This document contains basic information on the processing of your personal data. It was prepared in accordance with 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/ES (General Data Protection Regulation).
1) ADMINISTRATOR OF PERSONAL INFORMATION
An administrator is a person who either by him/herself or with others defines the purposes and decides on the way the personal information will be processed.
The administrator of your information is the company of Fiala & Šebek - Visual Communications a.s. – IČ 27818357, with its registered office at Klecany, Na Hradišti 39 2, post code: 250 67, registered at the Commercial Register kept at the Municipal Court in Prague under file number B 14026.
The administrator may be contacted via:
tel.: +420 284 689 444, e-mail: info@fiala-sebek.cz
2) BUSINESS PARTNERS
2.1 PURPOSE FOR WHICH PERSONAL INFORMATION IS REQUIRED AND LEGITIMICY OF ITS PROCESSING
Your personal information is processed for the purpose of:
- ensuring the entering into and subsequent performance of a contractual obligation between the administrator and you (art. 6, par. 1, letter b) GDPR). Furthermore, other legal obligations emerge from this relation; therefore, the administrator has to process personal information also for this purpose (art. 6, par 1, letter c) GDPR);
- the protection of our legitimate interests (art. 6, par. 1, letter f) GDPR), which is the proper and timely fulfilment of the contractual obligation between the two of us, the fulfilment of legal obligations , which arise from the contractual relation for the administrator, the protection of our reputation or the protection of property.
Providing the administrator with personal information is generally a legal and contractual obligation.
Legitimacy of processing is established by Art. 6, para.1 of the GDPR, which says that processing is legal if it is crucial for contract performance, for performance of the legal obligation of an administrator or for the protection of administrator’s legitimate interests, or the processing is done with the consent which you have granted us.
Legitimacy of processing is further established, for example, by Act no. 63/1991 Coll., on Accountancy, under which invoicing details are processed and stored, Act no. 89/2012 Coll., the Civil Code, under which an administrator protects his/hers legitimate interests or by Act no. 235/2004 Coll., on the Value Added Tax.
< p>2.2) PRIVATE INFORMATION AND ITS PROCESSING
We process this private information:
- general identification details – name and surname, or company’s name and address, its Identification Number or Tax Identification Number for a freelancer,
- contact details – telephone number and email address,
- information on services we provide you with,
- information on mutual communication – information from emails or written communication,
- invoice and transaction details – in particular information from invoices, agreed invoicing conditions and received payments,
- video records (detailed information about their processing to be found at the company’s website: www.fiala-sebek.cz/kamery)
2.2.1) Source for Personal Information
We have obtained your personal information directly from you, mainly from your business cards, orders, mutual communication or contracts that you have ent ered into with us.
The source for video records are the systems that we operate for this particular purpose. You are always notified about their operation.
Additional personal information may also come from public sources, registers and records, e.g. Commerce and Trade Register.
2.2.2 Term of processing
The information we are required to archive for the period required by the given legislation we store for the term given by the law. (This is mainly relevant for accounting records.)
Your identification and contact details and communication records will have been discarded in a 5 years’ time since the last mutual contact.
The video records are stored following the conditions stated at www.fiala-sebek.cz/kamery.
After the given term has elapsed, personal details will be securely and irreversibly destroyed to avoid their misuse.
2.2.3 Data Transfer
Within the legal framework, we are required to provide state administration bodie s (e.g. tax office, social insurance office, etc.) with personal information.
In the scope of our business activities, we work with different suppliers who may process your personal information.
We demand that all other administrators will process your personal information securely and fully in accordance with the GDPR.
We will not transfer the personal information to countries outside the European Unio n or the European Economic Area or to any international organisations.
3) JOB APPLICANTS
3.1 PURPOSE FOR WHICH WE REQUIRE PERSONAL INFORMATION AND LEGITIMACY OF ITS PROCESSING
Your personal information is processed for the purpose of:
keeping records of job applicants based on their interest;
Providing an administrator with personal information is a legal and contractual requirement.
Legitimacy of this processing is satisfied by Art. 6, para.1, of the GDPR, which states that processing is leg al if it is with the consent you have granted us.
3.2 PERSONAL INFORMATION AND ITS PROCESSING
We process this personal information of yours:
- basic identification details – name and surname, date of birth, birth number, permanent residency address,
- contact details – telephone number and email address (both company and private), contact address in case when you do not live at the permanent residency address,
- details regarding job requirements (data regarding education, certificates and further education, your previous job experience, etc.),
- medical records with regard to the job position you are interested in (or medical restrictions).
3.2.1 Source for Personal Information
Personal information has been gained directly from you, from submitted documents and mutual communication.
3.2.2 Term of processing
The given information is processed for the term of the tender or for the period of the Consent’s validity, though for 12 months at most.
3.2.3 Information Transfer
Your personal information will not be handed over to a third party.
We will not transfer the personal information to countries outside the European Unio n or the European Economic Area or to any international organisations.
