EMD Endoszkóp Műszer Gyártó és Kereskedelmi Kft., hereinafter referred to as the Company, by publishing this privacy notice, complies with its obligation to provide prior information to data subjects on the processing of personal data as required by REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 18 December 2016, according to which all information under the relevant articles of the Regulation must be provided to data subjects in a concise, transparent, intelligible and easily accessible form, in a clear and plain language.
I. NAME OF THE CONTROLLER
The Company shall inform the data subject that it is a controller for the processing of his or her personal data.
COMPANY NAME: EMD Endoszkóp Műszer Gyártó és Kereskedelmi Kft.
NAME OF NAME: EMD Kft.
LOCATION: 4031 Debrecen, Bartók Béla utca 113/B
COMPANY REGISTRATION NUMBER: 09-09-005538
TAX NUMBER: 11557379-2-09
TELEPHONE: 06 52 486 034
DIRECTORS: Ujvári Mihály Gyula Managing Director; Ujváriné Németh Anikó Managing Director
E-MAIL: info@emd.hu
WEB SITE: www.emd.hu
Personal data may be accessed by the Company’s employees with access rights related to the relevant data management purpose, or by persons or organisations performing data processing activities for the Company on the basis of service contracts, to the extent and to the extent necessary for the performance of their activities, as determined by the Company.
II. IDENTIFICATION OF THE DATA PROCESSOR(S)
(1) The Company shall use an external data processor for the hosting of its Internet website for the purposes of the processing of personal data processed by the Company on the basis of its voluntary consent.
COMPANY NAME: LinuxWeb Informatikai Kft.
LOCATION: 4034 Debrecen, Sólyom u. 28.
COMPANY REGISTRATION NUMBER: 09-09-014362
TAX NUMBER: 14167544-1-09
PHONE: +36 20 421 48 94
DESCRIPTION:
E-MAIL: office@linuxweb.hu
WEB SITE: linuxweb.hu
ACTIVITY: Data processing, web-hosting service
III. DEFINITIONS
(1) “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, 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;
(2) ‘processing’ means any operation or set of operations which is performed upon personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
3) “restriction of processing” means the marking of stored personal data for the purpose of restricting their future processing;
(4) ‘profiling’ means any form of automated processing of personal data by which personal data are used to evaluate personal aspects relating to a natural person, in particular to analyse or predict certain personal aspects concerning that natural person, in particular his or her performance at work, economic situation, state of health, personal preferences, interests, reliability, behaviour, location or movements;
(5) ‘pseudonymisation’ means the processing of personal data in such a way that it is no longer possible to identify the natural person to whom the personal data relate without further information, provided that such further information is kept separately and technical and organisational measures are taken to ensure that no natural person who is identified or identifiable can be linked to that personal data;
(6) ‘filing system’ means a set of personal data, structured in any way, whether centralised, decentralised or structured according to functional or geographical criteria, which is accessible on the basis of specified criteria;
(7) ‘controller’ means the natural or legal person, public authority, agency or any other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of the processing are determined by Union or Member State law, the controller or the specific criteria for the designation of the controller may also be determined by Union or Member State law;
(8) ‘processor’ means a natural or legal person, public authority, agency or any other body which processes personal data on behalf of a controller;
(9) ‘recipient’ means a natural or legal person, public authority, agency or any other body to whom or with which personal data are disclosed, whether or not a third party. Public authorities that may have access to personal data in the context of an individual investigation in accordance with Union or Member State law are not recipients; the processing of those data by those public authorities must comply with the applicable data protection rules in accordance with the purposes of the processing;
(10) ‘third party’ means a natural or legal person, public authority, agency or any other body other than the data subject, the controller, the processor or the persons who, under the direct authority of the controller or processor, are authorised to process personal data;
(11) ‘data subject’s consent’ means a freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she signifies, by a statement or by an act unambiguously expressing his or her consent, that he or she signifies his or her agreement to the processing of personal data relating to him or her;
(12) ‘personal data breach’ means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of or access to personal data transmitted, stored or otherwise processed;
(13) ‘undertaking’ means any natural or legal person, regardless of its legal form, engaged in an economic activity, including partnerships or associations engaged in a regular economic activity.
