RODO

In view of the fact that you have entered into cooperation with Locotranssped spółka z ograniczoną odpowiedzialnością and that since 25 May 2018, the provisions laid down in REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (EU) 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 (GDPR), have been in force, please be informed of the following:

1. Provision of services and data processing

   1. Locotranssped spółka z ograniczoną odpowiedzialnością (hereinafter referred to as Locotranssped Sp. z o.o.), with the registered office at ul. Abp. A. Baraniaka 88c, building D, Poznań (61-131), Poland, provides the following scope of services:

1. road transport;

2. multimodal transport;

3. forwarding;

4. logistics services.

2. With regard to the provision of forwarding services, road transport services, multimodal transport services and logistics services ordered by its Customers, Locotranssped Sp. z o.o. acts as the Processor of Personal Data provided by the company’s Customers that are the Controllers of such Personal Data within the meaning of REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL (EU) 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).

3. Whenever road transport services, multimodal transport services or logistics services are outsourced to the Subcontractors, Locotranssped Sp. z o.o. acts as the Controller, while the Subcontractors act as the Processors of Personal Data.

4. With respect to the provision of road transport services, the Subcontractors, in their capacity as the Controllers, provide Locotranssped Sp. z o.o. with their own personal data as well as the personal data of their contact persons and drivers that are employees of the Subcontractors and carry out transport services ordered by Locotranssped Sp. z o.o., while Locotranssped Sp. z o.o. acts as the Processor of the Personal Data.

5. With regard to the performance of the forwarding services ordered by its Customers, Locotranssped Sp. z o.o., provides the data of the Subcontractors and the Subcontractors’ employees to the Customers, acting as the Processor of such data, while the Customers act as the Further Processors, and the Subcontractors act as the Controllers of such Personal Data.

6. You have the right to request access to, rectification and erasure of your Personal Data, as well as the right to request the restriction of processing and data portability, and to object to the processing carried out by us for the purposes of our legitimate interest.

2. Provision of personal data for processing

   1. With a view to the performance of the services indicated in section 1 above, it is necessary to set out the obligations of the Parties that are involved in the process of Personal Data processing in relation to the business activity conducted by Locotranssped Sp. z o.o.. The scope of the Personal Data to be processed includes:

      1. With respect to section 1.2, the Customer provides Locotranssped Sp. z o.o. with the following data for the purpose of processing:

         1. first and family names, business mobile phone number and business e-mail address of employees designated for contact as well as the company name, registered office address, business address, first and family name of the Customer (if operating as a business);

         2. details of the recipient of cargo, as per filed order, including the company name, first and family name of the recipient, address and telephone number; details of the sender, recipient, loading site, destination etc. that are necessary for order execution, such as company names, first and family names of the contact persons, their addresses, telephone numbers, and e-mails;

         3. details of the Subcontractor of Locotranssped Sp. z o.o.’s Customer (in particular the company name, first name and family name of the driver, vehicle registration number, driver’s identity card or passport number and PESEL (personal identification) number, and driver’s telephone number).

      2. In cases referred to in section 1.3, Locotranssped Sp. z o.o. provides the Subcontractors with the following data for the purpose of processing:

         1. first and family names, and business telephone numbers and e-mails of the employees designated for cooperating with the Subcontractor and the registered office address;

         2. details of the recipient of cargo, including the company name, first and family name of the recipient, and the address and telephone number;

         3. address of the loading site and company name, and the first and family names of the contact persons designated by the Customer, together with their telephone numbers.

      3. In cases referred to in section 1.4, the Subcontractor provides Locotranssped Sp. z o.o. with the following data for the purpose of processing:

         1. first and family names, business telephone numbers and business e-mail addresses of the employees designated for contact as well as the company name, registered office address, business addresses, first name and family name of the Customer (if operating as a sole proprietorship);

         2. first and family names, driving licence numbers, ID card numbers, passport numbers, PESEL (personal identification) numbers, and business telephone numbers of drivers providing transport services.

      4. In cases referred to in section 1.5, Locotranssped Sp. z o.o. provides the Customers with the following data for the purpose of processing:

         1. first and family names, business telephone numbers and business e-mail addresses of the Subcontractor’s employees designated for cooperation as well as the company name, registered office address, business addresses, and first and family name of the Subcontractor (if operating as a sole proprietorship);

         2. first and family names, driving licence numbers, ID card numbers, passport numbers and business telephone numbers of the Subcontractor’s drivers providing transport services.

