Legal - Partners Privacy
Introduction
The Company, S.C. XCODES S.R.L., headquartered in Bănești, no. 521A Gherghiceni Street, Prahova County, Romania (hereinafter referred to as "the Company"), is processing personal data for the execution of Contract concluded with your company, its contractual partner, for the purposes and basing on the legal grounds specified below.
What are the purpose and basis of the processing
First of all, the present information is relatable for the contractor with whom the Company has a commercial relationship for which the Contractor appoints a representative / contact person / employee (hereinafter referred to as “contact persona”/ “data subject”) in order to conclude the Contract.
The Company informs you that it is constantly assessing and improving the security measures implemented to ensure the processing of personal data in safe and secure conditions. For each processing purpose, there must be a legal ground on which the Company is basing its processing activity, therefore:
| Purpose | Legal ground |
|---|---|
| Concluding and executing the contract between the Company and the Partner whose representative / contact person / employee you are, and maintaining a continuing commercial relationship, to solve any problem that may arise in the performance of the contract and the performance of the services assumed by the Partner | Art. 6 paragraph (1), letter (b) from GDPR, the Company`s interest to conduct a commercial relationship through their representatives and employees in order to implement the service contract. |
| Transmission / disclosure of personal data to public institutions or authorities, to the extent required by law. | Art. 6 paragraph (1), letter (c) from GDPR, the Company`s legal obligation to provide such information if necessary. |
| Organization of Debt Recovery, Equipment and Solving of any Legal Situation Related to Contract Execution. | Art. 6 paragraph (1), letter (f) from GDPR, the Company's legitimate interest in protecting its financial situation and its assets. The legal obligation to provide data for the purpose of conducting legal, judicial or extrajudicial procedures in connection with the performance of the contract. |
What categories of personal data we collect
The Company is processing personal data in a manner that is as transparent and fair as possible, therefore for the processing purposes mentioned above the following personal data will be covered:
| Purpose | Legal ground |
|---|---|
| Concluding and executing the contract and carrying out the business activity. | Name, surname, phone number, email address. |
| Transmission/disclosure of personal data to public institutions or authorities, to the extent required by law. | Name, surname, telephone number, e-mail address and / or any other identification data made available to the Company during execution contract, to the extent that the disclosure of these identification data is mandatory by law. |
| Organization of debt recovery, equipment and settlement of any court cases related to the execution of the contract. | Name, surname, e-mail address, telephone number and / or any other identification data made available to the Company during the execution of the contract, which disclosure of such identification data is necessary based on the legitimate interest of the Company or, as the case may be, by law. |
How do we collect personal data
Personal data is being collected, from the contact person, at the time of signing the Contract and while its execution.
Who are the recipients of personal data
In order to meet the above-mentioned purposes, the Company may use the services of some contractual partners (i.e., logistics service providers, security service providers, IT). These contractual partners carry out their commercial activity in Romania and they may be provided with your personal data in order to be used within the limits of their obligations to the Company.
The personal data we disclose to the persons empowered by us with their processing are limited to the minimum necessary personal data for the purpose of performing the respective services and, at the same time, we ask them not to use personal data for any other purpose. We make every effort to ensure that all the entities we work with store your personal data safely and securely.
The above-mentioned personal data may be made available or transmitted to third parties in the following situations:
- Public authorities, auditors or institutions with controlling powers over the Company's activities or assets that require the Company to provide information on the basis of the legal obligations’ incumbent on the Company.
- To meet a legal requirement or to protect the rights and assets of our Company or other entities or persons, such as courts of law.
- Third party acquirers to the extent that the Company's activity would (totally or partially) be transferred and the personal data of the persons concerned would be part of the assets representing the object of the transaction.
International data transfers
In the present context of your personal data processing, no data is transferred outside the country to countries within the European Union ("EU") or the European Economic Area ("EEA").
How long will your data stay in our systems
We will store your personal data only for the necessary time to achieve the processing purposes as outlined above and in compliance with the applicable legal regulations. In the event that the Company determines that it has a legitimate interest or legal obligation to continue processing your personal data for other purposes, you will be informed accordingly in advance.