IV. LEGAL BASIS FOR PROCESSING
- Consent of the data subject
(1) The lawfulness of the processing of personal data must be based on the data subject’s consent or on some other lawful basis laid down by law.
(2) Where processing is based on the data subject’s consent, the data subject may give his or her consent to the processing of his or her personal data in the following form:
(a) in writing, in the form of a declaration of consent to the processing of personal data,
(b) electronically, by an explicit conduct on the Company’s website, by ticking a box, or by making technical settings when using information society services, as well as by any other statement or act which, in the relevant context, clearly indicates the data subject’s consent to the intended processing of his or her personal data.
(3) Silence, ticking a box or inaction shall therefore not constitute consent. (4) Consent covers all processing activities for the same purpose or purposes.
(5) Where processing is carried out for more than one purpose at the same time, consent must be given for all the purposes of the processing. Where the data subject gives his or her consent following an electronic request, the request shall be clear and concise and shall not unnecessarily impede the use of the service for which consent is sought.
(6) The data subject shall have the right to withdraw his or her consent at any time. Withdrawal of consent shall not affect the lawfulness of processing based on consent prior to its withdrawal. The data subject shall be informed before consent is given. The withdrawal of consent shall be made possible in the same simple manner as the giving of consent.
- Performance of the contract
(1) Processing shall be regarded as lawful where it is necessary for the performance of a contract to which the data subject is a party or where it is necessary for the purposes of taking steps at the request of the data subject prior to entering into the contract.
(2) The consent of the data subject to the processing of personal data which are not necessary for the performance of the contract shall not be a condition for the conclusion of the contract.
V. RIGHTS OF THE DATA SUBJECT WITH REGARD TO THE PROCESSING OF HIS/HER DATA
1. The data subject has the right:
(a) to be informed before the processing starts,
(b) to receive feedback from the controller as to whether or not his personal data are being processed and, if such processing is ongoing, to have access to the personal data and to the following information,
(c) to request the rectification or erasure of his or her data and to be informed by the controller that such rectification or erasure has taken place,
(d) to request the restriction of processing and to be informed by the controller that the processing has been restricted,
(e) to obtain the portability of the data,
(f) to object, where personal data are processed for reasons of public interest or on the basis of a legitimate interest pursued by the controller.
(g) to be exempted from automated decision-making, including profiling,
(h) to lodge a complaint with a supervisory authority. The data subject may exercise his or her right to lodge a complaint by contacting the following contact details: National Authority for Data Protection and Freedom of Information,
Address: 1125 Budapest, Szilágyi Erzsébet fasor 22/c.,
Phone: +36 (1) 391-1400;
Fax:+36(1)391-1410.,
www:http://www.naih.hu
e-mail: ugyfelszolgalat@naih.hu.
(i) effective judicial remedy against the supervisory authority,
(j) effective judicial remedies against the controller or processor
(k) To be informed of a personal data breach.
2. Detailed information on data subjects’ rights
Right to information
(1) The data subject shall have the right to be informed of the information relating to the processing of his or her data before the processing of the data is started.
(2) Information to be provided where personal data are collected from the data subject:
(a) the identity and contact details of the controller and, if any, of the controller’s representative;
(b) the contact details of the data protection officer, if any;
(c) the purposes for which the personal data are intended to be processed and the legal basis for the processing;
(d) in the case of processing based on Article 6(1)(f) of the Regulation, the legitimate interests of the controller or of a third party;
(e) where applicable, the recipients or categories of recipients of the personal data, if any;
(f) where applicable, the fact that the controller intends to transfer the personal data to a third country or to an international organisation and the existence or absence of an adequacy decision by the Commission or, in the case of a transfer referred to in Article 46, Article 47 or the second subparagraph of Article 49(1) of the Regulation, an indication of the appropriate and suitable safeguards and a reference to the means of obtaining a copy or the availability of a copy.
