DATA PROTECTION AND DATA SAFETY POLICY
Effective from 20 October 2019
1. Purpose and scope of the Policy
This data protection and safety policy (hereinafter referred to as “Policy”) stipulates provisions with respect to the protection of personal data of natural persons and the free movement of personal data. In order to comply with the Act CXII of 2011 on the Right of Informational Self-Determination and on Freedom of Information and the General Data Protection Regulation (EU) No. 2016/679 of the European Parliament and of the Council (hereinafter referred to as “GDPR”) PortoLogic Informatics Limited Liability Company (registered office: 2081 Piliscsaba, Egyetem utca 5. 3. em. 21.) (hereinafter referred to as “Data Controller” or “Company”) has underlined this Policy.
This Policy includes details on job applicant‘s personal data processing procedure applied by the Company including the type of job applicant‘s data the Company collects and process, purposes and reasons for which the Data Controller uses such data.
2. Applicable laws and internal policies
The following laws are relevant with respect to the data control which laws can change from time to time. In case of change of law the change stipulated by the effective law shall be taken into account at the relevant part of the Policy and the Data Controller shall take the necessary measures in order to change the Policy as soon as possible.
Important relevant laws:
- Regulation (EU) No. 2016/679 of the European Parliament and of the Council 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)
- Act V of 2013 on the Civil Code
- Act I of 2012 on the Labour Code
- Act CXII of 2011 on the Right of Informational Self-Determination and on Freedom of Information
- Act C of 2000 on Accounting
3. Details of the Data Controller
PortoLogic Informatics Limited Liability Company
Registered office: 2081 Piliscsaba, Egyetem utca 5. 3. em. 21., Hungary
Registration number: 13-09-105019
Represented by: Gábor Heitler managing director
E-mail address: firstname.lastname@example.org
Phone number: +36 30 815 4430
Should there be any discrepancies between the following the definitions and the definitions determined in the laws, the definitions laid down in the laws shall prevail.
- data control: shall mean any operation or set of operations that is performed upon data, whether or not by automatic means, such as in particular collection, recording, organization, separation, storage, adaptation or alteration, query, inspection, use, retrieval, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction;
- data processor: shall mean a natural or legal person that is engaged in the processing of personal data in the name of the Data Controller or on the basis of an engagement by the Data Controller;
- personal data: shall mean any information relating to an identified or identifiable 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, number, location data, online identification number or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
- the data subject’s consent shall mean any freely and expressly given specific and informed indication of his/her 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;
- restriction of data control shall mean the marking of stored personal data with the aim of limiting their control in the future;
- filing system shall mean any structured set of personal data which are accessible according to specific criteria, whether centralised, decentralised or dispersed on a functional or geographical basis;
- personal data breach shall mean 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
5. Principles relating to the processing of personal data
Personal data may be controlled only for specified and explicit purposes, where it is necessary for the implementation of certain rights or obligations. The purpose of control must be satisfied in all stages of data control operations; recording of personal data shall be done under the principle of lawfulness and fairness. The personal data controlled must be essential for the purpose for which it was recorded, and it must be suitable to achieve that purpose. Personal data may be controlled to the extent and for the duration necessary to achieve its purpose in accordance with the provisions of this Policy.
Accountability: the Data Controller is responsible for the compliance with the following principles, furthermore it must be able to verify such compliance. Should the Data Controller carries out data processing activities, it shall provide maximum assistance in order to ensure the compliance and accountability of these principles.
(1) Lawfulness, fairness and transparency
The personal data shall be processed lawfully, fairly and in a transparent manner in relation to the data subject;
(2) Purpose limitation
The personal data shall be collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall, in accordance with Article 89(1), not be considered to be incompatible with the initial purposes;
(3) Data minimisation
The personal data shall be adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed
The personal data shall be accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay
(5) Storage limitation
The personal data shall be kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) subject to implementation of the appropriate technical and organisational measures required by this Regulation in order to safeguard the rights and freedoms of the data subject.
(6) Integrity and confidentiality
The personal data shall be processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.
As from 25 May 2018 the data control shall be lawful only if and to the extent that at least one of the following applies:
(a) the data subject has given consent to the processing of his or her personal data for one or more specific purposes;
(b) processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;
(c) data control is necessary for compliance with a legal obligation to which the Data Controller is subject;
(d) data control is necessary in order to protect the vital interests of the data subject or of another natural person;
(e) data control is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Data Controller;
(f) data control is necessary for the purposes of the legitimate interests pursued by the Data Controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
6. The legal basis and other details of the data control carried out by the Company
6.1. Data subjects: job applicants who provide their personal data through the website (www.portologic.com) of the Company
6.2. Personal data controlled: the following data of the job applicants:
- First name and last name;
- Email address, phone number(s), contact details;
- Education history, work experience,
- CV, resume, cover letter;
- Professional and other work-related licenses, permits and certifications held;
- Information relating to references.
