Trust has been one of our company’s fundamental principles since its establishment for more than 20 years, since we value the relationship with our clients. This is why we take all appropriate measures to protect the data of our clients share in line with the European legislation and with human rights. Trust, safety and confidentiality are the key to making our clients, and implicitly their contracting parties satisfied.
Taking into account the recent changes in the European Union law regarding personal data protection, we are also under the obligation to comply with the rules and principles of the 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 (hereinafter ‘GDPR’).
We are processors of personal data belonging to individuals, also known as ‘natural persons’ and, before we get into details regarding your rights and our obligations relating to data protection, it is important that you understand why we are processors.
How do you know if we are the controller or processor of your data?
- If you are an individual, also known as ‘natural person’ (hence not a company or organization) and if you were our client, then we would be the controller of your data. However, we do not enter into contractual relationships with individuals, but only with companies or public authorities, so we cannot be your data controller.
As general definition, a data controller is the legal entity (company/authorized person/public authority/organization) which establishes what is the purpose and how the personal data of an individual is processed.
- We are the processor of your data if you find yourself in all these situations:
- you are a client of or have entered into a direct relationship with a different company, public authority or organization, and
- the company, public authority or organization indicated that your data would be sent to us for processing.
A processor is a legal entity which processes personal information based on an agreement with the data controller. This means that anyone who processes data on behalf of your data controller can be your data processor.
For example, we may be your data processor, if your data controller, a company you are a client of, has entered into an agreement with us. That agreement may be that we provide them a database solution and they also want us to store the data entries on our servers for back-up; or they may require us to provide maintenance services for the database solution. For either of these cases (storing data on our servers or maintenance) we have access to your data and we process it in order to provide services for our client, so that you could have a better experience using their products or services.
Since we are the processors of your data, we do not establish the purpose for which your data is processed, this being the responsibility of the data controller, which may be the legal entity you are a client of or with which you have a direct relationship.
For a better understanding please see the exemplifying scheme below:
Why is it relevant that you know if we are your data controller or processor?
We have different kind of obligations from the data controller and this also determines whom you should address for any queries.
Here are some points which may interest you regarding your rights with relation to your data controllers:
- You can contact the data controller directly using the contact details provided;
- The data controller has to provide you information on whether it holds data about you, what kind and details regarding your data and what it intends to do with it;
- It has to comply with the GDPR*, with its rules and principles, such as the legitimate purpose of your data use by it etc.
- It has to provide you its company’s and its data protection officer’s contact details, so that you can contact if you wish to inform the data controller of any change you wish to make to your data or for any other request regarding your data it has;
- it has to let you know who the processors of your data are and the purpose of processing;
- It has to inform the supervision authority of any breaches regarding the protection of your data.
How do we protect your data?
As processor, we ensure the safety of processing your personal data by taking the following measures:
- We communicate directly with the controller of your data or the processor who chose to send your data to us; we do not engage directly with the subjects of the data we process;
- We respect the rules and principles laid out in the GDPR regarding the protection of your data, by providing guarantees through our policies and measures to ensure the safety of your data;
- If the controller of your data entered into an agreement with us for processing your data, we will not send your data further to third parties, such as other processors, without your controller’s consent;
- We will only process your data specifically related to the agreement we and your controller entered into. This means that we will process your data restricted to the terms provided in the agreement and only under the documented instructions of your controller;
- We ensure that persons authorised to process the personal data have the obligation to treat your data with confidentiality by concluding confidentiality agreements with our employees and contracting parties;
- We will help your controller to answer to your questions and requests regarding the processing of your data, as far as possible;
- We will delete or return all personal data to the controller after we finish providing services, if the controller requests us to do so;
- If we send your data for further processing, we will ask for guarantees and we will stipulate in the subsequent agreement the same obligations to protect your data as in our agreement with the controller of your data;
- We let your data controller know if there has been any breach regarding the protection of your data;
- We keep a record of the processing activities;
- We pseudonymise the personal data while processing, as appropriate;
- We delete the personal data after the end of the contract with your data controller;
- We restore the availability and access to personal data in a timely manner in the event of a physical or technical incident;
- We developed a process for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures for ensuring the security of the processing.
- For additional control and support, we have a data protection officer.
What are your rights regarding personal data protection?
It is important for us that you are aware of your rights, since we promote a transparent and safe business environment for you and our clients. Hence, we wish to provide you the information that will lead to you exercising your rights regarding your personal data. Your rights should be further detailed in the notification sent to you by your personal data controller.
- If we processed data based on your consent, you have the right to withdraw your consent at any time. You can withdraw your consent by contacting your data controller, who will take note and appropriate measures. The withdrawal of consent does not affect the lawfulness of the data processed prior to the withdrawal.
