I. General terms and conditions for the use of MyTelenor ... · The user enters the code (it is...
Transcript of I. General terms and conditions for the use of MyTelenor ... · The user enters the code (it is...
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I. General terms and conditions for the use of MyTelenor mobile application
1. General provisions
1.1. After installing MyTelenor mobile application (the Application) and after entering it via the
CONNECT functionality the User must accept and agree with these terms and conditions for the use
of the Application. Otherwise, the user does not have the right to use the Application.
1.2. The Application is intended to be used by Telenor users of certain services and namely:
1.2.1. users (natural persons and legal entities) of mobile services provided in relation to a contract for
mobile services (under subscription plan) by Telenor;
1.2.2. users (natural persons and legal entities) of prepaid mobile services provided by Telenor.
1.3. The right to use the Application is free of charge, save for the cases where Telenor services are
being bought via the or where third parties’ services are being provided or bought. In such cases the
respective fees and expenses stated are charged as applicable and as described in detail below. Data
traffic when using the Application – both in Bulgaria and in roaming – is charged and billed as per the
conditions of the subscription, or the prepaid plan used by the user and Telenor’s price list in force.
2. Intellectual property rights
2.1. All rights to the Application are exclusive property of Telenor. Such rights are protected by the
applicable legislation.
2.2. By installing and registering the Application by the respective user the latter is granted the right to
use the Application for the purposes of provision of the Services described below. It is forbidden to
copy, transmit, distribute and store any part or the entire Application in any form whatsoever without
Telenor’s prior written consent.
2.3. The names of products or companies used in the Application might be trademarks of their
respective owners. Any use of such names of products or companies is prohibited without the prior
written consent of Telenor or the third party owner.
3. Use of the Application
3.1. The use of the Application shall be permitted only for the purposes of requesting and using the
respective Services provided by Telenor via the Application. The respective Services activated via the
Application have their own general terms and conditions, which have been or should have been
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accepted by the user when entering the contract or when activating the respective services. In case
that you use the Application in violation of these General Terms and Conditions or the applicable
legislation the user agrees to indemnify Telenor, any parties related to Telenor and third parties against
any claims, expenses and costs that may arise out of the improper use of the Application.
3.2. The Application shall be available for download and installation on a terminal mobile device at
Google Play Store, Apple Store and Microsoft Store. For the normal use of the Application there must
be terminal devices (smart phones, tablets) of users running on operating systems Android 4.1, iOS 9,
Windows Phone 8.1 and later as well as a mobile or wireless (WiFi) internet connection. In case that
you do not have the respective software, hardware and internet connection the use of the Application
shall be prevented.
3.3. The registration in the Application is made by the user by entering the respective mobile code
(s)he wishes to register via the CONNECT functionality. In order to be verified that the mobile number
entered is the one actually being used by the mobile user a verification code shall be sent as SMS to
the entered number. The SMS shall be sent by CONNECT as sender and it contains a 4-digit
verification code. The user enters the code (it is possible, depending on the functionalities of the
operating system and for the cases where the Application is installed on a device in which the SIM
card of the number being registered is inserted, that the code received via SMS is automatically
entered into the Application without the user having to enter it manually) and thus (s)he can enter and
use the Application. The code serves as a one-off password for access to the Application and any
subsequent opening of the application shall automatically grant access to the number initially
registered until the time when the user terminates his/her session himself/herself by using the Exit
option or in other cases.
3.4. The user may access the Application by 1 mobile number via 1 device.
3.5. Telenor reserves its right to edit the content and the functionalities of the Application by timely
providing its users an opportunity to access the revised version of the Application. Telenor reserves its
right also to terminate the Application at any time. The Application and its content shall be published
for convenience of its users. Telenor makes no guarantee that the Application does not contain errors
and that the access thereto is uninterruptible.
