(1) The legal principles for handling personal customer data are, among other instruments, contained in the German Federal Data Protection Act [Bundesdatenschutzgesetz] (BDSG) and the German Telecommunications Act [Telekommunikationsgesetz] (TKG). Personal data shall only be collected, processed or used if the affected party has consented, or if the TKG or another legal provision directs or permits it. To this extent, the processing of data is especially permitted where it is necessary. It is deemed to be necessary for the substantiation and formation of the contractual relationship (inventory data), for the provision of telecommunications services (connection data) and for the charging of these services in relation to FriendCaller or C2Call credit (invoicing data).
(2) FriendCaller or C2Call are entitled to process and use inventory data for the purposes of customer support, for marketing FriendCaller or C2Call products and for market research, insofar as it is necessary for these purposes.
(3) FriendCaller or C2Call are entitled to collect, process or use connection data where necessary for the performance of the contract:
The number or identifier of the relevant connections or terminal, personal authorisation identifiers, card numbers where customer cards are used, and location data in the case of mobile connections; the beginning and end of the relevant call in terms of date and time, and the volume of data transferred if subject to charges; the telecommunications service utilised by the user; the terminals for non-switched calls, their beginning and end in terms of date and time, and the volume of data transferred if subject to charges; other personal data necessary for the establishment and maintenance of telecommunication and for the invoicing of charges.
(4) FriendCaller and C2Call provide the customer with an individual call record (EVN), available in his/her personal configuration menu on the www.FriendCaller.com and www.C2Call.com website, in which the selected chargeable calls are listed with information relating to time and cost. As soon as the customer chooses to have the EVN displayed anonymously, by altering the relevant settings in the configuration menu or by applying in writing, FriendCaller and C2Call will obscure the last three digits of each listed call in the individual call record provided. The customer shall immediately inform all co-users of the FriendCaller or C2Call telephony connection in the household and all future co-users that the connection data used to generate records was disclosed to him/her.
(5) If FriendCaller or C2Call provide a service in conjunction with or via a third party – domestically or internationally – namely, calls to other network providers, information services, roaming, WAP, ERP, info kiosks etc, or if the customer engages the services of a third party via the FriendCaller or C2Call network, FriendCaller or C2Call may disclose customer data to this third party if such a disclosure is necessary for the provision and performance of that service, or for collection procedures. FriendCaller or C2Call shall not, however, be liable for any possible misuse of the data by third parties if FriendCaller or C2Call are neither negligent nor culpable.
Last Update: December, 2008