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Personal data protection - information for contractors

INFORMATION CONCERNING THE PROCESSING OF PERSONAL DATA FOR CONTRACTORS, THEIR EMPLOYEES AND REPRESENTATIVES
-    published in order to comply with the obligation laid down in Article 13(1) and Article 14(1) of Regulation (EU) No 2016/679 of the European Parliament and of the Council of 26 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 (“GDPR”)


PERSONAL DATA CONTROLLER    
Mota-Engil Central Europe S.A. with its registered office in Kraków, ul. Opolska 110, 31-323 Kraków (the “Company” or “Mota-Engil”), in connection with its operations, processes personal data of natural persons cooperating with the Company. By contacting a contractor, executing and performing an agreement with a contractor or placing an order, the Company is the controller of personal data collected through these processes. 
The controller can be contacted at the following mailing address: Kraków, ul. Wadowicka 8W, or e-mail address: contact@mota-engil-ce.eu.
In matters relating to protection of personal data, please contact the Company at: odo@mota-engil-ce.eu


CATEGORIES OF PERSONAL DATA PROCESSED 
Data provided by the counterparty in connection with entering into cooperation: 
a)    business name, business address and correspondence addresses; 
b)    Tax Identification Number (NIP) or Statistical Identification Number (REGON); 
c)    first name and surname;
d)    Personal Identification Number (PESEL);
e)    ID card number and series – if required for the identification of the person concerned;
f)    contact details (e-mail address, telephone or fax number); 
g)    position held within the organisation;
h)    professional licences and certifications – if required in connection with the performance of the agreement;
i)    image – if provided e.g. in e-mail correspondence or if required e.g. to prepare an ID badge.
Data collected from other sources 
a)    from entities in which you are employed or whose representatives or contractors you are, to the extent necessary for the performance of the agreement;
b)    from publicly available sources, such as CEIDG and KRS registers, limited to publicly available data.


INFORMATION ON VOLUNTARY OR OBLIGATORY PROVISION OF DATA
If you enter into an agreement directly with Mota-Engil, the provision of data is voluntary, but necessary for the purpose of executing and performing the agreement. If you do not enter into an agreement directly with the Company, the provision of personal data may be your official duty or result from your obligations towards a counterparty of Mota-Engil. Failure to provide data will prevent the performance of the agreement.


PURPOSE, LEGAL BASIS AND PERIODS OF DATA PROCESSING
Mota-Engil will process your personal data

  • with respect to the contractor's personal data – for the purpose of executing and performing an agreement to which the contractor is a party; such data will be processed for the duration of the agreement (Article 6(1)(b) of the GDPR);
  • for the purposes of the legitimate interests pursued by the controller which include: execution and performance of agreements with contractors, verification of contractors in public registers, communication with contractors, determination, pursuit of or defence against claims; such data will be stored throughout the performance of the agreement and until the expiry of the limitation period for any claims arising therefrom (Article 6(1)(f) of the GDPR);
  • for compliance with legal obligations to which the controller is subject which include: issue of an invoice or other document required by the provisions of the Accounting Act and relevant tax regulations; demonstration of the fulfilment of conditions for participation in a public procurement procedure and the performance of such a contract in accordance with the rules provided for in the Public Procurement Law (provided that the acquisition of personal data is related to participation in such a procedure or the performance of such a contract); data archiving – the personal data will be stored for the period indicated in the Accounting Act, Tax Legislation and Public Procurement Law (Article 6(1)(c) of the GDPR).
     

CATEGORIES OF RECIPIENTS OF PERSONAL DATA
Mota-Engil may make your personal data available to:
1)    entities authorised by law (e.g. police, courts);
2)    Mota-Engil Group companies: in so far as they are involved in the provision of administrative, accounting, financial or IT services in respect of the agreement;
3)    entities providing services to Mota-Engil, in particular: suppliers of IT systems, entities providing document archiving services, entities providing IT, accounting, legal and tax advisory services;
4)    other entities to which Mota-Engil provides services in cooperation with the contractor (in particular to investors or contracting authorities when the cooperation is related to the performance of a public contract);
5)    courier or postal service providers.  
Personal data may be transferred outside the European Economic Area to suppliers of IT systems or providers of hosting services. In such a case, the processing of the data is based on the personal data protection guarantees provided, including an obligation to apply the standard contractual clauses adopted by the EU Commission or the EU-US “Privacy Shield” programme.


RIGHTS OF THE DATA SUBJECT
To the extent and on rules set out in the GDPR, you have the following rights with regard to your data:
a)   right of access to data – Article 15 of the GDPR;
b)   right to rectification – Article 16 of the GDPR;
c)   right to erasure – Article 17 of the GDPR;
d)   right to restriction of processing – Article 18 of the GDPR;
e)   right to data portability – Article 20 of the GDPR; 
f)    right to object to the processing of the data – Article 21 of the GDPR;
g)   right to revoke consent where such consent is the basis for the processing of the data – Article 13 of the GDPR.
In order to exercise these rights, please send an e-mail to odo@mota-engil-ce.eu. 

 

You also have the right to lodge a complaint with the President of the Data Protection Authority if you believe that the processing of personal data violates the provisions of the GDPR.

The principles relating to processing of personal data in Mota-Engil Central Europe S.A. websites are laid down in our privacy policy LINK