(3) In addition to the information referred to in paragraph 1, the controller shall, at the time of obtaining the personal data, in order to ensure fair and transparent processing, provide the data subject with the following additional information:
(a) the duration of the storage of the personal data or, where this is not possible, the criteria for determining that duration;
(b) the data subject’s right to obtain from the controller access to, rectification, erasure or restriction of the processing of personal data relating to him or her and to object to the processing of such personal data, and the data subject’s right to data portability;
(c) in the case of processing based on Article 6(1)(a) or Article 9(2)(a) of the Regulation, the right to withdraw consent at any time without prejudice to the lawfulness of the processing carried out on the basis of consent prior to its withdrawal;
(d) the right to lodge a complaint with a supervisory authority;
(e) whether the provision of the personal data is based on a legal or contractual obligation or is a precondition for the conclusion of a contract, and whether the data subject is under an obligation to provide the personal data and the possible consequences of not providing the data;
(f) the fact of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the Regulation, and, at least in these cases, clear information on the logic used and the significance of such processing and its likely consequences for the data subject.
(4) Where the personal data have not been obtained from the data subject, the controller shall provide the data subject with the following information:
(a) the identity and contact details of the controller and, if any, of the controller’s representative;
(b) the contact details of the data protection officer, if any;
(c) the purposes for which the personal data are intended to be processed and the legal basis for the processing;
(d) the categories of personal data concerned;
(e) the recipients or categories of recipients of the personal data, if any;
(f) where applicable, the fact that the controller intends to transfer the personal data to a recipient in a third country or to an international organisation and the existence or absence of an adequacy decision by the Commission or, in the case of a transfer referred to in Article 46, Article 47 or the second subparagraph of Article 49(1) of the Regulation, an indication of the appropriate and suitable safeguards and a reference to the means of obtaining a copy thereof or their availability.
(5) In addition to the information referred to in paragraph 1, the controller shall provide the data subject with the following additional information necessary to ensure fair and transparent processing for the data subject:
(a) the duration of the storage of the personal data or, where this is not possible, the criteria for determining that duration;
(b) where the processing is based on Article 6(1)(f) of the Regulation, the legitimate interests of the controller or of a third party;
(c) the right of the data subject to obtain from the controller access to, rectification, erasure or restriction of processing of personal data relating to him or her and to object to the processing of personal data, as well as the right of the data subject to data portability;
(d) in the case of processing based on Article 6(1)(a) or Article 9(2)(a) of the Regulation, the right to withdraw consent at any time without prejudice to the lawfulness of the processing carried out on the basis of consent prior to its withdrawal;
(e) the right to lodge a complaint with a supervisory authority;
(f) the source of the personal data and, where applicable, whether the data originate from publicly accessible sources; and
(g) the fact of automated processing, including profiling, referred to in Article 22(1) and (4) of the Regulation and, at least in those cases, the logic used and clear information on the significance of such processing and its likely consequences for the data subject.
(6) If the controller intends to further process personal data for a purpose other than that for which they were obtained, the controller shall inform the data subject of that other purpose and of any relevant additional information referred to in paragraph 2 before further processing.
(7) Paragraphs 1 to 3 shall not apply if and to the extent that:
(a) the data subject already has the information;
(b) the provision of the information in question proves impossible or would involve a disproportionate effort, in particular in the case of processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, taking into account the conditions and safeguards referred to in Article 89(1), or where the obligation referred to in paragraph 1 of this Article would be likely to render impossible or seriously impair the achievement of the purposes of such processing. In such cases, the controller shall take appropriate measures, including making the information publicly available, to protect the rights, freedoms and legitimate interests of the data subject;
(c) the obtaining or disclosure of the data is expressly required by Union or Member State law applicable to the controller, which provides for appropriate measures to protect the legitimate interests of the data subject; or
(d) the personal data must remain confidential pursuant to an obligation of professional secrecy under Union or Member State law, including a statutory obligation of secrecy.