3.6. The registered users shall have the right to use the following services (the “Services”):
3.6.1. For users (natural persons) under a subscription plan for mobile services:
3.6.1.1. Check of current usage, check of current bill, check of outstanding amounts due for a
preceding period;
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3.6.1.2. Check of amounts due under issued invoices for used services of the particular mobile
number;
3.6.1.3. Recharge of prepaid cards – by means of a voucher purchased in advance or by the monthly
account of the respective mobile number of the subscription plan; history of recharges via the monthly
account;
3.6.1.4. Online payment of amounts due under invoices and online recharges of prepaid cards by
means of credit/debit card (item 11); history of online payments and online recharges;
3.6.1.5. Purchase of additional packages (for calls, messages, data transfer in Bulgaria and aboard,
digital and other services) to the main subscription plan;
3.6.1.6. Location (address and telephone for contact) of the nearest stores of Telenor and Telenor
partner stores;
3.6.1.7. Viewing of profile data, including the names of registered user, customer number, date of
issue of the invoice, effective term of contract, status of number (active, restricted and/or blocked) and
date when the actual status started to be valid.
3.6.2. For users (legal entities) under a subscription plan for mobile services:
3.6.2.1. Check of current usage, check of current bill, check of outstanding amounts due for preceding
period;
3.6.2.2. Check of amounts due under issued invoices for used services of the particular mobile
number;
3.6.2.3. Recharges of prepaid cards – by means of a voucher purchased in advance or by the monthly
account;
3.6.2.4. Online payment of amounts due under invoices and online recharge of prepaid cards by
means of credit/debit card (item 11); history of online payments and online recharges;
3.6.2.5. Purchase of additional packages (for calls, messages, data transfer in Bulgaria and aboard,
digital and other services) to the main subscription plan;
3.6.2.6. Location (address and telephone for contact) of the nearest stores of Telenor and Telenor
partner stores;
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3.6.2.7. Viewing of profile data, including the names of registered user, customer number, date of
issue of the invoice, status of number and date when the actual status started to be valid.
3.6.3. For users of prepaid services (natural persons and legal entities):
3.6.3.1. Check of available balance (credit), check of current usage for the prepaid number, check of
credit card’s and prepaid card’s validity period;
3.6.3.2. Recharges by vouchers of one’s own or another’s prepaid card – by means of a voucher
purchased in advance;
3.6.3.3. Online recharge of prepaid cards by means of credit/debit card (item 11); history of online
payments;
3.6.3.3. Purchase of additional packages (for calls, messages, data transfer in Bulgaria and aboard,
digital and other services) to the main subscription plan;
3.6.3.4. Cash in Time Service (item 12);
3.6.3.5. Location (address and telephone for contact) of the nearest stores of Telenor and Telenor
partner stores;
3.6.3.6. Review of profile data, including names of the registered user and up-to-date status.
3.6.4. The access to the services shall be determined in real time depending on the status of the user
and in relation to the conditions of each service. Users might not have access to certain service if their
incoming and/or outgoing calls are restricted, or if they do not meet the conditions for the specific
service.
4. Limitation of liability and warranties
4.1. Telenor makes no warranties as regards the Application’s fitness for a particular purpose and
makes no warranties in relation to Application’s accessibility, accuracy, reliability, functionalities or
content. Telenor bears no liability for any direct, indirect, accidental, special or induced damages or
losses or for interruption of business caused by the use or the impossibility to use the Application or a
service via the Application even if Telenor has been warned of the likeliness of such damages.
4.2. Telenor shall bear no liability for interruption or deterioration of the quality of the services being
provided caused by force majeure within the meaning of the Commerce Act or network load.
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4.3. Telenor shall bear no liability if a service, or data, respectively, is accessed by unauthorized
persons where such access is made in a manner beyond Telenor’s control.
4.4. Telenor shall bear no liability in case of claims made by a third party against a user related to the
use of services via the Application.
5. Access to third parties’ content
5.1. In order to facilitate the access to third parties’ content Telenor may build links to websites or
applications (e.g. Google Maps, Google Play Store, Apple Store and Microsoft Store), which are owner
or operated by third parties. When the User connects to such website (s)he shall be deemed to have
accepted its requirements for use as well as the condition that Telenor bears no liability for materials
created or published by such third parties’ websites as well as the products and services to which it
refers.
