1. Details of the data controller
Data controller: Blue Guava Technology Kft. (hereinafter: Data Controller)
Registered seat: H-1158 Budapest, Neptun utca 39/1.
Site: H-1143 Budapest, Ilka utca 31. B. ép. 3. em.
Corporate registration number: 01-09-307922
Tax number: 26209168-2-42
Contact details of the Data Protection Officer: firstname.lastname@example.org
2. General legislative provisions serving as a legal basis for data processing
- Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons concerning the processing of personal data and the free movement of such data, and repealing Directive 95/46/EC (hereinafter: Regulation or GDPR)
- Act CXII of 2011 on Informational Self-Determination and Freedom of Information (hereinafter: Act on Privacy)
- Act V of 2013 on the Hungarian Civil Code (Civil Code).
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, an identification 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. Such typical personal data includes, in particular: name, address, place, and date of birth, mother’s name.
Processing: means any operation or set of operations which is performed on personal data or sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation, or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
Data controller: means the natural or legal person, public authority, agency or 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 such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
Data processor: means the natural or legal person, public authority, agency, or other body that processes personal data on behalf of the controller.
Recipient: means a natural or legal person, public authority, agency, or another body, to which the personal data are disclosed, whether a third party or not.
In the course of processing personal data, the following principles are taken into account by the Data Controller so that personal data shall be:
- processed lawfully, fairly, and in a transparent manner in relation to the data subject (lawfulness, fairness, and transparency)
- collected for specified, explicit, and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall, by Article 89 (1) of the GDPR, not be considered to be incompatible with the initial purposes (purpose limitation)
- adequate, relevant, and limited to what is necessary for relation to the purposes for which they are processed (data minimisation)
- accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that inaccurate personal data, having regard to the purposes for which they are processed, are erased or rectified without delay (accuracy)
- kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes by Article 89 (1) of the GDPR subject to the implementation of the appropriate technical and organizational measures required by this Regulation to safeguard the rights and freedoms of the data subject (storage limitation)
- processed in a manner that ensures appropriate security of the personal data, including protection against unauthorized or unlawful processing and accidental loss, destruction, or damage, using appropriate technical or organizational measures (integrity and confidentiality)
- the Data Controller shall be responsible for compliance with the foregoing and must be able to demonstrate such compliance (accountability)
5. Data processing activity
The Data Controller communicates with contracted partners and maintains the business relationship through its contact person specified in the contract. During this process, the Data Controller processes the personal data of the contact person as follows:
|purpose of data processing:||maintaining communication and achieving cooperation in order to meet the objectives of the contract concluded between the Data Controller and the partner|
|legal basis of data processing:||Article 6 (1) f) of the GDPR: legitimate interest of the Data Controller|
|categories of data subjects:||contact persons of the partners|
|scope of personal data processed:||name, position, postal address, telephone number, email address|
|data retention period:||end of the 5th (fifth) year following the performance or termination of the contract|
|data transfer:||data transfer is not performed on the basis of Articles 44-49 of the GDPR|
|recipients:||the Data Controller transfers the details of the contact persons to clients and subcontractors|
6. Access to data
The Data Controller’s competent staff can access personal data to the extent necessary for their duties’ performance.
7. Data security measures
The Data Controller shall ensure adequate IT, technical and personnel measures to protect the processed personal data, including protecting the personal data against unlawful access or unauthorized alteration.
8. Data subject rights and their content relating to data processing
|Data subject rights relating to data processing||Content of data subject rights relating to data processing|
|Right to be informed.
/GDPR, Article 13-14./
|You have the right to be informed about the fact and purpose of data processing at the time when personal data are obtained. The Data Controller provides you with additional information necessary to ensure fair and transparent data processing, taking into account the specific circumstances and context of personal data processing. You must also be informed about any profiling and its consequences.|
|Right of access
/GDPR, Article 15/
|You are entitled to receive confirmation as to whether your personal data are being processed, and in case such data processing is in progress; you will be entitled to be granted access concerning:
· what personal data
· on what legal basis
· for what processing purposes
· for how long
are processed by the Data Controller
· who to, when, and based on which legislation did the Data Controller provide access to your personal data or who were they transmitted to
· what source do personal data originate from (if it was not you that provided them to the Data Controller)
· whether you apply automated decision-making and its logic, including profiling as well.