Right of access of the data subject
(1) The data subject shall have the right to obtain from the controller feedback as to whether or not his or her personal data are being processed and, where such processing is taking place, the right to access 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 recipients to whom or which the personal data have been or will be disclosed, including in particular recipients in third countries or international organisations;
(d) where applicable, the envisaged duration of the storage of the personal data or, if this is not possible, the criteria for determining that duration;
(e) the right of the data subject to obtain from the controller the rectification, erasure or restriction of the processing of personal data relating to him or her and to object to the processing of such personal data;
(f) the right to lodge a complaint with a supervisory authority;
(g) where the data have not been collected from the data subject, any available information concerning their source;
(h) the fact of automated processing, including profiling, referred to in Article 22(1) and (4) of the Regulation and, at least in these cases, the logic used and clear information on the significance of such processing and its likely consequences for the data subject.
(2) Where personal data are transferred to a third country or an international organisation, the data subject shall have the right to be informed of the appropriate safeguards for the transfer in accordance with Article 46.
(3) The controller shall provide the data subject with a copy of the personal data which are the subject of the processing. For additional copies requested by the data subject, the controller may charge a reasonable fee based on the administrative costs. Where the data subject has made the request by electronic means, the information shall be provided in a commonly used electronic format, unless the data subject requests otherwise.
The data subject’s right to rectification and erasure
Right to rectification
(1) The data subject shall have the right to obtain from the controller, upon his or her request and without undue delay, the rectification of inaccurate personal data relating to him or her. Taking into account the purposes of the processing, the data subject shall have the right to obtain the rectification of incomplete personal data, including by means of a supplementary declaration.
Right to erasure (“right to be forgotten”)
(1) The data subject shall have the right to obtain from the controller, upon his or her request, the erasure of personal data relating to him or her without undue delay and the controller shall be obliged to erase personal data relating to him or her without undue delay where one of the following grounds applies:
- the personal data are no longer necessary for the purposes for which they were collected or otherwise processed;
- the data subject withdraws his or her consent pursuant to Article 6(1)(a) of the Regulation (consent to the processing of personal data) or Article 9(2)(a) of the Regulation (explicit consent) on which the processing is based and there is no other legal basis for the processing;
(c) the data subject objects to processing on the basis of Article 21(1) of the Regulation (right to object) and there is no overriding legitimate ground for processing, or the data subject objects to processing on the basis of Article 21(2) of the Regulation (objection to processing of personal data for commercial purposes);
- the personal data have been unlawfully processed;
- the personal data must be erased in order to comply with a legal obligation under Union or Member State law to which the controller is subject;
the personal data have been collected in connection with the provision of information society services referred to in Article 8(1).
(2. Where the controller has disclosed personal data and is required to erase them at the request of the data subject, the controller shall take reasonable steps, including technical measures, taking into account the available technology and the cost of implementation, to inform the controllers which process the data that the data subject has requested the deletion of the links to or copies or replicas of the personal data in question.
(3) Paragraphs 1 and 2 shall not apply where the processing is necessary:
(a) for the exercise of the right to freedom of expression and information;
(b) for the purposes of complying with an obligation under Union or Member State law to which the controller is subject to which the processing of personal data 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) on grounds of public interest in the field of public health pursuant to Article 9(2)(h) and (i) of the Regulation and Article 9(3) of the Regulation;
(d) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) of the Regulation, where the right referred to in paragraph 1 would be likely to render impossible or seriously impair such processing; or
(e) for the establishment, exercise or defence of legal claims.
Right to restriction of processing
(1) The data subject shall have the right to obtain, at his or her request, the restriction of processing by the controller where one of the following conditions is met:
(a) the data subject contests the accuracy of the personal data, in which case the restriction shall apply for a period of time which allows the controller to verify the accuracy of the personal data;
(b) the processing is unlawful and the data subject opposes the erasure of the data and requests instead the restriction of their use;
(c) the controller no longer needs the personal data for the purposes of the processing, but the data subject requires them for the establishment, exercise or defence of legal claims; or
(d) the data subject has objected to the processing pursuant to Article 21(1) of the Regulation; in this case, the restriction shall apply for a period of time until it is established whether the legitimate grounds of the controller override the legitimate grounds of the data subject.
