Information Clause

Pursuant to Article 13(1) and (2) and Article 14 of 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, and repealing Directive 95/46/EC (the “GDPR”), we hereby inform you that:

  1. The controller of the personal data of:
    • Contractors who are parties to concluded agreements (natural persons conducting sole proprietorship business activity, natural persons conducting business activity in the form of civil law partnerships),
    • persons representing institutional Contractors (e.g. partners in partnerships, members of management boards of companies, commercial proxies, attorneys-in-fact),
    • persons designated by Contractors for contact purposes and for the performance of agreements (e.g. contract coordinators), is ARCHE CONSULTING Spółka z ograniczoną odpowiedzialnością with its registered office in Katowice, address: ul. Morelowa 25, 40-112 Katowice, entered into the Register of Entrepreneurs maintained by the District Court Katowice, 8th Commercial Division of the National Court Register under KRS No. 0000904332, Tax Identification Number (NIP): 954-273-43-58 (hereinafter referred to as the “Controller”).
  2. Any requests, questions or motions concerning the processing of personal data should be addressed via e-mail to: odo@arche-consulting.pl or by post to: ARCHE Consulting Sp. z o.o., ul. Morelowa 25, 40-112 Katowice.
  3. The Controller may process the following categories of personal data:
    • Contractors being parties to an agreement: first name, surname, business name, e-mail address, correspondence addresses, telephone numbers, Tax Identification Number (NIP), REGON number, other numbers and data related to entries in public registers;
    • persons representing Contractors: first name, surname, position/function, location, business e-mail address, business telephone number, business correspondence address, personal data resulting from powers of attorney, and other data provided to the Controller by Contractors and their representatives;
    • persons designated by Contractors for contact purposes: first name, surname, position/function, location, business e-mail address, business telephone number, business correspondence address, personal data resulting from powers of attorney, and other data provided to the Controller by the contact persons on the Contractor’s side.
  4. The personal data referred to in section 3 above shall be processed by the Controller for the following purposes:
    • performance of a concluded agreement, where the processing is necessary for the performance of the agreement or for taking steps prior to entering into the agreement (Article 6(1)(b) GDPR), for the duration of the cooperation and thereafter until the expiry of claims related thereto;
    • fulfilment of accounting and tax obligations imposed on the Controller by law (Article 6(1)(c) GDPR), in particular obligations arising from accounting regulations, tax law provisions, the Corporate Income Tax Act and the Value Added Tax Act – for the periods required under applicable law;
    • maintaining contact, including conducting correspondence in traditional and electronic form, based on the legitimate interests pursued by the Controller or a third party (Article 6(1)(f) GDPR), for the duration of the cooperation or until an effective objection is raised;
    • establishment, exercise or defence of legal claims, based on the legitimate interests pursued by the Controller or a third party (Article 6(1)(f) GDPR), consisting in asserting proprietary or non-proprietary rights or defending against claims brought against the Controller, in accordance with generally applicable laws, including in particular the Civil Code;
    • analytics and verification of the Contractor, based on the legitimate interests pursued by the Controller or a third party (Article 6(1)(f) GDPR), consisting in analysing business performance results, preparing forecasts, conducting due diligence / background checks concerning the Contractor, and assessing satisfaction with the cooperation – for the duration of the cooperation;
    • communication between the Parties, based on the legitimate interests pursued by the Controller or a third party (Article 6(1)(f) GDPR), consisting in ensuring proper communication between the Parties to the agreement – for the duration of the cooperation.
  5. Recipients of the personal data of Contractors, persons representing Contractors and persons designated for contact purposes by Contractors may include:
    • public authorities or entities authorised under applicable law to request access to or receive personal data, such as the National Revenue Administration, court enforcement officers, etc.;
    • entities entrusted with the processing of personal data under concluded agreements (including providers of legal, advisory, IT, forwarding and transport services, etc.);
    • entities belonging to the ARCHE group.
  6. Personal data shall not be transferred outside the European Economic Area (EEA).
  7. Contractors, persons representing Contractors and persons designated for contact purposes by Contractors shall have the right to access their personal data and obtain copies thereof, the right to rectification, erasure, restriction of processing, the right to object to the processing of personal data, as well as the right to lodge a complaint with the supervisory authority (the President of the Personal Data Protection Office) where they consider that the processing of personal data infringes the provisions of the GDPR.
  8. Personal data shall not be subject to automated decision-making, including profiling.
  9. Provision of personal data is mandatory insofar as it is required for compliance with public law obligations. In all other cases, the provision of personal data is voluntary; however, failure to provide such data may result in the inability to establish cooperation.