Privacy
Information on personal data processing in accordance with Art. 13 of the General Data Protection Regulation
New regulation on the protection of personal data are applicable in all Member States of the European Union since 25 May 2018. They are arranged in Regulation (EU) 2016/679 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).
The new legal framework retains a number of fundamental principles and concepts from the current legislation, but at the same time introduces higher data protection standards, extended rights of individuals and new obligations for administrators of personal data.
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Data controller contact details
Data controller processing personal data is Soitron EOOD, UIN: 202463853 , with a seat and headquarters address in 5 Panorama Sofia Str.,floor 1, XS Tower, Vitosha district, Sofia 1766, Bulgaria, (further as “Controller”).
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Data Protection Officer contact details
The Data Protection Officer can be contacted via email at the following email address: privacy_bg@soitron.com.
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Purpose and Legal Basis for personal data processing
The Controller shall process the personal data of the data subjects in the following manner:
a) purpose of processing personal data in area of personnel and salaries, preparation and conclusion of employment contract, registration of documents on work ability, payment of wages, fulfilment of obligations towards state administration bodies, records of attendance, evidence of education, registration of issued credentials and mandates, registration of protective equipment or any other work equipment, concluding material liability agreements, providing employee benefits, recording damage caused by employees to the property of the employer, copying documents necessary for a work or similar relationship, and fulfilling other statutory and contractual obligations.
i. Legal basis:
Fulfilment of legal obligations
ii. Recipients:
Health insurance companies, supplementary pension savings banks, pension management companies, statistics ensuring office, guard service, training agencies and trainers, health service provider, occupational health assessments and health assessment, postal services, document archives, development, management and support of information technologies, external audit entities, telecommunication service providers, the company on which servers personal data are stored, employer’s customers, employers’ suppliers, public authorities, lawyers and, in justified cases, courts, law enforcement agencies and executors.
iii Retention period:
Personal data relating to employment shall be kept by the Controller during his/her service and within the statutory period for the maximum period of 50 years (including former employees).
iv. Transfer to third countries:
Personal data are not transferred to any third countries outside of European Union
v. Automated decision making, including profiling of personal data:
There is no existence of automated decision making or profiling.
b) the purpose of processing personal data in area of employee’s benefits
i Legal basis:
Consent of data subject
ii. Recipients:
Entities providing information technology development, management and support, provider of employee benefits platform, hotels or other accommodation entities, sport centres, medical centres, providers of multipurpose coupons, credit card providers, and foreign language lectors
iii. Retention period:
For the duration of the employment relationship and the accompanying provision of the additional social benefits.
iv. Transfer to third countries:
Personal data are not transferred to any third countries outside of European Union
v. Automated decision making, including profiling of personal data:
There is no existence of automated decision making or profiling.
c) the purpose of processing personal data in area of accounting
i. Legal basis:
Fulfilment of legal obligations
ii. Recipients:
Company providing the accounting software on whose servers are also personal data stored, companies supporting internal information technology systems of the Controller, companies performing external auditing, lawyers, public authorities.
iii. Retention period:
Personal data relating to employment shall be kept by the administrator during the period of service and thereafter within the time required under the applicable legislation.
iv. Transfer to third countries:
Personal data are not transferred to any third countries outside of European Union.
v. Automated decision making, including profiling of personal data:
There is no existence of automated decision making or profiling.
d) the purpose of internally promoting the employee using profile photography processed in communication applications (such as Skype for Business, Intranet, SharePoint, etc.) and by using the image, sound and audio-visual recordings of a person processed in the context of an internal publishing activity (corporate events, company magazine, newsletter with a list of newly-recruited employees, greetings to the jubilee, etc.)
i. Legal basis:
Consent of data subject
ii. Recipients:
Entities providing information technology development, management and support, companies of Soitron Group, if posted on a newsletter, they will be available for viewing by visitors at Controller’s premises.
iii. Retention period:
For the duration of the employment relationship or the withdrawal of the consent and, if necessary, for a certain period of time after the date of termination of the employment relationship, but not longer than 6 months.
iv. Transfer to third countries:
Personal data are not transferred to any third countries outside of European Union
v. Automated decision making, including profiling of personal data:
There is no existence of automated decision making or profiling.
e) The purpose of externally promoting the employee by means of profile photo, picture, audio and audio-visual recordings of a person on corporate websites and social networks
i. Legal basis:
Consent of data subject
ii. Recipients:
Entities providing information technology development, management and support, companies of Soitron Group.
iii. Retention period:
For the duration of the employment relationship or the withdrawal of the consent and, if necessary, for a certain period of time after the date of termination of the employment relationship but not longer than 6 months
iv. Transfer to third countries:
Personal data are not transferred to any third countries outside of European Union
v. Automated decision making, including profiling of personal data:
There is no existence of automated decision making or profiling.
