PRIVACY POLICY

– regarding the processing of contractors’s personal data –

The controller of your personal data is Fresh Office Poland spółka z ograniczoną with its registered seat in Kraków (address: ul. Moniuszki 31/4, 31-523 Kraków), entered into the register of entrepreneurs of the National Court Register kept by the District Court for Kraków-Śródmieście in Kraków, 9th Commercial Division, under the number 0000698741, with Statistical Number (REGON): 368476826 and Tax Identification Number (NIP): 6751618821.

You can contact us via e-mail at biuro@freshfacility.pl or by phone at +48 607 395 208.

 

If you are our client, we process your personal data in order to conclude and perform the contract between us and you and to fulfill our tax obligations and accounting requirements.

The legal basis for the processing of your personal data is therefore Article 6 section 1 letter b) of the GDPR (processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract) and Article 6 section 1 letter c) of the GDPR (processing is necessary for compliance with a legal obligation to which the controller is subject).

In addition, the legal basis for our processing of your personal data is Article 6 section 1 letter f) of the GDPR (processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third part). This legitimate interest is to ensure that we are able to prove, in the event of a dispute with you, the content of the contract between us and that we have performed properly.

If you are an employee or representative of our client, we process your personal data, otherwise we would not be able to perform the contract between us and your company (the goal is therefore only cooperation with your company).

Such processing is necessary for the purposes of the legitimate interests pursued by the administrator (Article 6 section 1 letter f) of the GDPR). We make every effort to process only the personal data we need, preferably sent to us directly by you. Should your company send us more of your data than you think is appropriate – please let us know (see section 6 of this policy).

 

We always try to process only the data of the person that is necessary and to the minimum extent, whereby we may process the following your personal data:

 

 – if you are our client:

  1. company name;
  2. business address;
  3. address of service provision;
  4. Tax Identification Number (NIP), Statistical Number (REGON), and National Court Register number (KRS);
  5. names and surnames of contact persons;
  6. e-mail address;
  7. telephone numbers;
  8. in case of issuing a bill – data necessary for issuing a bill,
  9. in case of issuing a VAT invoice – data necessary for issuing a VAT.

 

– if you are an employee or representative of our client:

  1. names and surnames;
  2. function;
  3. e-mail address;
  4. phone numbers.

We disclose your personal data to the extent required to government authorities authorized to do so by law (such as tax authorities).

Your personal data may also be disclosed to our contractors (including suppliers or subcontractors) to the extent necessary for the performance of the contract between you and us.

Your personal data is processed in a computer system, located in part in the so-called public cloud, for the purpose of storing data on a server and operating a mail server.

Some of the operations described above involve sending your personal data to the so-called third countries (outside the European Economic Area), where the GDPR does not apply. However, it always takes place on the basis of legal instruments provided for in the GDPR, guaranteeing adequate protection of your rights and freedoms.

You also need to know that in our business we use the support of specialized external entities that may or must have access to some of your data – these are entities that provide us with services in the field:

– external IT support,

– external HR and accounting services,

– e-mail hosting,

– hosting of online applications for processing personal data,

– services providing information about insolvent debtors (e.g. National Debt Register, Economic Information Office).

In the relevant agreements with this entity, we have ensured that your data entrusted to them will be protected in accordance with the GDPR and will not be transferred to third countries.

 

If we cooperate with you on a permanent basis, we will, of course, process some of your data, necessary for this purpose, throughout the period of cooperation and after its termination for a period corresponding to the statute of limitations for claims related to the contract between us.

In addition, we process our clients’ data for a minimum of as long as necessary for tax purposes.

