Information Note of the Personal Data Administrator
1. Andrzej Bugajski, conducting business activity under company name: Andrzej Bugajski „Dalpex” Przedsiębiorstwo Produkcyjno-Handlowe, with registered address at: Sołtysowicka 62A, 51-168 Wrocław, Poland, registered in the Central Registration on Business (CEIDG) database, Tax ID (NIP): 898002290, National Business Registry Number (REGON): 931614796 (hereinafter referred to as Dalpex) is the personal data administrator for persons providing services to Dalpex (hereinafter referred to as Clients and Contractors).
2. With respect to the rights of Clients and Contractors as personal data subjects (i.e. people to whom the data relates) and with respect to the mandatory rules of law, including especially the Regulation of the European Parliament and the Council (EU) 2016/679 of 27 April 2016 on 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/WE (General Data Protection Regulation), hereinafter referred to as GDPR, the Polish personal data protection Act (hereinafter referred to as the Act) and other relevant personal data protection laws, Dalpex commits to maintaining the safety and confidentiality of all personal data that shared with us by Clients and Contractors. Dalpex, as the Personal Data Administrator, has utilised proper security, technical and organisational measures to ensure the highest possible level of protection for the personal data. We have introduced appropriate procedures and policies to process personal data in accordance with GDPR, so that personal data processing occurs lawfully and reliably and you, as the persons to whom the data relates, may execute all your relevant rights. Additionally, if needed, we cooperate with the regulatory body within the territory of the Republic of Poland, i.e. the President of the Data Protection Authority (hereinafter referred to as PDPA).
3. Our company, as the Personal Data Administrator, has appointed Konrad Cioczek of ENSIS Kancelaria Prawna Cioczek & Szajdziński Spółka Jawna, as the Data Protection Supervisor. Any questions, requests or complaints relating to personal data processing in our company (the Personal Data Administrator), hereinafter referred to as Applications, should be sent to the e-mail address of the Data Protection Supervisor: email@example.com
4. The Applications should clearly contain:
a) the data of the person or persons to whom the Application relates,
b) the event that the Application relates to,
c) the filed requests and their legal basis,
d) the desired means of solving the issue.
5. Personal data of Clients and Contractors is processed by Dalpex, the Personal Data Administrator, in order execute any and all contracts and services provided by or to the Personal Data Administrator. As per the rule of minimisation specified by the GDPR, we only process the categories of personal data that are considered necessary to achieve purposes specified in the previous sentence.
6. Sharing one’s personal data is not mandatory, but necessary to conclude contracts with Dalpex.
7. We shall process the personal data only for however long it is necessary to achieve said purposes. The personal data may be processed for a longer period of time only when the Personal Data Administrator is required by the relevant mandatory rules of law to do so (e.g. in order to maintain copies of invoices).
8. The source of the personal data processed by the Personal Data Administrator are the persons to whom the data relates.
9. Your personal data shall not be shared with any third country, as per the GDPR. If the personal data is shared with a third country, the data subjects shall be duly informed thereof, and the Personal Data Administrator shall utilise security measures, as per Chapter V of the GDPR.
10. No personal data is shared with any third parties without express consent of the person to whom the data relates. Personal data may be shared without the consent of the person to whom it relates only with legal public bodies, i.e. government and administrative bodies (e.g. tax offices, judicial authorities and other entities with a mandate stipulated by the relevant mandatory rules of law, such as ZUS, the Polish Social Insurance Institution, or the relevant local Tax Office).
11. Personal data may be shared with entities that process the data on the request of Dalpex, i.e. on the request of the Personal Data Administrator. In such cases, as the Personal Data Administrator, we conclude a contract for personal data processing with such an entity. The processing entity processes the shared personal data solely for purposes specified in the aforementioned contract. It would not be possible for to conduct our business without sharing your data with processing parties. The personal data is first and foremost shared with hosting providers, accounting services and, if necessary, the law firm providing legal aid.