4) EMPLOYEES
4.1 PURPOSE FOR WHICH WE REQUIRE PERSONAL INFORMATION AND LEGITIMACY OF ITS PROCESSING
Your personal information is processed for the purpose of:
- ensuring the entering into and subsequent performance of a contractual obligation – work contract between the administrator and you (Art. 6 para. 1, letter b) of the GDPR). Other legal obligations arise from such a relationship, hence the administrator is obliged to process personal information also for these purposes (Art. 6 Par 1, Letter c) GDPR);
- protection of employer& rsquo;s rightful interests (Art. 6 para. 1, letter f) of the GDPR), which ensure the performance of contractual relationships with clients, proper performance of all legal obligations, protection of our business and protection of our property;
- Company’s promotion – employer’s promotion – for this purpose of processing we need your unambiguous agreement (Art. 6 para. 1, letter a) of the GDPR).
Providing your employer with your personal information is a generally legal and contractual obligation as the employer in terms with the employees’ personal information is in the position.
Legitimacy of processing is ensured by Art 6, para. 1, of the GDPR, which states that processing is legal if it is crucial for the performance of contracts, the administrator’s legal obligation or protecting the administrator’s rightful interests, or processing is with the consent you have granted us.
Legitimacy of processing furt her arises from Act no. 262/2006 Coll., the Labour Code as amended, which addresses labour relationships, Act no. 435/2004 Coll., Employment Law as amended, which sets further duties for an employer when employing persons including foreigners, Act no. 582/1991 Coll. on Organisation and Implementation of Social Insurance as amended, Act no. 187/2006 Coll., on Health Insurance as amended, Act no. 89/2012 Coll., the Civil Code as amended, which states that an administrator protects his/her rightful interests.
4.2 PERSONAL INFORMATION AND ITS PROCESSING
We process this personal information of yours:
- basic identification details – name and surname, date of birth, birth number, permanent residency address,
- contact details – telephone number and e-mail address (both company and private), contact address in case when you do not live at the permanent residency address,
- details regarding job requirements (data regarding educ ation, certificates and further education, your previous job experience, etc.),
- data regarding your health condition in terms with the job position you are interested in (or medical restrictions),
- information regarding your criminal record,
- information crucial for employment paperwork (work contract, salary assessment, contracts covering jobs outside the regular employment, etc.)
- further information crucial for fulfilling other reporting obligations given by the law (your health insurance company, nationality),
- information regarding your salary assessment (your attendance, details regarding your partner and children and further information and documents to make you eligible for a tax refund, information regarding pensions and other aspects which have to be taken into account for your salary calculation),
- information regarding incapacity to work or work injury,
- information crucial for reporting damage in case of an insurance cla im (car accident, etc.),
- different mandatory reports (preventive check-ups, protective equipment, safety training, drivers‘ training, etc.),
- video records (detailed information regarding their processing to be found at www.fiala-sebek.cz/kamery),
- communication records – written, e-mails or voice records both in terms with your employment and the content of your job, i.e., negotiations with clients if it is found necessary,
- your log-in details to various systems, set-up of your user accounts, etc.,
- copies of your documents when it is required by law,
- your photograph (to be placed on our website if it is required in terms with your job position or for the company’s promotion, though always with your consent).
4.2.1 Source of Personal Information
Your personal information has been gained directly from you, mainly from applications filled in by you, documents submitted by you, mutual communication or from finalised labour contracts. Further information has been gained in terms with the fulfilment of the legal obligations arising from your employment and in terms with the performance of your work obligations.
4.2.2 Term of Processing
The information we are expected to archive on the basis given by the law is stored for the period stated in individual generally binding legal regulations (mainly with regards to the employment paperwork and payroll).
Personal information, data and documents with regard to pension scheme registry record-keeping along with the other data for it are stored for a period of 30 years.
Other personal details (e.g. certificates and documents confirming further training, medical certificates regarding your preventive check-ups, etc.) are stored for a period of 3 years from the termination of your employment.
Personal information, data and documents required only for the performance of your job are kept for the duration of your employment + 1 year.
4.2.3 Information Transfer
Within the legal framework, we are obliged to provide state administrative bodies (e.g. tax office, social insurance office, etc.) with personal information.
Likewise, within the framework of the fulfilment of finalised contracts you have concluded with us, your contact details may be handed over to our clients.
When processing employment paperwork, we use various systems mainly installed on our devices. In case a system is operated by a supplier, relevant contracts regarding the protection of personal information are entered into. Furthermore, we oversee that these suppliers also deal with your personal information with due care and in accordance with the GDPR.
We demand that all other administrators will process your personal information securely and fully in accordance with the GDPR.
We will not transfer the personal information to countries outside the Europea n Unio n or the European Economic Area or to any international organisations.
5) YOUR RIGHTS
Related to the processing of your personal information, you are guaranteed your rights as defined in this article. You may exercise your rights with the administrator at the above-mentioned contact details - either in person at the office in Bořanovická 41, 182 00 Prague 8, or in writing also at this address. (In this case we kindly ask you to have your identity verified to ensure that your personal information is not handed over to a third party.)
