Personal Data Privacy Notice

Personal Data Privacy Notice for Counterparties and their representatives

This data privacy notice is intended for natural persons and sole traders who, having entered into relevant agreements, have established business or legal relationship with Nuctech Warsaw Company Limited sp. z o.o. (hereinafter referred to as the “Company”) and have become the Company’s counterparties (clients, suppliers or service providers).

 

This data privacy notice is also intended for natural persons acting on behalf of the counterparties maintaining business or legal relationship with the Company, including representatives of legal persons.

 

In order to comply with the requirements of Regulation (EU) 2016/679 of the European Parliament and the Council of 27 April 2016 on the protection of natural persons with regard to the processing of the personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation “GDPR”), the Company hereby notifies you of how your personal data is processed and of your rights related thereto.

1.  Controller

 

Nuctech Warsaw Company Limited Sp. z o.o. with its registered office in Warsaw, Emilii Plater 53, 00-113 Warsaw, is the controller of your personal data.

 

 

Contact information:

  • mailing address: Emilii Plater 53, 00-113 Warsaw, Poland;
  • phone number: + 48 22 6591545
  • e-mail address: rodo.pl@nuctech.com

2. Data Protection Officer

 

The Company has appointed a Data Protection Officer.

 

Contact information:

  • Company’s contact information is provided above;
  • e-mail address: nuctech.iod@discretia.pl

3. Purposes and legal basis for the processing of personal data

 

The Company processes your personal data for the following purposes:

  • to conclude and perform the agreement that the client, user, guarantor, as appropriate, has concluded with the Company (Article 6 paragraph 1 point (b) of the GDPR);
  • to comply with the Company’s legal obligations related to its business and required by law, including tax, reporting, retention and anti-fraud obligation (Article 6 paragraph 1 point (c) of the GDPR);
  • for the purposes of the legitimate interests pursued by the controller, including but not limited to marketing the Company’sproducts and services, relationship management, on-going communications, monitoring and improvement of the Company’s services, determining, pursuing or defending claims, fraud prevention, Company’s reporting obligation (both internal and external), as well as other legitimate administrative purposes of the Company’s corporate group (Article 6 paragraph 1 point (f) of the GDPR);
  • in other cases your personal data will be processed exclusively based on the consent you gave us, within the scope and for the purpose specified therein.

4. Personal data recipients

 

While processing your personal data for the purposes referred to in Section 3 above, the Company may disclose your personal data to the following recipients or categories of recipients:

  • public authorities and entities performing public tasks or acting at the direction of public authorities, to the extent and for the purposes under the law, e.g. tax office, the police, courts;
  • entities related to the Company, including entities in the Company’s corporate group – to comply with the Company’s reporting obligations and for other legitimate internal administrative purposes of the group;
  • entities processing personal data on behalf and at the direction of the Company, such as, among others, providers of IT, archiving, courier, legal and debt collection services.

5. Intended transfer of personal data to a third country

 

The Company is part of Nuctech corporate group that consists of companies from around the world, including non-EEA companies, whose key member is Nuctech Hong Kong Company Limited based in Hong Kong.

 

In justified cases, i.e. to perform the agreement you concluded with us or for other legitimate internal administrative purposes of the Company or Nuctech corporate group, as well as to outsource data processing to a service provider based in a third country, the Company may transfer your personal data to a third country (i.e. outside the EEA), including to a country that, according to the European Commission, does not offer an adequate level of data protection.

 

The Company will provide suitable safeguards for the data transferred outside the EEA, in particular by using appropriate legal mechanisms (e.g. standard contractual clauses adopted by the European Commission). You have the right to obtain a copy of such data from the Company, and to be provided with information about the place where such data is shared

6. Personal data retention period

 

The Company will store your personal data for the period necessary to fulfil the processing purposes referred to in Section 3.

 

In particular, as part of performing the agreement between you and the Company, your personal data will be stored for the duration of the agreement, and then for the period and to the extent under the law or for the purpose of the Controller’s legitimate interest (within the scope specified in Section 3 above)

 

When your personal data is processed based on your consent, the data will be stored until the purpose of the processing based on the consent is accomplished by the Company, but not longer than until you withdraw your consent, as it may happen.

7. Rights of the data subject

 

You have the following rights in relation to the processing of your personal data by the Company:

  • right to access your personal data, including the right to obtain a copy thereof;
  • right to rectify (correct) your personal data if the data are incorrect or incomplete;
  • right to have your personal data erased (so-called “right to be forgotten”) in the cases specified in the GDPR;
  • right to restrict the processing of your personal data;
  • right to object to the processing of your personal data;
  • right to transmit your personal data;
  • right to withdraw your consent at any time, without affecting the lawfulness of processing based on such consent before its withdrawal – when your personal data is processed based on your consent for the processing of personal data;
  • right to lodge a complaint with a supervisory authority – if you believe that the processing of your personal data by the Company is in breach of the GDPR.

8. Obligation to provide personal data

 

Providing your personal data to the extent to which you are a party to the contract is a condition for the conclusion of the contract with the Company and its implementation. It is necessary for the Company to fulfill its obligations under the law, as well as it is necessary to achieve the objectives resulting from the legitimate interests of the Company indicated in this document. To the extent that personal data is collected on the basis of consent, providing personal data is voluntary.

 

To the extent that you are an employee or a representative of the Company's counterparty, providing your personal data is voluntary. However, failure to do so will prevent the Company from contacting you as a contact person, and thus with the counterparty, making it impossible to implement a reasonable interest of the data controller related to the performance of the contract concluded with the counterparty, i.a. within the scope of maintaining correspondence and ongoing contact.

9. Contact on matters related to personal data protection

 

In all matters related to the processing of your personal data by the Company, including in order to exercise your rights as referred to above, please contact the Company or the Data Protection Officer using the contact information provided in Section 1 or 2 above.