6. Identification data
Telenor Bulgaria EAD1 (herein referred to as “Telenor”)
Company ID number [EIK]: 130460283
Identification number under the Value-added Tax Act: BG 130460283
Domicile and registered office: building 6, Business Park Sofia, Mladost 4 Residential Estate, Region
of Mladost, Sofia Municipality, postal code 1766, city of Sofia, Republic of Bulgaria
Controlling body: Communications Regulation Commission
7. Personal data
7.1. In relation to the use of the Application Telenor shall collect and process a certain amount of
personal data about users. By installing and using the Application the user declares that (s)he has
turned 16 years and that (s)he agrees that Telenor can process his/her personal data in accordance
with Part II below “Telenor’s Privacy Policy” or as it may be expressly stated in these General Terms
and Conditions. In case the user has not turned 16 years Telenor assumes that the consent under this
item 7 is given by parent/guardian.
8. Direct marketing
8.1. By accepting these General Terms and Conditions a user who has voluntarily provided his/her
personal data via the Application expressly agrees that Telenor can show, send, load, etc. any
1 the abbreviation “EAD” [“EАД”] stands for a wholly-owned joint-stock company – Translator’s Note.
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advertising materials, offers and news related to certain product or service that are addressed to the
user and that (s)he can get calls from Telenor’s Customer Care Center.
9. Changes to the General Terms and Conditions
9.1. The operator reserves its right to change these General Terms and Conditions as any possible
changes shall take effect as from the date when published via the Application.
9.2. It shall be deemed that the User has been notified in case of a possible change of the General
Terms and Conditions by the fact of their publication in the Application as the publication of the
amended General Terms and Conditions shall be appropriately indicated to the user in the Application.
10. Use of Services via the Application
10.1. By accessing the Services via the Application the user accepts and agrees to abide by the
conditions stated herein. By giving his/her consent under the preceding sentence the user confirms
that the consent refers to all services as described in these General Terms and Conditions regardless
of when the user starts using such services.
10.2. For the use of certain services requested via the Application an additional registration might be
necessary, which shall be appropriately indicated.
10.3. The value of additional services purchased by a user and/or additional services used via the
functionalities of the Application shall be determined and charged as per the price lists of Telenor in
force as at the time of requesting the respective service/package and shall be paid via the monthly
invoice for the respective mobile number or, for users of prepaid services, shall be deducted from the
available credit of the prepaid number. Where a user of prepaid service requests the use of a
service/package for which (s)he does not have sufficient credit available at the mobile number such
service/package shall not be activated.
10.4. The activation/deactivation of services/packages purchase as per the procedure under the
preceding item shall be made immediately after the request for the service. For each successful
activation/deactivation the User shall receive a SMS with confirmation of the status of the request.
11. Use of “online payment of amounts due under invoices” service and “online recharge of
prepaid card by means of credit/debit card” service
11.1. By the online payment services a user may pay amounts due under a contract for mobile
services or for fixed services concluded with Telenor and by the online recharge the user may
recharge prepaid cards. The services under the preceding sentence are completely free of charge as
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the issuing bank of the card used to make an online payment may charge certain fees/commissions
for POS terminal payment. For more information please consult the issuing bank of the respective
card.
11.2. The services under this item are accessible as per the conditions of item 3 above for the persons
who use the Application. The user may pay the sums due in full and also in partial and advance
payments. The payments shall be made via credit and debit cards of BORICA, VISA or MasterCard
and as per the conditions of their use as defined by the issuing banks. The User shall provide card
data for authentication only on BORICA’s web page for online card payments and Telenor has no
access to the contents of confidential data being exchanged between the cardholder and the bank.
The payments shall be made in Bulgarian leva (BGN).
11.3. The online payment service enables personal amounts due to be paid under a personal
customer number as well as to determine the amount of the sum to be paid. By making an online
recharge the users may also make a payment to recharge their own prepaid card or to recharge
another user’s prepaid card by determining the amount of the sum to be recharged as far as the
selected amount is a whole number from BGN 6 to BGN 99, inclusively.
11.4. The online payments via the Application shall be checked and then authorized by the card’s
issuing bank. In case that the card’s issuing bank denies a payment or does not allow a payment the
cardholder shall be immediately notified thereof. Telenor bears no liability for errors in Online payment
due to incorrect data filled in by the user.
11.5. For any successfully completed online payment or recharge of a prepaid card the user shall
receive a confirmation by SMS from number 5005 at the mobile number used to enter the Application.
