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DATA CONTROLLER’S STATEMENT ON THE PROCESSING OF PERSONAL DATA

In this section, we provide information on the processing and protection of personal data within the meaning of

Regulation (EU) 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, repealing Directive 95/46/EC (General Data

Protection Regulation) and Act of the Slovak Republic No. 18/2018 Coll. on the Protection of Personal Data and on

Amendments to Certain Acts (hereinafter: the “Personal Data Protection Act”).

The Controller ES-RD 5 s.r.o., with its registered office at Špitálska 55, Company ID No.: 50264109 (hereinafter referred

to as the “Controller”), has taken appropriate technical and organizational measures to ensure the protection of the rights

of data subjects, which declare the lawful processing of personal data. Furthermore, the Operator has implemented a

transparent system for recording security incidents and any questions from the data subject as well as other persons.

If necessary, the data subject can also obtain individual information by phone at: +421 911 907 127 or by e-mail:

[email protected].

1. Controller

ES-RD 5 s.r.o.

Špitálska 55

811 08 Bratislava – Old Town District

Company ID: 50264109

We process your data for our own purposes as the Controller. This means that we determine the purpose for which we

collect your personal data, determine the means of processing and are responsible for their proper implementation.

2. Intermediaries

In certain cases, the Controller may also process the personal data of data subjects through processors who are entrusted

with the processing of personal data in accordance with Article 28 of the GDPR.

The processors process the personal data of data subjects on behalf of the Controller. The processing of personal data by

the processor does not adversely affect the exercise and exercise of the rights of the data subject. The Controller uses

only processors providing appropriate technical, organizational and other measures so that the processing meets the

requirements of the GDPR and that the protection of the rights of the data subject is fully ensured.

The Controller uses the following categories of processors when processing personal data of data subjects:

• supplier ensuring the supply of technical solutions, web hosting services, maintenance and support of IT systems

used by the Operator

• a supplier providing services in the field of accounting and tax obligations of the Operator

Categories of recipients of personal data: persons acting on the basis of a mandate from the controller, legal

representative, auditor, state administration and public authorities to perform control and supervision.

3. Purpose of personal data processing

As a controller, we exclusively process personal data that we can substantiate on a legitimate legal basis and a defined

purpose:

• Response to an inquiry, suggestion or question submitted physically, by telephone or electronically: In order

to provide feedback and comply with the requests of the data subject, we apply the legal basis for processingpursuant to Article 6(1)(f) of the GDPR – legitimate interest of the controller. As a data subject, you have the

right to object to such processing at any time.

• Expression of interest in our services or products, planned cooperation: The legal basis for data processing is

Article 6 (1) (b) of the GDPR – data processing is necessary for the implementation of measures prior to the

conclusion of the contract, i.e. during the pre-contractual relationship.

• Conclusion and performance of the contractual relationship: After the conclusion of the contract between the

controller and the data subject, the processing of data is necessary for its performance in accordance with Article

6(1)(b) of the GDPR.

• Recruitment of new employees: If you are looking for a job and are interested in working for our company, you

can provide us with your CV and cover letter based on your consent to the processing of personal data pursuant

to Article 6(1)(a) of the GDPR. We will include the data obtained in this way in the register of job seekers. You

can withdraw your consent at any time.

4. Period of processing and storage of your personal data

Your personal data that we have processed or are processing pursuant to Article 6(1)(b) of the GDPR – as part of the

fulfilment of the controller’s obligations, we also process for the purpose of fulfilling our legal obligations regarding taxes

and accounting. These obligations arise from generally binding legal regulations, such as Act No. 431/2002 Coll. on

Accounting, as amended, or Act No. 595/2003 Coll. on Income Tax and Act No. 563/2009 Coll. on Tax Administration. We

must retain the data for the period stipulated by this legislation. We follow the principle of minimizing the storage of

personal data according to Article 5 (1) (e) of the GDPR, and therefore your personal data, which is not subject to archiving

according to special legal regulations, will be deleted or anonymized.