6.3. Legal basis for data processing: explicit consent of the job applicants. This basis for data processing is in accordance with Article 6(1)(a) of the GDPR, which states "the data subject has given consent to the processing of his/her personal data for one or more specific purposes".
6.4. Purpose of the data control: The information which the job applicant provides to the Data Controller is used by the Controller to:
- provide the job applicant with recruitment services;
- facilitate the recruitment process.
6.5. Duration of data control: The personal data of job applicants will be stored in the Company’s systems for 5 consecutive years unless the job applicant request the personal data to be erased.
6.6. Transfer of personal data: Personal data will only be shared internally within the Company for the purposes of the recruitment exercise. This includes the managing director of the Company, members of HR, interviewers involved in the recruitment process, and IT staff if access to the data is necessary for the performance of their roles.
The CV and other personal data of the job applicant may only be transferred to third person if the job applicant has given her/his explicit consent to do so.
7. Data processing, use of hosting provider
The Company as Data Controller uses data processors: employees, subcontractors who have accepted the provisions of this Policy and who has a confidentiality obligation.
Data Controller does not currently use data processors.
Data Controller uses the following hosting provider at the moment:
414 14th Street
Denver, Colorado 80202
Fax: +1 720.235.0091
8. Right to appeal:
The executive officers of the Data Controller shall continuously inspect the compliance with the requirements of the legal provisions relating to data control and the internal regulatory documents.
National Media and Infocommunications Authority
1125 Budapest, Szilágyi Erzsébet fasor 22/C.
If you wish to take judicial remedy: the General Courts have competence. The general court seated at the address of the data subject shall have competence.
9. Rights of the data subjects and their enforceability
RIGHT OF ACCESS BY THE DATA SUBJECT
The data subject shall have the right to obtain from the Data 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:
- the purposes of the data control;
- categories of personal data concerned;
- the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
- where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
- the existence of the right to request from the Data Controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such data control;
- the right to lodge a complaint with a supervisory authority;
- where the personal data are not collected from the data subject, any available information as to their source;
- the existence of automated decision-making, including profiling, and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
The Data Controller shall provide a copy of the personal data undergoing processing upon request. For any further copies requested by the data subject, the Data 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. The right to obtain a copy shall not adversely affect the rights and freedoms of others.
RIGHT TO RECTIFICATION AND TO ERASURE
The data subject shall have the right to obtain from the Data 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.
The Data Controller shall have the obligation to erase personal data without undue delay upon the request of the data subject:
- the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise controlled;
- the data subject withdraws consent on which the data control is based and where there is no other legal ground for the data control;
- the data subject objects to the data control and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing for direct marketing purposes;
- the personal data have been unlawfully processed;
- the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject;
- the personal data have been collected in relation to the offer of information society services provided to children.
The Data Controller shall communicate any rectification or erasure of data control to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort. The Data Controller shall inform the data subject about those recipients if the data subject requests it.
RIGHT TO RESCTRICTION OF DATA CONTROL
The Data Controller shall restrict the data control upon request of the data subject if:
- the accuracy of the personal data is contested by the data subject, for a period enabling the Data Controller to verify the accuracy of the personal data;
- the data control is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;
- the Data Controller no longer needs the personal data for the purposes of the data control, but they are required by the data subject for the establishment, exercise or defence of legal claims;
- the data subject has objected to data control carried out on the basis of legitimate interest or public interest, the verification whether the legitimate grounds of the controller override those of the data subject.
The Data Controller shall communicate any restriction of data control to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort. The Data Controller shall inform the data subject about those recipients if the data subject requests it.
RIGHT TO DATA PORTABILITY
The data subject shall have the right to receive the personal data concerning him or her, which he or she has provided to a Data 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:
- the data control is based on consent or on a contract pursuant to the General Data Protection Regulation; and
- the data control is carried out by automated means.
- the provisions of the General Data Protection Regulation shall be applied to the restriction or exclusion of the right to data portability.
RIGHT TO OBJECT
The data subject shall have the right to object, on grounds relating to his or her particular situation, at any time to data control of personal data concerning him or her which is carried on the basis of legitimate interest or public interest, including profiling based on those provisions. The Data Controller shall no longer process the personal data unless the Data Controller demonstrates compelling legitimate grounds for the data control which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.
At the latest at the time of the first communication with the data subject, the right referred to above shall be explicitly brought to the attention of the data subject and shall be presented clearly and separately from any other information.
10. Incident treatment as a Data Controller
In the case of a personal data breach, the Data Controller shall without undue delay and, where feasible, not later than 72 hours after having become aware of it, notify the personal data breach to the National Media and Infocommunications Authority. The notification shall be done in a format and in a manner required by the supervisory authority (e.g. through a platform or hot-line), if there are requirements like that prescribed by the supervisory authority. If there is no platform, than the notification shall be done with the compulsory elements.
