Processing of personal data

Information on the processing of personal data by Zakłady Chemiczne "NITRO-CHEM" S.A. for the Company's Customers and Contractors and their employees.

Pursuant to the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing the Directive 95/46/EC (General Regulation on the Data protection, hereinafter: the Regulation), we would like to inform you about the processing of your personal data by Zakłady Chemiczne "NITRO-CHEM" S.A.

  1. Who is the administrator of your personal data?

The administrator of your personal data is Zakłady Chemiczne "NITRO-CHEM" Joint-stock company with the registered office in Bydgoszcz (hereinafter: Zakłady Chemiczne "NITRO-CHEM", Company), address:

18 Theodora Wulffa Str., 85-862 Bydgoszcz, entered in the Register of Entrepreneurs of the National Court Register under the number 0000006791, court of the register: District Court in Bydgoszcz, 13th Commercial Division of the National Court Register, NIP [National Tax Identity No.]: 5540310422, REGON [Business Registry No.]: 091129384, share capital: PLN 15,293,980.00 We are part of the PGZ capital group joint stock company.

  1. How to contact the data administrator?

You can contact us in matters related to the processing of your personal data. The designated contact unit for the protection of personal data is the Quality and Audit Department, ph. 52/374 83 35, e-mail: ochronadanych@nitrochem.com.pl

  1. What purpose do we process your personal data for?

Your personal data is processed for the purpose of running a business by Zakłady Chemiczne "NITRO-CHEM", implementation of contracts concluded by the Company, contacts with customers, contractors and suppliers. The detailed scope of personal data processed by us and the legal basis for their processing may be varied depending on the purpose, which we process them for. In addition, your personal data is processed in order to perform tasks related to the company's operations within the capital group, capital dependencies resulting from the provisions of law, in particular the Commercial Companies Code, the National Court Register Act, the company's articles of association or the Act on Commercialization and Certain Employee Rights. Your data is processed for internal administrative purposes, including reporting, performance of reporting obligations and for internal purposes of the capital group.

A. Personal data of potential Customers and Contractors of the Company

We process personal data of natural persons, who are potential customers of the Company as well as potential suppliers, subcontractors, contractors or service providers, who may provide services to the Company in the future. In this case, the data processing process begins before the formal establishment of cooperation and includes the search for contractors, economic talks and negotiations, or the preparation or submission of an offer. This data is processed in order to establish economic cooperation and conclude a contract. If you belong to this group and it is you, who proposes to establish cooperation with the Company, the data is processed on the basis of Art. 6 sect. 1 letter b) of the Regulation, which says that the administrator may process personal data, including, when it is necessary to take action at the request of the data subject, before concluding a contract. When the initiative to conclude a contract and start an economic cooperation comes from Zakłady Chemiczne "NITRO-CHEM", we process your personal data on the basis of Art. 6 sect. 1 letter f) of the Regulation, which says about the possibility of data processing, when it is necessary to implement the legitimate interests of the administrator. Establishing cooperation with customers, contractors (business partners), suppliers, subcontractors, service providers or contractors is just that legitimate interest of the Company.

B. Personal data of Customers and Contractors of the Company

We process the personal data of our Customers and Contractors, who we cooperate with – such as natural persons purchasing our products or services, contractor’s suppliers, contractors providing services to the Company or subcontractors. If you are a person from this group, the processing of your personal data is based on the provision of Art. 6 sect. 1 letter b) of the Regulation, which says about the possibility of processing personal data if it is necessary for performance of the contract, which the data subject is a party to.

Furthermore, we may process personal data of our Customers or Contractors for purposes related to the implementation of obligations imposed on the company by law, e.g. tax law. In such case the processing of personal data is based on the provisions of Art. 6 sect. 1 letter c) of the Regulation.

In some cases, we may process your personal data in order to implement the legitimate interests of the Company, such as pursuing claims or defending against claims. In this case, the basis for the processing of personal data is the provision of Art. 6 sect. 1 letter f) of the Regulation, which indicates the possibility of data processing, when it is necessary to implement the legitimate interests of the administrator. When processing personal data on this basis, we always try to strike a balance between our legitimate interest and your privacy.

