Rules of personal data processing by
ERKAR-OPAKOWANIA SP. Z O.O.
In connection with the implementation of the requirements 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 the repeal of Directive 95/46/EC (General Data Protection Regulation), hereinafter referred to as "RODO", we inform you about the principles of processing your personal data and your rights related thereto.
The following rules apply as of May 25, 2018.
- 1. personal data controller.
The administrator of your personal data is Erkar-Opakowania Sp. z o.o., based in Grójec, 53 Armii Krajowej Street, 05-600 Grójec, REGON: 670102799, NIP: 7970002316 (hereinafter referred to as , "We" or "Administrator").
- 2 Contact Us.
The Administrator has designated a single point of contact for all personal data issues. If you wish to contact us, please write us an e-mail to: projekt@erkar.pl or send a letter to: 53 Armii Krajowej Street, 05-600 Grójec, with the note: , "Personal data".
- 3 Where do we get your personal information from?
1) We receive most of the data directly from you, during the initial contact. You provide this data, among other things:
a) by sending us a message by filling out the contact form located on the website www.erkar.pl (hereinafter: , "our website");
b) by sending us an e-mail
c) during a conversation (in person or by telephone) with the Administrator's Personnel. At the same time, the conversations held are not recorded by us.
2) We may also receive your data indirectly from, among others, publicly available sources, as well as from our partners/contractors and customers who collect personal data in the execution of their own plans (i.e., for their own purposes) and share them with us in the course of business cooperation, if you have consented to this by providing them with the data;
3) We also obtain data about you by analyzing the cookies (so-called "cookies") stored on your terminal equipment and the web server logs collected by our website hosting operator.
- 4 What is the scope of the processed data?
Your personal data that we, as Administrator, may process is as follows:
1) Name;
2) e-mail address;
3) contact phone number;
4) residential or mailing address;
5) the company where you work (including the company of your business, if you have one);
6) Name, address of your business, Tax ID, REGON number, bank name
and bank account number;
7) additional information about yourself that you can provide when contacting our Personnel;
8) Consents you have given (if, for example, you have given us consent to process your data for marketing purposes other than our legitimate interest as a Data Controller).
- 5 For what purpose and on what basis do we process your personal data?
We process your personal data in connection with the performance of our activities, which are related to the production of corrugated packaging and cardboard
(hereinafter: , "services").
Accordingly, we process your personal data for the various purposes indicated below:
1) to prepare a personalized offer for you for the use of our services,
and then perform the contract concluded with you, if you decide to become our customer (Article 6(1)(b) of the DPA);
2) We are also required by law to process your personal data for accounting and tax purposes (Article 6(1)(c) of the DPA);
3) We also process your data for the purpose of directing marketing communications to you (Article 6(1)(f) RODO, i.e. marketing purposes as a legitimate interest of the controller of personal data;
4) Your personal data is also processed for the purposes of debt collection, litigation, arbitration and mediation, archiving, and our ability to account for the correctness of the processing of your data and the performance of our statutory functions, which constitutes a legitimate interest of the controller (Article 6(1)(f) RODO);
5) we process the data from the analysis of cookies and server logs
for the purpose of building anonymous statistics of visits to our site, among other purposes, to support the functionality of .
- 6 How long do we process your personal data?
The period for which we process your personal data depends on the purpose of the processing. Thus, respectively:
1) preparation of a personalized offer for you for the use of our services - for this purpose we process your data for the time during which we are negotiating with you to conclude a contract with you, but no longer than for 3 years from the date of obtaining your data; performance of the contract concluded with you, if you decide to become our customer - for this purpose we process your data for the time of its performance, and after its completion until the expiration of the statute of limitations for our mutual claims related to this contract;
2) as far as accounting purposes are concerned, we will process your data for a period of 5 years, counting from the beginning of the year following the fiscal year to which the accounting documents in question relate (Article 74(2) and (3) of the Accounting Act of 29.09.1994 (Journal of Laws of 2018, item 395, as amended). On the other hand, as far as tax purposes are concerned, the data will be processed for a period of 5 years, counting from the end of the calendar year in which the deadline for payment of the tax in question expired (Article 70 § 1 of the Tax Ordinance Act of August 29, 1997 (Journal of Laws of 2017, item 201, as amended);
3) Directing marketing communications to you as a legitimate interest of the controller - for this purpose we process your data until you object to such processing;
4) debt collection, litigation, arbitration and mediation, archiving, ensuring that we can account for the correctness of data processing and fulfill other obligations under the law - for these purposes we process personal data until the end of the statute of limitations (the period will depend on the type of claim in accordance with the Civil Code or other laws governing liability other than civil);
5) building anonymous statistics of visits to our site, among other purposes, in order to operate their functionality - for this purpose we process data for the entire period you use our site, until you raise an objection.
- 7 Who is the recipient of your personal data?
We share your data only when necessary. We do not sell your data. However, we may share your personal data with our contractors, i.e. entities/companies that provide us with services necessary for our proper operation, such as:
1) to companies providing services for the supply and maintenance of database and other software so that we can, for example, keep relevant records
and email communications;
2) entities providing hosting services;
3) consulting and law firms, as well as accounting firms that support us in our daily operations;
4) entities with whom we cooperate to provide services to our customers.
For entities in each category, as Administrator, we provide only those data that are necessary to achieve the objectives of cooperation.
- 8 Do we process your personal data automatically (including through profiling) in a way that affects your rights?
