The Privacy Policy (“Policy”) describes the method of collecting, retaining and other processing of personal data of ALPHAFLY MEDIA s.r.o., with its registered office at Rybná 716/24, Staré Město, 110 00 Prague 1, ID No.: 08986819, entered in the Commercial Register maintained by the Municipal Court in Prague, file No. C 328727 (“AFM”), in connection with the use of the website www.xfree.com (“Website”).

The Policy complements and is an integral part of the Terms and Conditions applicable to the services provided through the Website (“Terms”), or the terms of other AFM services to which this Policy explicitly refers, and applies to personal data collected and processed by AFM. Capitalised definitions/terms provided in the Terms have the same meaning in this Policy.

The protection of privacy and personal data protection is a priority for AFM and the processing of personal data is considered strictly confidential. Personal data are handled in accordance with applicable legal regulations regarding the protection of personal data, in particular, with General Data Protection Regulation (EU) 2016/679 (“Regulation”).

AFM is entitled to change this Policy at any time with immediate effect. You will be informed about such changes. If this Policy is changed in a way which requires your consent, we will ask you for it.

The latest version of this Policy is available at the footer of our Website and in the link in the relevant section of the Website.

  1. General Information

    AFM is a controller of your personal data within the meaning of the Regulation, i.e. collects, retains and uses (and otherwise processes) your personal data in connection with its business activities (individual purposes of personal data processing are specified below).

    Without your consent, AFM is entitled to process only such personal data that are necessary for the performance of the Contract and other contracts concluded with you, or for the fulfilment of AFM’s legal obligations, or for the purposes of legitimate interests. In other cases, AFM only processes your personal if you have provided AFM with your consent to the processing of your personal data.

    AFM’s processing of personal data is both manual and automated. Automated processing of personal data is used in order to perform the Contract, in particular, to ensure internal processes within AFM and its contractual partners that are necessary for the provision of Services. Automated processing of personal data is also used if consent to sending marketing communications is granted.

    The Policy thus describes the purposes and methods of personal data processing, informs about individual categories of processed personal data, their potential recipients, retention periods and your rights in relation to personal data protection.

  2. Purposes for processing personal information

    AFM may process your personal data for the following purposes:

    1. Performance of the Contract, or other contracts (in particular, the performance of the Contract under which the User is entitled to use the Services);

    2. Fulfilment of legal obligations (i.e. transfer of personal data to public authorities in accordance with applicable legal regulations);

    3. Protection of the controller’s legitimate interest (protection of AFM’s rights and interests protected by law, e.g. protection against misuse, detection of online frauds);

    4. Sending commercial communications (AFM may send commercial communications by e-mail, SMS/MMS or postal service providers);

    5. Handling Users’ requests (e.g. using the possibility to contact AFM); and

    6. Sending personalised commercial communications (exclusively with your consent, AFM may send relevant commercial communications based on voluntarily provided data and your previous behaviour).

  3. Individual Groups of Processed Data

    1. Personal Data Processing Related to Websites

      In connection with your activities and depending on the scope of your activities, the Website may process the following personal data:

      Data of Data Subjects Purposes of processing:
      Name (nickname) performance of the Contract, fulfilment of legal obligations, protection of the controller’s legitimate interest, handling Users’ requests, sending (personalised) commercial communications
      Password performance of the Contract
      Username performance of the Contract, fulfilment of legal obligations, protection of the controller’s legitimate interest, handling Users’ requests
      E-mail performance of the Contract, fulfilment of legal obligations, protection of the controller’s legitimate interest, handling Users’ requests, sending (personalised) commercial communications
      Uploaded content performance of the Contract, fulfilment of legal obligations, protection of the controller’s legitimate interest, handling Users’ requests, sending (personalised) commercial communications
      Gender (voluntary) sending (personalised) commercial communications
      BIO - short text about the User (voluntary) sending (personalised) commercial communications
      Profile picture (voluntary) sending (personalised) commercial communications
      Website usage data sending (personalised) commercial communications
      Device details performance of the Contract, fulfilment of legal obligations, protection of the controller’s legitimate interest, handling Users’ requests, sending (personalised) commercial communications
    2. Cookies

      In addition to the aforementioned personal data, the Website may use cookies to identify Users, and facilitate navigation on the Website. Cookies are small text files that are stored by websites to your computer or mobile device when you start using the Website. Cookies can be disabled in your internet browser or mobile device, however, some sections of the Website may not consequently work properly. The terms of using third-party cookies, specifically Google cookies, can be found here.