(2) Where processing is subject to restriction pursuant to paragraph 1, such personal data shall, except for storage, be processed only with the consent of the data subject 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 important public interests of the Union or of a Member State.
(3) The controller shall inform the data subject at whose request the processing has been restricted pursuant to paragraph 1 in advance of the lifting of the restriction.
Obligation to notify the rectification or erasure of personal data or the restriction of processing
(4) The controller shall inform each recipient to whom or with which the personal data have been disclosed of the rectification, erasure or restriction of processing, unless this proves impossible or involves a disproportionate effort.
(5) The controller shall inform the data subject, at his or her request, of those recipients.
Right to data portability
(1) The data subject shall have the right to receive personal data relating to him or her which he or she has provided to a controller in a structured, commonly used, machine-readable format and the right to transmit those data to another controller without hindrance from the controller to whom the personal data have been provided, if:
(a) the processing is based on consent pursuant to Article 6(1)(a) of the Regulation (consent of the data subject to the processing of personal data) or Article 9(2)(a) of the Regulation (explicit consent of the data subject to the processing) or on a contract pursuant to Article 6(1)(b); and
(b) the processing is carried out by automated means.
(2) In exercising the right to data portability pursuant to paragraph (1), the data subject shall have the right to request, where technically feasible, the direct transfer of personal data between controllers.
(3) The exercise of the right referred to in paragraph 1 of this Article shall be without prejudice to Article 17 of the Regulation. That right shall not apply where the processing is 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.
The right to protest
1) The data subject shall have the right to object at any time, on grounds relating to his or her particular situation, to processing of his or her personal data carried out in the public interest or in the exercise of official authority or to processing necessary for the purposes of the legitimate interests pursued by the controller or by a third party (processing based on Article 6(1)(e) or (f) of the Regulation), including profiling based on those provisions. In such a case, the controller may 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 the processing of personal data is carried out 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 purposes, including profiling, where it is related to direct marketing.
(3) Where the data subject objects to the processing of personal data for direct marketing purposes, the personal data shall no longer be processed for those purposes.
(4) The right referred to in paragraphs (1) and (2) shall be explicitly brought to the attention of the data subject at the latest at the time of the first contact with the data subject and the information shall be clearly displayed and separately from any other information.
(5) In connection with the use of information society services and by way of derogation from Directive 2002/58/EC, the data subject may exercise the right to object by automated means based on technical specifications.
(6) Where personal data are processed for scientific or historical research purposes or statistical purposes in accordance with Article 89(1) of the Regulation, the data subject shall have the right to object, on grounds relating to his or her particular situation, to the 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.
Right not to be subject to automated decision-making
(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 where the decision:
(a) necessary for entering into, or performance of, a contract between the data subject and the controller;
(b) permitted by Union or Member State law applicable to the controller which also lays down appropriate measures to protect the rights and freedoms and legitimate interests of the data subject; or
(c) based on the explicit consent of the data subject.
In the cases referred to in points (a) and (c) of paragraph 2, the controller shall take appropriate measures to safeguard the rights, freedoms and legitimate interests of the data subject, including at least the right to obtain human intervention by the controller, to express his or her point of view and to object to the decision.
(4) The decisions referred to in paragraph 2 shall not be based on the special categories of personal data referred to in Article 9(1) of the Regulation, unless Article 9(2)(a) or (g) applies and appropriate measures have been taken to safeguard the rights, freedoms and legitimate interests of the data subject.
The data subject’s right to complain and seek redress
The right to lodge a complaint with the supervisory authority.
(1) The data subject shall have the right to lodge a complaint with the supervisory authority pursuant to Article 77 of the Regulation if the data subject considers that the processing of personal data relating to him or her infringes this Regulation.
