I. The Personal Data Administrator
1. The Personal Data Administrator within the meaning of Article 4 paragraph 7 of Regulation (EU) No 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 repealing Directive 95/46/WE (GDPR) is Auto Sergo Sp. z o.o. with its registered office in Warsaw at ul. Terespolska 4, apartment 375, 03-813 Warsaw, entered into Register of Entrepreneurs of the National Court Register under number 0000907417.
2. E-mail address of the Data Administrator: info@autosergo.pl.
3. The Administrator, in accordance with Article 32 Act 1 RODO complies with the rules on personal data protection and on data security to avoid accidental or unlawful destruction, loss, modification, unauthorized disclosure or unlawful access to personal data processed in connection with its activities.
4. Provision of the personal data by the Customer is voluntary, however essential in order to conclude the Agreement with Data Administrator.
5. The Data Administrator processes personal data, in particular in the form of identification data (name and surname or company name), address data, contact data (e-mail, phone number) and identification data of the people indicated by the Customer.
II. Purpose and bases of the processing of personal data
The Administrator processes data in order to:
a) to prepare trade offer in response to the Customer’s needs, what is the legitimate interest of Data Administrator;
b) contracting and implementing sale contracts with Customers, on the basis of those contracts;
c) the provision of services by electronic means through the Online Store, on the basis of the contract;
d) handling complaint process based on Data Administrator’s liability, accordingly with existing regulations;
e) accounting goals, involving providing and accepting accounting documents, on the basis of the tax law, including Polish Accounting Standards Act of 29 September 1994 and the Law of 11 March 2004 on the taxation of goods and services;
f) data storage in cases of potential need of determination, investigation or defense against claims or demonstration of the facts, what is the legitimate interest of Data Administrator;
g) phone or e-mail contact, in particular response to inquiries to the Data Administrator, what is the legitimate interest of the Data Administrator;
h) sending technical information, those concerning functioning services used by the Customer, what is the legitimate interest of Data Administrator;
i) the Data Administrator’s own products marketing, what is his legitimate interest or is based on the prior authorization.
III. The data recipients. Data transfer to third countries.
1. The data recipients, processed by Data Administrator, may be subjects cooperating with Data Administrator when it is essential to perform the contract with data subject.
2. The data recipients, processed by Data Administrator, may be also subcontractors – subjects that Data Administrator uses in data processing eg. accountancy offices, law firms, IT service supplier (including hosting services).
3. The Data Administrator may be obliged to share personal data on the basis of existing law regulations, in particular sharing personal data with authorized and national bodies.
4. Personal data will not be transferred to subjects established outside the European Economic Area.
IV. The personal data storage period
1. The Data Administrator stores personal data during the term of contract concluded with person whom data concern, and after its termination in order to seek redress relating to the contract, perform duties arising from valid legal regulations but no longer than for limitation period in accordance with the provisions of the Civil Code.
2. The Data Administrator storages personal data from accounting documents during the period indicated by the Law on Goods and Services Tax and Polish Accounting Standards Act.
3. The Data Administrator storages personal data processed in marketing purposes for 10 years period, however no longer than till the moment of the consent withdrawal or objection against personal data processing.
4. The Data Administrator storages personal data in other purposes than indicated in the Act 1-3 for 3 years period, unless the prior withdrawal of the data processing consent, and data processing cannot be continued on the basis of any other person whom data concern.
V. The rights of the data subject
1. Each data subject has the right to:
a) access – receiving confirmation from the Administrator if his/her data is processed. If they are, he/she is entitled to get the access to then and to get the following information: the purpose of processing, personal data categories, recipients information or which category of recipients they will not be disclosed, data storage period and their criteria, the right to demand rectification, removal or personal data of the concerned person processing limitation, and objection against such processing;
b) receive data copy – receiving data copy subject to processing, whereby first copy is free, and next copies may cost as much as administrative costs the Administrator covers;
c) rectification – demanding his/her personal data rectification, if they are incorrect or need to be filled;
d) delete data – demanding personal data deletion, if the Administrator is no longer eligible to process them or if data is no more essential for processing purposes;
e) processing limit – demanding limitation in personal data processing when:
- the data subject questions the appropriateness of the personal data – for the period which enables Administrator checking their appropriateness,
- processing is unlawful, and the data subject is opposing the removal and demands limitation in their usage,
- the Administrator does not need the data anymore, but they are essential for the data subject to determine, investigate or defend claims,
- the data subject served an objection against processing – until such time as it is determined if Administrator’s legitimate grounds are over data subject’s ones;
f) transfer data – receiving data subject’s personal data in a structured, commonly used, machine readable format, which were delivered to the Administrator, if the data is processed on the basis of data subject’s consent or on the basis of the contract with him/her, if data is processed by automatic means;
g) objection – to object to the processing of his/her personal data in legitimate purposes of the Administrator, due to the reasons caused by her specific situation, including profiling. Then the Administrator assesses legitimate grounds for processing, which are over interests, rights and freedom of data subjects, or any grounds to determine, investigate or defend claims. If in line with assessment, the data subject’s interests are more important that Administrator’s ones, the Administrator will be obliged to stop processing data in these purposes.
2. To use the above mentioned rights, the data subject shall contact the Administrator with using given contact information and shall inform him which right and in how big extent he/she wants to use.
3. The data subject has the right to file a complaint to the supervisory authority, which is the President of the Personal Data Protection Office in Warsaw.
VI. Profiling
Personal data obtained by Data Administrator will not be automatically processed, including profiling.
© 2022 Auto Sergo sp. z o.o. - All rights reserved