      In addition to cookies, we also process your IP address and records options selected in the Application in order to perform the Contract, or to protect the legitimate interest (see point 4 of the Policy).

  4. Methods of Personal Data Processing

    During the Registration, we collect personal data through the form in the «Registration» and «Profile» sections of the Website. AFM thus has access to your name (nickname), username, password, e-mail address and IP address. Without processing these personal data, the Registration may not be completed (your Profile may not be created).

    In addition, you can also enter non-mandatory information at any time: gender, BIO and profile picture (including data on your sex life and sexual orientation). When entering these data, you are aware of their processing or, if so stated, you grant your consent to their processing. You may withdraw your consent to personal data processing at any time. In that case, we will stop processing these data, unless there is another legitimate reason for their processing. You may change or delete your data in your Profile settings.

    The information that AFM collects and that is necessary for AFM to be able to respond to your requests are marked with an asterisk in the collection forms. If you do not fill in these mandatory fields, we will not be able to respond to your requests.

    If you decide to contact our customer service through the means located or referred to in the Application or by other means that AFM makes available, information that you have already provided in or through the Website may be used.

    If you wish to receive commercial communications without the Registration, you may enter your e mail address through a pop-up window on the Website and AFM will process your e-mail address for these purposes.

    Based on the collected data, AFM offers similar content, similar user tips (personalization), i.e. AFM creates groups of users with the same or similar interest in the content. For these purposes AFM processes usage data (watched content, liked content etc.).

    Finally, when you browse any links on our Website, servers of AFM or their processors automatically recognise the IP address of your device (it is a number that identifies any Device connected to the Internet).

    We only send you personalized commercial communications based on your consent granted by ticking the relevant field in the «Registration» section. If you have already used any of the Services, we have a legitimate interest in sending commercial communications if you originally did not refuse their sending. You may object to such sending at any time by unsubscribing from the relevant commercial communication using the link at the footer of the commercial communication.

    In addition to the above personal data, we also process statistical information to learn how Users or visitors use the Website, including the history of using the Services.

  5. Data Recipients

    Particularly for the purposes mentioned above, AFM transfers personal data obtained through the Website to the following partner companies, which act as processors or other controllers of personal data:

    Name Registered Office
    UOL a.s. Pekařská 695/ 10a, 155 00, Praha 5
    IČO: 24753157
    Google LLC 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States

    When using services of personal data processors, AFM concludes relevant data processing agreements if they are processors of personal data. Personal data may be transferred to companies with their registered offices in countries which do not provide an adequate level of protection according to the Regulation. In these cases, AFM concludes standard contractual clauses for the transfers of personal data approved by the European Commission with the recipients in order to ensure an adequate level of personal data protection.

  6. Duration of Personal Data Processing

    AFM will process your personal data for as long as AFM provides you with services, or for the duration of the Contract, or as long as necessary to fulfil archiving obligations according to applicable legal regulations of the Czech Republic.

    We may continue to process your personal data after the termination of the Contract based on our legitimate interest, i.e. to protect our legal claims, for as long as necessary, but no longer than three (3) years, unless a special legal regulation stipulates a longer period.

    We will process the personal data related to your Profile, including the data contained therein, in order to manage your Profile and send offers of our goods and services until you cancel it.

    We will process the personal data that we process based on your consent until you withdraw your consent. To withdraw your consent, send an email with the request to support@xfree.com.

    You may also refuse the processing of your personal data for the purposes of sending commercial communications without affecting our mutual relationships. You may unsubscribe from further commercial communications by clicking on the link at the footer of the commercial communication, or send us an email with the request to support@xfree.com.

