Information on personal data processing by Moduł Sp. z o.o.
Information on personal data processing contains the rules for the processing of personal data by Moduł Sp. z o.o. in connection with the entry into force on 25 May 2018 of GDPR, i.e. the Regulation of the European Parliament and of the Council (EU) 2016/679 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 (hereinafter referred to as: “GDPR”).
This information sets out the grounds, purposes and scope of the processing of personal data by Moduł Sp. z o.o. and the rights of data subjects.
The information is addressed to natural persons, including natural persons acting on behalf of the entities with which Moduł Sp. z o.o. concluded a contract (employees, associates, representatives and partners of Moduł Sp. z o.o.’s contractors).
I. Personal Data Controller
The controller of personal data is Moduł Spółka z ograniczoną odpowiedzialnością with its registered office in Kozerki at ul. Merkurego 48, entered into the register of entrepreneurs kept by the District Court for the capital city of Warsaw, XIII Commercial Division of the National Court Register (KRS) under KRS number 0000054407, holding REGON (Business ID no.): 01699421, NIP (Taxpayer ID no.): 527-23-24-647, BDO no. (Register of entities introducing products, packaged products and managing waste): 000379320, with the share capital of PLN 150,000, fully paid up (hereinafter referred to as “Moduł”).
II. Purposes and grounds for data processing
II A. If you are a business entity that is or has been a party to a contract with Moduł, your personal data are processed:
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for the purpose of taking steps prior to entering into a contract and for the purpose of performing a contract concluded with you, including for the purpose of contacting you in connection with the contract. In this respect, personal data are processed in accordance with Article 6(1)(b) of GDPR;
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for the purposes arising from the legitimate interests of Moduł as a data controller, i.e. the establishment, exercise or defence of legal claims that may arise in connection with non-performance or improper performance of the contract you concluded with Moduł.
In this respect, personal data are processed in accordance with Article 6(1)(f) of GDPR; -
for the purpose of making you an offer to sell or purchase goods. The legal ground for data processing in this regard is Article 6(1)(f) of GDPR;
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for the purposes arising from the Moduł’s legal obligations, in particular under tax/accounting regulations. In this respect, personal data are processed in accordance with Article 6(1)(c) of GDPR.
II.B If you are an employee, associate, representative or partner of an entity with which Moduł has entered into a contract (of a Moduł’s contractor), your personal data are processed:
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for the purpose of taking steps prior to entering into a contract and for the purpose of performing a contract concluded with an entity on whose behalf you are acting, including for the purpose of contacting you in connection with the contract. In this respect, personal data are processed in accordance with Article 6(1)(b) of GDPR;
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for the purposes arising from the legitimate interests of Moduł as a data controller, i.e. the establishment, exercise or defence of legal claims that may arise in connection with non-performance or improper performance of the contract concluded by Moduł with
the entity on whose behalf you are acting. In this respect, personal data are processed in accordance with Article 6(1)(f) of GDPR; -
for the purposes arising from Moduł’s legal obligations, in particular under tax/accounting regulations if your data were provided in the contract or other documents related to Moduł’s performance of its obligations under the law, in particular tax and accounting regulations.
In this respect, personal data are processed in accordance with Article 6(1)(c) of GDPR.
II.C If you are a potential contractor of Moduł or you are acting on behalf of a potential contractor of Moduł, your personal data are processed:
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for the purpose of taking steps prior to entering into a contract. In this respect, personal data are processed in accordance with Article 6(1)(b) of GDPR;
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for the purpose of responding to your inquiries or requests, including through the contact form available on www.modli.pl. In this respect, personal data are processed in accordance with Article 6(1)(f) of GDPR.
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for the purpose of re-offering you the sale or purchase of products. In this respect, personal data are processed in accordance with Article 6(1)(f) of GDPR.
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for the purposes arising from the legitimate interests of Moduł as a data controller, i.e. the establishment, exercise or defence of legal claims that may arise in connection with the failure to conclude and perform a contract with Moduł.
In this respect, personal data are processed in accordance with Article 6(1)(f) of GDPR.
III. The categories of your personal data processed by Moduł:
Depending on the purpose and the legal grounds for processing personal data, Moduł may process the following data:
- name and surname,
- telephone number,
- e-mail address,
- position,
and if you are a party to a contract with Moduł, additionally:
- the address of your place of business,,
- NIP (Taxpayer ID no.),
- your bank account number,
- other (than name and surname) designations used in your company name.
IV. Data recipients
Depending on the purpose and legal grounds for processing your personal data, Moduł may disclose your personal data to the following categories of entities:
- employees or associates of Moduł who may have access to your personal data in connection with the performance of their duties on the basis of contracts concluded with Moduł;
- Moduł’s legal service provider;
- Moduł’s computer technology service provider and IT service providers;
- Moduł’s tax service provider;
- banks with which Moduł concluded a bank account agreement;
- Moduł’s insurer and the pre-court debt collector;
- entity performing freight transport / forwarding, including couriers;
- public operator Poczta Polska S.A;
- public authorities and entities performing public tasks or acting by order of public authorities, to the extent and for the purposes arising from the provisions of generally applicable law.
