- Policy objective
Dr Gerard sp. z o.o. (“We”) considers protecting the personal data of its data subjects to be highly significant. Our objective is to process your personal data safely and lawfully, especially in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (“GDPR”).
- Who is the Controller of your personal data? How to contact us?
The Controller of your personal data is Dr Gerard sp. z o.o. with its registered office in Międzyrzec Podlaski, address: ul. Radzyńska 9, 21-560 Międzyrzec Podlaski (“Dr Gerard”).
In matters concerning the processing of your personal data, you can always contact us by e-mail sent to RODO@drgerard.eu.
- Purposes and legal bases for processing personal data. Legitimate interests.
The personal data we obtain with respect to the matters in which you address us (e.g. claims, requests, complaints and enquiries), or in which we address you, are processed only for handling the given matter (e.g. responding to your enquiries, examining your complaints and claims). You are informed of the specific purpose of the processing in abridged form at the moment we obtain your data. Furthermore, we process your personal data to establish, exercise and defend potential legal claims, implement our potential commitments to you, and fulfil legal obligations, such as tax obligations.
Depending on the circumstances, the legal basis for the processing of your personal data consists of:
- a contract concluded between you and us, in the scope necessary for the performance thereof in accordance with Article 6(1)(b) of the GDPR;
- the legitimate interests pursued by Dr Gerard in accordance with Article 6(1)(f) of the GDPR, and in particular the interests consisting in assessing the validity of legal claims made against De Gerard, exercising or defending ourselves against such claims, or responding to your enquiries, claims, requests and complaints; or
- the legal obligation to which Dr Gerard is subject in accordance with Article (6)(1)(c) of the GDPR, and in particular the obligations to which producers are subject regarding product liability, as well as tax and accounting obligations.
- Use of data for automated decision-making, including profiling
Your personal data are not used for automated decision-making, including profiling.
- To whom may Dr Gerard transfer your personal data? Who, apart from Dr Gerard, may be the recipient of your data?
Apart from employees of Dr Gerard, persons and entities that ensure the operation and provide the maintenance of the IT systems and solutions used by Dr Gerard have access to your personal data.
Moreover, depending on the circumstances as well as the matter with respect to which you address us (or we address you), or in relation to which we obtain your personal data, Dr Gerard may transfer your data solely to:
- entities cooperating with Dr Gerard, including marketing agencies, couriers, providers of bookkeeping, legal, tax and administrative services, entities supporting Dr Gerard in customer service (e.g. call centres);
- Dr Gerard’s insurers;
- public authorities, including courts, upon their justified requests or if Dr Gerard is legally obliged to transfer the data; or
- public authorities, including courts as well as attorneys, insurers and advisors of Dr Gerard, where it is necessary for Dr Gerard to defend against legal claims or to establish and exercise the same on the part of Dr Gerard.
- Transfer of data outside the European Economic Area or to international organisations
Your personal data are not transferred outside the European Economic Area or to international organisations.
- How long does Dr Gerard store your personal data?
We store your personal data for the periods necessary for us to achieve the purposes of the processing.
With respect to:
- data processed in relation to contracts to which you are a party, and processed for the performance of such contracts – the data are stored for the duration of the contract; however, this period may be extended to cover the limitation period for your or our legal claims, if the processing of such data will be necessary for the establishment, exercise or defence of such claims;
- data processed in pursuit of our legitimate interests, i.e. for the purposes of responding to your enquiries, claims, requests, complaints and suggestions – the data are stored for the time necessary for us to respond, but no longer than for 14 days; however, this period may be extended to cover the limitation period for your or our legal claims, if the processing of such data will be necessary for the establishment, exercise or defence of such claims;
- data processed in pursuit of our legitimate interests, i.e. for the establishment, exercise or defence of legal claims – the data are stored for the limitation period determined by law for your claims against us, as well as for our claims against you (e.g. the general limitation period for claims related to economic activity is 3 years, whereas the general limitation period for consumer claims is 10 years; however, these may be subject to change in the event that the relevant generally applicable provisions of law are amended), and for the duration of court or arbitration proceedings etc. related to such legal claims;
- data processed for the purposes of complying with legal obligations (e.g. obligations arising from the Accounting Act, tax provisions or provisions on producers’ product liability) – the data are stored for the period specified by the provisions of law (e.g. the data stored for accounting purposes are stored for 5 years, from the end of the calendar year in which the payment deadline for tax related to a contract elapses).