All statements regarding the exercising your rights will be provided by the administrator free of charge. However, should your request be clearly unreasonable or disproportional, especially if repeated, the administrator is entitled to charge you a reasonable fee to cover the administrative costs arising from providing you with the information. In case of repeated claims for issuing copies of processed personal inf ormation, the administrator reserves the right to charge a reasonable fee to cover the administrative costs arising from these claims.
The statement and possible information regarding the measures taken will be issued without undue delay, within one month at the latest. The administrator is entitled to extend the term by up to two month if need be or with regards to the complexity and the number of requests, in which case you will be informed about the extent including the reason for the delay by the processor.
5.1 THE RIGHT FOR INFORMATION REGARDING PROCESSING YOUR PERSONAL INFORMATION
You are entitled to demand the information from the administrator whether your personal information is being processed or not. Provided your personal information is being processed, you may require from the administrator the information mainly regarding his/her identity, contact details, his/her deputy or delegated person for personal information protection, reason s for processing personal information, categories of given personal information, recipients or categories of recipients of personal information, authorised administrators, lists of your rights, the possibility to approach the Office for Personal Data Protection (Úřad pro ochranu osobních údajů, pplk.) Sochora 27, 170 00 Prague 7, sources of processed personal information and also about the automated decision making and profiling.
In case the administrator intends to process your personal information for a different purpose from which it has been gained, he/she will provide you with the information about this different purpose and other relevant information prior to this announced processing.
This document already contains the information you will be provided concerning the exercising of your rights. However, it should not prevent you from requesting the information again.
5.2 THE RIGHT OF ACCESS TO PERSONAL INFORMATION
You are entitled to request from the administrator the information whether your personal information is being processed or not. Provided it is being processed, you are guaranteed access to the information regarding the purposes of processing, categories of given personal information, recipients or categories of recipients, storage period, information regarding your rights (the right to demand correction or deletion, limited processing, to raise objection against the processing), the right to lodge a complaint with the Office of Personal Data Protection (Úřad pro ochranu osobních údajů), information regarding the source of personal information, whether automated decision-making and profiling take place, the procedure used as well as the meaning and supposed consequences of such a procedure for you as well as information and undertakings provided the personal information is handed over to a third country or an international organisation. You have the right to be provided with copies of processed personal information. However, the rights and freedom of other persons may not be adversely affected by your right to obtain a copy.
5.3 THE RIGHT TO CORRECTION
Generally speaking, in certain situations you have the right to the correction of your personal information. Regarding the video records, however, this right is not applicable.
5.4 THE RIGHT TO ERASURE (THE RIGHT TO BE FORGOTTEN)
In some particular cases, you may demand the administrator to erase your personal information, for example, processed information that is no longer needed for the abovementioned purposes.
The administrator erases personal information automatically when the necessity has expired. However, you may approach him/her with your claim at any time. Your requirement then is subject to judgement. (Despite your right to erase, the administrator may still have a duty or legitimate interests to retain your pers onal information.) You will be informed in detail about how it was handled.
5.5 THE RIGHT TO RESTRICTION OF PROCESSING
The administrator processes your personal information only to the necessary extent. However, if you feel that the administrator, has, for example, exceeded the abovementioned specified purposes for which your personal information is being processed, you are entitled to claim your personal information only to be processed for the utmost necessary legal purposes or to be blocked. Your claim will be individually assessed. You will be subsequently informed about how it was handled in detail.
5.6 THE RIGHT TO PORTABILITY
If you wish the administrator to provide another administrator or a company with your personal information, the administrator will transfer your personal information in a corresponding format to your designated entity provided no legal or other significant obstacles will prevent him/her from doi ng so.
Regarding the video records, however, this right is not applicable.
5.7 THE RIGHT TO RAISE AN OBJECTION, AND AUTOMATED INDIVIDUAL DECISION-MAKING
If you have learned or you only suspect that the administrator processes the personal information in breach of the protection of your private and personal life or legislation (provided that the personal information is processed by the administrator on the basis of public or legitimate interests or it is processed for the purposes of direct marketing including profiling, or for the purposes of statistics, scientific or historical significance), you are entitled to approach the administrator and demand the explanation or to rectify the defective state.
The objection may also be raised even directly against the automated decision-making and profiling. (In case of video records, the automated decision-making and profiling do not occur, so this right is not applicable.)
5.8 &nbs p;THE RIGHT TO LODGE A COMPLAINT AT ÚŘAD PRO OCHRANU OSOBNÍCH ÚDAJŮ
You may approach the supervisory body of the Office of Personal Data Protection (Úřad na ochranu osobních údajů), with its registered office at Pplk. Sochora 27, 170 00 Prague 7, website https://www.uoou.cz/ with your proceedings or a complaint regarding processing the personal information.
6) VALIDITY
This document has been valid since 25/5/2018. It may be updated anytime.