PRINCIPLES FOR PROCESSING OF PERSONAL DATA
Ladies and gentlemen, on 25 May 2018, a Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data as well as on the free movement of such data and a repeal of the Directive 95/46/EC (“GDPR”) entered into force throughout the European Union. Bearing the above in mind, we would like to assure you that for the protection of personal data provided by you, we apply all measures provided by law, and in addition, we apply the principle of special care. Please find below the principles by which we collect and store your data, your rights and the entities responsible for the security of your personal data processed by us. We kindly ask you to read the following information. Any processing of personal data will be based on the provisions of the existing law, including in particular the above mentioned Directive of the Council, as well as the provisions of the Polish Act of 10 May 2018 on the Protection of Personal Data (Journal of Laws of 2018, item 1000).
WHAT IS PERSONAL DATA AND HOW IS IT PROCESSED?
Article 4 point 1 of the ‘GDPR’ defines personal data as any information which identifies a natural person, directly or indirectly. These include, among others, name and surname, personal ID number (PESEL), telephone number, e-mail address, IP address, physical or physiological characteristics. In addition, such data also includes information about your location sent by smartphones, tablets and other electronic devices. Furthermore, we would like to inform you that, in accordance with “GDPR”, the protection of personal data applies only to the data of natural persons and therefore does not extend to legal entities. Processing of personal data is basically any activity that is performed on personal data or sets of personal data in an automated or non-automated manner, e.g. collection, preservation, organisation, ordering, storing, adaptation or modification, downloading, preview, use, disclosure by forwarding, dissemination or making available in any other way, adjusting or combining, restricting, deleting or destroying.
WHO PROCESSES YOUR PERSONAL DATA?
The controller of your personal data is: PCWO ENERGY S.A. with its registered office in Warsaw, entered into the National Court Register – Register kept by the District Court for the capital city of Warsaw, XII Commercial Division of the National Court Register under KRS number: 0000719437 and PCWO Energy Projekt Sp. z o.o. with its registered office in Warsaw, entered into the National Court Register – Register kept by the District Court in Kielce, X Commercial Division of the National Court Register under number: 0000719437 (hereinafter jointly referred to as PCWO). The entities mentioned above remain joint controllers of your personal data and have therefore a single contact point designated for data protection matters If you wish to contact us about any matter related to your personal data, or about any other matter, please write to us at email@example.com or call us at +48 733 754 696.
HOW DO WE OBTAIN YOUR PERSONAL DATA?
We collect personal data mainly from when you contact us.
If you are our Client, you provide us with your data when contacting us to obtain information about the scope of our services, e.g. lease of your property. We may also obtain your personal data from public administration bodies by requesting files of a pending case in which you remain a party. e may also collect your personal data from insurance companies together with case files. If you use our websites, we collect information about your activity and actions on these websites If you use our websites, we collect information about your activity and actions on these websites If you are a contracting party, you provide us with your data when contacting us about cooperation, as well as in the course of its execution, e.g. by exchanging e-mails. At the same time, we may obtain your contact details directly from someone in your organisation (e.g. you are indicated in the cooperation agreement as the person responsible for the contact or simply by adding your personal data to the message (CC) within the ongoing correspondence).
FOR WHAT PURPOSE DO WE PROCESS YOUR PERSONAL DATA?
The purposes for which we process your personal data are as follows:
- Provision of services to our Clients
Providing data is voluntary. It is aimed at ensuring the highest possible quality of our services, as well as proper protection of your interests. If you are or become a party to a contract between us, we will only process personal data necessary for the performance of the contract (i.e. for the provision of our services and for tax purposes). For example, these will be: tour name, surname, telephone number or address. These services include primarily: lease of your property necessary to develop the project and later to carry out the procedure for the construction of a photovoltaic farm.
- Legally justified interests pursued by the Controller which are: execution of contracts and orders, proper provision of services to you, maintenance of statistical data related to visits to our website, improvement of our services and their adaptation to your personalised needs, as well as marketing and promotion on the market of services.
