Information obligation
cooperation with KBJ (Contractors)
Information Clause
regarding processing by KBJ S.A. personal data of members of bodies, partners, employees or associates of contractors (partners and consortium members) and KBJ subcontractors.
- The administrator of your data is KBJ S.A. with its registered office in Warsaw, address ul. Obozowa 57, 01-161 Warsaw, entered into the register of entrepreneurs of the National Court Register by the District Court for the Capital City of Warsaw. Warsaw in Warsaw, 13th Commercial Division of the National Court Register under number 0000387799, NIP: 7262571799, REGON: 100393858, with fully paid-up share capital in the amount of PLN 2,057,459.00.
- Inquiries regarding the protection and processing of personal data can be sent by e-mail to rodo@kbj.com.pl or in writing to the address of the administrator's registered office.
- The legal basis for the processing of your personal data is Art. 6 section 1 letter b, or c or f of the GDPR, i.e. the processing of such data is necessary in connection with the conclusion or performance of a contract to which the Administrator is a party, the fulfillment of a legal obligation imposed on the Administrator or is justified by the legitimate interest of the Administrator.
- The purpose of processing your personal data is:
a. conclusion and performance of the contract:
· in relation to natural persons acting on their own behalf (including sole proprietorships), pursuant to Art. 6 section 1 letter b GDPR, the processing of personal data is necessary to conclude and perform this contract;
· in relation to persons representing the contractor (including representatives), indicated in the contract as contact persons (including contact persons, coordinators), persons involved in the execution of the contract (employees or collaborators of the contractor), pursuant to Art. 6 section 1 letter f GDPR, i.e. the legitimate interest of the Administrator, which is the conclusion and performance of the contract through persons designated to represent the entity, indicated as contact persons or designated to perform the contract;
b. fulfillment of obligations arising from legal provisions applicable to the Administrator's activities - pursuant to Art. 6 section 1 letter c GDPR, i.e. fulfillment of legal obligations imposed on the Administrator, including those arising from accounting, tax and other specific regulations;
c. goals related to organizing cooperation and maintaining business relationships, marketing own products and services - pursuant to Art. 6 section 1 letter f of the GDPR, i.e. the legitimate interest of the Administrator, which is running a business and direct marketing of own services and products;
d. archiving - pursuant to Art. 6 section 1 letter f GDPR, i.e. legally justified interest in the need to store evidence of business activity;
e. pursuing claims and defending against claims - pursuant to Art. 6 section 1 letter f GDPR, i.e. the legitimate interest in pursuing and defending against claims. - KBJ S.A. will process the following personal data:
a. in the case of contractors (subcontractors) running a sole proprietorship: name, surname, position, telephone number, e-mail address, business address, other data identifying the party to the contract (if necessary for its conclusion and implementation), NIP number, PESEL number, bank account number and other data provided for in public procurement law, necessary in bidding processes in which the contractor/subcontractor will act together with KBJ S.A.;
b. in the case of members of bodies and partners of contractors (subcontractors): data disclosed in the National Court Register, in particular names, surname, PESEL number, function; contact details;
c. in the case of employees and associates of contractors: name, surname, position, telephone number, e-mail address and data regarding education or professional experience, other data provided for in public procurement law, necessary in bidding processes in which the contractor's employees/collaborators /subcontractors will act together with KBJ S.A. - The recipients of your personal data are:
a. associates of KBJ S.A.,
b. subsidiaries from the Administrator's group;
c. entities providing advisory, audit, tax and legal services to the Administrator;
d. business partners and other contractors of KBJ S.A.
e. banks, in the case of settlements,
f. entities providing postal and courier services.
g. entities processing personal data on behalf of KBJ S.A., including: accounting office; other subcontractors and entities operating IT systems supporting the activities of KBJ S.A. - Your personal data will be stored for the duration of the contract and also for the period of its archiving. In accordance with applicable regulations, KBJ archives contracts for a period of 5 years from the beginning of the year following the financial year in which operations, transactions and proceedings were finally completed, repaid, settled or expired (Article 74(1)(4) of the Accounting Act).
- Your personal data will be stored on servers located in the European Economic Area - EEA). Personal data may be transferred to third countries to the extent necessary for the use by KBJ S.A. from cloud services provided by global providers of such services, with the transfer taking place in accordance with the applicable provisions of law regulating the principles of personal data protection, and in particular on the basis of standard contractual clauses, in accordance with templates approved by the European Commission and/or on the basis of other security mechanisms , approved by the European Commission.
- Personal data is processed automatically, but is not subject to profiling.
- With regard to personal data of members of bodies or proxies or contractors running a sole proprietorship, data may also be obtained from publicly available registers.
- With regard to personal data processed pursuant to Art. 15-21 GDPR, you have the right:
a. the right to access data
b. the right to rectify incorrect data and complete incomplete data;
· exercising the right to rectification may not result in a change in the result of the public procurement procedure or a change in the provisions of the contract to an extent inconsistent with the Public Procurement Act;
c. the right to limit processing,
· subject to the cases referred to in Art. 18 section 2 GDPR (the right to limit processing does not apply to storage, to ensure the exercise of legal remedies or to protect the rights of another natural or legal person or for important reasons of public interest of the European Union or a Member State);
d. the right to lodge a complaint with the President of the Personal Data Protection Office if you believe that the processing of your personal data violates the provisions on personal data protection. - You are not entitled to it
a. the right to delete data, in connection with Art. 17 section 3 letter b, d or e GDPR;
b. the right to transfer data.