Information clause

Hereby, the company “TM Flota spółka z ograniczoną odpowiedzialnością” sp. k. with its registered office in Warsaw informs that:

1. The Personal Data Controller is TM Flota spółka z ograniczoną odpowiedzialnością sp. k. with its registered office in Warsaw, ul. Jagiellońska 84, 03-303 Warszawa (hereinafter referred to as the “Administrator”).
2. You can contact the Administrator regarding the protection of personal data and the exercise of your rights via e-mail: bok@tmflota.pl and by post: ul. Jagiellońska 84, 03-303 Warszawa.
3. Depending on the services provided and your consent, your personal data will be processed by the Administrator for the following purposes and based on the following legal bases:

1. in order to take action before concluding a contract based on your interest in the offer – pursuant to Art. 6 section 1 letter b) GDPR^*;
2. in order to conclude and perform the contract – pursuant to Art. 6 section 1 letter b) GDPR;
3. in order to fulfill the legal obligation imposed on the Administrator – pursuant to Art. 6 section 1 letter c) GDPR, in particular in connection with Art. 78 section 4 of the Act of 20/06/1997, Road Traffic Law, consolidated text: Journal of Laws Laws of 2017, item 1260);
4. in order to possibly determine, pursue or defend against claims arising from business activity, which is the legitimate interest in data processing by the Administrator – pursuant to Art. 6 section 1 letter f) GDPR;
5. in order to keep accounting books and tax documentation – pursuant to Art. 6 section 1 letter c GDPR, in particular in connection with Art. 74 section 2 of the Accounting Act;
6. in order to update, correct and standardize customers’ personal data, as well as to contact customers in case of  problems with the implementation of customer requests, as part of the legitimate interest of the Administrator – pursuant to Art. 6 section 1 letter f) GDPR;
7. in order to administer, maintain and develop IT systems and ensure data security, as part of the legitimate interest of the Administrator – pursuant to Art. 6 section 1 letter f GDPR;
8. for archival (evidential) purposes being the implementation of the Administrator’s legitimate interest in securing information in the event of a legal need to prove facts – pursuant to Art. 6 section 1 letter f GDPR;
9. in order to locate the vehicle and control the proper use of the vehicle using location devices (GPS), which is the implementation of the Administrator’s legitimate interest in securing the vehicle in the event of theft or misappropriation and protection against damage – pursuant to Art. 6 section 1 letter f GDPR;
10. in order to offer  directly products and services, send reminders, invitations to events (direct marketing), which is the legitimate interest in data processing by the Administrator  pursuant to Art. 6 section 1 letter f of the GDPR, or   depending on the situation, based on the consent referred to in Art. 6 section 1 letter a) GDPR and relevant provisions on electronic communications.

1. Providing personal data is voluntary, but it is a condition for concluding and performing the contract.
2. We may share your personal data with the following categories of entities:

1. employees and collaborators of the Administrator authorized to process them on the Administrator’s orders;
2. entities entrusted by the Administrator with the processing of personal data, including:

1. providers of legal and advisory services in the event of a need to establish, pursue or defend against claims in connection with the business activities conducted by the Administrator;
2. accounting service providers;
3. providers of technical and organizational services, including, among others, IT and ICT companies;
4. companies cooperating with the Administrator in the scope of services provided, in particular repair plants, companies providing tire services, companies cooperating in the field of IT services, companies providing assistance services, companies providing geolocation services (GPS);

1. authorized authorities, in particular the Police, municipal (municipal) guards, Road Transport Inspection;
2. insurance companies, brokers.

1. Your personal data may be transferred to countries outside the European Economic Area, provided that entities based in these countries secure personal data in an appropriate manner.
2. Your personal data will be stored by the Administrator for the following periods:

1. for the period necessary to perform the contract and possibly determine, pursue or defend against related claims – for a period of 10 years or until the limitation period for claims arising from legal provisions expires;
2. data processed for the purpose of keeping accounting books and tax documentation – for the period of storage of accounting and tax documentation resulting from legal provisions;
3. data processed for the purpose of possibly fulfilling a legal obligation imposed on the administrator – for the period resulting from legal provisions;
4. in the case of data processing for the purpose of pursuing our legitimate interest – for the period until you submit an objection, subject to the need to process data until the end of the period necessary to establish, pursue or defend claims, provided that data obtained from location devices (GPS) will be stored for a period of 12 months;
5. basic data processed in order to offer products and services directly (direct marketing) – until you object to their processing for this purpose or withdraw your consent or the Administrator determines that they are out of date.

1. It is due to Mr/Ms:

1. The right to access your personal data and receive a copy thereof;
2. The right to rectify (correct) your data if it is incorrect;
3. In cases specified by law, the right to delete data, request restriction of data processing, the right to transfer data;
4. The right to lodge a complaint with the supervisory authority, i.e. the President of the Personal Data Protection Office, if the Administrator processes your personal data unlawfully.

1. It is due to you:

1. The right to object to the processing of your personal data by the Administrator for direct marketing purposes;
2. The right to object to the processing of your personal data for reasons related to your particular situation, when the basis for the processing of personal data by the Administrator is:

1. Necessity of processing for the performance of a task carried out in the public interest or in the exercise of official authority vested in the data controller (Article 6(1)(e) of the GDPR);
2. Justified legal interest of the Administrator (Article 6(1)(f) of the GDPR).

1. The right to withdraw consents, if any, given to the e-mail address or correspondence address provided above.

1. Your personal data is not subject to automated decision-making, including profiling related to automatic decision-making, i.e. profiling that would take place without human participation and produce legal effects or affect you in a similar way.

_________________________                              ____________________

Date, name and surname                                            Legible signature

^* Regulation (EU) 2016/679 of the European Parliament and of the Council of 27/04/2016 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 (General Data Protection Regulation) (OJ EU L 119, p. 1)