Your personal data will not be processed by automated means
(including profiling)
- 9 How do we process personal data?
We process personal data in accordance with applicable law, in particular in accordance with the RODO. We are mindful of the following rules that guide us in processing your personal data:
1) Adequacy Rule. We process only those data that are necessary to achieve the given purpose of processing; for each process, we have conducted an analysis of compliance with this rule;
2) Transparency Rule. You should have full knowledge of what happens to your data. This document, in which we try to give you full information about the rules of our processing of your personal data, is a manifestation of it;
3) Rule of Correctness. We strive to keep your personal information in our systems up-to-date and truthful;
4) Integrity and confidentiality rule. We apply the necessary measures to safeguard the confidentiality and integrity of your personal data. We are improving them all the time, along with the changing environment and technological advances. Safeguards include physical and technological measures to limit access to your data, as well as appropriate safeguards against loss of your data;
5) Accountability Rule. We want to be able to account for every action we take on your personal data so that if you ask us, we can provide you with full and accurate information regarding what actions we performed on your data.
- 10. what are your rights?
Data protection laws give you a number of rights that you can exercise at any time. As long as you do not abuse these rights (e.g., unreasonable daily requests for information), exercising them will be free of charge to you and should be easy to do.
Your rights include:
1) The right to access the content of your personal information. This right means that you can request that we export the information we have about you from our databases and send it to you in one of the commonly used formats (e.g. XLSX, DOCX, etc.);
2) Right to correct data. If you learn that the data we process is incorrect, you have the right to ask us to correct it, and we will be obliged to do so. In this case, we have the right to ask you to provide some document or other proof of the data change;
3) Right to restrict processing. If, despite our compliance with the adequacy rule, you believe that we are processing too much of your personal data for a particular process, you have the right to request that we limit this processing. As long as your request does not contradict the requirements imposed on us by applicable law we will grant your request;
4) Right to request deletion of data. This right, also known as the right to be forgotten, means your right to request that we delete from our database systems and from our records any information containing your personal data. Note that we will not be able to do this if we are required by law to process your data (e.g. transaction documents for tax purposes, obligation to ensure accountability of our operations). In any case, however, we will delete your personal data to the fullest extent possible, and where this is not possible we will ensure that your data is pseudonymized (which means that the data subject cannot be identified without an appropriate linkage key), so that your data, which we must retain in accordance with applicable law, will be available only to a very limited circle of people;
5) The right to transfer data to another data controller. In accordance with the RODO, you may ask us to export the data you have provided to us in the course of all our contacts into a separate file for onward transfer to another data controller;
6) Right to revoke consent. If we process your personal data on the basis of consent, you may withdraw that consent at any time. Withdrawal of consent will not affect the lawfulness of the processing we have carried out on the basis of consent given before its withdrawal. However, we would like to inform you that your personal data to the extent covered by the revoked consent, i.e. for the purpose to which the consent referred, will cease to be processed for that purpose. Nevertheless, your personal data covered by your consent will continue to be processed in order for us to comply with our obligations under the law, including, in particular, our obligation to account for the correctness of the processing of your personal data, possibly for purposes based on our legitimate interests.
You may exercise the rights referred to above by contacting us by e-mail at projekt@erkar.pl or by letter to: 53 Armii Krajowej Street, 05-600 Grójec, with the note: , "Personal data".
You can also write to us on matters related to personal data if an action or situation you encounter raises your concerns as to whether it is certainly in compliance with regulations, or whether it inadvertently violates your rights or freedoms. In such a case, we will respond to your questions and concerns and address the issue immediately.
If you consider that we have in any way violated the rules for the processing of your personal data, you have the right to file a complaint directly with the supervisory authority (as of May 25, 2018, this is the President of the Office for Personal Data Protection). In exercising this right, you should give a full description of the situation and indicate what action you consider to have violated your rights or freedoms. The complaint should be submitted directly to the supervisory authority.
- 11. what is the right to object?
Separately, we would like to inform you that you also have the right to so-called objection to the processing of your personal data. You submit the right to object when you do not want us to process your personal data for a specific purpose (e.g. marketing purposes).
You also have the right to object when the processing of your personal data is carried out on the basis of a legitimate interest or for statistical purposes, and the objection is justified by your particular situation.
In such a case, we will continue to process your data for other processes (for other purposes), but no longer for the purpose for which you have objected.
You can report your right to object to the e-mail address: projekt@erkar.pl or by mail to: 53 Armii Krajowej St., 05-600 Grójec with a note: , "Personal data".
12 Is it your responsibility to provide data?
You provide us with your personal data voluntarily. This is because there is no provision that imposes a legal obligation on you to provide them.
However, if you wish to enter into any contract with us, you must provide data that will enable us to enter into and perform that contract, as well as to properly tax and document it for the purposes of accountability of our operations.
Personal data you provide, e.g. for contact or marketing purposes, are necessary for us to be able to contact you or carry out marketing activities to which you agree or at least do not object. If you do not provide them, our communication with you will be either hindered (e.g. if you provide only a phone number, but no longer an e-mail address) or even impossible (if you do not provide any contact information).
13. do we share your data outside the EU?
No, we do not transfer your data to a third country or to international organizations.
14 Cookies.
Cookies are small text files commonly used on the Internet, stored on your terminal device. You can control the handling of cookies yourself through your browser settings (the ability to set the acceptance or blocking of cookies).