General and Particular Contract Conditions

Particular Contract Conditions

These Particular Conditions are an integral and essential part of the TTB service provision contract under the brands authorized by it.

In the event of a discrepancy between these Individuals and Generals, the order of prevalence is as follows:

• The Contract Form.

• The Particular Conditions.

• THE SPECIFIC CONDITIONS FOR THE FIXED TELEPHONY SERVICES AND BROADBAND INTERNET ACCESS AND THE SPECIFIC CONDITIONS OF THE MOBILE TELEPHONY SERVICE.

• The General Conditions.

1. Service

The “Service” or the “Services” (which are the mobile telephone service available to the public, the fixed telephone service available to the public and the fixed broadband Internet access service), are marketed by THE TELECOM BOUTIQUE, S.L. (hereinafter, “TTB”, being able to act directly through any of its distributors with different brands authorized by TTB, in accordance with the provisions of the contract form of this contract), with in Vía de las Dos Castillas, Km. 33, Ática Complex, Building 1, Pozuelo de Alarcón, 28224 Madrid, with CIF nº B-87522652, as described in the following clause. The electronic communications services will be provided by the telecommunications operator XFERA MÓVILES, S.A.U. (hereinafter XFERA or the OPERATOR), with registered office at Avenida de la Vega, 15, 28108 Alcobendas, Madrid, Spain, and CIF A82528548. The Services contain features and aspects ancillary to the mobile telephone service available to the public, fixed telephone service available to the public and fixed broadband internet access service that may be provided through TTB. In this sense, TTB, through its distributor, will assume the functions of billing and collection to the Customer, Customer Service and others described in the Contract, as defined in the following paragraph. In addition to the aforementioned Services, TTB may provide other types of complementary services, in which XFERA does not intervene, and which will be regulated, where appropriate, by their specific complementary legal conditions. The services provided as a whole are referred to as “the TTB Service” or the “TTB Services”.

2. Data protection

TTB will treat the Client’s data at all times in an absolutely confidential manner and keeping the mandatory duty of secrecy regarding them, in accordance with the provisions of the applicable regulations, adopting the necessary technical and organizational measures to guarantee the security of your data and avoid its alteration, loss, treatment or unauthorized access, taking into account the state of technology, the nature of the stored data and the risks to which they are exposed. By accepting the terms and conditions, the Client is informed and gives their free, informed, specific and unequivocal consent so that the personal data that they provide through the sales channels enabled for this purpose and related to the contracted service, be processed by TTB in the terms indicated in this clause. The data requested during the contracting process are generally mandatory to fulfill the established purposes (unless otherwise specified in the required field). Therefore, if they are not provided or are not provided correctly, they will not be able to be addressed.

• • 2.1 Who is responsible for the processing of your data?

Given that the telecommunications service provided by the OPERATOR is marketed by TTB, directly or through any of its distributors, and to the extent that there are certain services that can be contracted directly with TTB, the data controller is THE TELECOM BOUTIQUE, SL regarding the purposes of the treatment indicated in this clause and this, regardless of the existence of a series of necessary assignments to XFERA MÓVILES, SAU, as a provider of telecommunications services, as well as to distributors authorized by TTB , to the extent that they provide certain services that will be indicated below. You can contact our Data Protection Officer (hereinafter, “DPO”), through the email dpo@telecomboutique.com.

• • 2.2 What is the origin of the personal data processed by TTB?

TTB will process the personal data of the Client, who is the one who has provided them to TTB, for the purposes that will be explained below. There is customer data that will be obtained directly, through:

• The forms that the Client fills in during the Hiring process, which can be done on the Platform or via any other channel enabled for this purpose.

• The documents that the Client sends and / or completes when making the Contract request.

• The various communication channels enabled by TTB (see, through email, SMS, telephone, chat, or any other channel that may be enabled in the future).

• • 2.3 For what purpose does TTB process your data and under what legitimacy?

The personal data provided or obtained by TTB will be treated according to the following purposes and according to the legitimate bases indicated:

• Manage and process the request for contracting telecommunications services (where appropriate, mobile telephone service available to the public, fixed telephone service available to the public and fixed broadband Internet access service) marketed by TTB, directly or through one of its authorized distributors, and provided by the OPERATOR.
The treatment of the Client’s data to manage, process and monitor the contracting made by the Client is the execution of the contract with the TTB marketer, directly or through one of its authorized distributors. The provision of data for this purpose is mandatory and would prevent compliance otherwise.
• Manage and process the request for ancillary services contracted directly with TTB, as well as manage the billing and collection of such ancillary services.
The treatment of the Client’s data to manage, process and monitor the contracting made by the Client is the execution of the accessory services contracted directly with TTB. The provision of data for this purpose is mandatory and would prevent compliance otherwise.
• Manage, process and respond to requests, requests for information, incidents, complaints, claims or queries related to the provision of any of the Services contracted by the Client.
The legitimate basis is the consent that the User may withdraw at any time. In the event that the User withdraws the consent, the requests, requests for information, incidents, complaints, claims or inquiries made by the Client may not be processed.
• Manage the sending of personalized commercial communications about products and / or services marketed by TTB by electronic and / or conventional means, related to the products and / or services contracted by the Client, unless the Client indicates otherwise by checking the box correspondent.
The sending of personalized commercial communications to Clients by TTB, on products and / or services similar to those that were the object of the contract is based on the legitimate interest of the company, by virtue of the provisions of the RGPD and the LSSI.
• Manage the sending of personalized commercial communications about TTB products and / or services by electronic and / or conventional means, related to the products and / or services contracted by the Client, unless the Client indicates otherwise by checking the corresponding box .
The sending of personalized commercial communications to Clients by TTB, on products and / or services similar to those that were the object of the contract is based on the legitimate interest of the company, by virtue of the provisions of the RGPD and the LSSI.
• Manage the sending of commercial communications from third parties, including entities of the Group to which TTB belongs (you can check which are the Group entities at the URL www.telecomboutique.com), if the Client authorizes it by checking the box established at effect.
The legitimate basis will be the consent granted by the User. Said consent may be withdrawn at any time, not affecting the legality of the previous treatment.
• Prepare a commercial profile, using own and third-party sources to offer the Client products and / or services in accordance with the Client’s interests, if the Client consents by checking the corresponding box.
The legitimate basis will be the consent granted by the User. Said consent may be withdrawn at any time, not affecting the legality of the previous treatment.
The consents obtained for the aforementioned purposes are independent, so the Client may revoke one or more of them without affecting the others.

• • 2.4 What types of data does TTB process?
    For the purposes set out in the previous section, the Client’s data set is treated, which we can divide into the following sources and categories:
    • Identification data: name, surname and DNI or equivalent document.
    • Contact information: postal address, email address and telephone.
    • Personal characteristics data: date of birth and nationality.
    • Employment details: place of work.
    • Economic and financial data: bank details to make the debit to the indicated bank account.
    • Data on the products and / or services contracted: products and / or services previously requested by the Client.
    • Browsing data: IP, and data of the Client’s device (such as, for example, type of device, type of browser).
    • Firm.
    • Any others that are communicated and / or provided by the Client, through any of the channels enabled for this purpose.
    For its part, the following data will be collected on behalf of XFERA, as the provider of the Services marketed by TTB. If in the future, the provision of Services is provided directly by TTB, it will process the data in its own name:
    • Identification data: name, surname and DNI or equivalent document.
    • Contact information.
    • Traffic data.
    • Location data.
    • Details detailed in art. 3 of Law 25/2007 on data conservation, or any other that will replace it in the future.
    In the event that the Client provides data from third parties, they declare that they have their consent and undertake to pass on the information contained in this clause, exempting TTB from any responsibility in this regard. However, TTB may carry out periodic verifications to verify this fact, adopting the corresponding due diligence measures, in accordance with data protection regulations.
  • 2.5 Who do we communicate your data to?

There are certain data provided to TTB as a marketer that will be processed by the authorized TTB distributor and by XFERA, as the provider of the Services. By virtue of the foregoing, these communications are detailed in the following table, as well as the other planned communications, communicated data and the legitimizing basis that protects them:

• Distributors authorized by TTB, with whom the contracting of the Services is managed (Identifying data; Contact information; Economic and financial data, in particular bank details.) for  The issuance of the invoice for the contracted Services.
  • Assignment necessary for the execution of the Services contracted by the Client
• XFERA MÓVILES, S.A.U. with registered office at Avenida de la Vega, 15, 28108 Alcobendas, Madrid, Spain, and NIF A82528548 (Identifying data; data of personal circumstances, in particular, date of birth and nationality; and traffic data; Economic and financial data, in particular bank details) for • Provision of the Service by the OPERATOR (call routing, management of portability processes, keeping a record-book with the identity of customers who acquire a prepaid card …).
  • Assignment necessary for the execution of the Services marketed by TTB, and provided by the OPERATOR.
  • Provision of emergency services 112.
  • Assignment necessary for the execution of the Services marketed by TTB, and provided by the OPERATOR.
  • Compliance with Law 25/2007 on data conservation.
  • Assignment necessary for the execution of the Services marketed by TTB, and provided by the OPERATOR.
  • Incorporation to the subscriber guide.
  • Consent.
• Public Administrations, Courts and Tribunals ( Communication of any data requested or that must be delivered to the Public Authority and / or to the Courts and Tribunals.
  • Assignment protected in compliance with a legal obligation.) for  Communication of any data requested or that must be delivered to the Public Authority and / or to the Courts and Tribunals. • Assignment protected in compliance with a legal obligation.