12. The personal data is not profiled, as per the GDPR.
13. According to the GDPR, each person whose personal data is being processed by the Personal Data Administrator as the right to:
a) be informed of the processing of their personal data, as per art. 12 of the GDPR – the Administrator is obliged to share information specified in the GDPR (incl. relating to data itself, contact details, purposes and legal basis for personal data processing, personal data recipients or categories of recipients, if any exist, or the period for which the data shall be processed or criteria, based on which such a period is set) with the person to whom the data relates. This obligation should be executed immediately at the moment when the data is first acquired and if the data is not acquired from the person to whom it relates, but from another source, then it should be executed within a reasonable time frame, depending on the circumstances. The Administrator may choose to not provide this information to the person to whom the data relates if this person has already been informed,
b) have access to their personal data, as per art. 15 of the GDPR – when providing us with your personal data, you have the right to access and review it; it does not mean, however, that you have access to all documents that contain your data, seeing as such documents may contain confidential information; you do have the right to be informed as to which of your data is being processed and how, as well as the right to receive copies of your personal data, with the first copy being issued free of charge, and for each subsequent one, according to the GDPR, we may charge a relevant administrative fee relating to the making of the copy,
c) correct or update the personal data, as per art. 16 of the GDPR – if your personal data has changed, please inform us, as the Personal Data Administrator, of this fact, so that the personal data we are holding corresponds to the actual information and is up to date; also, in situations where the personal data has not changed, but for some reason the data we hold is incorrect or has been incorrectly saved (e.g. due to an editorial mistake), please inform us of this, so that we may correct the relevant data points,
d) delete the data (the right to be forgotten), as per art. 17 of the GDPR – in other words, you have the right to demand that we “delete” the data held by us, as the Personal Data Administrator, and the right to request that we, as the Personal Data Administrator, inform other administrators we shared your data with, of your wish to have it deleted. You may request deletion of your personal data first and foremost when:
• the purposes for which the personal data had been shared have been fulfilled, e.g. we fully executed the contract we had concluded,
• the basis for the processing of your personal data was an express consent that was subsequently withdrawn and there is no other legal basis for us to further process your personal data
• you filed a rejection of the processing of your personal data by us, as per art. 21 of the GDPR, and believe that we have no underlying legal basis allowing us to further process your personal data,
• your personal data was being processed illegally, i.e. for purposes that were against the law or without any legal basis for its processing – please remember that in such cases you will need to provide a basis for such a request,
• the need to delete your personal data results from the mandatory rules of law,
• the personal data relates to a minor and was collected as part of an information society service,
e) limit the processing, as per art. 18 of the GDPR – you may request from Dalpex that we limit the scope of the processing of your personal data (meaning that until the matter is clarified, we would limit ourselves to merely storing the data), if:
• you question the accuracy of your personal data, or
• you believe that we are processing your personal data without a legal basis, but simultaneously you do not want us to delete the personal data (i.e. you are not realising the aforementioned right), or
• you filed a rejection, as per the letter f) of this point, or
• your personal data is needed to ascertain or defend against claims, e.g. before a court of law,
f) transfer the data, as per art. 20 of the GDPR – you have the right to receive your data in a format allowing you to review it on your computer and the right to transfer the data in such format to another administrator; you have this right only when the basis for the processing of your personal data was an express consent or the data was processed automatically,
g) file a rejection to the processing of the personal data, as per art. 21 of the GDPR – you have the right to file a rejection, if you do not agree to us processing your personal data that we had processed thus far for specific purposes, in accordance with the mandatory rules of law,
h) refuse profiling, as per art. 22, relating to art. 4.4 of the GDPR – you shall not be subject to automated decision-making or profiling, as per the GDPR, unless you provide us with an express consent to do so; additionally, you shall always be informed of any instances of profiling, should they occur,
i) file a complaint to a regulatory body (i.e. to the President of the Data Protection Authority), as per art. 77 of the GDPR – if you believe we are processing your personal data illegally or in any way that violates your rights resulting from the mandatory rules of personal data protection laws.
14. In relation to the right to delete the data (the right to be forgotten), please note that, according to the GDPR, this right is not applicable, if:
a) processing your personal data is necessary for Dalpex to fulfil its statutory legal duty – we cannot delete your data, as long as we are bound by exercising certain legal (e.g. tax-related) obligations.
b) processing your personal data is performed for the purposes of investigating, ascertaining or defending against claims.
15. Should you wish to exercise any of your abovementioned rights, please send an e-mail to the e-mail address firstname.lastname@example.org.
16. Each ascertained instance of security breach is documented, and should any of the events, as described by the GDPR or the Act, occur, the persons to whom the data relates, as well as the PDPA, if applicable, shall be informed of it.