f) The purpose to enable employees to improve and expand their qualifications and professional competences
i. Legal basis:
Legitimate interest of data controller to enable employee to improve professionally
ii. Recipients:
External training and testing software platforms.
iii. Retention period:
For the duration of the employment relationship or the withdrawal of the consent and, if necessary, for a certain period of time after the date of termination of the employment relationship but not longer than 6 months.
iv. Transfer to third countries:
Personal data are not transferred to any third countries outside of European Union
v. Automated decision making, including profiling of personal data:
There is no existence of automated decision making or profiling.
g) the purpose of assessing the suitability of the candidate’s qualification and the inclusion of the applicant in the register of jobseekers
i. Legal basis:
Consent of data subject
ii. Recipients:
Entities providing information technology development, management and support, companies of Soitron Group, outsourcing clients of the controller, future potential employers of the candidate in case when Soitron company act the role of data processor.
iii. Retention period:
The personal data of the participants in the recruitment procedure shall be kept for the duration of the procedure. In order to be eligible for future positions, personal data shall be kept for a certain period after completion of the selection procedure applied for, but for no longer than 3 years.
iv. Transfer to third countries:
Personal data are not transferred to any third countries outside of European Union
v. Automated decision making, including profiling of personal data:
There is no existence of automated decision making or profiling.
h) the purpose of processing of personal data in the area of business communication related to the preparation and implementation of the entrepreneurial activities of the Controller
i. Legal basis:
Legitimate interest of data controller
ii. Recipients:
Entities providing information technology development, management and support, companies of Soitron Group.
iii. Retention period:
Retention period is determined by the preparation and duration of the business relationship as well as the 5 year period after the termination of this business relationship. Retention period shall be determined by the preparation and duration of the business relationship and the five-year period following termination of these business relations, unless the applicable legislation provides for a longer period for the storage of documents containing personal data.
iv. Transfer to third countries:
Personal data are not transferred to any third countries outside of European Union
v. Automated decision making, including profiling of personal data:
There is no existence of automated decision making or profiling.
i) the purpose of participation in public contracts and public tenders
i. Legal basis:
Consent of data subject
ii. Recipients:
Entities providing information technology development, management and support, companies of Soitron Group, procurement companies
iii. Retention period:
When applying for procurement/contract, for a period of 3 years from the grant of the consent or the withdrawal of the consent.
If Controller of personal data becomes a successful tenderer, the personal data of the participants shall be kept by the Administrator for five years from the date of receipt of the notice of the result/outcome of the public procurement/contract, respectively after the conclusion of the Treaty.
iv. Transfer to third countries:
Personal data are not transferred to any third countries outside of European Union
v. Automated decision making, including profiling of personal data:
There is no existence of automated decision making or profiling.
j) the purpose of sending offers and news to prospective clients
i. Legal basis:
Consent of data subject
ii. Recipients:
Entities providing information technology development, management and support, companies of Soitron Group, marketing agencies
iii. Retention period:
The period of validity of the consent, no longer than 3 years.
iv. Transfer to third countries:
Personal data are not transferred to any third countries outside of European Union
v. Automated decision making, including profiling of personal data:
There is no existence of automated decision making or profiling.
k) the purpose of registration and participation in corporate events organized by the Controller
i. Legal basis:
Consent of data subject
ii. Recipients:
Entities providing information technology development, management and support, companies of Soitron Group, event agencies, marketing agencies
iii. Retention period:
The period of validity of the consent.
iv. Transfer to third countries:
Personal data are not transferred to any third countries outside of European Union
v. Automated decision making, including profiling of personal data:
There is no existence of automated decision making or profiling.
4. The rights of data subjects
Right of access by the data subject (Article 15 EU GDPR)
1) The data subject shall have the right to obtain from the 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:
a) the purposes of the processing;
b) the categories of personal data concerned;
c) 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;
d) where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
e) the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
f) the right to lodge a complaint with a supervisory authority;
g) where the personal data are not collected from the data subject, any available information as to their source;
h) the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) 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.
2) Where personal data are transferred to a third country or to an international organisation, the data subject shall have the right to be informed of the appropriate safeguards pursuant to Article 46 relating to the transfer.
3) The controller shall provide a copy of the personal data undergoing processing. For any further copies requested by the data subject, the 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.
4) The right to obtain a copy referred to in paragraph 3 shall not adversely affect the rights and freedoms of others.
Right to rectification (Article 16 EU GDPR):
The data subject shall have the right to obtain from the 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.
