The ITware Informatika Szolgáltató és Kereskedelmi Korlátolt Felelősségű Társaság, as the data controller (hereinafter ’the Controller’) is a premium software development company, which manages personal data collected during its contracts intends to inform data subjects about data processing what ITware as a data controller it recognizes as binding.
1.Details of data controller:
Name: ITware Informatikai Szolgáltató és Kereskedelmi Korlátolt Felelősségű Társaság
seat: 1117 Budapest, Budafoki út 209.
commercial registration number: 01-09-695178
tax number: 12617029-2-43
representative: Dankó Sándor chief executive officer
phone: +36 1 463 0626
2. The scope of managed data:
ITware Kft. in favour of the future business relationship with prospective customers, contracted partners to maintain business connection and to fulfil agreements, processes personal data, which is based on contributional data processing or contractual data processing.
During data process, the controller processes its prospective and existing contracted partner’s names, phone numbers, e-mail addresses, possible assignment. In that case when a prospective customer is a natural person the controller also processes their birthplace, mother’s name and tax identification number.
3. Purpose of data processing:
The purpose of data processing is to establish a business relationship, providing information about the contract terms and the new business offers, and ensuring the performance of the contract.
4.The legal basis of data processing:
The legal basis of data processing based on the point a), b), and f) of Article 6(1) in the Regulation (EU) 2016/679 of the European Parliament and of the Council 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 (hereinafter: GDPR). Data processing is necessary for the purposes of the legitimate interests pursued by the controller, advertising and commercial purposes, or performing the contract.
5. Duration of data processing:
Data processing lasts 5 years after following the termination of the contract (limitation period), or within 8 years from the date of issue of the invoice based on paragraph 169. § (1) of the Act C of 2000 on Accounting, or in case of contributional processing it lasts until the withdrawal of consent.
6. Data Protection Officer:
Given that, the controller’s activities consist of processing operations that require regular and systematic monitoring of the data subjects on a large scale (FLEETware service), Data Protection Officer shall be appointed.
Data subjects may contact the data protection officer with regard to all issues related to the processing of their personal data and to the exercise of their rights under this Regulation.
Data Protection Officer: Vass Georgina
phone: +36 1 463 0626
registered office: 1117 Budapest, Budafoki út 209.
7. Rights of the data subject
7.1. Right to information:
The controller shall take appropriate measures to provide any information referred to in Articles 13 and 14 and any communication under Articles 15 to 22 and 34 relating to processing to the data subject in a concise, transparent, intelligible and easily accessible form, using clear and plain language, in particular for any information addressed. The information shall be provided in writing or in the contact details of point 1. When requested by the data subject, the information may be provided orally, provided that the identity of the data subject is proven by other means.
7.2. The right of access by the data subject:
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 organizations;
- 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;
- 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 (if it is used), 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.
The controller informs data subjects that their personal data won’t be transferred to a third country.
The controller shall provide a free copy of the personal data undergoing processing once a year. 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. When data subject requires these data by post or on the data carrier, then he or she, in any case, shall be liable to pay for these costs to the controller.
7.3. Right to rectification:
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.
7.4. Right to erasure (‘right to be forgotten’):
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 according to the point (a) of Article 6(1), or point (a) of Article 9(2), and where there is no other legal ground for the processing;
- 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);
- 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 to which the controller is subject;
- the personal data have been collected in relation to the offer of information society services referred to in Article 8(1).
Where the controller has made the personal data public and is obliged pursuant 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. (‘right to be forgotten’).
Data cannot be deleted to the extent that processing is necessary:
- for exercising the right of freedom of expression and information;
- 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;
- 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);
- 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
- for the establishment, exercise or defence of legal claims.
7.5 Right to the restriction of processing
The data subject shall have the right to obtain from the controller restriction of processing 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;
- 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.
Where processing has been restricted based on 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 defense 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. A data subject who has obtained restriction of processing pursuant based on the above shall be informed by the controller before the restriction of processing is lifted.
7.6.Right to data portability
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.
7.7. Right to object
The data subject shall have the right to object, on grounds relating to his or her particular situation, at any time to the processing of personal data concerning him or her. 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. Where personal data are processed for direct marketing purposes, the data subject shall have the right to object at any time to the processing of personal data concerning him or her for such marketing if 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.
7.8. Right to withdraw consent:
The data subject shall have the right to withdraw his or her freely given consent at any time.
8. Supervisory authority, right to lodge a complaint:
The data subject shall have the right to lodge a complaint with the supervisory authority, when he or she considers that the Controller did not respond to any of his or her requests, or when the controller infringed legal provisions regarding data managing. The contact details of supervisory authority are the followings:
name: Hungarian National Authority for Data Protection and Freedom of Information
seat: 1125 Budapest, Szilágyi Erzsébet fasor 22/C.
phone: 06 1 391 1400
fax.: 06 1 391 1410
9. Access to justice:
Each data subject shall have the right to an effective judicial remedy where he or she considers that his or her rights under this Regulation have been infringed as a result of the processing of his or her personal data in non-compliance with this Regulation. Proceedings against a controller or a processor shall be brought before the courts of the Member State where the controller or processor has an establishment.
10. Other provisions
Data controller maintain the right to modify this Data Protection Notice.
Processing takes place only when the data subject voluntary contributes to give his or her explicit consent to the processing, or in case of contract processing, he or she contributes with his or her signature.