C. Personal data of employees and associates of the Company's Customers or Contractors

We also process personal data of employees or associates of our Customers and Contractors (suppliers, service providers, contractors, subcontractors), as well as potential Customers or Contractors, e.g. employees of companies, who we make negotiations with, regarding the conclusion of a contract, we are bound by contracts or conduct trade. If you are such a person, we would like to inform you that your personal data is processed in order to establish cooperation with your employer or customer or to perform the contract concluded between him and the Company. In such a case, the scope of data processed will include information necessary to support cooperation and contact with the Contractor, e.g. information about the termination of your employment with a given entity or change of contact details. This is a legitimate interest of Zakłady Chemiczne "NITRO-CHEM" and data processing is carried out on the basis of the provision of Art. 6 sect. 1 letter f) of the Regulation, which indicates the possibility of data processing, when it is necessary to implement the legitimate interests of the administrator or to take specific steps before concluding a contract, e.g. preparing a draft contract (Art. 6 sect. 1 letter b) of the GDPR).

  1. How long will your personal data be processed?

Your personal data will be processed for the following time:

A. Data processed for the purpose of conducting business negotiations, submitting offers, etc.

If there are negotiations regarding the conclusion of a contract with the Company - for the duration of these negotiations and for a period of up to one year since the date of their completion, and when cooperation with the Company is established, they will be processed in accordance with the provisions referred to in point 4 b.

B. Data processed in the case of business cooperation

If you are a party to a contract concluded with the Company - for the duration of this contract and until the expiry of the limitation period for claims arising from it, usually 3 years after the end of cooperation. The data in the field of financial settlements are stored for a period of 5 years since the end of the tax year, which the accounting documents or financial operations were issued in, in accordance with the content of tax regulations (Art. 6 sect. 1 letter c) of the GDPR) - in terms of personal data contained in documents subject to archiving on the basis of legal provisions.

C. Data of employees of Customers or Contractors

If you are an employee or associate of our Customer or Contractor, we will process your personal data for the duration of cooperation with a given Customer or Contractor and until the expiry of the limitation period for claims resulting from such cooperation, usually 3 years after the end of cooperation.

  1. Who may your personal data be transferred to?

Your personal data may be transferred to external entities, such as:

  1. suppliers of IT systems and IT services, providing services to the Company,
  2. entities providing the Administrator with advisory, auditing, legal assistance or assistance in the field of taxes and accounting,
  3. entities providing the Administrator with services in the field of security and property protection,
  4. entities conducting postal or courier activities,
  5. other Contractors or subcontractors participating in the process of contract performance,
  6. other companies of the PGZ capital group as part of its operations.
  1. What are your rights related to the processing of personal data?

You have the right to:

  1. access to your personal data and correct them,
  2. request to limit the processing of your data,
  3. request to delete personal data,
  4. request to transfer personal data
  5. to the extent that the data is processed, on the basis of the legitimate interest of the administrator - to object to the processing of your personal data.

In addition, if you believe that your personal data is being processed unlawfully, you have the right to lodge a complaint with the supervisory authority.

  1. Other information

Refusal to provide data may result in the inability to conclude or perform a contract with the Company.

Please, be advised that your personal data will not be / will be transferred to a third country / an international organization.

However, your data may be sent outside the EEA to the customer, supplier or contractor of the Company, if required by the performance of obligations under a contract concluded between the Company and the Contractor or (ii) entities that are suppliers of IT systems and hosting services.

If your personal data is transferred outside the EEA, the Company will put in place appropriate safeguards to ensure that such transfer is carried out in accordance with applicable data protection rules. In order to ensure an adequate level of protection of personal data, the Company may, for example, use a data processing outsourcing contract with a recipient based on standard data protection clauses approved by the European Commission or ensure that the transfer takes place to a jurisdiction that is subject to an adequacy decision by the European Commission concerning the appropriate protection of the personal data.

Please, be advised that your data will not be processed in an automated manner, and will not be used for profiling.

This information was updated on July 17, 2020 and may be subject to further changes.