PRO-WELDING INDUSTRY SERVICES

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Contractor Information Clause

Pursuant to the provisions of Article 13, paragraphs 1 and 2 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter referred to as the “GDPR”), we hereby inform you that:

 

  1. The Data Controller is Pro Welding Industry Services Sp. z o.o. 41, Kropidło, 32-218 Słaboszów, Poland – hereinafter referred to as the “Controller”.
  2. In matters concerning the processing of personal data by the Controller, you can contact:
  • in writing to the Controller’s registered office address indicated in point 1 above, or;
  • by email to the following address: odo@pro-welding.eu.
  1. The Controller may process the following personal data:
  • Contractors who are parties to the concluded agreement (individuals running a sole proprietorship, individuals running a business in the form of civil law partnerships): first name and last name, company name, email address, mailing addresses, telephone numbers, Tax Identification Number (NIP), National Business Registry Number (REGON), other numbers and data related to entries in public registers;
  • Representatives of Contractors (e.g., partners in partnerships, management board members of corporations, proxies, attorneys, trustees): first name and last name, position/function, location, work email address, work telephone number, work mailing address, data resulting from powers of attorney/authorizations, other data provided to the Controller by Contractors and their representatives; c. persons designated by the Contractors for contact purposes and for the implementation of the subject of the contracts (e.g. coordinators): name and surname, position/function, location, business e-mail address, business telephone number, business correspondence address, other data provided to the Controller by the Contractors or contact persons on the Contractors’ side.
  1. The personal data indicated in point 3 will be processed by the Controller for the following purposes:
  • concluding and implementing a contract – within the scope of the data of the Contractor who is a party to the contract (point 3(a)), where processing is necessary to perform the contract or to take steps prior to its conclusion (Article 6(1)(b) of the GDPR) – for the duration of the cooperation and thereafter until the expiry of the limitation periods for claims related to the contract;
  • fulfilling accounting and tax obligations based on the Controller’s legal obligations (Article 6(1)(c) of the GDPR), in particular those arising from the Accounting Act and applicable tax regulations – for the periods required by law; c. conducting cooperation, ensuring ongoing contact and communication between the parties, including correspondence in traditional and electronic form – regarding the data of persons representing the Contractors and persons designated for contact/performance of the contract (point 3 letters b-c) based on the legitimate interests pursued by the Controller (Article 6 paragraph 1 letter f of the GDPR), consisting in enabling the proper performance of the contract and maintaining business relations – for the duration of the cooperation or until an effective objection is filed, unless further processing is necessary due to overriding legitimate grounds;
  • establishing, pursuing, or defending against potential claims (Article 6 paragraph 1 letter f of the GDPR) – for the period until the expiry of the limitation periods for claims, and in the event of initiation of proceedings – until their final conclusion and settlement; e. verification of the Contractor and assessment of the quality of cooperation (e.g. risk analysis, so-called open-source intelligence, satisfaction survey) based on the legitimate interests pursued by the Controller (Article 6, paragraph 1, letter f of the GDPR) – for the duration of the cooperation or until an effective objection is filed, subject to letter d above.
  1. The recipients of the personal data of Contractors, their representatives, and their designated contact persons may be:
  • state authorities and other public entities authorized to obtain data under applicable law;
  • entities providing accounting and tax services to the Controller;
  • law firms providing legal advice and legal representation, tax firms, and other entities providing advisory and consulting services;
  • entities entrusted with the processing of personal data under concluded contracts, if the data transfer is necessary to perform the services;
  • the Controller’s business partners, if the data transfer is necessary for the proper performance of the contract or service provided by the Controller.
  1. Personal data are not subject to automated decision-making, including profiling.
  2. The Controller generally does not plan to transfer personal data outside the European Economic Area (EEA). If the transfer of data outside the EEA proves necessary (e.g., in connection with the use of IT solutions or services), the transfer will take place based on the mechanisms provided for in the GDPR, in particular through:
  • cooperation with entities processing personal data in countries for which a European Commission decision has been issued confirming an adequate level of protection, or
  • use of standard contractual clauses adopted by the European Commission.
  1. Contractors, their representatives, and their designated contacts have the right to access their personal data and receive copies thereof, to rectify or erase the data (where permitted by law), to restrict data processing, to transfer the data (where permitted by law), to object to the processing of personal data based on Article 6(1)(f) of the GDPR, and to lodge a complaint with the supervisory authority (President of the Personal Data Protection Office) if they believe that the processing of personal data violates the provisions of the GDPR.
  2. Providing personal data:
  • in the scope of the data of the Contractor who is a party to the contract (item 3(a)) is necessary for the conclusion and performance of the contract – failure to provide the data may result in the inability to conclude or perform the contract;
  • to the extent required by law (e.g., accounting and tax obligations) is mandatory – failure to provide the data may result in the inability to fulfill the Controller’s legal obligations;
  • in the remaining scope it is voluntary, however, failure to provide data may hinder or prevent proper contact or implementation of cooperation.