  7. Security and Confidentiality of Personal Data

    Personal data will be secured in such a manner and using such technical and organisational means so as to fully secure personal data protection in accordance with the Regulation and regulations governing personal data protection.

    With regard to the state of technology, especially that commonly used in telecommunication networks, AFM cannot guarantee the confidentiality and authenticity of emails sent by or received from AFM.

    Personal data are processed electronically in an automated manner or in a printed form in a non-automated manner by authorised AFM employees and employees of authorised processors.

    Personal data are stored on secured servers in the relevant IT systems. AFM has adopted appropriate technical and organisational measures to prevent loss or destruction of personal data, unauthorised access of persons to data, their modification or distribution.

    Access to your Profile is only possible after entering your personal password. It is essential that you do not disclose your login information to third parties. AFM does not assume the responsibility for any misuse of passwords.

  8. Rights of Data Subjects

    In connection with personal data processing, you have the rights listed below that you may exercise at any time under the terms stipulated in Articles 15 through 21 of the Regulation.

    These include the right (i) to access personal data; (ii) to rectify inaccurate data or complete incomplete data; (iii) to erase personal data if it is no longer needed for the purposes for which it has been collected or processed, or if it has been collected illegally; (iv) to restrict data processing; (v) to data portability, (vi) to object to the data processing which will therefore be terminated, unless there are serious legitimate grounds for the processing which outweigh your interests, rights, and freedoms, especially if the reason is an enforcement of legal claims, and (vii) to contact the Office for Personal Data Protection (www.uoou.cz) to lodge a complaint. If you have granted consent to personal data processing, you may withdraw it at any time.

    Right to access personal data: if you want to know whether AFM processes your personal data, you have the right to obtain information on whether your personal data are processed and, if so, you have the right to access your personal data;

    Right to rectify inaccurate data or complete incomplete data: if you believe that AFM process inaccurate or incomplete personal data about you, you have the right to request rectification and completion of the data. AFM will rectify or complete the data without undue delay, but always taking into account technical possibilities;

    Right to erasure: if you ask for erasure, AFM will erase your personal data if: (i) they are no longer needed for the purposes for which they have been collected or otherwise processed; (ii) the processing is unlawful; (iii) you raise objections to the processing and there are no prevailing legitimate reasons for the processing of your personal data; or (iv) AFM is required to erase the data under legal regulations. AFM will not comply with your request if any of the circumstances under Article 17 (3) of the Regulation prevents it from doing so;

    Right to restriction of personal data processing: if you request restriction of processing, AFM will make your personal data inaccessible, temporarily erase or store them, or perform other processing activities needed for the proper exercise of the right;

    Right to data portability: if you want AFM to transfer your personal data that AFM processes based on your consent or data that are necessary for the performance of the Contract to a third entity, you may exercise your right to data portability. If the exercise would adversely affect rights and freedoms of other persons, AFM will not be able to comply with your request;

    Right to object: you have the right to raise an objection to the processing of personal data that are processed for the purposes of performing a public service task or in the exercise of public authority or for the purposes of protecting AFM legitimate interests. If AFM does not prove that there is a serious legitimate reason for the processing which takes precedence over the interest or rights and freedoms of the customer, AFM will terminate the processing based on the objection without undue delay.

    In the event of repeated or apparently unjustified requests for the exercise of the above rights, AFM is entitled to charge an appropriate fee for the exercise of the right, or to refuse the exercise. We would inform you about the procedure in advance.

    You may exercise the above rights through the AFM customer service:

    1. By mail at: Rybná 716/24, Staré Město, 110 00 Prague 1;

    2. By e-mail at: support@xfree.com, or

    3. If it concerns the consent to receiving commercial communications, through the link at the footer of the commercial communication sent by AFM.

    AFM reserves its right to verify the identity of the person requesting the exercise of rights in accordance with Article 12 (6) of the Regulation. If you have any questions, please contact AFM Customer Service using the contact details above.

The Policy was last updated on 2020/10/08.