Transfer of data to third countries or international organisations
Moduł does not transfer data to countries outside the European Union or to international organisations.
VI. Period of personal data retention
Subject to the following paragraphs, Moduł shall retain personal data until the end of the period of limitation for potential claims that may arise in connection with non-performance or improper performance of the contract(s) concluded by Moduł with you
or with the contractor on whose behalf you are acting, or until the end of the tax liability period, whichever is later.
Subject to the paragraph below, if your personal data have been processed for the purpose of entering into a contract, however a contract has not been entered into, your personal data will be processed for 1 year from the date of the last contact with you, unless longer
retention of your personal data is justified by potential claims that may arise from the failure to complete the contract, in which case your personal data will be processed until the end of the period of limitation for claims.
If your personal data were processed only for the purpose of responding to your inquiries or requests, including through the contact form available on www.silentec.pl, your personal data will be retained for the period necessary for responding to your inquiry or request.
VII. Rights of a data subject:
You have:
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the right to access your data and to receive a copy thereof;
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the right to immediately rectify your personal data that are inaccurate. Taking into account the purposes of the processing, you have the right to request the completion of incomplete personal data, including by providing an additional statement;
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the right to erase your data where:
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your personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
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you have raised an objection to the processing under Article 21(1) of GDPR and there are no overriding legitimate grounds for processing by Moduł;
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you have objected under Article 21(2) of GDPR to the processing of your personal data for the purposes of direct marketing – if your personal data are processed for the purposes of direct marketing;
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your personal data have been unlawfully processed;
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your personal data must be erased in order to comply with a legal obligation under the European Union law or the law of a Member State to which Moduł is subject as a controller.
The right to erasure is not exercised where the processing is necessary for:
- exercising the right to freedom of expression and information; compliance with a legal obligation requiring the processing under European Union law or the law of a Member State to which Moduł is subject;
- the establishment, exercise or defence of legal claims.
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right to object
- on grounds relating to your particular situation – to the Moduł’s processing of your personal data for purposes arising from the legitimate interests pursued by Moduł where the processing of your data is necessary for the aforementioned purposes. If you raise such an objection, Moduł will not process the personal data subject to the objection unless Moduł demonstrates the existence of valid legitimate grounds for processing which override your interests, rights and freedoms, or where it is necessary for the establishment, exercise or defence of legal claims.
- if your personal data are processed for direct marketing purposes, you have the right to object, at any time, to such processing of your personal data, insofar as the processing is related to the direct marketing.
- right to request Moduł to restrict the processing of your personal data in the following cases:
- if you contest the accuracy of your personal data – for a period allowing Moduł to verify the accuracy of the data;
- the processing is unlawful and you oppose to the erasure of personal data and request the restriction of their use instead;
- Moduł no longer needs 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;
- where you have raised an objection under Article 21(1) of GDPR to the processing – until it is determined whether the legitimate grounds on the part of Moduł override the grounds for your objection.
- right to lodge a complaint to the supervisory authority – if in your opinion Moduł processes data unlawfully, you may lodge a complaint to the competent supervisory authority, i.e. to the Chairman of Data Protection Office (ul. Stawki 2, 00-193 Warsaw, tel. 22 531-03-00, e-mail: kancelaria@uodo.gov.pl). To exercise your rights, please direct your request to the following e-mail address: modul@modul.waw.pl, by telephone at + 48 22 843 05 06 or visit personally Moduł’s registered office located at ul. Merkurego 48 in Kozerki. Prior to exercising the above rights, Moduł will need to ensure that the person visiting the office is the data subject, and for that reason it will be entitled to take steps to establish your identity.
VIII. Information on obligatory/voluntary provision of data
In the event that you conclude a contract with Moduł, providing personal data is voluntary, however, it is necessary to conclude and perform a contract and to make accounting and tax settlements related to the contract concluded with Moduł. Your refusal to provide your personal data will prevent the conclusion and performance of a contract with Moduł, and making accounting and tax settlements related therewith.
If you are acting on behalf of the Moduł’s contractor (or you are an employee, associate, representative or partner of that contractor), providing your personal data is voluntary, however necessary for the conclusion, performance as well as accounting and tax settlement of the contract concluded by Moduł with the contractor on whose behalf you are acting.
If you are a potential contractor of Moduł or you act on behalf of a potential contractor of Moduł, providing your personal data is voluntary, however necessary in order to undertake activities aimed at establishing business relations, including submitting an offer and concluding and performing a contract, and then making accounting and tax settlements related to the contract.
IX. Information about the source of data
Your personal data may be collected by Moduł from a publicly available source, such as the Central Registration and Information on Business Activity, from a contractor on whose behalf you are acting, as well as directly from you.
X. Information on automated decision-making regarding personal data, including profiling
No automated decisions will be made in relation to your personal data nor your personal data will be subject to automated profiling.