Information on the processing of personal data provided under Article 13 of the GDPR

Beginning on May 25th 2018 all personal data is processed in accordance to 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 (General Data Protection Regulation).

1. Controller information:

Controller of your data is Plastcom, spol. s r.o., based in Hattalova 4, 831 03 Bratislava, ID: 17318378, registered in the Commercial Register maintained by Bratislava I District Court, Section s.r.o, insertion nr. 903/B (further also as „Plastcom“ and „controller“).

2. DPO or other responsible person contact information:

A person responsible for the data protection can be contacted at gdpr@plastcom.sk.

3. The rights of data subjects:

Right of access by the data subject (Article 15 EU GDPR):

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:
a)     the purposes of the processing;
b)     the categories of personal data concerned;
c)     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;
d)     where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
e)     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;
f)       the right to lodge a complaint with a supervisory authority;
g)      where the personal data are not collected from the data subject, any available information as to their source;
h)     the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) 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)     Where personal data are transferred to a third country or to an international organisation, the data subject shall have the right to be informed of the appropriate safeguards pursuant to Article 46 relating to the transfer.

3)     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.

4)     The right to obtain a copy referred to in paragraph 3 shall not adversely affect the rights and freedoms of others.

Right to rectification (Article 16 EU GDPR):

The data subject shall have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. 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.

Right to erasure (‘right to be forgotten’) (Article 17 EU GDPR):

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:
a)     the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
b)     the data subject withdraws consent on which the processing is based according to point (a) of Article 6(1), or point (a) of Article 9(2), and where there is no other legal ground for the processing;
c)     the data subject objects to the processing pursuant to Article 21(1) and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2);
d)     the personal data have been unlawfully processed;
e)     the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject;
f)       the personal data have been collected in relation to the offer of information society services referred to in Article 8(1)

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)     Paragraphs 1 and 2 shall not apply to the extent that processing is necessary:
a)     for exercising the right of freedom of expression and information;
b)     for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
c)      for reasons of public interest in the area of public health in accordance with points (h) and (i) of Article 9(2) as well as Article 9(3);
d)      for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) in so far as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
e)      for the establishment, exercise or defence of legal claims.

Right to restriction of processing (Article 18 EU GDPR):

1)     The data subject shall have the right to obtain from the controller restriction of processing where one of the following applies:
a)     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;
b)     the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;
c)     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;
d)     the data subject has objected to processing pursuant to Article 21(1) pending the verification whether the legitimate grounds of the controller override those of the data subject.
2)     Where processing has been restricted under paragraph 1, 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.

Right to data portability (Article 20 EU GDPR):

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:
a)     the processing is based on consent pursuant to point (a) of Article 6(1) or point (a) of Article 9(2) or on a contract pursuant to point (b) of Article 6(1); and
b)     the processing is carried out by automated means.
2)     In exercising his or her right to data portability pursuant to paragraph 1, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible.
3)     The exercise of the right referred to in paragraph 1 of this Article shall be without prejudice to Article 17. That 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.

Right to object (Article 21 EU GDPR):

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 point (e) or (f) of Article 6(1), 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.
3)     Where the data subject objects to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.
4)     At the latest at the time of the first communication with the data subject, the right referred to in paragraphs 1 and 2 shall be explicitly brought to the attention of the data subject and shall be presented clearly and separately from any other information.
5)     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.
6)     Where personal data are processed for scientific or historical research purposes or statistical purposes pursuant to Article 89(1), 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.

Automated individual decision-making, including profiling (Article 22 EU GDPR):

1)     The data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her.
2)     Paragraph 1 shall not apply if the decision:
a)     is necessary for entering into, or performance of, a contract between the data subject and a data controller;
b)     is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests; or
3)     In the cases referred to in points (a) and (c) of paragraph 2, the data controller shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.
4)     Decisions referred to in paragraph 2 shall not be based on special categories of personal data referred to in Article 9(1), unless point (a) or (g) of Article 9(2) applies and suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests are in place.