Details about all online payments or recharges made shall be saved and shall be accessible to the
user in the history of payments in the Application. The user whose prepaid card has been recharged
via the Service shall also receive a SMS containing details about the recharge made.
11.6. In case that an online payment (regardless of whether for sums due or for a recharge of a
prepaid card) has been made in the Application for which subsequently:
• a contestation is received from the identified cardholder and/or the card’s issuing bank; or
• a warning of possible wrongful actions upon payment is received from the bank servicing the account
for online payments of Telenor,
Telenor shall have the right to refund to the identified cardholder a sum equal to the disputed payment.
In such case the online payment shall be cancelled as the credit recharged by the cancelled payment
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shall be taken away from the user of the respective prepaid card (in full or in the remaining part thereof
in case that only part of it has been used).
11.7. In case that a prepaid card has been recharged by means of an online payment in the
Application, which has subsequently been cancelled subject to the procedure under the preceding
article and the recharged credit has been used in full or in part before the cancellation Telenor shall
have the right to withhold from the user a sum equal to the credit having been used in full or in part
upon the next recharge(s) of the respective prepaid card.
12. Cash in Time Service
12.1. In case that the credit under the prepaid card is equal to or less than BGN 0.38 by the Cash in
Time service the user can receive: BGN 2 or 10 minutes for calls within the network of Telenor to the
amount of BGN 2 valid for 24 hours after the receipt thereof. The request to use Cash in Time shall be
sent via the Application and after approval the user shall receive a confirmation SMS. The payment of
the value of the selected option as well as the fee due for the use to the amount of BGN 0.50 shall be
automatically made upon the next recharge.
12.2. In order that a user’s request is approved his/her prepaid card must meet all of the conditions
listed below:
• There must be no unpaid credit and no fee due for the Cash in Time service;
• The last recharge must have been made not more than 90 days ago;
• The current credit under the prepaid card must not exceed BGN 0.38.
12.3. The service shall be accessible for all users of prepaid plans of Telenor (save for the prepaid
plan Visitor) who meet the conditions above. The payment for the service received, a sum of BGN 2 or
10 minutes in Telenor’s network to the amount of BGN 2, as well as the payment of the feed due for
the use thereof to the amount of BGN 0.50 shall be made upon the first recharge of credit under
prepaid cards after the receipt of the service. The received sum of BGN 2 shall not extend the validity
of the prepaid card and may be used over the entire validity period of the prepaid card The received
10 minutes in Telenor’s network shall be valid to be used within 24 hours as from the time of receipt of
the confirmation SMS.
13. Temporary activation
13.1. In case of suspended outgoing services (because of unpaid invoice for the respective month) a
user may activate the suspended services, by using the Temporary activation service, which allows a
user to use its subscription plan with the included minutes, SMS and MB.
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13.2. Temporary activation is available only once per month for up to 96 hours after the suspension of
the outgoing services and could be activated no later than 94 hours after suspension. In any case, if a
user has exceeded his/her credit limit, the recovered outgoing services will be suspended, even if you
have a valid Temporary activation service. For your convenience Telenor will inform via SMS upon
expiry of the service. Additional condition for activation of the service is the ingoing services for the
same SIM card not to have been stopped in the last six months at the time of service activation, as
well as the user has used the service in the last billing period and during its usage (s)he has paid the
due amounts under the invoice.
13.3. The service Temporary activation costs one-time fee of 1,49 BGN (VAT incl.) / per number. The
fee is applied after successful activation of the service and is charged in the next issued invoice for the
number to which the service has been activated. The service is activated free of charge by using the
Application.
14. Restrictions when using the Services via the Application
14.1. Some Services are used as per the applicable prices of Telenor or third parties, if applicable, as
at the time of requesting of the respective Service. Telenor shall have the right to add and stop
services offered via the Application, to reflect changes to Telenor’s price list, the structure, manner of
access and registration as well as to terminate the use thereof by individual or by all of its users.
14.2. Telenor shall have the right to terminate, unilaterally and without prior notice, the access to the
services provided to the user if the latter damages Telenor’s reputation by his/her actions, if (s)he
breaches the legislation of the Republic of Bulgaria in force or the international treaties or (s)he
threatens the functionality of the means of providing the services, including the ones of other operators
as well as if (s)he threatens or impedes the use of the services by other users.