(2) The data subject may exercise his or her right to lodge a complaint by contacting:
National Authority for Data Protection and Freedom of Information Address: 1125 Budapest, Szilágyi Erzsébet fasor 22/c Phone: +36 (1) 391-1400; Fax: +36 (1) 391-1410 www: http://www.naih.hu e-mail: ugyfelszolgalat@naih.hu
(3) The supervisory authority with which the complaint has been lodged shall inform the customer of the procedural developments concerning the complaint and its outcome, including the customer’s right to a judicial remedy under Article 78 of the Regulation.
Right to an effective judicial remedy against the supervisory authority
(1) Without prejudice to any other administrative or non-judicial remedy, any natural or legal person shall have the right to an effective judicial remedy against a legally binding decision of the supervisory authority concerning him.
(2) Without prejudice to any other administrative or non-judicial remedy, any person concerned shall have the right to an effective judicial remedy if the competent supervisory authority does not deal with the complaint or does not inform the person concerned within three months of the procedural developments concerning the complaint lodged under Article 77 of the Regulation or of the outcome of the complaint.
(3) Proceedings against a supervisory authority shall be brought before the courts of the Member State in which the supervisory authority is established.
(4) Where proceedings are brought against a decision of a supervisory authority on which the Board has previously issued an opinion or taken a decision under the consistency mechanism, the supervisory authority shall be required to transmit that opinion or decision to the court.
Right to an effective judicial remedy against the controller or processor
(1) Without prejudice to any available administrative or non-judicial remedies, including the right to lodge a complaint with a supervisory authority pursuant to Article 77, any data subject shall have the right to an effective judicial remedy if 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 not in accordance with this Regulation.
(2) Proceedings against a controller or processor shall be brought before the courts of the Member State in which the controller or processor is established. Such proceedings may also be brought before the courts of the Member State in which the data subject has his or her habitual residence, unless the controller or processor is a public authority of a Member State acting in its exercise of official authority.
Restrictions
(1) Union or Member State law applicable to a controller or processor may, by legislative measures, limit the scope of the rights and obligations set out in Article 5 in respect of its provisions in Articles 12 to 22 and Article 34 and in accordance with the rights and obligations set out in Articles 12 to 22, if the limitation respects the essential content of fundamental rights and freedoms and is a necessary and proportionate measure in a democratic society to protect them:
(a) national security;
(b) national defence;
(c) public security;
(d) the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the protection against and the prevention of threats to public security;
(e) other important objectives of general public interest of the Union or of a Member State, in particular important economic or financial interests of the Union or of a Member State, including monetary, budgetary and taxation matters, public health and social security;
(f) the independence of the judiciary and the protection of judicial proceedings;
(g) the prevention, investigation, detection and prosecution of ethical violations in the regulated professions;
(h) in the cases referred to in points (a) to (e) and (g), even occasionally, control, investigation or regulatory activities related to the exercise of public authority;
(i) the protection of the data subject or the rights and freedoms of others;
(j) the enforcement of civil claims.
(2) The legislative measures referred to in paragraph 1 shall contain, where appropriate, at least detailed provisions:
(a) the purposes or categories of processing,
(b) the categories of personal data,
(c) the scope of the restrictions imposed,
(d) the safeguards against misuse or unauthorised access or disclosure,
(e) the definition of the controller or the categories of controllers,
(f) the duration of storage and the applicable safeguards, taking into account the nature, scope and purposes of the processing or categories of processing,
(g) the risks to the rights and freedoms of data subjects; and
(h) the data subjects’ right to be informed of the restriction, except where this may undermine the purpose of the restriction.
Information about the data breach
(1) Where a personal data breach is likely to result in a high risk to the rights and freedoms of natural persons, the controller shall inform the data subject of the personal data breach without undue delay.