We process personal data processed on the basis of the consent granted pursuant to Article 6(1)(a) of the GDPR, for

example for the inclusion of the data subject in the register of job applicants or for the purpose of sending current

marketing news, for a period of 3 years or until the consent is withdrawn. In the event that the end of the data processing

period is approaching, we will contact the data subject with the possibility of renewing and extending the consent for the

next processing period. If the data subject does not give consent or does not respond to contact, we will stop processing

personal data – we will automatically remove it from the records, we will technically delete the electronic data from the

systems and shred the physical documents.

Personal data processed on the basis of a legitimate interest pursuant to Article 6(1)(f) of the GDPR, which were obtained

in response to a submitted inquiry, suggestion or question for the purpose of providing feedback to the data subject, are

deleted immediately after processing, unless they have subsequently been forwarded to a pre-contractual or contractual

relationship.

As the Controller, we will ensure the deletion of personal data without undue delay after: all contractual relations

between you and us as the controller have been terminated; and/or

– all your obligations to the Controller have ceased to exist; and/or

– all your complaints and requests have been handled; and/or

– all other rights and obligations between you and us as the controller have been settled; and/or

– all the purposes of processing set out by law or the purposes of processing for which you have given us your consent

have been fulfilled, if the processing was based on the consent of the data subject; and/or

– the period for which consent was granted has expired or the data subject has withdrawn his/her consent; and/or

– the data subject’s request for the erasure of personal data has been granted and one of the reasons justifying the

granting of this request has been met; and/or- the decisive legal fact for the termination of the purpose of processing has occurred and at the same time the protective

retention period defined with regard to the principle of minimizing the retention period of personal data has expired;

– and at the same time the legitimate interest of the controller does not exist, all obligations stipulated by generally

binding legal regulations that require the storage of personal data of the data subject (in particular for the purposes of

archiving, tax audit, etc.) have ceased to exist, or which could not be fulfilled without their storage.

In any case, we do not systematically process any accidentally obtained personal data for any purpose defined by us.

Where possible, we will inform the data subject to whom the accidentally collected personal data belongs about their

accidental collection and, depending on the nature of the case, we will provide them with the necessary cooperation

leading to the restoration of control over their personal data. Immediately after these necessary actions aimed at

resolving the situation, we will immediately dispose of all accidentally obtained personal data in a secure manner.

If you are interested in further information about the specific retention period of your personal data, please contact us

using the contact details provided.

5. Disclosure of data

Our company does not arbitrarily disclose the personal data obtained in any way.

6. Cross-border transfer and profiling of personal data

Cross-border transfers outside the EU and profiling of personal data is not carried out and is not intended for the future.

7. Rights and obligations of the data subject

• The data subject is obliged to provide only complete and truthful data.

• In the event of a change, the data subject undertakes to update his/her data at the latest before the first

order following the change occurs.

• The data subject undertakes that if he provides personal data of a third party (name, surname, telephone

number), he does so only with the consent of the third party and the data subject is familiar with the

procedures, rights and obligations set out on this page.

• As a data subject, you have the right to decide on the handling of your personal data to the specified extent.

You can exercise these rights in person at the Controller’s registered office or by phone – in writing (by post /

e-mail).

We will try to respond to you as soon as possible, but we will always respond to you no later than 30 days after

receiving your request. The applicable legal regulations and the GDPR Regulation, or the Act, provide you in particular:

Right of access – You have the right to request confirmation from us as to whether your personal data is being processed,

and if so, to obtain a copy of this data and additional information resulting from Article 15 of the Regulation or Section

21 of the Act. In the event that we collect a large amount of data about you, we may require you to specify your request

for a range of specific data that we process about you.

Right to rectification – In order for us to constantly process only up-to-date personal data about you, we need you to

notify us of their change as soon as it occurs. In the event that we process incorrect data about you, you have the right

to request their correction.

