Introduction
In connection with the entry into force 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 (General Data Protection Regulation, GDPR), as well as the Personal Data Protection Act of 10 May 2018, and given that VAN Group attaches great importance to personal data protection and information security, we wish to present below key information on the methods, purposes and bases of processing of your personal data.
Personal data controller
This privacy policy applies to all cases where at least one of the Companies of VAN Group processes personal data of which it is the controller. This applies both to the cases where we process personal data obtained directly from the data subject and the cases where we have obtained personal data from other sources. The Company that carries out a given order is the controller of personal data.
The following entities make up VAN Group:
– VAN Cargo S.A., with its registered office at ul. Przeclawska 8, 03-879 Warszawa, NIP [tax identification number]: 524-21-25-771;
– Podlasie S.A., with its registered office at ul. Krasinskiego 29, 21-400 Łuków, NIP [tax identification number]: 825-00-04-049;
– Kurier Sp. z o.o., with its registered office at ul. Chopina 3, 21-400 Łuków, NIP [tax identification number]: 825-00-07-289.
At the same time, we wish to inform you that the Companies jointly agree the goals and means of processing of personal data and, pursuant to Article 26 of GDPR, are joint controllers within the structures of VAN Group in order to attain their business goals and assure the highest standard of provided services, including customer service. The Companies actively co-operate with one another within selected processes to optimise costs, customer service as well as management and administrative processes. The Companies share infrastructure (shared buildings) and manage, in agreement with one another, personnel and goods traffic to protect persons and property, among other things. With respect to some contracts with business partners, working relationship is established between an external entity and a number of or all VAN Group Companies. Working relationship with all Companies is offered to carriers and drivers to allow more effective utilisation of freight capacity. In view of the above, your personal data may be transferred to other Companies of the VAN Group in order to fulfil the purpose for which they are being collected. Transmission of data does not breach the law in any manner whatsoever. Under individual personal data processing operations, the Company managing or co-ordinating a given process shall comply with the duty to inform the data subjects about processing of their data and shall be responsible for the exercise of the data subjects’ rights.
Data Protection Officer
Adam Kasperowicz is the Data Protection Officer. He can be contacted at: RODO@vancargo.com
Basis and purpose of processing
We process personal data:
– to enter into and effectively perform a contract for provision of a given service for VAN Group companies. Those data are processed to the extent required to perform a given contract. Performance of the contracts signed by VAN Group companies consists in soliciting freight orders and executing them with the help of our subcontractors. Data processing for that purpose takes place based on Article 6(1)(b) of GDPR;
– to pursue legitimate interests covering all activities accompanying execution of orders (e.g. sharing relevant details of any given order such as drivers’ details, vehicle location, etc.). Data processing for that purpose takes place based on Article 6(1)(f) of GDPR;
– to send commercial offers relating to products, services and tools to the entities co-operating with our Group. Data processing for that purpose takes place based on Article 6(1)(a) of GDPR.
Basic personal information of drivers and the location data of vehicles are necessary for the correct realization of agreement that was agreed by the two parties and are collected in order to ensure safety of the transported cargo, for which are responsible to the client companies from the VAN group and the subcontractor, which the driver represents. Compiled data on driver location during order realization is not intentionally collected, processed, made available or used in any way.
Data transfer
Under the applicable laws and regulations, we may transfer your data exclusively in justified cases to trusted entities processing them on our commission, e.g. providers of services and vendors of IT systems, postal operators and courier companies, payment operators, providers of consulting, accounting, legal or audit services, other external subcontractors and entities eligible to obtain data under the applicable laws, e.g. courts of law or law enforcement agencies, only in response to a request to make such data available under an appropriate legal basis. Data may be transferred to the countries outside the European Economic Area (a “third country” according to GDPR) only where this is required for execution of a specific freight order.
When processing of personal data is entrusted to another entity, this may take place solely on the basis of a data processing agreement obliging a given entity to duly secure personal data and not to use them for its own purposes.
Period of processing
We shall not retain the user’s data over a period longer than necessary to fulfil the purposes for which they are being processed. In order to determine the appropriate period of retention, we shall consider the quantity, nature and sensitivity of personal data, purposes of their processing and the prospects for fulfilling those purposes by other means.
Your personal data shall be retained over a period necessary for fulfilment of the above-mentioned purposes and, thereafter, for as long as and insofar as required under the universally applicable laws and regulations.
In the case of processing data for the purpose of performance of a contract (execution of an order), the data shall be processed throughout the term of the contract and, thereafter, until the claims vested in each of the parties become prescribed.
Where your data are processed based on the controller’s legitimate interest, they shall be processed until the expiry of such legitimate interest.
Where data are processed based on a consent, they shall be processed until the withdrawal of such consent.
Your rights
In connection with processing of your personal data, you have a number of rights:
– right of access to your data, i.e. obtaining the information on the manner in which your personal data are being processed and the copies of such data. For the second and any subsequent copy, an additional fee may be charged of which the interested party shall be notified. The amount of that fee shall correspond to the costs of preparation of a given copy;
– right to rectify personal data (in the case of their incorrect recording or change),
– right to erasure (in the case of absence of the basis for their holding by the Controller) or right to restrict their processing (in the case of processing of specific data to a limited extent in connection with an objection to their processing or a request to rectify the data or intention to retain the data in connection with the requesting party’s claims);
– right to data portability, i.e. transfer of data in a structured, commonly used and machine-readable format to another controller designated by the data subject. That right shall be vested in the data subject exclusively when processing takes place for the purpose of performance of a signed contract or based on a granted consent to personal data processing;
– right to object to the processing of data by the Controller; this applies to personal data processed based on the premise of the Controller’s legitimate interest;
– right to withdraw the consent to data processing without affecting lawfulness of processing based on a consent prior to its withdrawal; this applies to consents to personal data processing granted for marketing purposes;
– right to file a complaint with the supervisory authority, in Poland: the President of the Personal Data Protection Office (UODO).
Conditions for sharing some personal data
Basic personal data of the divers in the course of order execution are necessary in the process. Therefore, refusal to make such data available shall result in the failure to establish a working relationship. In the case where in is clearly stated in the order it might be necessary to collect vehicle localization data. Received complied data on driver location while driving is not intentionally collected, processed, made available or used in any way.
Provision of personal data by you shall be obligatory only where a legal regulation or requirement occurs, or processing is required in order to fulfil legally binding interests executed by the administrator or by third party.
Profiling
No profiling is applied to personal data.
Cookies
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The website uses the so-called third-party cookies to redirect and track the activity of users in terms of viewing video content published on the website.
Contact details
E-mail address: rodo@vancargo.com
Mailing address: VAN Cargo S.A. / Inspektor Ochrony Danych Osobowych, Przeclawska 8, 03-879 Warszawa