   2. The Personal Data referred to above shall be processed during the period of performance of services by Locotranssped Sp. z o.o. for the Customers, and during the period of performance of services by Subcontractors for Locotranssped Sp. z o.o., unless any of the Parties is obliged to further process such data under applicable laws.

   3. Regarding the nature of data processing, data will be processed in hard copy and electronic form. If the Personal Data provided to Locotranssped Sp. z o.o. are the data previously entrusted to the Customer for processing by other Controllers, the data of these Controllers will be submitted together with the transport documents.

   4. The categories of data subjects include the recipients and senders of shipments transported by Locotranssped Sp. z o.o. based on orders placed by the Customers, the Customers’ employees, the Subcontractors of Locotranssped Sp. z o.o. and their employees, and the employees of Locotranssped Sp. z o.o.

   5. Each Party indicated herein shall only process Personal Data in the manner indicated herein or in accordance with documented instructions of the Party acting as the Controller, unless the data-processing obligation is imposed by the law of the European Union or the law of the Member State to which it is subject, in which case the Processor or Further Processor shall inform the Controller of that legal obligation prior to such further processing, unless that law prohibits the provision of such information on important grounds of public interest.

   6. Each Party undertakes to process data in accordance with the law, and in particular to:

1. engage in data processing solely on the basis of the Controller’s documented request, where such documented request is to be interpreted as referring to a service provision order placed with Locotranssped Sp. z o.o. by the Customer or a transport order placed with the Subcontractor by Locotranssped Sp. z o.o.;

2. apply technical and organizational measures to ensure the protection of Personal Data being processed suited to the risks and the category of protected data, and in particular to protect such data against unauthorized access, removal by an unauthorized person, processing in breach of the law as well as alteration, loss, damage or destruction;

3. take any measures required under Article 32 of the GDPR;

4. maintain records describing how the data are processed and what organizational and technical measures are in place; assist the Controller in complying with the obligation to respond to the data subjects’ requests related to the exercise of their rights set out in section 3, support the Controller in complying with the obligations set out in Articles 32-36 of the GDPR;

5. issue individual authorizations to process Personal Data;

6. allow only authorized persons to process Personal Data; to keep records of persons who are authorized to process Personal Data, and to oblige such authorized persons to maintain confidentiality;

h) provide the Controller with any and all information necessary to demonstrate compliance with the obligations set out in Article 28 of the GDPR.

1. The Parties undertake to process and access the Personal Data referred to herein only via the IT infrastructure that is located in the Republic of Poland or in the European Economic Area (EEA) countries. The transfer of Personal Data to third countries may take place subject to compliance with additional terms and conditions set out in the GDPR.

2. The Parties, in their capacity as the Controller, shall have the right to verify the Processor’s compliance with the contractual provisions specified herein. The precondition for conducting inspections is notifying the Processor not later than 7 days before the scheduled date of the inspection. As part of exercising this right, the Controller may submit inquiries to the Processor regarding compliance with the obligations regarding the security of the Personal Data provided to it in conformity with the provisions specified herein, while the Processor undertakes to respond to any such inquiries within 7 working days from the date of their receipt.

3. The Parties, in their capacity as Processors, undertake to notify the Controller without any delay of any proceedings, particularly administrative or judicial proceedings, relating to the Personal Data provided for the purpose of processing, as well as of any scheduled or ongoing checks and inspections concerning such data.

2. Period of data storage

   1. Locotranssped Sp. z o.o. undertakes to store Personal Data related to orders for a period necessary for contract execution and for a period during which claims may be pursued in connection with the transactions.

   2. In addition, for the purpose of accountability, Locotranssped Sp. z o.o. may retain the data for the period during which the company is formally obliged to store such data (or documents containing such data) for the purpose of documenting compliance with legal requirements, including enabling the public authorities to verify such compliance.

3. Final provisions

   1. In matters not regulated herein, applicable laws shall apply, in particular the Act of 10 May 2018 on the Protection of Personal Data, the GDPR, and the provisions of the Civil Code.

   2. The provision of personal data is voluntary but necessary for entering into contracts and performing commissioned transport services.

   3. The appointment of a Data Protection Officer is not required under the Regulation.