(2) The information referred to in paragraph 1 provided to the data subject shall describe in a clear and plain language the nature of the personal data breach and shall include at least the following
the name and contact details of the data protection officer or other contact person providing further information, the likely consequences of the personal data breach, the measures taken or envisaged by the controller to remedy the personal data breach, including, where appropriate, measures to mitigate any adverse consequences of the personal data breach.
(3) The data subject need not be informed as referred to in paragraph 1 if any of the following conditions are met:
(a) the controller has implemented appropriate technical and organisational protection measures and those measures have been applied in relation to the data affected by the personal data breach, in particular measures, such as the use of encryption, which render the data unintelligible to persons not authorised to access the personal data;
(b) the controller has taken additional measures following the personal data breach to ensure that the high risk to the rights and freedoms of the data subject referred to in paragraph 1 is no longer likely to materialise;
(c) the provision of information would require a disproportionate effort. In such cases, the data subjects shall be informed by means of publicly disclosed information or by means of a similar measure which ensures that the data subjects are informed in an equally effective manner.
(4) Where the data subject has not yet been notified of the personal data breach by the controller, the supervisory authority may, after having considered whether the personal data breach is likely to present a high risk, order the data subject to be informed or determine that one of the conditions referred to in paragraph 3 is met.
VI. PROCEDURE TO BE FOLLOWED IN THE EVENT OF A REQUEST BY THE DATA SUBJECT
(1) The Company shall facilitate the exercise of the data subject’s rights and shall not refuse to comply with a request to exercise the data subject’s rights, as set out in this privacy statement, unless it proves that it is not possible to identify the data subject.
(2) The Company shall, without undue delay and in any event within one month of receipt of the request, inform the data subject of the action taken in response to the request. If necessary, taking into account the complexity of the request and the number of requests, this time limit may be extended by a further two months. The controller shall inform the data subject of the extension, stating the reasons for the delay, within one month of receipt of the request.
(3) Where the data subject has made the request by electronic means, the information shall be provided by electronic means where possible, unless the data subject requests otherwise.
(4) Where the Company does not take action on the request of the data subject, it shall inform the data subject without delay and at the latest within one month of receipt of the request of the reasons for the failure to act and of the possibility for the data subject to lodge a complaint with the supervisory authority and to exercise his or her right of judicial remedy.
(5) The Company shall provide the data subject, free of charge, with the following information and measures: feedback on the processing of personal data, access to the processed data, rectification, integration, erasure, restriction of processing, portability, objection to processing, information on the data breach.
(6) Where the data subject’s request is manifestly unfounded or excessive, in particular because of its repetitive nature, the controller may, taking into account the administrative costs of providing the information or information requested or of taking the action requested, charge a fee of HUF 5 000 or refuse to act on the request.
(7) The burden of proving that the request is manifestly unfounded or excessive shall lie with the controller.
(8) Without prejudice to Article 11 of the Regulation, where the controller has reasonable doubts as to the identity of the natural person making a request pursuant to Articles 15 to 21 of the Regulation, it may request the provision of further information necessary to confirm the identity of the data subject.
VII. PROCEDURE APPLICABLE IN THE EVENT OF A DATA BREACH
(1) A personal data breach is a breach of security within the meaning of the Regulation that results in the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed.
(2) The loss or theft of a device (laptop, mobile phone) containing personal data or the loss or unavailability of a code for decrypting a file encrypted by the controller shall be considered a personal data breach, infection by ransomware (ransomware virus) which renders the data processed by the controller inaccessible until the payment of the ransom, attack on the IT system, disclosure of an e-mail or address list containing erroneous personal data, etc.
(3) In the event of detection of a data breach, the Company’s representative shall immediately conduct an investigation to identify the data breach and its possible consequences. The necessary measures shall be taken to remedy the damage.
(4) The Data Protection Incident shall be notified to the competent supervisory authority without undue delay and, if possible, no later than 72 hours after the Data Protection Incident has come to its attention, unless the Data Protection Incident is unlikely to pose a risk to the rights and freedoms of natural persons. If the notification is not made within 72 hours, it must be accompanied by the reasons justifying the delay.
