INFORMATION ABOUT THE PROCESSING
OF PERSONAL DATA OF COPYRIGHT HOLDERS

by DILIA divadelní, literární agentura, audiovizuální agentura, z.s.

In this document we provide you with information about the rights you have in relation to the processing of your personal data by DILIA, divadelní, literární agentura, audiovizuální agentura, z.s.
We recommend reading the information provided carefully. We have done everything to make sure it is as understandable as possible. If, however, there is something that is still not clear, we will be happy to explain any term or passage to you.

1. Who is the controller of your personal data?

The personal data controller, meaning the person that determines the purposes and means and decides on the processing of your personal data, i.e. the personal data of customers, is:
DILIA, divadelní, literární, audiovizuální agentura, z.s.
having its registered office at: Krátkého 143/1, Vysočany 190 00 Praha 9,
entered in the Commercial Register maintained at Metropolitan Court in Prague, file L 7695,
Company Number: 65401875,
(hereinafter referred to as “DILIA”). 

DILIA has appointed a Data Protection Officer to ensure enhanced control of the personal data processed.

2. How are your personal data processed, and why?

When processing personal data, we follow the relevant legal regulations, in particular 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 (General Data Protection Regulation) (“GDPR”), and associated legal regulations.

3. The purpose and legal foundation of personal data processing

We only process and retain your personal data for the following purposes:

• the execution of collective management according to Act No. 121/2000 Sb., the Copyright Act,
• business activity - agency representation of copyright holders,
• fulfilling obligations from a contract or taking measures at DILIA before entering into such a contract,
• fulfilling obligations in relation to state bodies,
• record-keeping and statistical purposes,
• marketing and advertising purposes,
• for the purposes of protecting DILIA’s legitimate interests.

The legal foundation of processing is as follows:

- the need for processing in order to fulfil an obligation from the contract which we entered into with you according to subparagraph 6(1)(b) GDPR

• identification and contact details are processed in this regard, for example, or other data required to enter into a contract,

- the need for processing in order to fulfil DILIA’s legal obligations according to subparagraph 6(1)(c) GDPR

• for the purposes of inspections by state bodies,

- the legitimate interest of DILIA according to subparagraph 6(1)(f) GDPR, whereby such interest lies in the provision of quality services, the statistics and records kept to this end, and the effort to increase the number of copyright holders represented; to this end DILIA may, in limited cases, use personal data for marketing and advertising purposes.

4. Which of your personal data do we process?

We process the following personal data - title, first name, surname, including academic titles, pseudonym, date of birth, address of permanent place of residence, or as the case may be temporary residence, delivery or other contact address, e-mail address and telephone number, bank account number, Company Number, Taxpayer Identification Number, information about VAT payment obligation and tax domicile, handwritten signature on concluded contracts (on paper or in digital format, including signature metadata), information about the works to which the copyright holder has copyright, information about the execution of collective management of works to which the copyright holders have copyright, entitlements to financial performance pertaining to copyright holders, and information about their payment. As far as authors represented by the agency are concerned, we also process photographs and a short CV, published on the DILIA website, should they expressly agree.

We also process data associated with your written, telephone, and electronic communication with DILIA, including identifiers such as IP address.

There is no automated decision-making or profiling when your personal data are being processed. DILIA processes personal data manually and automatically through its employees and, as the case may be, processors (see point 9 hereunder). Personal data protection is technically and organisationally ensured at DILIA in accordance with valid legal regulation. Data are ascertained and processed for set, unambiguous, and legitimate purposes. Data are not processed in a way which would be incompatible with such purposes.
Only such data that are absolutely required for the specified purpose are ascertained and processed.

5. The duration of personal data processing

We process your personal data for the duration of the effects of rights and obligations arising from the contract and for the length of time required for the purposes of archiving according to generally binding legal regulations, but not longer than the time set out by generally binding legal regulations. In the case of negotiations regarding the conclusion of a contract that do not in the end lead to such a contract being signed, we will process the personal data provided for a period of 6 months following the negotiations in question.