Right to lodge a complaint with a supervisory authority (Article 77 EU GDPR):
1)     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 this Regulation.
2)     The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Article 78.

Right to withdraw consent:

Where processing is based on consent, 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.

Prior to giving consent, the data subject shall be informed thereof. It shall be as easy to withdraw as to give consent.
To withdraw a consent the data subject can contact the controller using following means:
1)     Sending an email describing the withdrawal to gdpr@plastcom.sk
2)     Calling corporate phone number +421 (2) 4425 9160, or
3)     Sending a written request for withdrawal of a consent to the corporate headquarters of the controller labeled “GDPR – consent withdrawal” on the envelope.

4. Purpose and Legal Basis for the Processing of Personal Data

The Controller process personal data of data subjects for the following purposes:

a. the purpose of the processing of personal data in the area of Personal and Payroll agenda is to prepare and enter into an full-time or par-time employment contract or ad-hoc work agreement, evidence of work statements and capacity, payment of wages, withholdings, performance of obligations to Public authorities, work records, education records, records of issued mandates and confirmations /certificates, evidence of provided protective equipment, property or equipment, entering into agreements on material liability, the provision of employee benefits, providing employee benefits, evidence of damages caused, by employees on the employer’s property, catering, copying of documents necessary for the purpose of a labor or business relationship, as well as the fulfilment of other legal and contractual obligations

i. legal basis: fulfilment of the legal obligations:
– Act No. 311/2001 Labour Code,
– Act No. 580/2004 on health insurance,
– Act No. 461/2003 on Social Insurance,
– Act No. 595/2003 Coll. Income Tax,
– Act No. 43/2004 Z. z. on retirement pension saving and including consequential amendments,
– Act No. 557/2009 amending the consolidated Act No. 650/2004 on complementary pension schemes and amending the consolidated Act No. 575/2001 on organization of activities of the government and on organization of central public administration.,
– Act No. č. 5/2004 on Employment Services,
– Act No. č. 462/2003 on compensation of wages in case of temporary work incapacity.,
– Act No. 124/2006 on Occupational Safety and Health.
ii. recipients of personal data:
– health insurance companies, supplementary pension savings banks, pension managers, an entity providing statistics, guard service, educational agencies and trainers, companies providing work health services, occupational health assessments and health assessment, entities providing postal services, document archiving entities, bodies providing development, administration and support of information technologies & systems, entities providing external audit performance, telecommunications service providers, the company on which the personal data are stored, employers ‘ customers, employers ‘ suppliers, operating internal information systems for the controller, public authorities, lawyers and, where appropriate, the courts, law enforcement authorities and executors.
iii. retention period of personal data:
– personal data related to the employment shall be kept by the controller during the duration of the employment and further to the period required by law for the maximum period reaching 70th year of the employee’s life (including former employees).
iv. cross-border transfer of personal data:
– personal data is not transferred to another country.
v. automated decision making, including profiling of personal data:
– there is no existence of automated decision making, including profiling.

b. the purpose of the processing of personal data in the field of accounting

i. legal basis: fulfilment of the legal obligations:
– Act No. 431/2002 on Accounting,
– Act No. 595/2003 Income Tax Act,
– fulfilment of a contract with business partners.
ii. recipients of personal data
– public authorities, auditor and lawyer
iii. retention period of personal data:
– personal data related to the employment is kept by the controller during the duration of the employment and further to the period required by law for a period not exceeding 10 years.
iv. cross-border transfer of personal data:
– personal data is not transferred to another country.
v. automated decision making, including profiling of personal data:
– there is no existence of automated decision making, including profiling.