(5) The processor shall notify the data protection incident to the controller without undue delay after becoming aware of it.
(6) The notification referred to in paragraph (3) shall include at least:
(a) describe the nature of the personal data breach, including, where possible, the categories and approximate number of data subjects and the categories and approximate number of data concerned by the personal data breach;
(b) provide the name and contact details of the DPO or other contact person who can provide further information;
(c)describe the likely consequences of the data breach;
(d) describe the measures taken or envisaged by the controller to remedy the personal data breach, including, where appropriate, measures to mitigate any adverse consequences of the personal data breach.
(7) If and to the extent that it is not possible to communicate the information at the same time, it may be communicated in instalments at a later stage without further undue delay.
(8) The controller shall keep a record of the personal data breach, indicating the facts relating to the personal data breach, its effects and the measures taken to remedy it. This record shall enable the supervisory authority to verify compliance with the requirements of Article 33 of the Regulation.
VIII. DATA PROCESSING ACTIVITIES RELATED TO THE PERFORMANCE OF A CONTRACT
(1) The Company shall process the personal data of natural persons contracting with it – customers, buyers, suppliers – in connection with the contractual relationship. The data subject shall be informed of the processing of personal data.
(2) Data subjects: all natural persons who enter into a contractual relationship with the Company.
(3) The legal basis for data processing is the performance of a contract, the purpose of data processing is to maintain contact, enforce claims arising from the contract, ensure compliance with contractual obligations.
(4) Recipients of personal data: the head of the Company, employees of the Company performing customer service and accounting tasks on the basis of their job function, data processors.
(5) The scope of personal and/or general data processed: name, telephone number (personal data if a private telephone number is provided), e-mail address (personal data if a private e-mail address is provided), name and address of the place of work.
(6) Duration of data processing: 5 years from the termination of the contract.
IX. PROVISIONS ON DATA SECURITY
(1) The Company may process personal data only in accordance with the activities set out in this Policy and for the purposes for which they are processed.
(2) The Company shall ensure the security of the data, and in this context undertakes to take all technical and organisational measures that are indispensable to enforce the legal provisions on data security, data protection and confidentiality, and to establish the procedural rules necessary to enforce the above-mentioned legal provisions.
(3) The Company shall take appropriate measures to protect the data against unauthorised access, alteration, transmission, disclosure, deletion or destruction, as well as against accidental destruction or damage and against inaccessibility resulting from changes in the technology used.
(4) The technical and organisational measures to be implemented by the Company to ensure data security shall be set out in the Company’s data protection policy.
(5) When determining and applying measures for data security, the Company shall take into account the state of the art and, in the event of several possible data processing solutions, shall choose the solution that ensures a higher level of protection of personal data, unless this would involve a disproportionate level of difficulty.
X. RULES ON DATA PROCESSING
1. General rules on data processing
(1) The rights and obligations of the processor in relation to the processing of personal data shall be determined by the controller within the limits of the law and the specific laws applicable to the processing.
(2) The Company declares that the data processor has no competence to make a substantive decision on the processing of personal data in the course of its activities, that it may process personal data of which it becomes aware only in accordance with the provisions of the controller, that it may not process personal data for its own purposes and that it shall store and retain personal data in accordance with the provisions of the controller.
(3) The Company shall be responsible for the lawfulness of the instructions given to the processor in relation to the processing operations.
(4) The Company shall be obliged to inform the data subjects of the identity of the processor and the place of processing.
(5) The Company shall not authorise the data processor to use any other data processor.
(6) The contract for the processing shall be in writing. The processing shall not be entrusted to an entity which has an interest in a business activity using the personal data to be processed.
XI. REVIEW AND MAINTENANCE OF THIS POLICY
This Policy shall be reviewed and maintained in the light of changes in legislation or at least once a year.
- The section of EMD Ltd.’s Privacy Policy dealing with the website, as the applicable Policy for the operation of the website www.emd.hu, is available at vww.emd.hu/administrative/.
Date of amendment of this document: 08.10.2021.
