1. Who are we and how to find us?
The Controller of personal data is LUXOBESOLUX Sarl with its registered office in Luxembourg (address: 4, rue Fort Wallis, L-2714 Luxembourg; VAT EU LU28279037), Company Registration Number (RCS Luxembourg): B203 271 (hereinafter: “LUXOBESOLUX”).
You can contact us by e-mail: GDPR@besolux.com
2. Why do we process your personal data?
We process your personal data to the extent required by labour law, tax law, and social security law – to comply with the obligations imposed on the contracting entity (Article 6(1)(c) of the GDPR). The personal data processed by us for this purpose include special categories of data, i.e. data concerning your health (e.g. initial and periodic examination or L4 certificates). The legal basis for the processing is Article 9(2)(b) of the GDPR, which allows the processing of such data whenever necessary for the purposes of complying with obligations and exercising specific rights by the controller or the data subject in the field of employment law, social security and social protection, insofar as this is permitted by Union or Luxembourg law, or by a collective agreement under the law of a Member State which provides for adequate safeguards for the fundamental rights and interests of the data subject. The legal basis for the processing is also Article 9(2)(h) of the GDPR, which allows the processing of such data whenever the processing is necessary for the purposes of preventive or occupational medicine, for the assessment of working capacity, of the employee, for medical diagnosis, the provision of health or social care, the treatment or the management of health or social security systems and services on the basis of Union or Member State law.
Your data are also processed for the preparation, conclusion, performance and termination of our civil law contract with you (e.g. commission contract or service contract) and associated contracts (Article 6(1)(b) of the GDPR).
Apart from the data required by law, we also process your other personal data closely related to the performance of your duties and our supervision of the implementation of the contract with you. This processing involves the contents of your company e-mail box and also access control systems. We can also inspect these information if necessary, but we do not systematically monitor them. Without access to this data, we would not be able to effectively supervise most of your work, and in the event of your departure or illness, we would not be able to hand over the tasks you have carried out to other persons. Therefore, the processing is necessary for the purposes of the legitimate interests pursued by the controller (Article 6(1)(f) of the GDPR). We endeavour to limit the processing of your personal data to the strict minimum. We sets up a company e-mail box for you and keep you informed of the access control systems in use.
3. What kinds of personal data do we process?
We process the following of your personal data:
4. Whom do we disclose your personal data to? (transfer to third countries)
We will disclose your personal data, to the extent required, to government authorities entitled to it by law (such as tax authorities or the Social Insurance Institution.
Your personal data are processed in an IT system, parts of which are located in the so-called public cloud, for the purposes of storing data on a server and operating a mail server.
Your data may also be processed by the suppliers of IT tools and software used by you to implement the contract between you and us.
Your data may also be disclosed to affiliated entities of LUXOBESOLUX (including Beso Lux spółka z ograniczoną odpowiedzialnością, with a registered office in Łódź, entered into the register of entrepreneurs of the National Court Register kept by the District Court for Łódź-Śródmieście in Łódź, Twentieth Commercial Division, entry number KRS: 0000689756, statistical number REGON: 367958776 and tax identification number NIP: 7292718480) and to our contractors (clients, suppliers, subcontractors) to the extent necessary for the performance of your duties.
Also, you need to know that in our business we use the support of specialised third parties who may or need to access some of your data – namely those who provide the following services to us:
Sometimes the recipients of your data may also include users of our website and recipients of information brochures, promotional materials, etc. containing information about our staff.
Some of the operations described above involve the transfer of your personal data to so-called third countries (outside the European Economic Area), where the GDPR does not apply. This is always done, however, on the basis of the legal instruments provided for in the GDPR, which guarantee adequate protection of your rights and freedoms.
5. For how long we will process your personal data?
We are obliged to store your payroll, pay slips or other evidence used to establish the basis of your retirement or pension for a period of 50 years following the date on which you cease to cooperate with us. This obligation stems from Article 125a(4) of the Act on Retirement and Pension Benefits from the Social Insurance Fund..
As regards your data that we need for social security purposes, there are several groups of data that need to be considered. The period of retention of documents (and thus of your data contained in them) varies when it comes to declaration, settlement, and payment documents.
The declaration documents of an insured person (i.e. you) and a payer of contributions (i.e. us) should be kept for at least 5 years.
As regards settlement documents, payers of contributions must keep their copies for a period of 5 years, starting from the date on which the settlements are submitted to the Social Insurance Institution (pursuant to Article 47(3c) of the Act on the Social Insurance System). This concerns copies of settlement declarations and copies of personal monthly reports and copies of corrective settlement documents submitted by the payer to the Social Insurance Institution.
