RODO

Dear Customers!

On 25 May 2018, the legal situation regarding the protection of personal data changed.

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) became applicable. This regulation is commonly referred to as “RODO”, but for the purposes of this information the term “Regulation 2016/679″will be used.

The protection of natural persons in connection with the processing of personal data is a fundamental right. Article 8(1) of the Charter of Fundamental Rights of the European Union and Article 16(1) of the Treaty on the Functioning of the European Union state that everyone has the right to the protection of his/her personal data. According to Article 8(2) of the Charter of Fundamental Rights of the European Union, personal data must be processed fairly for specified purposes and with the consent of the person concerned or on any other legitimate basis as foreseen by law. Everyone has the right of access to data which has been collected concerning him or her and the right to have it rectified.

Regulation 2016/679 was introduced to ensure the security of personal data of natural persons. Regulation 2016/679 is an act of the European Union law that is directly applicable in all Member States.

VIA-POL takes responsibility for the protection of your personal data. We realize that reliable information about how your personal data is processed can help you trust us and decide to use the services offered by VIA-POL. This information has been created to give you the opportunity to learn more about the principles that guide us in the processing your personal data.

—– Data Controller —–

Controller – means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data;

The Controller of your personal data is company VIA-POL Mateusz Wiatrzyk, based in Piłsudskiego 12/420, Tychy (43-100), Poland (hereinafter referred to as VIA-POL/Controller).

—– Personal data —–

Personal data – means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;

In practice, your personal data is processed by VIA-POL for the purpose of carrying out business tasks, in particular in the scope of:

  1. entering into a cooperation agreement;
  2. execution of concluded contracts;
  3. cooperation with persons providing services for VIA-POL.

—– Recipient and Processor —–

Recipient –  means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not.

Processor – means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the Controller.

The Recipients of your data are entities and bodies authorized under the provisions of the existing law.  Pursuant to the provisions of Article 28 of Regulation 2016/676, we may entrust the processing of personal data to entities providing services that are necessary for the day-to-day operation of VIA-POL. We entrust personal data for processing to, among others: hosting service providers, entities supporting accounting, legal and IT processes. Pursuant to the provisions of Article 28 of Regulation 2016/679, personal data processing outsourcing agreements have been concluded with the processing entities. These entities are obliged to take care of the security of your data, no less than us. They cannot process your data for their own use, so you do not need to worry about unsolicited offers, e-mails and intrusive phone calls.

 

—– Legal grounds for processing personal data —–

Processing –  means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

Regulation 2016/679 clearly sets out the conditions under which processing may be considered as consistent with the law. This means that any processing of data must be based on at least one legal basis, as indicated in Regulation 2016/679, and specifically in Article 6(1), i.e.:

  1. the data subject has given his or her consent to the processing of his or her personal data for one or more specified purposes;
  2. processing is necessary for the performance of a contract to which the data subject is party or to take action at the request of the data subject prior to the conclusion of the contract;
  3. processing is necessary to comply with a legal obligation incumbent on the controller;
  4. processing is necessary to protect the vital interests of the data subject or of another natural person;
  5. processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
  6. processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.

It is worth noting here that the consent for personal data processing is a freely given indication of the data subject’s wishes by which he or she signifies agreement to the processing of personal data relating to him or her. Giving consent should be voluntary, specific, informed, unambiguous and intentional. Consents must not be collected if not for immediate use.

Taking into account the scope of VIA-POL`s activities, in most cases your data will be processed            based on the fulfillment of premises set out in Article 6(1)(b) of Regulation 2016/679, e.g. cooperation agreement, performance of a contract. If it is necessary to maintain business relations or pursue claims, your personal data will be processed on the basis of the prerequisite specified in Article 6(1)(f) – the legitimate interests pursued by the controller (minimization of losses).

In view of the above, providing your personal data is a voluntary contractual requirement and the consequence of not providing such data will be the impossibility to conclude a contract.

—– Period of data processing —–

Regulation 2016/679 does not allow for the perpetual processing and storage of personal data, therefore each controller must inform you of the period of storage of your data.

In VIA-POL your personal data will be processed for the period resulting from the concluded contracts, as well as for the period necessary to settle them, make possible claims and depending on other applicable laws. The length of this period will be communicated to you in each case.

—– Rights of the data subject —–

Regulation 2016/679 significantly expanded the catalogue of data subjects’ rights. In connection with the processing of your personal data by VIA-POL, you are entitled to:

  1. the right of access to your personal data – you can request access to your data from us at any time;
  2. the right to rectify your personal data – you can make changes to the previously provided information, request their supplementation or modification, taking into account the purpose of data processing;
  3. the right to delete personal data (right to be forgotten) – you can ask us to delete your data in accordance with the conditions set out in Article 17 of Regulation 2016/679;
  4. the right to limit the processing of your personal data – if you believe that your data are being processed too extensively, you have the right to limit the processing, under the conditions set out in Article 18 of Regulation 2016/679;
  5. the right to transfer data, in accordance with the conditions set out in Article 20 of Regulation 2016/679. In relation with VIA-POL, this right is unlikely to apply, as VIA-POL will not process your data in an automated manner. However, it is worth knowing how it works. For example, when you change your mobile network operator, you authorize a new provider to obtain data from the current service provider;
  6. the right to object to the processing of data for reasons related to your specific situation, in the event of your data being processed on the basis of the prerequisite specified in Article 6(1)(e) and (f) of Regulation 2016/679, taking into account the provisions of Article 21 of Regulation 2016/679;
  7. the right to revoke your consent at any time and in any way if VIA-POL processes your personal data based on your consent, without affecting the lawfulness of the processing performed on the basis of your consent prior to its revocation;
  8. the right to file a complaint with the President of the Office for Personal Data Protection, if you believe that the processing of your personal data violates the provisions of the applicable law.

To exercise your rights or to obtain more information, please contact VIA-POL by sending an e-mail to the following address biuro@VIA-POL.pl

—– Data profiling —–

Profiling – means any form of automated processing (not performed by a human) of personal data consisting of the use of your personal data to evaluate certain personal aspects (in particular to analyze your economic situation, health, personal preferences, interests, location or movements). Profiling can be carried out in a bank during the processing of a loan application, in an insurance company during the assessment of insurance risks or in the employment office with regard to the adjustment of appropriate methods of assistance in the professional activation of the unemployed.

VIA-POL will not use your personal data to make decisions that are based solely on automated processing, including profiling.