- Rights of data subjects
Below is a list of rights to which you are entitled as the subject of the data processed by Dr Gerard.
If you wish to exercise these rights or obtain additional information about them, you can contact us, especially by e-mail sent to RODO@drgerard.eu
If you contact Dr Gerard with a request to exercise your rights, and in the event that there are reasonable doubts as to your identity, Dr Gerard may demand that you present additional information necessary for confirming it.
- Right to object to the processing of personal data
You have the right to object to the processing of your personal data for marketing purposes, including profiling, at any time.
You also have the right to object to the processing of your personal data for the purposes of pursuing our legitimate interests (other than marketing) due to grounds related to your particular situation. In such a case, you should specify the particular situation which, according to your belief, justifies the fact that your personal data covered by your objection should no longer be processed by us.
- Right to withdraw consent to the processing of personal data
If we process your personal data based on your consent, you have the right to withdraw your consent to the processing of such data at any time. The withdrawal of consent does not affect the lawfulness of the processing based on consent before its withdrawal.
- Right of access
You have the right to demand access to your personal data, and especially to obtain information as to whether or not Dr Gerard processes your personal data, as well as information on the scope of your data possessed by Dr Gerard, the purposes of the processing and categories of recipients of your data.
- Right to rectification
You have the right to demand that Dr Gerard rectify the data without undue delay or make incomplete personal data completed.
- Right to erasure
You have the right to demand that Dr Gerard erase personal data concerning you without undue delay, e.g. where:
- your personal data are no longer necessary in relation to the purposes for which they were collected and processed;
- you withdraw consent to the processing thereof and there is no other legal ground for the processing;
- you object to our processing of your personal data due to your particular situation, and there are no overriding legitimate grounds for the processing;
- you object to our processing of your personal data for marketing purposes;
- your personal data have been processed unlawfully.
- Right to data portability
You have the right to receive the personal data concerning you which you have provided to Dr Gerard in a structured, commonly-used and machine-readable format, and the right to transmit those data to another controller without hindrance from Dr Gerard if: a) the processing is based on your consent or a contract concluded with you, and, at the same time, b) the processing is carried out by automated means.
In the event specified above, you also have the right to have your personal data transmitted directly from Dr Gerard to another controller, where technically feasible.
- Right to restriction of the processing of personal data
You have the right to obtain restriction of the processing of your personal data, where:
- you contest the accuracy of your personal data processed by us;
- you believe that our processing of your personal data is unlawful and you oppose their erasure and request the restriction of their use instead;
- we no longer need the personal data for the purposes of the processing but they are required by you for the establishment, exercise or defence of legal claims;
- you have objected to our processing of your personal data due to your particular situation – in this event, you may demand that the processing of your personal data is restricted pending the verification of whether our legitimate grounds for the processing of your personal data override the grounds of your objection.
In the event that our processing of your personal data is restricted, with the exception of storage, the data are used solely for the establishment, exercise or defence of legal claims, the protection of the rights of another natural or legal person or for reasons related to important public interest of the European Union or of a Member State. Any other processing activities require your consent.
- Right to lodge a complaint with a supervisory authority
You have the right to lodge a complaint with the President of the Personal Data Protection Office if you believe that our processing of personal data concerning you infringes upon the GDPR.
- Provision of personal data as a statutory or contractual requirement, or a requirement necessary to enter into a contract. Obligation to provide data.
Provision of your personal data is not a requirement stipulated by law or a requirement necessary to enter into any contract. Unless expressly indicated otherwise, you are not obliged to provide your personal data.
- Consequences of failure to provide data
Depending on the circumstances, failure to provide your personal data may make it impossible for Dr Gerard to consider the matter with respect to which you address us (which includes responding to your enquiries, claims, requests or complaints) or with respect to which we address you.
- Processing personal data in social media
We also process personal data in relation to our social media activity.
For more details, you can refer to our profiles on Facebook, Instagram and other platforms.
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