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Personal Data Processing Notice for Contractors and their representatives

 

 

In fulfilment of the legal obligation imposed on the Data Controller by the provisions of Articles 13 and 14 of 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 movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation), hereinafter referred to as the Regulation, please be informed that: 

 

  1. 1. PERSONAL DATA CONTROLLER

The Controller of your personal data is Energo-Eko-System Sp. z o.o. headquartered in Czeladź, 41-250 Czeladź ul. Nowopogońska 98, KRS 0000065716, NIP: 634-013-06-09.

 

2. CONTACT DETAILS

Controller’s contact details:

ees@ees.com.pl, tel. +48 32 2037754; please forward any correspondence to the above address.

 

3. PURPOSE OF PROCESSING

The processing of your personal data is carried out for purposes related to the conclusion, implementation and handling of the concluded contract.

 

The legal basis for processing your personal data is:

3.1. If you implement a contract with us:

  • Article 6(1)(b) GDPR, i.e.: necessary for the performance of a contract to which you are a party, or to take action at your request before entering into a contract;
  • Article 6(1)(c) GDPR, i.e.: a legal obligation incumbent on the Controller related to the maintenance of accounting books and tax records, resulting from generally applicable laws (including the Accounting Act of 29.09.1994; the Tax Ordinance Act of 29.08.1997);
  • Article 6(1)(f) GDPR, i.e.: necessary for purposes arising from the legitimate interests of the Controller, consisting, among others, of ensuring the continuous and uninterrupted operation of the business, internal administrative purposes (including service management), necessary settlements in connection with the concluded contract, establishment, assertion or defence of claims and against claims;

 

3.2. If you are a natural person representing a legal person or an organizational unit that is a contractor of a contract or taking actions prior to the conclusion of a contract, as well as an employee or associate of such legal person or unit, participating in the conclusion or execution of a contract:

  • Article 6(1)(f) GDPR, i.e.: necessary for the purposes of the legitimate interests pursued by the Controller, consisting of activities related to establishing the terms and conditions of a contract with a contractor and facilitating communication related to its execution, as well as establishing the persons responsible for the execution and authorized contacts in the execution of the contract.

 

4. RECIPIENTS OF PERSONAL DATA:

As a rule, personal data will not be transferred to other entities except for:

  • entities authorized to process them under the law, in particular public authorities;
  • entities supporting us in fulfilling our rights and obligations and in providing services, including those providing accounting, human resources, legal services, archiving and destruction of documents, postal, courier, payment services, protection of persons and property, as well as IT system providers providing assistance and technical support for the IT systems in which your data is processed.

 

5. EEA – NOTICE OF INTENT TO TRANSFER DATA OUTSIDE THE EUROPEAN ECONOMIC AREA

As a rule, personal data will not be transferred outside the EEA. In case the transfer of personal data outside the European Economic Area is necessary, it will be done on the legal basis contained in the GDPR.

 

6. DATA RETENTION PERIOD

Your personal data will be kept only for the period necessary to fulfil the purpose for which they were collected or for the period indicated by law. Once the purpose for which your personal data was collected has been fulfilled, it may be retained for archival purposes only, for a period to be determined by law.

 

7. RIGHTS

In connection with the processing of your personal data, you have the following rights:


 

  • the right to access your personal data (Art. 15);
  • the right to rectification of your data (Art. 16);
  • the right to erasure (Art. 17);
  • the right to restrict the processing of personal data (Art. 18);
  • the right to data portability (Art. 20);
  • the right to object (Art. 21);
  • the right not to be subject to automated decisions (Art. 22);
  • the right to file a complaint with the Personal Data Processing Office (Art. 77).

 

8. DECISION TO PROVIDE DATA

Provision of personal data is a prerequisite for contact, execution of the contract or pre-contractual action. If you do not provide personal data, it will not be possible to conclude and implement the contract or take pre-contractual actions, including those aimed at concluding the contract.

 

9. AUTOMATED DECISION-MAKING, PROFILING

Please be informed that in the processing of the data in question, no decisions will be made by automated means and your data will not be profiled.

 

10. CATEGORIES OF PERSONAL DATA PROCESSED AND THE SOURCE OF THE PERSONAL DATA

If the personal data was not obtained directly from you and was provided by other entities or persons – in accordance with Article 14 (1) (d) and (2) (f) GDPR, please be informed that:

  • Depending on the circumstances of the case, we will process, among other things, the following categories of your personal data: basic identification data (e.g. first and last name), contact data (e.g. telephone number, e-mail address), address data (address of place of employment), other data related to your employment (e.g., job position). The categories of data will be collected respecting the principle of adequacy, bearing in mind the purpose of handling the case, and will result primarily from applicable laws.
  • Your personal data will come from the contractor who provided the personal data of the contact representatives in the contract or from publicly available sources (e.g. website).

 


 

 

 

Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 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. Download 

 

Corrigendum to Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016. Download