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NOTICE ON PRIVACY FOR CONTRACTED NATURAL ENTITIES, ENTREPRENEURS AND LEGAL ENTITIES 

Based on articles 13 and 14 of the Decree of the European Parliament and Council 2016/679 (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 (General Data Protection Regulation) the Data Controller informs the Data Subjects about the processing of personal data as follows:

DATA CONTROLLER

Name: GCE Hungária Kft.
Based: 1083 Budapest, Bókay János utca 44-46. C6 épület, 7. emelet   
E-mail: hungary@gcegroup.com
Központi telefonszám: + 36 70 672 6142
Homepage: http://hungary.gcegroup.com/hu/

THE LEGAL BASIS OF DATA PROCESSING

The Decree of the European Parliament and Council 2016/679 (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 (General Data Protection Regulation, henceforth: GDPR), the effective text of the decree is available on the following link: https://eur-lex.europa.eu/legal-content/HU/TXT/?uri=CELEX%3A32016R0679

and

the Act CXII of 2011 on information self-determination and freedom of information, the effective text of the act is available on the following link: https://net.jogtar.hu/jogszabaly?docid=A1100112.TV

For the purposes of GDPR, “personal data”: 
means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. 

The notion of “recipient”: a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the 4.5.2016 L 119/33 Official Journal of the European Union EN framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.

PERSONAL DATA 

The purpose, legal basis, period and categories as well as the source can be found in the Appendix. 

If the basis in the Appendix is legitimate interest, the presentation of the legitimate interest is given in the Appendix. 

The provision of the personal data in the Appendix is up to the free decision of the data subject, as a rule of thumb. If the provision of the personal data detailed in the Appendix is based on law or contractual obligation or it is the preliminary condition of signing the contract the data subject is obliged to provide the personal data detailed in the Appendix, the failure to do so may result in the following legal consequences: 

  • asking for data to comply with legal obligations: getting impossible to comply with legal obligations 
  • asking for data to sign a contract: cancelling the contract 
  • asking for data to use services: refusing to provide services  

AUTOMATED DECISION MAKING AND PROFILING

The data controller does not use automated decision making or profiling.

RECIPIENT

The recipient and the method of transfer are given in the Appendix.

WHO MAY YOUR PERSONAL DATA BE DISCLOSED TO?

As a rule of thumb, the personal data of the data subject may be disclosed to the employees of the data controller in order to perform their tasks.
The data controller transfers the personal data of the data subject to government organizations in exceptional cases only. For example, if a court case is started in the ongoing legal dispute between the data subject and the data controller and the transfer of the documents containing the personal data of the data subject is required by the acting court and the police contact the data controller to require the transfer of the documents with the personal data of the data subject for the investigation. Besides this, for example the personal data are also disclosed to the lawyer acting as the legal representative of the data controller if there is a legal dispute between the data subject and the data controller.

DATA SECURITY ACTIONS

The data controller stores the personal data provided by the data subject at the headquarters of the data controller. The data controller uses the services of the data processor named in the Appendix to control the personal data of the data subject. The data controller takes appropriate data security measures to secure the personal data of the data subject including against unauthorised access or unauthorised modifications thereof. The data controller takes appropriate organizational actions to make sure the personal data do not become accessible for undefined number of persons.

YOUR RIGHTS

According to Article 15 of the GDPR, the data subject may require access to the personal data as follows:

(1) The data subject shall have the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data and the following information:

  • the purposes of the processing;
  • the categories of personal data concerned;
  • the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations; 
  • where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
  • the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
  • the right to lodge a complaint with a supervisory authority;
  • where the personal data are not collected from the data subject, any available information as to their source; 
  • the existence of automated decision-making, including profiling, and at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.

(2) The controller shall provide a copy of the personal data undergoing processing. For any further copies requested by the data subject, the controller may charge a reasonable fee based on administrative costs. Where the data subject makes the request by electronic means, and unless otherwise requested by the data subject, the information shall be provided in a commonly used electronic form. The right to obtain a copy shall not adversely affect the rights and freedoms of others.