We estimate that the above processing activities will require the storage of your personal data for the following time periods:
| Purpose | Legal ground |
|---|---|
| Concluding and executing the contract between the Company and the Partner whose contact you are and maintaining a continuous commercial relationship to solve any problem that may arise in the implementation of the contract. | 3 years after the termination of the contract with the Partner and for the period necessary to protect the Company's rights, taking into account the law applicable to the contract, including the prescription period and the deadlines provided for by the fiscal and accounting legislation / storage period established by the Company. |
| Transmission / disclosure of personal data to public institutions or authorities to the extent required by law. | 5 years after the termination of the contract concluded with the Company and for the period necessary to protect the rights of the Company, taking into account the law applicable to the contract, prescription and deadlines provided by the fiscal and accounting legislation / storage period established by the Company. |
| Organization of the recovery of debts, equipment and settlement of any court cases related to the execution of the contract. | 3 years after the termination of the contract concluded with the Partner and for the period necessary to protect the rights of the Company having regard to the applicable law, including the prescription period and the stipulated terms by the fiscal and accounting legislation / storage period established by the Company. |
What happens to your personal data after the processing stops
Once the above-mentioned processing period expires and the Company has no legal ground for the further processing of your personal data, all data will be erased, which may involve anonymization activities or destruction of personal data, in accordance with the Company's procedures.
Automated decision making and profile creation
The personal data mentioned herein are not subject to automated decision-making processes, including profile creation.
What are your rights
In the context of processing your personal data, you have the following rights:
- Right of access to processed personal data: You have the right to obtain confirmation that your personal data is processed or not and, if so, to have access to the personal data and the conditions under which are processed;
- The right to request the rectification or be forgotten: You can request the data controller the rectification of inaccurate personal data, the completion of incomplete data or the deletion your personal data whenever:
- the legal basis of the processing is the consent of the data subject, the data subject withdraws consent, and there is no other legal basis,
- the data is not necessary for the original purpose (and there is no new legal purpose),
- the data subject exercises the right to oppose and the controller has no legitimate reason to prevail in order to continue the processing,
- the data have been processed unlawfully,
- the deletion is necessary to comply with EU or Bulgarian legislation or
- the data were collected in relation to the information society services offered to children (if applicable), when specific requirements about consent apply;
- Right to request restriction of processing: You have the right to obtain restriction of processing in cases where:
- you consider that personal data processed are inaccurate for a period of time allowing the controller to verify it;
- processing is illegal, but you do not wish to delete your personal data, but restrict the use of such data;
- if the data controller no longer needs your personal data for the purposes mentioned above, but you need data to establish, exercise or defend a right in court;
- you have opposed to your processing for the period of time to ascertain whether the legitimate grounds of the data controller override the rights of the data subject;
- The right to withdraw your consent for processing, when processing is based on consent, without affecting the lawfulness of the processing carried out to date;
- The right to object to the processing of personal data for reasons related to your particular situation when processing is based on legitimate interest and to oppose at any time the processing of the data for purposes direct marketing, including profile creation;
- The right not to be the subject of a decision exclusively based on automated processing including the creation of profiles, which produces legal effects affecting the data subject or similarly affects it to a significant extent;
- The right to data portability meaning the right to receive the personal data you have provided to the data controller in a structured, commonly used and readable form, as well as the right to transfer the data to another operator, if the processing is based on your consent or the execution of a contract and is done by automatic means;
- The right to lodge a complaint with the Local Data Protection Authority and the right to appeal to the competent courts.
Exercise of the above-mentioned rights may be made at any time. In order to exercise these rights, we encourage you to submit a request to: [email protected]. More information about our privacy information can be found on https://xcodes.com
Tell us about your project
Our offices
- Bucharest
Blvd. Gheorghe Șincai 15B
Bucharest, Romania. - Prahova
Blvd. Carol I 31, Câmpina
Prahova, Romania.