use of personal data is a permanent priority for us. We are constantly improving data security and confidentiality measures at technical and organizational level in order to ensure the highest standards. We are currently channeling our efforts into ensuring compliance with the requirements of the Regulation which consolidates data subject rights and data processing security at EU level.

In compliance with the Regulation, personal data means any information relating to an identified or identifiable natural person; 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.

Therefore, the CEZ Group in Romania complies with its obligations under the national laws and performs in line with the Regulation the following actions:

• Updates personal data;
• Safely stores and destroys such data;
• Avoids the collection or retention of excessive quantities of data;
• Implements adequate technical measures to protect personal data;
• Protects personal data against loss, misuse, unauthorized access and disclosure.

Legal ground for processing your personal data

The CEZ Group in Romania may process your personal data based on one or more of the legal grounds set out below:

• The data subject has given consent to the processing of his/her personal data for one or more specific purposes;
• Performance of a contract: processing is necessary for the performance of a contract  to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;
• Compliance with legal obligations: processing is necessary for compliance with obligations to which the controller is subject based on specific laws or other regulatory acts;
• Vital interests of the data subject: processing is necessary to protect the vital interests of the data subject or of another natural person;
• Public interest or public authority: 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.
• Controller’s legitimate interest: 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.

Transfer of personal data to other entities

There may also be cases when we must transfer your personal data to our service providers. Any third parties to whom we provide your personal data must keep such data safe and only use them to provide the service rendered on our behalf. When they no longer need your personal data to provide such service, they will destroy them based on the procedures in effect. When we must send your sensitive data to such providers, we will do so only after procuring your consent, if there is no legal ground for such transfer.

Period of processing/retention of your personal data

We also inform you that we will not keep your personal data for longer than it is reasonably necessary, in compliance with the purposes of this processing or in line with the applicable legal obligations.

Your rights concerning your personal data

Unless you are subject to any exception under the Regulation, you have the following rights concerning your personal data:

• Right of access – you have the right to request a copy of the information held by us about you;
• Right to rectification – you have the right to rectify the data held by us about you, if such data become inexact, inaccurate or incomplete;
• Right to be forgotten – in certain circumstances, you can request that the data held by us be erased from our records;
• Right to restrict processing – in certain circumstances, you have the right to request the restriction of data processing;
• Right to portability – you have the right to request the transfer of the data held by us about you to another organization, if the applicable conditions with respect to such data are met;
• Right to object – you are entitled to object to certain types of processing, such as, for example, processing for direct marketing purposes. Your right to object to the processing of your data for direct marketing purposes is absolute and will in no way be denied;
• Right not to be subject to a decision based solely on automated processing (e.g. profiling) – you also have the right not to be subject to the legal effects of automated processing or profiling;
• Right to lodge a complaint – if we deny your request to access your data, we will provide grounds for such denial. If you are dissatisfied with our response, you may address the Data Processing Officer within the CEZ Group in Romania and further refer to the relevant authorities (ANSPDCP).

Special circumstances

• Transfer of data abroad – If your data are transferred to countries or territories outside of the EU, we will provide you with details about how your data will be protected and how we ensure the relevant safeguards.
• Automated decision-making – If we develop an automated decision-making process involving personal data processing, we will provide details about any such processing together with information concerning the logic involved and the significance and consequences of processing.
• Further processing – If we intend to use your personal data for new purposes which are not covered by this Data Processing Notice, we will send you a new notice explaining such new use before commencing the processing and determining the relevant purposes and processing conditions. Whenever necessary, we will seek to procure your prior consent for such further processing.