- If the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons, no notification needs to be made. This decision shall be made by the managing director by taking into account all relevant requirement.
- The Data Controller shall document any personal data breaches, comprising the facts relating to the personal data breach, its effects and the remedial action taken. If the supervisory authority requires certain mandatory elements to be contained in the documentation, that the documentation shall meet this criteria.
- When the personal data breach is likely to result in a high risk to the rights and freedoms of natural persons, the Data Controller shall communicate the personal data breach to the data subject without undue delay. This decision shall be made by the managing director by taking into account all relevant requirement and he/she shall make a notice of that decision.
- The communication to the data subject shall not be required if any of the following conditions are met:
- the Data Controller has implemented appropriate technical and organisational protection measures, and those measures were applied to the personal data affected by the personal data breach, in particular those that render the personal data unintelligible to any person who is not authorised to access it, such as encryption; (b) the controller has taken subsequent measures which ensure that the high risk to the rights and freedoms of data subjects referred to in paragraph 1 is no longer likely to materialise; (c) it would involve disproportionate effort. In such a case, there shall instead be a public communication or similar measure whereby the data subjects are informed in an equally effective manner.
11. Data safety rules
Personal data must be specially protected with appropriate measures against unlawful access, alteration, transfer, disclosure, erasure and destroy, and accidental consummation and injury as well as against unreachability due to the change of the techniques involved.
When determining and applying the provisions relating to data safety, the Data Controller shall take into account the state of the current technology knowledge. Among more possible data control solutions that one has to be chosen which ensures higher level protection for the personal data, except that would constitute a disproportionate difficulty for the Data Controller.
All necessary measures need to be taken in order to be able to implement the data safety rules with respect to personal data processed manually and with respect to personal data stored and processed through a computer.
The following principles shall be taken into account when developing the safety measures:
- Awareness: all people using IT systems shall know the safety methods and processes in order to enhance trust in IT systems.
- Responsibility: the responsibility relating to safety of the IT systems’ owners and supporters shall be express and clear.
- Proportionality: the safety categories and measures shall be appropriate and proportionate with the value and reliability criteria of the protected system, with the costs of the enhancement of the safety and with the severity and possibility of damages arising out of the possible breach of the safety measures.
- Risk proportionate safety measures.
- Actuality: safety must be reconsidered frequently and must be updated according to the change in the risks and consequences arising out of the possible breach of safety.
- Integrity: a coherent and integrated safety approach is needed with respect to all elements of an information system.
- Reaction mechanism: all participants shall cooperate in order to prevent security breaches and in order to provide quick answer with respect to a breach.
12. Management of physical danger
In order to prevent unlawful access, the physical safety system shall be made suitable for prevention against unauthorised access and the operators of these systems shall be able to detect and prevent these and to prevent the unauthorised use of the equipment.
The actual anti-virus system shall be installed at every workstation, the updates (especially virus definitions) due regularly shall be downloaded and installed.
The Data Controller provides the following information in relation to analytical tools, the so called cookies (süti in Hungarian) according to Subsection 4 Section 155 of Act C of 2003 on Electronic Communications “On the electronic communication terminal equipment of a subscriber or user, information may be stored, or accessed, only upon the user’s or subscriber’s prior consent granted in possession of clear and comprehensive information about implications”
The Data Controller uses the following cookies, the purposes of which are indicated below:
Strictly necessary cookies
These cookies are essential for the use of the website. Without the acceptance of these cookies, the Data Controller cannot guarantee the appropriate functioning of the website as intended, nor the accessibility of all searched information by the user. These cookies do not collect any personal data from the data subjects or data which can be used for direct marketing purposes.
Strictly necessary cookies for instance are the performance cookies which collect information as to whether the website functions properly or whether there are any mistakes in its functioning. By notifying the Data Controller about possible mistakes these cookies provide assistance to the Data Controller for the improvement of the website and they show which parts of the website are the most popular.
These cookies ensure the coherent appearance of the website tailored to the needs of the data subjects, and they remember the choices the data subjects made (e.g. colour, character size, layout).
This cookie furthermore helps the improvement of the development of the ergonomics and in the development of a user-friendly website, as well as the enhancement of the online experience of the visitors.
The data control of these cookies take place on the basis of Subsection 3 of Section 13/A of Act CVIII of 2001 on Electronic Commerce and on Information Society Services.
The duration of the data control is until the closure of the relevant work session of the visitor. The purpose of the data control is the identification of new sessions and the visitors.
14. CLOSING PROVISIONS
This Policy becomes effective on the day following the acceptance of it by the managing director of the Data Controller while the previous policy becomes ineffective on that day and the forms, declarations, templates relating to it cannot be used in the future.