Right to erasure (‘right to be forgotten’) (Article 17 EU GDPR):
1) The data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:
a) the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
b) the data subject withdraws consent on which the processing is based according to point (a) of Article 6(1), or point (a) of Article 9(2), and where there is no other legal ground for the processing;
c) the data subject objects to the processing pursuant to Article 21(1) and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2);
d) the personal data have been unlawfully processed;
e) 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;
f) the personal data have been collected in relation to the offer of information society services referred to in Article 8(1)
2) Where the controller has made the personal data public and is obliged pursuant to paragraph 1 to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data.
3) Paragraphs 1 and 2 shall not apply to the extent that processing is necessary:
a) for exercising the right of freedom of expression and information;
b) for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
c) for reasons of public interest in the area of public health in accordance with points (h) and (i) of Article 9(2) as well as Article 9(3);
d) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) in so far as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
e) for the establishment, exercise or defence of legal claims.
Right to restriction of processing (Article 18 EU GDPR):
1) The data subject shall have the right to obtain from the controller restriction of processing where one of the following applies:
a) the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data;
b) the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead
c) the controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims;
d) the data subject has objected to processing pursuant to Article 21(1) pending the verification whether the legitimate grounds of the controller override those of the data subject.
2) Where processing has been restricted under paragraph 1, such personal data shall, with the exception of storage, only be processed with the data subject’s consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
3) A data subject who has obtained restriction of processing pursuant to paragraph 1 shall be informed by the controller before the restriction of processing is lifted.
Right to data portability (Article 20 EU GDPR):
1) The data subject shall have the right to receive the personal data concerning him or her, which he or she has provided to a 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:
a) the processing is based on consent pursuant to point (a) of Article 6(1) or point (a) of Article 9(2) or on a contract pursuant to point (b) of Article 6(1); and
b) the processing is carried out by automated means.
2) In exercising his or her right to data portability pursuant to paragraph 1, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible.
3) The exercise of the right referred to in paragraph 1 of this Article shall be without prejudice to Article 17. That right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
4) The right referred to in paragraph 1 shall not adversely affect the rights and freedoms of others.
Right to object (Article 21 EU GDPR):
1) The data subject shall have the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on point (e) or (f) of Article 6(1), including profiling based on those provisions. The controller shall no longer process the personal data unless the controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.
2) Where personal data are processed for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing, which includes profiling to the extent that it is related to such direct marketing.
3) Where the data subject objects to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.
4) At the latest at the time of the first communication with the data subject, the right referred to in paragraphs 1 and 2 shall be explicitly brought to the attention of the data subject and shall be presented clearly and separately from any other information.
5) In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject may exercise his or her right to object by automated means using technical specifications.
6) Where personal data are processed for scientific or historical research purposes or statistical purposes pursuant to Article 89(1), the data subject, on grounds relating to his or her particular situation, shall have the right to object to processing of personal data concerning him or her, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
Automated individual decision-making, including profiling (Article 22 EU GDPR):
1) The data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her.
2) Paragraph 1 shall not apply if the decision:
a) is necessary for entering into, or performance of, a contract between the data subject and a data controller;
b) is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests; or
3) In the cases referred to in points (a) and (c) of paragraph 2, the data controller shall implement suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision.
4) Decisions referred to in paragraph 2 shall not be based on special categories of personal data referred to in Article 9(1), unless point (a) or (g) of Article 9(2) applies and suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests are in place.
Right to lodge a complaint with a supervisory authority (Article 77 EU GDPR):
1) Without prejudice to any other administrative or judicial remedy, every data subject shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of his or her habitual residence, place of work or place of the alleged infringement if the data subject considers that the processing of personal data relating to him or her infringes this Regulation.
2) The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Article 78.
Right to withdraw consent:
Where processing is based on consent, the data subject shall have the right to withdraw his or her consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
Prior to giving consent, the data subject shall be informed thereof. It shall be as easy to withdraw as to give consent. To withdraw a consent the data subject can contact the controller using following means:
1) Sending an email describing the withdrawal to privacy_bg@soitron.com;
2) Calling our corporate phone number +359 2 41419 03;
3) Sending a written request for withdrawal of a consent to the corporate headquarters of the controller labeled “GDPR – consent withdrawal” on the envelope.
All communication and statements on the applicable rights of the data subject shall be provided by the Controller free of charge. However, if the application is manifestly unfounded or inappropriate, in particular because it is repeated, the Controller is entitled to charge of a reasonable fee, taking into account the administrative costs associated with providing the requested information. In the case of a repeated application for a copy of the processed personal data, the Controller reserves the right to charge a reasonable fee for administrative costs.
Feedback and, where appropriate, information on the measures taken shall be provided by the Controller as soon as possible and not later than one (1) month. The Controller may be allowed to extend the time limit to respond by additional two months, if the case is justified, given the complexity and number of received applications. The Controller shall inform the data subject about the extension of the reply period and indicate the reasons for the delay.