Right to erasure – If the conditions of Article 14 of the Regulation or Section 23 of the Act are met, you can request the

deletion of your personal data. Therefore, you can request erasure, for example, if you have withdrawn your consent tothe processing of personal data and there is no other legal basis for processing, or if we process your personal data

unlawfully, or the purpose for which we processed your personal data has ceased to exist and we do not process them

for another compatible purpose. However, we will not delete your data if it is necessary to establish, exercise or defend

legal claims.

Right to restriction of processing – If the conditions of Article 18 of the Regulation or Section 24 of the Act are met, you

can request us to restrict the processing of your personal data. Therefore, you can request restriction, for example, when

you object to the accuracy of the processed data or if the processing is unlawful and you do not want us to delete the

data, but you need their processing to be restricted while you exercise your rights. We continue to process your data if

there are grounds for establishing, exercising or defending legal claims.

Right to portability – If the processing is based on your consent or carried out for the purpose of performing a contract

concluded with you and at the same time carried out by automated means, you have the right to receive from us your

personal data that we have collected from you in a commonly used machine-readable format. If you are interested in it

and it is technically possible, we will transfer your personal data directly to another controller. This right will not be

applicable to processing carried out for the performance of a task carried out in the public interest or in the exercise of

official authority.

Right to object to processing – If we process your personal data for the performance of a task carried out in the public

interest or in the exercise of official authority vested in us, or if the processing is carried out on the basis of our legitimate

interests or those of a third party, you have the right to object to such processing. On the basis of your objection, we will

restrict the processing of personal data and unless we prove compelling legitimate reasons for the processing that

outweigh your interests, rights and freedoms or the reasons for proving, exercising or defending legal claims, we will no

longer process the personal data and we will delete your personal data. You have the right to object at any time to the

processing of personal data for direct marketing purposes, including profiling to the extent that it is related to such direct

marketing. Once you have objected, we will no longer process your personal data for this purpose.

Right to lodge a complaint – If you believe that the processing of your personal data is contrary to the Regulation or the

Law, you have the right to lodge a complaint with one of the competent supervisory authorities, in particular in the

Member State of your habitual residence, place of work or the place of the alleged infringement. For the territory of the

Slovak Republic, the supervisory authority is the Office for Personal Data Protection, with its registered office: Hraničná

4826/12, 820 07 Bratislava, Slovak Republic, web: www.dataprotection.gov.sk, tel.: +421 /2/ 3231 3220.

Right to withdraw consent – If the processing of your personal data is based on consent, you have the right to withdraw

this consent at any time. The withdrawal of consent does not affect the processing already carried out. If at any time later

you decide that you are interested in receiving commercial and marketing offers from us about our products and services

again, you can re-give your revocation of your consent (or objection) at any time by any of the above-mentioned forms

of contact.

8 . Contact details of the Office for Personal Data Protection

Office for Personal Data Protection of the Slovak Republic

Address:

Park one building

Námestie 1.mája 18

811 06 Bratislava

Slovak RepublicCompany ID: 36 064 220

Registry:

Monday – Thursday: 8:00 – 15:00

Friday: 8:00 – 14:00

Telephone consultations in the field of personal data protection:

Tuesday and Thursday from 8:00 to 12:00 +421 2 323 132 20

Secretariat of the President of the Office +421 2 323 132 11

Office Secretariat +421 2 323 132 14

Fax: +421 2 323 132 34

Spokesman:

Mobile: 0910 985 794

E-mail: [email protected]

Email:

a) in general: [email protected]

b) for the provision of information pursuant to Act No. 211/2000 Coll.: [email protected]

c) Website: [email protected]

d) to submit requests for the provision of information pursuant to Act No. 211/2000 Coll. on Free Access to Information,

use the online form.

e) an e-mail address through which the Office will provide you with advice in the field of personal data protection. It is

intended for children, youth, students, teachers, parents who suspect that their personal data has been misused:

[email protected]

A template for initiating a personal data protection procedure can be found on the Office’s website

(https://dataprotection.gov.sk/uoou/sk/content/konanie-o-ochrane-osobnych-udajov).

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