INFORMATION ON THE PROCESSING OF PERSONAL DATA

In accordance with Article 13(1)(2) 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 repealing Directive 95/46/EC (General Data Protection Regulation), (hereinafter „the GDPR”) we inform you that:

 

In this document we wish to explain:

• What personal data we collect and process if you are our customer, vendor or business partner,
• For what purposes, what reasons and how long do we use personal data,
• How we protect personal data security,
• How we exercise your data protection right.

All personal data is collected and processed in accordance with the personal data protection legislation in force in Poland and the European Union.

Providing personal data is voluntary, however, it is a necessary condition for benefiting from the offers of Bergmen Sp. z o.o. with its registered office in Skawina and it is necessary to conclude and perform the contract.

 

Data Controller

Bergmen Sp. z o.o., with its registered office in Skawina at: Rtm. Witolda Pileckiego 4, 32-050 Skawina, having Tax Identification Number (NIP): 9452026669, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for Kraków-Śródmieście in Kraków. XI Economic Division of the National Court Register, under KRS number: 0000937779.

 

What personal data we collect and process if you are our customer, vendor or business partner?

Personal data means any information concerning you, enabling to identify you, e.g. name and surname or contact details. We can collect your personal data if you use our website, use our services, participate in a survey, competition or simply get in touch with us.

We can collect information including, but not limited to:

1. name and surname, address of residence, e-mail address, phone number
2. your registration details, if you run your business activity (e.g. NIP, REGON, business address);
3. your transaction history;
4. information on your use of our website;
5. any communication with you or addressed to us by you by ordinary mail, e-mail messages, chat, social media or over the phone.

We guarantee we do not need any data concerning suspected crime commitment or conviction. We also do not collect any data concerning your ethnic or racial origin, political views, religious or other beliefs, trade union membership, genetic or biometric data, sexuality or sexual orientation.

We never request such data and do not collect or process it unless you provide it to us on purpose, e.g. in an e-mail.

 

For what purposes, reasons and how long do we use personal data?

Your data may be used for the following purposes:

1. entering into and implementation of contracts (pursuant to Article 6(1)(b) of the GDPR),
2. taking action at the request of the data subject before entering into a contract (pursuant to Article 6(1)(b) of the GDPR,
3. enabling customers, contractors, co-workers to benefit from services provided by Bergmen Sp. z o.o. with its registered office in Skawina (pursuant to Art. 6(1)(b) of the GDPR),
4. financial clearance of accounts (based on Article 6(1)(b) of the GDPR),
5. responding to complaints and handling the complaint procedure (pursuant to Article 6(1)(c) of the GDPR),
6. evidence gathering by pursuing a legitimate interest of the Controller, in order to secure information for the purposes of proving facts in possible legal disputes (pursuant to Article 6(1)(f) of the GDPR),
7. matching the services provided with the needs of customers, contractors, co-workers, i.e. profiling (pursuant to Article 6(1)(f) of the GDPR),
8. marketing, including statistical measurements, analysis and profiling of personal data for marketing purposes concerning the Controller’s services (pursuant to Article 6(1)(f) of the GDPR),
9. marketing, including analysis and profiling of personal data for marketing purposes concerning third party’s services (under Article 6(1)(a) of the GDPR),
10. other purposes, necessary for fulfilment of Controller ‚s legal obligation (pursuant to Article 6(1)(c) of the GDPR)

We will process your personal data only when there are legal grounds to do it. Legal grounds will depend on the reason we collected your personal data for and the purpose we want to use it for.

In most cases, processing your personal data will be indispensable for us to execute the agreement with you.

We can also process personal data in the following cases:

1. To meet our statutory obligation (e.g. for accounting or bookkeeping documents);
2. When you give your consent for using your personal data (e.g. for marketing purposes);
3. To protect the vital interests of the user or another person (e.g. in medical emergency);
4. For purposes related to our legitimate interests as an enterprise (e.g. for administrative purposes).

The consent can be granted by people of at least 16 years of age, in their own name. For children below 16, the consent of their parents or legal guardians is required.