c. the purpose of processing personal data in the field of commercial communication is to prepare and implement the business activities of the Controller

i. legal basis: the legitimate interest of the controller is the right to operate within the scope of the subject matter.
ii. recipients of personal data:
– companies that are managing and supporting information technology, entities providing external audit performance, legal service providers, telecommunication service providers, data providers and, where appropriate, the courts and law enforcement agencies, companies operating internal information systems for the Controller.
iii. retention period of personal data:
– the retention period of personal data is determined the preparation and duration of the business relationship as well as the period of 5 years from the end of this business relationship.
iv. cross-border transfer of personal data:
– personal data is not transferred to another country.
v. automated decision making, including profiling of personal data:
– there is no existence of automated decision making, including profiling.

d. the purpose of marketing offers and communication i.e. sending offers for products manufactured by Plastcom and sending invitations to trade fairs

i. legal basis: the consent of the data subject
ii. recipients of personal data:
– marketing service suppliers and companies operating internal information systems for the Controller
iii. retention period of personal data:
– the period of processing is determined by the preparation and duration of the business relationship as well as the 5-year period after the termination of this business relationship.
iv. cross-border transfer of personal data:
– personal data is not transferred to another country.
v. automated decision making, including profiling of personal data:
– there is no existence of automated decision making, including profiling.

e. the purpose of keeping records of jobseekers

i. legal basis: the consent of the data subject
ii. recipients of personal data:
– there are no recipients, personal data is not provided by other legal entities
iii. retention period of personal data:
– the period of processing of personal data is two years after obtaining the consent
iv. cross-border transfer of personal data:
– personal data is not transferred to another country.
v. automated decision making, including profiling of personal data:
– there is no existence of automated decision making, including profiling.

f. the purpose of fulfilling the legal obligation to notify anti-social activities (Whistleblowing)

i. legal basis: fulfilment of the legal obligations:
– Act No. č. 307/2014 on Certain Measures Related to Reporting of Anti-social Activities.
ii. recipients of personal data:
– in justified cases, the recipients of personal data may be courts, law enforcement agencies.
iii. retention period of personal data:
– personal data related to the employment is kept by the controller during the duration of the employment and further to the period required by law, in some cases for a maximum of 3 years.
iv. cross-border transfer of personal data:
– personal data is not transferred to another country.
v. automated decision making, including profiling of personal data:
– there is no existence of automated decision making, including profiling.

g. the purpose of employee attendance monitoring associated with a face image generated when logged into the system

i. legal basis:
– the legitimate interest of the controller is the right to deduce responsibility for the breach of duty through employee attendance checks using the face image generated when logged into the system.
ii. recipients of personal data:
– companies operating internal information systems for the Controller.
iii. retention period of personal data:
– personal data related to the employment is kept by the controller during the duration of the employment and further to the period required by the legitimate interest in some cases for a maximum of 60 days.
iv. cross-border transfer of personal data:
– personal data is not transferred to another country.
v. automated decision making, including profiling of personal data:
– there is no existence of automated decision making, including profiling.

h. the purpose to ensure safety and security at workplace using CCTV

i. legal basis:
– the legitimate interest of the controller is the right to ensure safety and security at the workplace.
ii. recipients of personal data:
– companies operating internal information systems for the Controller.
iii. retention period of personal data:
– the video records are kept by the controller for a maximum period of 15 days.
iv. cross-border transfer of personal data:
– personal data is not transferred to another country.
v. automated decision making, including profiling of personal data:
– there is no existence of automated decision making, including profiling.

i. the purpose of controlling entry into the company’s premises using the guest book

i. legal basis:
– the legitimate interest of the controller is the right to ensure safety and security at the workplace by controlling the entry into the company’s premises.
ii. recipients of personal data:
– there are no recipients, personal data is not provided by other legal entities.
iii. retention period of personal data:
– personal data kept by the controller for a maximum of 5 years.
iv. cross-border transfer of personal data:
– personal data is not transferred to another country.
v. automated decision making, including profiling of personal data:
– there is no existence of automated decision making, including profiling.