- Operation of our websites – We process your personal data in order to ensure the functionality of our web portals. This includes, in particular, making it possible for you to send us your contact details in order to use our services.
- Cooperation with contracting parties – In case you would like to enter into a business relationship with us, your personal data as a company owner or employee will be processed in order to make it possible.
- E-mail correspondence – If you contact us via your e-mail address in matters other than those indicated above, we process your data for the purpose of this specific matter. The above may be related to e.g. conducting the recruitment process, providing services to you as Clients.
- Marketing purposes – If you are our customer, our potential customer or their representative, we will process your data for marketing purposes, related in particular to the promotion and dissemination of our offer. If you are our customer, our potential customer or their representative, we will process your data for marketing purposes, related in particular to the promotion and dissemination of our offer. Within the marketing processes we can adjust our offers, including promotional campaigns, to your interests. In connection with the activities above, we may perform profiling processes that do not affect your rights and freedoms.
In addition, upon your explicit permission, we may use your e-mail address and telephone number to communicate with you and forward our offer to you.
WHAT IS THE SCOPE OF PROCESSING OF YOUR PERSONAL DATA?
As a general rule, we only process personal data if this is actually necessary for the provision of the given service or the performance of the contract In such a case, we process your personal data in order to obtain information about the offer, hearing our comments on services or products, starting to cooperate or concluding a contract, i.e. i.e. we process the following personal data in particular:
- name and surname
- PESEL number
- Email address
- telephone number
- residential address
- information about your property
- the history of your correspondence with us
- information about the sources of obtaining your data,
- your complaints
- your opinions
- additional information included in your e-mails or provided during a telephone conversation with our representative
- your consents
- company name (if any)
- Tax Identification Number
- history of using our services
- the name of your bank and bank account number, if we have made the payment for the claim into this account
- your signature
- the IP address from which you communicate with our services
- information about the device you use when visiting our websites, including information about the settings of the device (e.g. browser type, screen resolution)
To a limited extent, we use automatic data storage mechanisms (cookies) in order to better adapt our services to your needs. Cookies are files stored on the user’s terminal device, used to identify the user’s browser when using our services. They are used to provide us, as the Controllers, with statistical information on user traffic, user activity and the use of our services. They allow to adjust the content and services to your preferences.
- content presentation – to ensure that the same content is not displayed to the user again,
- form management – in order to protect the website against the action of robots (computer programs used to automatically examine the content of the website),
- statistics – building anonymous statistics of visits to our website. We also monitor your activity on our websites using Google Analytics. To do this, we use the cookies described above. This helps us to determine how many users visit our websites and what actions they take on them. Also, this allows us to constantly improve them in order to make them better and better as well as more accessible to our Users.
You can manage the cookies used on our website, including deleting them via your web browser settings. Internet users can freely manage the files they use.
ON WHAT LEGAL BASIS DO WE PROCESS YOUR DATA?
We process your personal data in accordance with the law, in a fair and transparent manner. We process your personal data in accordance with the law, in a fair and transparent manner. We do it on the basis of:
- your voluntary consent (e.g. by sending us an e-mail),
- the legitimate interest of the Data Controller (e.g. creating a database, securing documentation for the purposes of defense of possible claims or asserting claims),
- the legitimate interest of the Data Controller (e.g. creating a database, securing documentation for the purposes of defense of possible claims or asserting claims),
- obligations arising from legal regulations (e.g. tax law or accounting regulations).