 

We make our best efforts to ensure that you are satisfied with working with us. Please bear in mind, however, that you are entitled to a number of privileges which will allow you to have influence on the manner in which we process your personal data, and in some cases you may stop such processing. These rights include:

Article 15

Right of access by the data subject

 

Article 16

Right to rectification

The data subject shall have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

 

Article 17

Right to erasure (‘right to be forgotten’)

  1. The data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:

(a) the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;

(b) the data subject withdraws consent on which the processing is based according to point (a) of Article 6(1), or point (a) of Article 9(2), and where there is no other legal ground for the processing;

(c) the data subject objects to the processing pursuant to Article 21(1) and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2);

(d) the personal data have been unlawfully processed;

(e) the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject;

(f) the personal data have been collected in relation to the offer of information society services referred to in Article 8(1).

  1. Where the controller has made the personal data public and is obliged pursuant to paragraph 1 to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data.
  2. Paragraphs 1 and 2 shall not apply to the extent that processing is necessary:

(a) for exercising the right of freedom of expression and information;

(b) for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;

(c) for reasons of public interest in the area of public health in accordance with points (h) and (i) of Article 9(2) as well as Article 9(3);

(d) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) in so far as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing; or

(e) for the establishment, exercise or defence of legal claims.

 

Article 18

Right to restriction of processing

  1. The data subject shall have the right to obtain from the controller restriction of processing where one of the following applies:

(a) the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data;

(b) the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;

(c) the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims;

(d) the data subject has objected to processing pursuant to Article 21(1) pending the verification whether the legitimate grounds of the controller override those of the data subject.

  1. Where processing has been restricted under paragraph 1, such personal data shall, with the exception of storage, only be processed with the data subject’s consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
  2. A data subject who has obtained restriction of processing pursuant to paragraph 1 shall be informed by the controller before the restriction of processing is lifted.

 

Article 21

Right to object

  1. The data subject shall have the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on point (e) or (f) of Article 6(1), including profiling based on those provisions. The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.
  2. Where personal data are processed for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing, which includes profiling to the extent that it is related to such direct marketing.
  3. Where the data subject objects to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.
  4. At the latest at the time of the first communication with the data subject, the right referred to in paragraphs 1 and 2 shall be explicitly brought to the attention of the data subject and shall be presented clearly and separately from any other information.
  5. In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject may exercise his or her right to object by automated means using technical specifications.
  6. Where personal data are processed for scientific or historical research purposes or statistical purposes pursuant to Article 89(1), the data subject, on grounds relating to his or her particular situation, shall have the right to object to processing of personal data concerning him or her, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

Article 20

Right to data portability

  1. The data subject shall have the right to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where:

(a) the processing is based on consent pursuant to point (a) of Article 6(1) or point (a) of Article 9(2) or on a contract pursuant to point (b) of Article 6(1); and

(b) the processing is carried out by automated means.

  1. In exercising his or her right to data portability pursuant to paragraph 1, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible.
  2. The exercise of the right referred to in paragraph 1 of this Article shall be without prejudice to Article 17. That right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
  3. The right referred to in paragraph 1 shall not adversely affect the rights and freedoms of others.

 

To exercise any of the rights described above, please contact us by e-mail, at the address through which we have contacted you, or at biuro@freshfacility.pl. You can also contact us for this purpose by phone at +48 607 395 208.

 

Pursuant to Article 77 of the GDPR, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, your place of work or the place where the alleged violation was committed, if you believe that the processing of personal data violates the provisions of the GDPR.

In Poland, the supervisory authority is the President of the Personal Data Protection Office – you can file a complaint, among others, by traditional mail to the address ul. Stawki 2, 00-913 Warszawa, or by e-mail at kancelaria@uodo.gov.pl, you can also get more detailed information (including current telephone numbers) on the website: https://uodo.gov.pl/. 

 

We collect your personal data to the extent necessary to conclude and perform the contract. Some data is also necessary for us to fulfill our obligations under the law (tax regulations, accounting regulations, after-sales obligations). Failure to provide your personal data, will unfortunately prevent the conclusion and execution of the contract.

 

If you are our client we have your personal data only from you, unless you are an employee or representative of our client, then we receive your data from your company or directly from you if you contact us directly.

 

We do not process your personal data in an automated manner and we do not profile it within the meaning of the GDPR.