Data processing

Information on the processing of personal data

Information on the processing of personal data is informative in order to fulfil the information obligations resulting from the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals 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 – hereinafter GDPR). Pursuant to Art. 13 sec. 1 and sec. 2 of the General Data Protection Regulation, we present information on the processing of personal data:

 

I Administrator

The administrator of personal data is DataConsult S.A. with headquarters in Krakow, ul. Marcika 14C, 30-443 Kraków, NIP 954-25-06-692 (hereinafter: Administrator).

Personal data is stored on the Administrator’s server in Poland.

The data may be made available to suppliers, service providers and partners with whom the Administrator undertakes cooperation to the extent necessary to provide services for customers, business contacts, and marketing activities. The recipient of the data may be the Tax Office, Bank, Law Firm, Post, courier companies. In addition, data may be transferred to suppliers and subcontractors of services, i.e., IT resources, to an accounting office, to subcontractors – such entities process data only on the basis of a contract and only in accordance with instructions.

 

II Purposes of processing, processing period, legal basis

Personal data is data provided by the user, such as name and surname, e-mail address, telephone number, company name and delivery address.

Personal data is processed by the Administrator for the following purposes:

 

1. PURPOSE: performance of the contract or order

LEGAL BASIS Art. 6 sec. 1 point b) and c) of the GDPR

PROCESSING PERIOD: the period of performance of obligations and the period of limitation of claims resulting from the regulations, and the period of storing project documentation in accordance with the provisions of the project financing agreement.

In the event of concluding a contract or order between the user and the Administrator or a civil or legal partnership that the user represents or have been indicated in the Agreement as a person to represent, the data provided by the user will be processed in order to perform such a contract or order and their settlements.

 

2. PURPOSE: business contacts

LEGAL BASIS: art. 6 sec. 1 point f) GDPR

PROCESSING PERIOD: until the date of filing the objection pursuant to Art. 21 GDPR

Contact details entered into the electronic form, entered into the CRM system, made available under the contract or order, or made available otherwise, may be processed by the Administrator for the purpose of business contacts.

The Administrator’s representatives may contact the user in order to present an offer, invite them to a meeting or training or as part of other marketing/commercial or business activities. You may receive information about services or other information related to the areas of the Administrator’s activity.

If the user is a representative of a supplier or service provider with which the Administrator cooperates, the Administrator’s representatives may also contact the user to obtain an offer, information or documents.

In this case, the processing of the user’s data will be undertaken in order to implement the legitimate interest of the administrator, which is the marketing and sale of products and services, as well as building and strengthening business relationships.

 

3. PURPOSE: Expert Bin-Packing system

LEGAL BASIS: art. 6 section 1 point b) and f) of the GDPR

PROCESSING PERIOD: the period of performance of obligations and the period of limitation of claims resulting from the provisions or until the date of objection submitted pursuant to art. 21 GDPR

Contact data provided by the electronic form as part of using the Expert Bin-Packing system may be processed by the Administrator in order to create a Customer Account and activate the Service, for the purpose of performing such a contract or order and their settlement.

 

4. PURPOSE: newsletter

LEGAL BASIS: art. 6 sec. 1 point a) of the GDPR

PROCESSING PERIOD: until the user unsubscribes from the newsletter (withdrawal of consent)

If the user agrees to receive the newsletter, their e-mail address will be used to send newsletters. The newsletter will be sent to the user in order to provide access to current information about the offer and current calls with proposals handled by the Administrator. Please note that, regardless of consent to the newsletter, the administrators may have a basis to process the user’s data for the purpose of business contacts as part of the legitimate interest of the administrator (in accordance with point 2). If the user consents to the newsletter – consent to the newsletter is voluntary and may be withdrawn at any time. For this purpose, please follow the instructions contained in the received newsletter or use the Contact Form or send an e-mail with information about resignation to the following e-mail address: administrator_rodo@dataconsult.pl. Withdrawal of consent does not affect the lawfulness of data processing prior to the withdrawal of consent.

 

5. PURPOSE: answer the question

LEGAL BASIS: art. 6 sec. 1 point a) of the GDPR

PROCESSING PERIOD: until the user opts out of receiving an answer (withdrawal of consent)

If the user fills out the contact form or submit the inquiry in a different form (e.g. e-mail, telephone), they consent to the contact related to the implementation of their request or

inquiry. To withdraw consent, please send an email to administrator_rodo@dataconsult.pl with the following content: withdrawal of consent to data processing. This consent may be withdrawn at any time, but its withdrawal does not affect the lawfulness of processing before the consent is withdrawn, moreover, withdrawal of consent results in the lack of response.

 

6. PURPOSE: organization and promotion of trainings and conferences

LEGAL BASIS: Art. 6 sec. 1 point f) GDPR

PROCESSING PERIOD: the period of performance of obligations and the period of limitation of claims resulting from the provisions or until the objection submitted pursuant to art. 21 GDPR

In the case of application for participation in a conference, training or other event organized by the Administrator, the data provided may be made available to other participants, speakers and other entities related to the organization of the event. Information about the speakers may also be made publicly available on the website, social media, and in promotional and conference materials.