To be more specific, depending on the purpose for which we process your personal data, the basis for it may vary as follows:
- if you provide us with your personal data for the purpose of making a contact having your claim valuated, we will process it because it is necessary for taking pre-contractual actions as requested;
- if a contract is concluded between us (e.g. a lease agreement), we will process your personal data because it is necessary for the fulfilment of the concluded contract;
- data concerning the use of our services, which we obtain through the so-called cookies, is processed on the basis of your consent, expressed in accordance with Article 173 of the Telecommunications Act
- if you have given a separate consent, we will process your personal data in order to deliver to you direct marketing messages by e-mail or telephone;
- if you contact us in order to ask a question about what services we provide, how we run our websites, or how to perform certain activities, we collect your questions and related data and provide answers, because we have a legitimate interest in providing our Clients and Users of our websites with full information
- if you run a broadly defined business cooperation with us or want to establish such cooperation, we process your data because we have concluded an agreement concerning the above mentioned business cooperation (the form of such agreement may take any form, also verbal) and data processing is necessary to perform such an agreement or to respond to your proposal for cooperation and take action before concluding a given agreement; moreover, in matters concerning the cooperation we have a legally justified interest in contacting all representatives of contracting parties (e.g. their employees);
- all your data we possess as a data controller is processed also for marketing purposes with reference to the legitimate interest of the personal data controller. Marketing purposes include, in particular, providing you with regular and special offers that we believe may be of interest to you, as well as other information promoting PCWO and our services.
TO WHOM CAN WE PASS ON YOUR DATA?
If you give your consent, only trusted entities cooperating with us, i.e. in particular: our branches, employees, subcontractors, co-workers or service providers, who will help us to implement a given service (e.g. entities providing postal, courier, accounting, hosting or IT services). Transfer of personal data to another entity does not entitle it to any use of them, but only to processing it for the purposes specified in the contract entrusting them to data processing, in compliance of security of data processing and to the extent necessary for the provision of the right servicesto you and the implementation of contracts that are binding on us. The transfer of personal data does not release us (the passing party) from any responsibility for the processing of such data. Please note that your data may also be passed on to a public body, but only if such authorisation results from existing legal regulations and provided that the body makes an appropriate request in this respect.
HOW LONG DO WE PROCESS YOUR PERSONAL DATA?
Your personal data will be processed for as long as it is necessary from the point of view of the legal relations between us, i.e. for as long as there is a basis for the processing of your personal data. The duration of the data processing is in the following cases defined respectively:
- contact and preliminary assessment of your property for the implementation of the investment in the form of a photovoltaic farm – until you decide to establish cooperation; after this period, we will process your data for purposes related to the settlement of our activities, however, no longer than 5 years;
- conclusion of a contract between us (e.g. a property lease agreement) – for the duration of the contract; after this period your data will be processed for the purposes related to the settlement of our activities for a maximum period of 10 years;
- seeking payment from the insurer under the purchased insurance claim – for the duration of the payment procedure; after this period, we will process your data for purposes related to the settlement of our activities, but no longer than 5 years;
- answering questions – for the time of providing necessary explanations and answers; after this period, we will process your data for purposes related to the settlement of our activities, but no longer than 5 years;
- developing a solar farm project on your plot – for the duration of the contract; after this period, we will process your data for purposes related to the settlement of our activities, but no longer than 5 years;
- conducting business operations with contracting parties and contact regarding the establishment of such cooperation – for the duration of the cooperation or the time necessary to determine the terms of such cooperation; after this period, we will process your data for purposes related to the settlement of our activities, but no longer than 5 years;
- obtained data on how you use our services (via cookies), and data processed in our marketing database – for the entire period when you remain a customer and later – for a period of 5 years from the day you stopped being our customer ( you have stopped using our services); after this period, we will process your data for purposes related to the settlement of our activities, but no longer than 5 years.
WILL THE DATA BE TRANSFERRED OUTSIDE THE TERRITORY OF THE EUROPEAN ECONOMIC AREA (EEA)?
In our daily work, especially when running our websites, we use tools provided to us by entities located outside the European Economic Area, and some of our service providers may store your data outside of the territory specified above (e.g. Google). Whenever your data shall be transferred outside the European Economic Area, they will only go to countries for which the European Commission has issued a decision stating that they provide an required level of protection, using for example the mechanism called “Privacy Shield”, e.g. the United States.
HOW DO WE PROCESS PERSONAL DATA?