- You have the right to request from the controller:
- access to personal data,
- rectification or erasure of personal data or restriction of processing concerning your data or to object to processing,
- the right to data portability.
- You have the right to make a complaint to the competent supervision authority.
- The controller has to inform you:
- whether you have to provide personal data as a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as
- whether you are obliged to provide the personal data and of the possible consequences of failure to provide such data;
- about the existence of automated decision-making, including profiling, meaningful information about the logic involved, as well as the significance and its consequences.
We, Unimate Software with all its entities, promote human rights and European values by supporting a healthy, safe, transparent and trustworthy environment for its clients and society as a whole. We believe that your safety and satisfaction is our success.
Glossary of terms (Article 4, GDPR)
- ‘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;
- ‘processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
- ‘restriction of processing’ means the marking of stored personal data with the aim of limiting their processing in the future;
- ‘profiling’ means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements;
- ‘pseudonymisation’ means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person;
- ‘filing system’ means any structured set of personal data which are accessible according to specific criteria, whether centralised, decentralised or dispersed on a functional or geographical basis;
- ‘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;
- ‘processor’ means a natural or legal person, public authority, agency or other body which 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. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing;
- ‘third party’ means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data;
- ‘consent’ of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her;
- ‘personal data breach’ means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed;
- ‘genetic data’ means personal data relating to the inherited or acquired genetic characteristics of a natural person which give unique information about the physiology or the health of that natural person and which result, in particular, from an analysis of a biological sample from the natural person in question;
- ‘biometric data’ means personal data resulting from specific technical processing relating to the physical, physiological or behavioural characteristics of a natural person, which allow or confirm the unique identification of that natural person, such as facial images or dactyloscopic data;
- ‘data concerning health’ means personal data related to the physical or mental health of a natural person, including the provision of health care services, which reveal information about his or her health status;
- ‘main establishment’ means:
(a) as regards a controller with establishments in more than one Member State, the place of its central administration in the Union, unless the decisions on the purposes and means of the processing of personal data are taken in another establishment of the controller in the Union and the latter establishment has the power to have such decisions implemented, in which case the establishment having taken such decisions is to be considered to be the main establishment;
(b) as regards a processor with establishments in more than one Member State, the place of its central administration in the Union, or, if the processor has no central administration in the Union, the establishment of the processor in the Union where the main processing activities in the context of the activities of an establishment of the processor take place to the extent that the processor is subject to specific obligations under this Regulation;
- ‘representative’ means a natural or legal person established in the Union who, designated by the controller or processor in writing pursuant to Article 27, represents the controller or processor with regard to their respective obligations under this Regulation;
- ‘enterprise’ means a natural or legal person engaged in an economic activity, irrespective of its legal form, including partnerships or associations regularly engaged in an economic activity;
- ‘group of undertakings’ means a controlling undertaking and its controlled undertakings;
- ‘binding corporate rules’ means personal data protection policies which are adhered to by a controller or processor established on the territory of a Member State for transfers or a set of transfers of personal data to a controller or processor in one or more third countries within a group of undertakings, or group of enterprises engaged in a joint economic activity;
- ‘supervisory authority’ means an independent public authority which is established by a Member State pursuant to Article 51;
- ‘supervisory authority concerned’ means a supervisory authority which is concerned by the processing of personal data because:
(a) the controller or processor is established on the territory of the Member State of that supervisory authority;
(b) data subjects residing in the Member State of that supervisory authority are substantially affected or likely to be substantially affected by the processing; or
(c) a complaint has been lodged with that supervisory authority;
- ‘cross-border processing’ means either:
(a) processing of personal data which takes place in the context of the activities of establishments in more than one Member State of a controller or processor in the Union where the controller or processor is established in more than one Member State; or
(b) processing of personal data which takes place in the context of the activities of a single establishment of a controller or processor in the Union but which substantially affects or is likely to substantially affect data subjects in more than one Member State.
- ‘relevant and reasoned objection’ means an objection to a draft decision as to whether there is an infringement of this Regulation, or whether envisaged action in relation to the controller or processor complies with this Regulation, which clearly demonstrates the significance of the risks posed by the draft decision as regards the fundamental rights and freedoms of data subjects and, where applicable, the free flow of personal data within the Union;
- ‘information society service’ means a service as defined in point (b) of Article 1(1) of Directive (EU) 2015/1535 of the European Parliament and of the Council (1);
- ‘international organisation’ means an organisation and its subordinate bodies governed by public international law, or any other body which is set up by, or on the basis of, an agreement between two or more countries.