ANNEX 5. GENERAL PRIVACY POLICY

on processing the personal data of natural persons and the rights of the data subjects

Based on the provisions 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 (General Data Protection Regulation; hereinafter referred to as: Regulation, or GDPR ) the Controller provides information to the data subjects regarding the processing of their personal data and the rights of tha data subjects.

I. INFORMATION ON CERTAIN MEASURES REGADING DATA PROCESSING AND DATA SECURITY

The Controller is obliged to inform the data subject about the purpose, legal basis, and other circumstances of the data processing when the data is collected or at first contact.
The Controller, regarding all purposes and legal bases of its data processing activity has executed all technical and organization-related measures and established all procedural rules which are required for the Regulation to apply.
The Controller shall protect the processed data from both accidental and deliberate destruction, being lost, modification, damages and becoming public unlawfully or unlawful access by executing the appripriate measures.

II. RIGHTS OF THE DATA SUBJECT

1 – Summared information on the rights of the data subject

This article shortly summarizes the rights of the data subject as listed hereunder in favor of the clarity and transparency:

a) right of preliminary information
b) data subject’s right of access
c) right of rectification
d) Right to erasure (‘right to be forgotten’)
e) Right to restriction of processing
f) Notification obligation regarding rectification or erasure of personal data or restriction of processing
g) Right to data portability
h) Right to object
i) Automated individual decision-making, including profiling

j) communication of a personal data breach to a data subject
k) Right to lodge a complaint with a supervisory authority
l) Right to an effective judicial remedy against a supervisory authority
m) Right to an effective judicial remedy against a controller or processor
The detailed content of the abovementioned rights is the following:

A) Right of preliminary information
The data subject is entitled for being provided with all the following information prior to the start of the data processing, at the time when personal data are obtained, (Regulation Art 13-14.)
− the identity and the contact details of the controller and, where applicable, of the controller’s representative;
− the contact details of the data protection officer, where applicable;
− the purposes of the processing for which the personal data are intended as well as the legal basis for the processing;
− where the processing is based on legitimate interests, the legitimate interests pursued by the controller or by a third party;
−categories of the subjective personal data (if the personal data is not obtained from the data subject);
− the recipients or categories of recipients of the personal data, if any;
− where applicable, the fact that the controller intends to transfer personal data to a third country or international organisation and the existence or absence of an adequacy decision by the Commission, or in the case of transfers referred to in Article 46 or 47, or the second subparagraph of Article 49(1), reference to the appropriate or suitable safeguards and the means by which to obtain a copy of them or where they have been made available;

(the data subject must be notified also about the following relevant supplementary indormation)
− the period for which the personal data will be stored, or if that is not possible, the criteria used to determine that period;
− the existence of the right to request from the controller access to and rectification or erasure of personal data or restriction of processing concerning the data subject or to object to processing as well as the right to data portability;
− where the processing is based on the consent of the data subject, the existence of the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal;
− the right to lodge a complaint with a supervisory authority;
− whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether the data subject is obliged to provide the personal data and of the possible consequences of failure to provide such data;
− from which source the personal data originate, and if applicable, whether it came from publicly accessible sources;
− the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the regulation, 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 controller shall provide the information within a reasonable period after obtaining the personal data, but at the latest within one month, having regard to the specific circumstances in which the personal data are processed; if the personal data are to be used for communication with the data subject, at the latest at the time of the first communication to that data subject; or if a disclosure to another recipient is envisaged, at the latest when the personal data are first disclosed.

Where the controller intends to further process the personal data for a purpose other than that for which the personal data were obtained, the controller shall provide the data subject prior to that further processing with information on that other purpose and with any relevant further information.

The information obligation of the controller shall not apply where and insofar as the data subject already has the information; the provision of such information proves impossible or would involve a disproportionate effort; obtaining or disclosure is expressly laid down by European Union or Member State law to which the controller is subject or where the personal data must remain confidential subject to an obligation of professional secrecy regulated by European Union or Member State law, including a statutory obligation of secrecy.

B) Right of access by the data subject

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 (Regulation Art 15.):
− the purposes of the processing
− the 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 controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
− 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, 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 controller shall provide a copy of the personal data undergoing processing. .

C) Right to rectification

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. (Regulation Art 16.).

D) Right to erasure (‘right to be forgotten’)

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 (Regulation Art 17. cikk):
− the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
− the data subject withdraws consent on which the processing is based and where there is no other legal ground for the processing;
− the data subject objects to the processing pursuant to section H) hereunder;
− 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 to minors referred to in Article 8(1) of the Regulation.

Where the controller has made the personal data public and is obliged 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.

This right 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;

d) or archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in so far as the right 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

Detailed provisions regarding the right of erasure are included in Article 17 of the Regulation.

E) Right to restriction of processing

The data subject shall have the right to obtain from the controller restriction of processing where one of the following applies (Regulation Art 18.):
− 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;
− the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;

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;
− 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.
Where processing has been restricted, 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.

F) Notification obligation regarding rectification or erasure of personal data or restriction of processing
The controller shall communicate any rectification or erasure of personal data or restriction of processing to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort. The controller shall inform the data subject about those recipients if the data subject requests it. (Regulation Art. 19.).

G) 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 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 processing is based on consent or contractual obligation; and
− the processing is carried out by automated means. (Regulation Art 20)

H) 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 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 (Regulation Art 21.).
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.
Where the data subject objects to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.
 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.

I) Communication of a personal data breach to a data subject

When the personal data breach is likely to result in a high risk to the rights and freedoms of natural persons, the controller shall communicate the personal data breach to the data subject without undue delay. The communication to the data subject shall describe in clear and plain language the nature of the personal data breach and contain at least the following information and measures:
a) communicate the name and contact details of the data protection officer or other contact point where more information can be obtained;
b) describe the likely consequences of the personal data breach;
c) describe the measures taken or proposed to be taken by the controller to address the personal data breach, including, where appropriate, measures to mitigate its possible adverse effects.
.
The communication to the data subject shall not be required if any of the following conditions are met:
a) the 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.

Further provisions are included in Article 34 of the Regulation.

J) Automated individual decision-making, including profiling

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. (Regulation Art 22.). This provision shall not apply if the conditions in Section 2 of Art 22 of the Regulation apply, but the measures in section 3 of the said Art 22 still have to be initiated.

K) Right to lodge a complaint with a supervisory authority

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 (Regulation Art 77.).

L) Right to an effective judicial remedy against a supervisory authority

Each natural or legal person shall have the right to an effective judicial remedy against a legally binding decision of a supervisory authority concerning them, and each data subject shall have the right to a an effective judicial remedy where the supervisory authority which is competentpursuant to Articles 55 and 56 does not handle a complaint or does not inform the data subject within three months on the progress or outcome of the complaint. ( Regulation Art 78.).

M) Right to an effective judicial remedy against a controller or processor

Each data subject shall have the right to an effective judicial remedy where he or she considers that his or her rights under this Regulation have been infringed as a result of the processing of his or her personal data in non-compliance with this Regulation (Art 79.).
Proceedings against a controller or a processor shall be brought before the courts of the Member State where the controller or processor has an establishment. Alternatively, such proceedings may be brought before the courts of the Member State where the data subject has his or her habitual residence, unless the controller or processor is a public authority of a Member State acting in the exercise of its public powers.

2 – Contact details

Dated in Budapest, March 29th, 2021