We process personal data in accordance with the existing law, in particular in accordance with the provisions of the Personal Data Protection Act as well as the General Data Protection Regulation referred to above.
When processing personal data, we respect the following rules:
- The rule of adequacy. We process only the data that is necessary to achieve the given purpose of processing; we performed an analysis of compliance with this rule for each process.
- The rule of transparency. This document, in which we try to provide you with full information about the rules for the processing of your personal data by us, is its manifestation.
- The rule of correctness. We strive to ensure that your personal data in our systems is up-to-date and truthful. If you believe that your personal data has not been updated by us in some area or is incorrect, please contact us directly via e-mail at: firstname.lastname@example.org or by phone at: +48 733 754 696.
- The rule of integrity and confidentiality. We use the necessary measures to ensure the confidentiality and integrity of your personal data. Security features include physical and technological measures that limit access to your data, as well as appropriate means of preventing data loss.
- The rule of accountability. This principle assumes that the data controller is required to demonstrate compliance with the principles of personal data protection, therefore we take all actions to provide you with complete and reliable information regarding activities related to personal data obtained.
WHAT RIGHTS DO YOU HAVE?
The GDPR provides a number of rights for persons whose personal data are collected and processed. According to the GDPR, you have the following rights
- The right to access the content of your personal data. This right means that you can request at any time that we export from our databases information about the scope of the personal data we hold about you and send it to you in one of the commonly used formats (e.g. XLSX, DOCX, PDF, etc.).
- Right of rectification. If you notice that the data processed is incorrect, you have the right to request us to correct the data and we will be obliged to do so. For the purpose of editing your data, we may ask you to send us documentation confirming the changes.
- The right to limit the processing of data. If you believe that, despite our compliance with the adequacy rule, the catalogue of your personal data that we process for a particular purpose is to broad, you have the right you request that we restrict the scope of the processing. This shall take place if your request is not against the requirements imposed on us by the existing law or if it is not necessary for the execution of the contract
- Right to demand the deletion of data. This right, also known as the right to be forgotten, means the right to request that we remove from our database systems and our documentation any information containing your personal data. Please note that we will not be able to do this if we are obliged by law to process your data (e.g. in the case of employee records, tax settlements). In any case, however, we will delete your personal data to the fullest extent possible and, where this is not possible, we will ensure pseudonymisation, so that the data that we have to retain in accordance with the existing law can only be accessed by a very limited group of people within our organisation.
- The right to transfer data to another data controller. In accordance with the GDPR, you can request that we export your personal data obtained in the course of our previous contacts and cooperation to a separate file for further transfer to another data controller.
You can exercise the rights referred to above by contacting us at the following e-mail address: email@example.com or by using the infoline: +48 733 754 696 or by post to PCWO ENERGY S.A. with its registered office in Warsaw at 53 Emilii Plater Street, 00-113 Warsaw and PCWO Energy Projekt Sp. z o.o. with its registered office in Warsaw, Emilii Plater 53 The above data remains valid also in case of any action or situation that raises your concerns regarding its compliance with the law or violation of your rights or freedoms. In such a case, we will answer your questions and doubts and promptly address the issue. Moreover, if you believe that we have violated the rules of processing your personal data in any way, you have the right to file a complaint directly to the supervisory authority, i.e. the President of the Office for Personal Data Protection (Office for Personal Data Protection, 2 Stawki Street, 00-193 Warszawa). When exercising this right, you should provide a full description of the situation and indicate what action you consider to be violating your rights or freedoms. The complaint should be submitted directly to the supervisory authority.
THE RIGHT TO OBJECT
We would like to inform you separately that you also have the right to object to the processing of your personal data. You have the right to object if you do not wish us to process your personal data for a specific purpose In this case, we will continue to process your data for the purposes of other processes (for other purposes), but no longer for the purpose to which you have objected, unless your request is against an obligation imposed on us by law The right to raise objection can be exercised through the following channels of communication: an e-mail at firstname.lastname@example.org or a call at +48 733 754 696.