In turn, payment documents constitute evidence of payment of contributions and the date of their payment, with the obligation to keep them arising indirectly from the Tax Ordinance. Payment documents (confirming payment of social security contributions, health insurance premiums, the Labour Fund and the Guaranteed Employee Benefits Fund), as they evidence the costs incurred and the entitlement to a retirement pension, should be kept until the statute of limitations for tax liabilities.
As regards your personal data contained in your company e-mail box, such data will be stored for a period necessary to protect you against any claims you may have against us in connection with our legal relationship (until the expiry of the statute of limitations for such claims).
6. How do we make it possible for you to exercise your rights?
We are committed to ensuring that you are happy cooperating with us. However, you should be aware that you have a number of rights which will allow you to have your say on how we process your personal data, and in some cases to have such processing ceased. These rights are as follows:
− right of access (governed under Article 15 of the GDPR)
Article 15 - Right of access by the data subject
The data subject shall have the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data and the following information:
2. Where personal data are transferred to a third country or to an international organisation, the data subject shall have the right to be informed of the appropriate safeguards pursuant to Article 46 relating to the transfer.
3. The controller shall provide a copy of the personal data undergoing processing. For any further copies requested by the data subject, the controller may charge a reasonable fee based on administrative costs. Where the data subject makes the request by electronic means, and unless otherwise requested by the data subject, the information shall be provided in a commonly used electronic form.
4. The right to obtain a copy referred to in paragraph 3 shall not adversely affect the rights and freedoms of others.
- right to rectification (governed under Article 16 of the GDPR)
Article 16 - Right to rectification
The data subject shall have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
- right to erasure (governed under Article 17 of the GDPR)
Article 17 - Right to erasure (‘right to be forgotten’)
1. The data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:
Where the controller has made the personal data public and is obliged pursuant to paragraph 1 to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data. Paragraphs 1 and 2 shall not apply to the extent that processing is necessary:
- right to restriction of processing (governed under Article 18 of the GDPR)
Article 18 - Right to restriction of processing
1. The data subject shall have the right to obtain from the controller restriction of processing where one of the following applies:
2. Where processing has been restricted under paragraph 1, such personal data shall, with the exception of storage, only be processed with the data subject's consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
3. A data subject who has obtained restriction of processing pursuant to paragraph 1 shall be informed by the controller before the restriction of processing is lifted.
- right to object (governed under Article 21 of the GDPR)
Article 21 - Right to object
1. The data subject shall have the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on point (e) or (f) of Article 6(1), including profiling based on those provisions. The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.
2. Where personal data are processed for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing, which includes profiling to the extent that it is related to such direct marketing.
3. Where the data subject objects to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.
4. At the latest at the time of the first communication with the data subject, the right referred to in paragraphs 1 and 2 shall be explicitly brought to the attention of the data subject and shall be presented clearly and separately from any other information.
5. In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject may exercise his or her right to object by automated means using technical specifications.
6. Where personal data are processed for scientific or historical research purposes or statistical purposes pursuant to Article 89(1), the data subject, on grounds relating to his or her particular situation, shall have the right to object to processing of personal data concerning him or her, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
- right to data portability (governed under Article 20 of the GDPR)
Article 20 - Right to data portability
1. The data subject shall have the right to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where:
2. In exercising his or her right to data portability pursuant to paragraph 1, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible.
3. The exercise of the right referred to in paragraph 1 of this Article shall be without prejudice to Article 17. That right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
4. The right referred to in paragraph 1 shall not adversely affect the rights and freedoms of others.
To exercise any of the described rights, please contact us by e-mail to the address we use for contacting you, or to the following address: GDPR@besolux.com. You can also contact us by phone on +48 505 184 303.
7. Right to lodge a complaint with a supervisory authority
Pursuant to Article 77 of the GDPR, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the GDPR. In Luxembourg, the supervisory authority is the President of the Commission Nationale pour la Protection des Donnes – you can lodge a complaint, for instance, by traditional mail to the address: 15,Boulevard du Jazz L-4370 Belvaux, or by e-mail to info@cnpd.lu or you can obtain more detailed information (including current telephone numbers) on the following website: http://www.cnpd.lu/.
If you wish to contact another supervisory authority responsible for the protection of personal data – go to the website of the European Data Protection Board: https://edpb.europa.eu/about-edpb/about-edpb/members_en
8. Is it necessary for you to provide your data in order to enter into a contract with us?
To the extent in which we collect your personal data necessary for the performance of obligations imposed on us by law – it is your statutory obligation to provide such data.
To the extent in which we collect your additional data through tools used by you to perform your work – failure to provide your data will prevent you from performing your services. Therefore, you are obliged to accept that we have access to the personal data contained in these tools and systems.
9. Where do we get your personal data from?
We acquire your personal data exclusively from you.
10. Automated processing and profiling
We do not process your data by automated means and we do not carry out profiling within the meaning adopted in the GDPR.