According to Article 16 of the GDPR the data subject shall have the right to obtain from the data controller the rectification of inaccurate personal data concerning him or her. 

In case of such request from the data subject the data controller is obliged to rectify the inaccurate personal data concerning him or her without undue delay. 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.

According to Article 17 of the GDPR the data subject shall have the right to obtain from the data controller the erasure of personal data concerning him or her. 

(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:

  • the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
  • the data subject withdraws consent on which the processing is based and where there is no other legal ground for the processing;
  • the data subject objects to the processing due to the public interest or in the exercise of official authority vested in the controller or legitimate interests pursued by the controller or by a third party, and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing for direct marketing purpose.;
  • the personal data have been unlawfully processed;
  • the personal data have to be erased for compliance with a legal obligation in Union or Member State law (Hungarian law) to which the controller is subject;
  • the personal data have been collected in relation to the offer of information society services;

(2) 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.

(3) The restriction of the data subject’s right to erasure may only take place only in case of the following exceptions, i.e. in case of the above reasons the storage of the personal data is considered lawful: 

  • exercising the right of freedom of expression and information, or  
  • compliance with a legal obligation, or
  • reasons of public interest, or 
  • exercising of official authority vested in the controller, or 
  • reasons of public interest in the area of public health, 
  • archiving purposes in the public interest, or 
  • scientific or historical research purposes or statistical purposes, or
  • the establishment, exercise or defence of legal claims.   

According to Article 18 of the GDPR the data subject shall have the right to obtain from the data controller the restriction of personal data concerning him or her.

(1) The data subject shall have the right to obtain from the controller restriction of processing at his or her request where one of the following applies:

  • 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;
  • the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;
  • 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; or
  • the data subject has objected to processing due to the public interest or in the exercise of official authority or legitimate interests pursued by the controller or by a third party, in this case the restriction applies to the period until it is verified that the legitimate grounds of the controller override the legitimate grounds of the data subject.

(2) Where processing has been restricted according to the above, 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.

(3) 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.

According to Article 21 of the GDPR the data subject shall have the right to obtain from the data controller the objection to the processing of personal data concerning him or her.

(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 public interest or in the exercise of official authority or legitimate interests pursued by the controller or by a third party, 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. Where the data subject objects to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.

(3) At the latest at the time of the first communication with the data subject, the right to objection shall be explicitly brought to the attention of the data subject and shall be presented clearly and separately from any other information.

(4) 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.

(5) Where personal data are processed for scientific or historical research purposes or statistical purposes, 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.

According to Article 20 of the GDPR the data subject shall have the right to the portability of the personal data concerning him or her. 

(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:

  • he processing is based on the consent of the data subject or the performance of a contract established with the data subject
  • and the processing is carried out by automated means.

(2) In exercising his or her right to data portability, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible.

(3) Exercising the right to data portability cannot violate the right to erasure. The exercise of the 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.

(4) The right referred to in paragraph 1 shall not adversely affect the rights and freedoms of others.

According to paragraph (3) of Article 7 of the GDPR the data subject shall have the right to withdraw his or her consent to processing his or her personal data at any time.

The data subject shall have the right to withdraw his or her consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal. The withdrawal of consent shall be as easy as giving consent.

The right of the data subject to legal remedy in court, lodging complaint with a supervisory authority

 

If the data subject experiences unlawful data processing he or she can start a court case against the data controller. Deciding the case is belongs to the scope of the tribunal. The proceeding may be brought to court – if the data subject requires – at the tribunal of his or her residence (you can find a list of tribunals and their addresses following the link below). http://birosag.hu/torvenyszekek

Without prejudice to any other administrative or judicial remedy, every data subject shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of his or her habitual residence, place of work or place of the alleged infringement if the data subject considers that the processing of personal data relating to him or her infringes the GDPR.