14.3. Telenor shall have the right to terminate the access to Services for users who use the Services
for commercial or advertising purposes or for development and provision of their own services unless
this is regulated in a written contract with Telenor.
14.4. Telenor shall have the right to terminate the access to its Services in the Application as well as to
destroy and/or close information about and of a user if the user has not used the services in the
Application for more than 3 (three) months.
14.5. The user may use the Services made available to him/her via the Application only for his/her own
needs and for purposes not prohibited by the law.
14.6. The user shall be obliged to use the Services provided to him/her in a manner that does not
break the normal functioning of the service.
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14.7. Telenor shall provide access to the Services via the Application to users whose mobile numbers
are active for incoming and outgoing call services. In case that any services used by the user are
restricted, regardless of the reason for that, Telenor shall have the right to temporarily restrict the
user’s access to the Services in the Application.
14.8. In cases of change of ownership to a mobile number the access to the profile of the previous
owner of the respective mobile number shall be terminated and the new user shall be provided with
the opportunity to register a new profile of the same mobile number. Any access to personal data and
information of the previous owner of a mobile number by the new owner is prevented.
15. User’s liability
15.1. The user shall be liable for attempts to acquire unauthorized access to user profiles and user
information of other persons.
15.2. The user has to keep the registration data under item 3.3 in secrecy and not to share it with third
parties. The user bears the full responsibility for any illegal acts fulfilled in relation to data under item
3.3 shared with third parties.
II. Telenor’s Privacy Policy
1. Personal data processed by Telenor in relation to the Application
1.1. In relation to the use of the Application on a terminal device of a user Telenor shall collect,
process, disclose and provide personal data about the respective user. These data are:
1.1.1. Upon initial registration of the Application: mobile number, verification code for access;
1.1.2. Upon subsequent use of the Application: mobile number, verification code or PIN, data we
receive from the manner of use of the Application such as IP address, device make and model,
operating system version, screen size and data as to when the Application has been used and which
services have been used.
1.2. Telenor collects and processes analytics data regarding the use of the Application, which include:
1.2.1. Generalized data about usage: the total number of old/new users, sessions, share and type of
operating systems, devices and operating systems used
1.2.2. Generalized data about surfing in the application: pages visited and the sequence of viewing
them
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1.2.3. Generalized data about the efficiency of different app stores: how users get to the application,
which are the markets that most efficiently attract users to the application
1.2.4. Data about errors in the application
1.3. In relation to direct marketing and sending commercial messages (advertising materials and/or
information messages) via the Application Telenor shall process data about user’s mobile number as
well as data under item 1.1.
1.4. In relation to the use of the Services the user has agreed, when entering into a contract for mobile
services or when requesting other mobile services, that Telenor can process certain personal data.
The use of the Application enables the User to access such data via the Application.
1.5. For the purposes of the use of the service location (geolocation) of the nearest store of Telenor
the user agrees to share with Telenor data about his/her location. The consent under the preceding
sentence shall be deemed to have been given also in the cases where the GPS functionality on a
user’s device is activated and the respective data about the location are automatically sent via the
Application to Telenor.
1.6. For the purposes of the use of the Application via the CONNECT functionality the user shall share
data about mobile number and verification code. CONNECT is owned and supported by Telenor
Digital. By accepting these general terms and conditions the user agrees that Telenor Digital can
collect information about the logins of the respective user via CONNECT for the purposes of
improvement of CONNECT’s functioning. Telenor Digital is a company registered under the Norwegian
law under registration number, with registered office at: 30 Snarøyveien, 131 Fornebu, Norway. The
data to be collected and processed by Telenor Digital are related to the use of the CONNECT
functionality such as: users by country, successful registrations, successful access, period of activity,
etc.
The categories and the scope of personal data collected and processed by us depend on the Services
used or subscribed for by you.
2. How Telenor uses users’ personal data
2.1. Telenor uses your personal data for the purposes of provision, improvement and advertising of our
services. in particular, we may use your personal data for the purposes:
2.1.1. of ensuring access to and use of all functionalities of the Application;
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2.1.2. of requesting and discontinuing the use of services via the functionality of the Application;
2.1.3. of offering a convenient manner of payment on a cash desk by pointing the nearest store
2.1.4. of enhancing the level of satisfaction with our services, of researching the market for electronic
communication services and for other purposes of direct marketing as well as for provision of services
of added value requested by the user.