In this case, the processing of the user’s data will be undertaken in order to implement the legitimate interest of the administrator, which is the performance of concluded contracts, orders, performance of obligations and promotion by organizing training courses, conferences and other events.

 

7. PURPOSE: performance of a contract or order between the Administrator and another entity

LEGAL BASIS: art. 6 sec. 1 point b) and f) of the GDPR

PROCESSING PERIOD: the period of performance of obligations and the period of limitation of claims resulting from the provisions or until the objection submitted pursuant to art. 21 GDPR

If the user is indicated as a contact person by the employer or other entity, their data may be processed for the purpose of performing and settling the contract or order concluded between the Administrator and the employer or other entity. In this case, data processing will include ongoing contacts related to the implementation of such a contract, preparation

and archiving of documentation from the performance of the contract, as well as pursuing claims or defence against claims of the other party.

In such a case, the processing of the user’s data will be undertaken in order to implement the legitimate interest of the Administrator, which is the protection of rights, performance of concluded contracts and obtaining due remuneration on this account, as well as the Administrator’s obligations resulting from the provisions contained in the contract.

 

8. PURPOSE: fulfilment of the legal obligation to prepare and store documentation

LEGAL BASIS: Article 6 (1) (c) of the GDPR

PROCESSING PERIOD: the date of storage of invoices, accounting books and documents confirming the conclusion and performance of the contract, resulting from the Administrator’s national regulations.

In the case of the performance of a contract or order or other service for the user, we will also process personal data contained in invoices, accounting books or other documentation confirming the conclusion and performance of the contract in order to prepare and store documents in accordance with applicable law. This applies to situations where the user is a party to a contract or order, and when a party to the contract or order is the user’s employer or an entity with which you cooperate, or when any service has been provided for the user.

 

9. PURPOSE: confirmation of the performance of obligations and pursuit of claims or defence against claims

LEGAL BASIS: art. 6 sec. 1 point f) GDPR

PROCESSING PERIOD: the period of performance of obligations and the period of limitation of claims resulting from the provisions of the law

The data entered on the electronic form, made available under the contract or order, or otherwise made available to the Administrator, may be processed for the purpose of archiving information or documents confirming the performance of the Administrator’s obligations and for the purpose of pursuing any claims or defending against claims against the

Administrator. This applies to situations where the user is a party to a contract or order, and when a party to the contract or order is their employer or an entity with which they cooperate, and when, on any basis, the Administrator was obliged to provide services for the user, or the implementation of the user’s rights.

In such a case, data processing will be undertaken in order to implement the legitimate interest of the administrator, which is the protection of rights, confirmation of the performance of obligations and obtaining due remuneration on this account.

The data provided by the user will not be processed for the purpose of automated decision making.

The data will not be transferred to third countries.

 

III Consequences of failure to provide data

In the case of electronic forms – providing data is voluntary, but failure to provide the data indicated as obligatory (required) results in the inability to send the form and, consequently, depending on the type of form, the inability to participate in the training, conference or subscription to the newsletter. In the case of data collected by the Administrator’s representatives in the field of purchasing, sales or marketing activities – providing the data is fully voluntary and the consequence of not providing it may be the inability to contact you in the future. In the case of data of persons who are a party to the contract/order concluded with the Administrator – providing the data necessary to perform the contract and fulfil legal obligations is a condition for the conclusion and performance of the contract.

 

IV Permissions

In accordance with the provisions of the GDPR, you have the right to:

  • access to data;
  • rectification of data;
  • deletion of data;
  • data processing restrictions;
  • data portability;
  • objection (when the basis for processing is the legitimate interest of the administrator);
  • withdraw consent (when consent is the basis for processing).

The exercise of these rights depends on the conditions set out in the GDPR. In case of refusal to accept the request, you will receive a reply with the justification for the refusal.

To exercise your rights, please contact us via the Contact Form on the Administrator’s website in the “Contact” tab.

  • In addition, please note the following:
  • the right to delete data and the right to request restriction of their processing only apply in the cases specified in the provisions of the GDPR;
  • the right to data portability applies only if the legal basis for processing is consent or performance of a contract;
  • the administrator may refuse to delete your data despite submitting such a request, provided that one of the exceptions listed in the GDPR applies, e.g., when data processing is necessary to fulfil a legal obligation or to establish, investigate or defend claims;
  • in some cases, the Administrator may refuse to take into account your objection to the processing of data on the basis of the Administrator’s legitimate interest, when there are valid legitimate grounds for data processing that override your interests, rights and freedoms or there are grounds for establishing, investigating or defence of claims – such permission is not granted to the Administrator when the data is processed for direct marketing (e.g. marketing contacts, business contacts).
  • From May 25, 2018, you have the right to lodge a complaint at any time with the competent supervisory authority – GIODO or its legal successor – the President of the Office for Personal Data Protection.
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