6. Newsletter – sending information and news about DILIA services and events

We are also able to process your personal data so that we can provide you with information about DILIA services and events that might interest you. If you are already our contractual partners and have not stated that you do not wish to receive news, we will contact you by e-mail, SMS, or documents sent by post with information about services and events similar to those that you have already bought or have already discussed buying with us. If you have not yet entered into a contract with us, we will only contact you electronically with your prior consent. If you are not interested in receiving newsletters, you have the right to simply tell us to stop sending them. You can do this using the link in each electronically-sent newsletter, or by sending an e-mail to info@dilia.cz. You will not be sent any further newsletters thereafter, unless you change your mind. You can also tell us you do not wish to be sent any newsletters even before receiving the first newsletter, and at any time after we have entered into a contractual relationship. You can also tell us you do not wish to be sent any newsletters even before receiving the first newsletter, and at any time after we have entered into a contractual relationship, by sending an e-mail to info@dilia.cz.

7. How do we protect your personal data?

You can be absolutely certain that we handle your personal data with proper care and in accordance with the legal regulations in force. We protect your personal data to the maximum possible extent, as corresponding to the technical standard of the means available.

8. To whom else do we transfer your personal data, and why?

We do not fundamentally transfer your personal data outside DILIA, save cases in which:

• we have your consent;
• third parties, controllers (personal data processors) provide us with technical and organisational services in line with our instructions - this includes the running of software and data storage - and persons provide the controller with accounting and tax services or legal advice;
• we comply with the obligations arising from legal regulations, in that we transfer data to the bodies of tax administration or other competent authorities in the cases in which we are bound to do so under generally binding legal regulations;
• on the basis of reciprocal contracts of cooperation which DILIA has entered into with other collecting societies of copyrights according to the Copyright Act for the purpose of collecting and settling royalties;
• DILIA contributes to the secure international database of authors (“IPI”), which records data on the name, sex, nationality, and date of birth/death of certain authors which DILIA represents. DILIA also contributes to the secure international database of audio-visual works (“IDA”), which records the names of works, the names of the authors, who might be copyright holders whom DILIA represents, and their role in those works. These systems facilitate the effective exchange of information between collecting society organisations all over the world and are not publicly-accessible. Such data exchange procedures, relating to organisations having their registered office within the European Economic Area (EEA) and the European Union (EU), and outside them, are required to ensure that incomes from different sources are distributed to the corresponding copyright holders by DILIA.

As part of performing a contract on the management of copyrights, DILIA also transfers data to collecting societies having their registered office abroad - you will find an up-to-date list at the DILIA website. Your personal data, only first name and surname, date of birth, pseudonym, list of relevant works, including the share of individual copyright holders.

Should DILIA transfer personal data to such organisations outside the EEA/EU, this might involve countries whose laws on personal data protection are not equal to the laws in place in the Czech Republic and/or have not been subject to a decision on corresponding protection by the European Commission. DILIA takes the required steps to ensure that such personal data are protected in the corresponding way and processed in accordance with this Personal Data Protection Policy. If you would like more information on this matter, please contact the DILIA Data Protection Officer, whose contact details you will find below.

9. What rights do you have in relation to your personal data?

You have the following rights in relation to the personal data about you which we process, rights which you may exercise in relation to us, as the controller:

• the right to receive confirmation of the processing (or not) of your personal data and the right of access to personal data which concern you and which we process;
• the right of rectification or supplementation of your personal data if they are inaccurate or incomplete;
• the right of erasure or restriction of processing of your personal data, if the conditions set out by legal regulations are met;
• the right to lodge an objection to the processing of personal data which concern you;
• the right to transfer your personal data to a different controller.

In the event that we process some of your personal data based on your consent, you have the right to withdraw that consent to the processing of such personal data at any time. 

You can exercise all your rights in a written submission, delivered to the controller to the address of DILIA’s registered office or to the DILIA Data Protection Officer’s e-mail address: gdpr@dilia.cz. 

If you believe that your personal data are being processed contrary to legal regulations, you have the right to lodge a complaint with the supervisory authority, which is:
Úřad pro ochranu osobních údajů (Office for Personal Data Protection)
Company Number: 708 37 627
address: Pplk. Sochora 27, 170 00 Prague 7
tel.: 234 665 111
web: www.uoou.cz