2.2. The user has the right to freely withdraw at any time the consent given by him/her to the
processing of the data related to him/her for any of the purposes stated in this item by sending the
relevant written application to Telenor. AS a result of the withdrawn consent under the preceding
sentence the provision of the respective services shall be discontinued by Telenor.
2.3. Telenor may use aggregated, anonymized data for different purposes and, in particular, for
improvement of the overall quality of the Services.
3. How we disclose users’ personal data
3.1. Telenor may process and make the personal data of users available to third party service
providers or other enterprises that process personal data on behalf of Telenor, as far as this is
necessary for the use of the Application and the provision of the Services and the performance of
Telenor’s duties under the contracts concluded with such providers of services or enterprises.
3.2. Telenor may disclose personal data to administrative and/or court bodies in order to perform
Telenor’s duties under administrative and statutory acts.
3.3. Telenor may disclose aggregated, anonymized data to third parties for different purposes and, in
particular, for improvement of the overall quality of the Application.
4. How we protect users’ personal data
4.1. Telenor applies technical and organizational measures devised to ensure the necessary level of
protection of personal data against accidental or unlawful destruction, loss, unauthorized access,
modification or dissemination as well as against other unlawful forms of processing.
4.2. The application uses a verification code, which enables a one-time access to the Application – via
the CONNECT service. The 4-digit code must be subsequently entered every time when accessing
the Application.
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4.3. The application enables that an additional personal PIN code can be set. The 4-digit PIN code for
protection of the access to the Application defined by the user shall be requested and must be entered
by the user every time when the Application is opened. In case of five unsuccessful attempts to enter
the additional PIN code the respective session of the mobile number registered on the respective
device is terminated and all data stored on the device are deleted.
4.4. The access to the Application for the respective user of mobile number is terminated in certain
cases of change of user profile (e.g. transition from prepaid to subscription services, in the cases
under item 11.8 of the General Terms and Conditions, etc.).
4.5. In case that the user has not been active and has not used the Application for more than 3 months
the user shall be automatically excluded from the Application in order to ensure protection for his/her
personal data. In such case the user will have to re-enter his/her mobile number and a new verification
code received for that purpose.
4.6. In the cases where Telenor uses providers of services (processors of personal data) that process
personal data of users Telenor ensures that the providers apply the necessary technical and
organizational measures in view of the protection of the data. Telenor has access to and controls the
data and the infrastructure storing the data, the contractual undertakings requiring the application of all
applicable laws by providers.
4.7. We make an assessment of the effect on personal data as per the statutory requirements and
whenever necessary in certain activities that may have an impact on personal data.
5. How long Telenor processes users’ personal data
5.1. Telenor stores and processes the data about users for a period not longer than the one necessary
to attain the purposes for which the data are processed. Telenor has the right to continue to process,
use and store, including to make available to third parties, the data collected by it even after the expiry
of that period in a form that makes the users’ identification impossible, without any need of giving
additional notice to, or requesting consent from, the users.
5.2. Personal data processed in relation to the provision of services are stored as per the statutory
terms required by the law or if there are no such terms until the expiry of the statutes of limitations for
proper contestation of Services requested via the Application.
6. What are the rights of the User in relation to the processing of personal data?
6.1. The user has the right to access personal data concerning him/her, which are being processed by
Telenor, to a confirmation whether any data concerning him/her are being processed by Telenor and to
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information about the purposes of such processing, about the recipients or categories of recipients to
whom the data are being disclosed. The user has the right to request that Telenor delete, correct or
block his/.her personal data whose processing does not meet the requirements of the Personal Data
Protection Act and notify the third parties to whom such data have been disclosed of any such
deletion, correction or blocking save for the cases where this is associated with excessive efforts. The
user may exercise his/her rights under this item by addressing the relevant written request to Telenor.
7. Processing of Children Data
As a general rule, we do not process personal information of children (under the age of 16), unless we
have the consent from the guardians. If we become aware that we have collected information about
children without consent, we will take steps to inform the guardians, seek consent, and if consent is
not obtained, erase the information.