Personal data is stored and processed for the periods necessary to perform the contract by Bergmen Sp. z o.o. with its registered office in Skawina and for realisation of other purposes detailed in this document.

Bergmen Sp. z o.o. with its registered office in Skawina reserves the right to archive the provided personal data for the purposes of evidence proceedings to defend against possible claims that may arise on the basis of the concluded contracts, which are realisations of the Controller’s legitimate interest, pursuant to art. 6(1)(f) of the GDPR, as well as for the purposes necessary to fulfil the Controller’s legal obligation, pursuant to art. 6(1)(c) of the GDPR. The archived data should be stored for the period of limitation of mutual claims or for the period required by binding legal regulations, in particular tax law provisions, whichever is longer.

The period of storage and processing of personal data for marketing purposes lasts until raising an effective objection or until withdrawing the consent.

When your personal data is no longer required, it shall be deleted or destroyed safely.

 

Personal data security

We comply with strict security procedures related to personal data storage and disclosure, aimed also at protecting it from inadvertent loss, damage or destruction. We can disclose your personal data to trusted people, whom we require to provide appropriate technical and organisational measures to protect the user’s personal data pursuant to the Polish and EU personal data protection law.

The recipients of personal data may be:

a. Persons authorised by the Controller to process personal data as part of their duties.
b. Entities commissioned by the Controller to perform activities that require data processing (processing entities),
c. Other recipients, such as couriers, banks, insurers, law firms

The personal data may be provided to the recipients only for the purposes indicated in this document.

The personal data will not be transferred to a third country.

The Controller processes the data only for the purposes set out in this document. Should it be necessary to process personal data for purposes not disclosed in this document, the Controller will ask the data subject for their consent to specific processing before starting such processing.

 

Your data protection rights

You are entitled to:

1. Demand information on whether your personal data is kept, and if so, what data is kept and for what purpose we keep / use it for.
2. Demand access to your personal data, enabling you to obtain a copy of your personal data held by us and check if we process it legally.
3. Demand correction of the user’s personal data kept by us. You can complement any incomplete data or correct any incorrect one, as pertaining to you and kept by us.
4. Demand deletion of personal data, if there are no reasons justifying further processing.
5. Object to personal data processing if we process your data based on our legitimate interest (or any third party interest) and you have any reason to object to processing on those grounds. Moreover, you have the right to object if we process your personal data directly for marketing purposes.
6. Object to automated decision making, including profiling, i.e. object to automated decision making with respect to the user, using their personal data or object to user profiling.
7. Demand limiting personal data processing. You can demand suspension of your personal data processing, e.g. if you want us to verify its correctness or the reason for processing.
8. Demand to have personal information transferred in an electronic, structured form to the user or another person (the so-called data portability right). Thanks to this, it is possible to collect data from us in a format enabling to use it in an electronic form and transfer user data to another person in a format enabling to use it in an electronic form. Obviously, this requires our technical capacity and cooperation of the other party.
9. Revoked consent. In the limited circumstances, if you grant your consent for collecting, processing and transferring your personal information for a specific purpose, you are entitled to revoke your consent thereto at any time. When we receive such information on your revoked consent, we will cease processing of your data for the purpose or for purposes you initially granted your consent for, unless we have another legitimate interest related to such processing.
10. Lodging a complaint with the Office for the Protection of Personal Data about the Controller’s actions contrary to the Act.

To use the rights indicated in points 1 – 9 above, please contact us at rodo@bergmen.pl or by ordinary mail, sending your letter to: Bergmen Sp. z o.o., ul. Rtm. Witolda Pileckiego 4, 32-050 Skawina

We do not collect any fees for access to personal data (or for exercising any other rights you are entitled to). However, we can accrue the due charge if the access request is clearly illegitimate or its scope is excessive. In such circumstances, we can also object to such a request.

The Controller informs that withdrawal of the consent to processing of personal data does not affect lawfulness of processing of personal data made on the basis of the consent before its withdrawal.

In specific cases, we can be forced to request you to provide specific information to verify your identity and provide you with access to the data (or exercise any other of your rights). This is another precaution, thanks to which we can be certain the personal data is not disclosed to any unauthorised parties.