|Right to rectification
/GDPR, Article 16/
|You have the right to receive from the Data Controller upon request the rectification of inaccurate personal data concerning you or to have incomplete personal data completed. Therefore, you may ask the Data Controller to modify some of your personal data (for example, you can change your email address or other contact details at any time).
|Right to erasure (“right to be forgotten”)
/GDPR, Article 17/
|You have the right to obtain from the Data Controller the erasure of your personal data where one of the following grounds applies:
· your personal data are no longer necessary about the purposes for which they were collected or otherwise processed
· you withdraw your consent on which the processing is based according to point (a) of Article 6 (1), or point (a) of Article 9 (2), and there is no other legal ground for the processing
· you object to data processing based on Article 21 (1), and there is no overriding legitimate reason for the processing of data, or you object to data processing based on Article 21 (2)
· your personal data have been unlawfully processed
· your personal data must be deleted to comply with a legal obligation imposed by EU or Member State law applicable to the Data Controller
· the collection of your personal data is performed in connection with offering information society services, as referred to in Article 8 (1).
|Right to restriction
/GDPR, Article 18/
|You have the right to obtain from the Data Controller the restriction of your personal data where one of the following grounds applies:
· The accuracy of your personal data is contested by you (in this case, the restriction applies to the time period which allows the Data Controller to verify the accuracy of the personal data)
· the data processing is unlawful, and you oppose to the erasure of the data and request the restriction of their use instead
· the Data Controller no longer needs the personal data for data processing, but you require them to present, exercise, or defend a legal claim
In light of Article 21 (1), you objected to data processing (in this case, the restriction applies to the time period that is necessary to determine whether the Data Controller’s legitimate reasons override your legitimate reasons).
|Right to data portability
/GDPR, Article 20/
|You have the right to receive the personal data concerning you, which you have provided to a Data Controller, in a structured, commonly used, and machine-readable format and have the right to transmit those data to another Data Controller without hindrance from the Data Controller to which the personal data have been provided, where:
· the processing is based on consent according to point (a) of Article 6 (1), or point (a) of Article 9 (2), or on a contract within the meaning of point b) of Article 6 (1), and
· the processing is carried out by automated means.
You also have the right – if this is technically feasible – to request that your personal data are directly transferred among Data Controllers.
|Right to object
/GDPR, Article 21/
|You have the right to object, on grounds relating to your particular situation, at any time to the processing of personal data concerning you, which is based on point (e) or (f) of Article 6 (1), including profiling based on the referred provisions. In this case, the Data Controller shall not continue to process your personal data, except where the Data Controller demonstrates compelling legitimate grounds for the processing which override your interests, rights, and freedoms or for the establishment, exercise, or defense of legal claims.
If your personal data are processed for direct marketing purposes, you have the right to object at any time to the processing of personal data concerning you for such marketing purposes, which includes profiling to the extent that it is related to such direct marketing.
|Right to withdraw consent.
/GDPR, Article 7 (3)/
|You have the right to withdraw your consent at any time. Withdrawing your consent does not affect the data processing’s lawfulness based on consent before the withdrawal. You shall be informed of this before consent is granted. It shall be as easy to withdraw as to give consent.
Legal remedies for data subjects relating to data processing, and their content
|Legal remedy||Content of the remedy|
|Right to lodge a complaint with a supervisory authority /GDPR, Article 77/||If your right to the protection of personal data is infringed, you may lodge a complaint to the following Authority:
Hungarian National Authority for Data Protection and Freedom of Information
registered seat: H-1125 Budapest, Szilágyi Erzsébet fasor 22/C.
postal address: H-1530 Budapest, Pf.: 5
telephone: +36 (1) 391-1400
|Right to effective judicial remedy against a controller or processor (initiation of court proceedings)
/GDPR, Article 79/
|You have the right to go to court against the Data Controller or Data Processor if you experience unlawful processing of your personal data. The court will give priority to the case. In such cases, you are free to decide whether to submit your request to the tribunal of your domicile or your residence. Contact details of the tribunals: https://birosag.hu/torvenyszekek
10. Updates to the Privacy Notice
The Data Controller reserves the right to modify this Privacy Notice unilaterally. The modification of this Notice may be particularly executed if it is necessary due to changes in legislation, official data protection practices, business needs, or other circumstances. At the Data Subject’s request, the Data Controller sends a copy of the Privacy Notice in force to the Data Subject, in a form mutually agreed upon by the stakeholders.