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Rodo information clause

RODO information clause for contractors of Wtórpol sp. z o. o. natural persons

I [Data controller].

The administrator of your data is WTÓRPOL spółka z ograniczoną odpowiedzialnością with its registered office in Skarżysko Kamienna, ul. Żurawiej 1 (26-110 Skarżysko Kamienna), KRS: 0000526300, NIP: 6631870015. The data administrator can be contacted:

1) at the mailing address: Żurawia Street, 26-110 Skarżysko Kamienna;

2) at the electronic mail address: marketing@wtorpol.com.pl

II [Objectives, legal basis and data retention period].

Personal data of contractors will be processed by the administrator for the following purposes:

1) performance of the contract – to the extent necessary for the performance of the contract (Article 6(1)(b) of the RODO) – for the period of cooperation;

2) making settlements for the execution of the agreement between the parties, including the execution of payments – to the extent necessary for the execution of the agreement (Article 6(1)(b) of the DPA) – for the period of cooperation;

3) to carry out obligations in the enforcement of claims – to the extent necessary to carry out obligations in the enforcement of claims under the Code of Civil Procedure, the Law on Administrative Enforcement Proceedings, the Law on Bailiffs (Article 6(1)(c) of the DPA) – for 3 years from the last deduction;

4) fulfillment of accounting obligations – to fulfill obligations under the Accounting Act (Article 6(1)(c) of the DPA) – for 5 years from the end of the year in which the event occurred;

5) fulfillment of tax obligations – for the purpose of fulfilling obligations under tax laws, in particular the Tax Ordinance, the Corporate Income Tax Act, the Value Added Tax Act (Article 6(1)(c) of the DPA) – for 5 years from the end of the tax year;

6) asserting claims or defending against claims – for the purpose of realizing the administrator’s legitimate interest in asserting its property or non-property rights or protecting it against claims against the administrator, in accordance with general regulations, in particular the Civil Code (Article 6(1)(f) RODO) – for 3 years from the end of the cooperation;

7) delivery of newsletters on the basis of a separate voluntary consent (Article 6(1)(a) RODO) – until the consent granted is revoked. Detailed information covering the principles of data processed by the Administrator on the basis of the granted consent is indicated in the document “Information clause – newsletter”.

III [Recipients of data].

(1) The Administrator shall make personal data of contractors available in the following cases:

  1. when such an obligation results from the provisions of applicable law, among others to the National Tax Administration, bailiffs, other state authorities;
  2. to postal operators, courier companies;

(2) In addition, personal data of contractors may be disclosed to entities that process personal data on behalf of and at the request of the administrator, on the basis of a contract of entrustment of personal data processing, in order to provide services specified in the contract, such as:

  1. ICT services such as hosting, provision or maintenance of IT systems;
  2. accounting services;
  3. traditional mail handling;
  4. legal and consulting services.

IV [Rights of personal data subjects].

(1) Every data subject has the right to:

  1. access – to obtain confirmation from the controller as to whether his/her personal data is being processed. If a person’s data is being processed, he or she is entitled to access the data and obtain the following information: the purposes of the processing, categories of personal data, information about the recipients or categories of recipients to whom the data have been or will be disclosed, the period for which the data are stored or the criteria for determining them, the data subject’s right to request rectification, erasure or restriction of the processing of personal data, and the right to object to such processing (Article 15 RODO);
  2. to obtaina copy of the data –to obtain a copy of the data being processed, with the first copy being free of charge, and for subsequent copies the controller may charge a reasonable fee based on administrative costs (Article 15(3) RODO);
  3. to rectification – to request the rectification of personal data concerning her that is incorrect, or the completion of incomplete data (Article 16 RODO)
  4. to erasure – to request the deletion of her personal data if the controller no longer has a legal basis for processing them or the data are no longer necessary for the purposes of processing (Article 17 RODO);
  5. to restrict processing – request restriction of processing of personal data (Article 18 RODO) when:

(a) the data subject questions the accuracy of the personal data – for a period that allows the controller to verify the accuracy of the data,

(b) the processing is unlawful and the data subject objects to the erasure of the data by requesting restriction of its use,

(c) the controller no longer needs the data, but they are needed by the data subject to establish, assert or defend claims,

(d) the data subject has objected to the processing – until it is determined whether the legitimate grounds on the part of the controller override the grounds of the data subject’s objection;

  • to data portability –to receive in a structured, commonly used, machine-readable format the personal data concerning him or her that he or she has provided to the controller, and to request that the data be sent to another controller if the data are processed on the basis of the data subject’s consent or a contract with him or her, and if the data are processed by automated means (Article 20 RODO);
  • to object –to object to the processing of his or her personal data for legitimate purposes of the controller, on grounds related to his or her particular situation, including profiling. The controller shall then assess the existence of valid legitimate grounds for processing that override the interests, rights and freedoms of data subjects, or grounds for establishing, asserting or defending claims. If, according to the assessment, the interests of the data subject outweigh the interests of the controller, the controller will be obliged to cease processing for those purposes (Article 21 of the DPA).

(2) In order to exercise the aforementioned rights, the data subject should contact, using the contact details provided, the controller and inform him/her of which right and to what extent he/she wishes to exercise it.

V [Profiling].

Data provided by you will not be subject to profiling. Profiling of personal data consists in its processing by the Data Controller by using it to evaluate certain information about you, in particular to analyze or forecast your personal preferences or interests

V [President of the Office for Personal Data Protection].

The Data Subject has the right to lodge a complaint with the supervisory authority, which in Poland is the President of the Office for Personal Data Protection, based in Warsaw, 2 Stawki Street, who can be contacted as follows:

1) by mail: 2 Stawki Street, 00-193 Warsaw;

2) by electronic mailbox available at: https://www.uodo.gov.pl/pl/p/kontakt;

3) by telephone: (22) 531 03 00.

VI [Legal acts cited in the clause].

1) RODO – Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free flow of such data and repealing Directive 95/46/EC (Official Journal of the EU L 2016 No. 119, p. 1 as amended);

2) Article 895 et seq. of the Act of November 17, 1964. – Code of Civil Procedure (i.e., Journal of Laws of 2018, item 155, as amended);

3) Article 89 of the Act on Administrative Enforcement Proceedings of June 17, 1966 (i.e., Journal of Laws of 2017, item 1201, as amended);

4) Article 3 of the Act of March 22, 2018 on judicial officers (Journal of Laws of 2018, item 771);

5) Articles 10 et seq. and 74 of the Accounting Act of September 29, 1994 (Journal of Laws of 2018, item 395, as amended);

6) Articles 4 and n., Article 70 of the Act of August 29, 1997. – Tax Ordinance (i.e., Journal of Laws of 2018, item 800 as amended);

7) Articles 7, 15 of the Law on Corporate Income Tax of February 15, 1992 (i.e., Journal of Laws of 2018, item 1036);

8) Articles 5 and n. of the Law on Value Added Tax of March 11, 2004 (i.e., Journal of Laws of 2017, item 1221, as amended);

9) Article 118 et seq. of the Act of April 23, 1964. – Civil Code (i.e., Journal of Laws of 2018, item 1025, as amended).