Employees
Acting in accordance with art.13 paragraph 1 and 2 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 (hereinafter: " GDPR "), we provide you with full information regarding processing your personal data by CAT LC Poland L.L.C. with headquarters in Warsaw.
PERSONAL DATA ADMINISTRATOR:
The administrator of your personal data is CAT LC Poland L.L.C. based in Duchnice (05-850), at 40/42 Ożarowska Street, entered in the register of entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw, XIV Economic Department of the National Court Register, under the KRS number: 0000224296, Tax Identification Number: 5213319024, with share capital in the amount of PLN 790,000.00 (hereinafter "CAT").
In matters related to your personal data, please contact CAT directly at the address of its headquarters or the Inspector of Personal Data Protection appointed in CAT, at the following e-mail address: LCPL_IOD@groupecat.com
PURPOSE AND BASIS FOR PERSONAL DATA PROCESSING
Your personal data will be processed by CAT for the purpose related to employment and duration of the employment relationship.
The legal basis for the processing of your personal data are the following provisions of law:
- art. 221 § 1 of the Act of June 26, 1974 - the Labour Code (hereinafter: "Labour Code") in connection with art. 6 para. 1 letter b) and c) and art. 9 para. 2 letter b) GDPR - regarding personal data referred to in art. 221 § 1, 2 and 4 of the Labour Code, including sensitive data, which means that the processing is necessary to perform the employment agreement, as well as to fulfil the legal obligations incumbent upon CAT as an employer, as well as the fulfilment of obligations and the exercise of specific rights by CAT, as an employer, or by you in the field of labour law, social security and social protection,
- art. 6 para. 1 letter a) GDPR- regarding personal data other than those specified above, provided that you have consented to their processing,
- art. 6 para. 1 letter f) GDPR - in the scope of personal data processed in connection with the implementation of the legitimate interests of CAT, consisting in establishment, exercise or defence of potential legal claims or as part of employee and CAT property safety.
Providing personal data specified in art. 221§ 1, 2 and 4 of the Labour Code is a statutory duty and is necessary to establish and perform an agreement of employment concluded by you with CAT.
Providing personal data other than those specified in art. 221 § 1, 2 and 4 of the Labour Code, if consent has been given to their submission, is voluntary and no consequences are foreseen related to the failure to do so.
YOUR RIGHTS
Please be advised that in connection with the processing of your personal data by CAT, you have the following rights:
1. The right to access personal data
You are entitled to access this data, as well as to obtain information including, inter alia, the purposes of processing, categories of relevant personal data, information about recipients or categories of recipients to whom personal data have been or will be disclosed, if possible, the period of storage of personal data or the criteria for its establishment, rights related to the processing of personal data.
2. The right to rectification
You have the right to request that your personal data be rectified without delay, as long as the data is incorrect. Taking into account the purposes of processing, you may also request to supplement personal data that is incomplete, by providing an additional statement.
3. The right to erasure
You have the right to obtain the immediate erasure of your personal data, provided that:
- personal data are no longer necessary for the purposes for which they were collected or otherwise processed,
- personal data have been processed unlawfully,
- personal data must be removed in order to fulfil the legal obligation,
- in the case of personal data processed on the basis of consent - the consent has been withdrawn and there is no other legal ground for processing,
- in the case of personal data processed in connection with the pursuit of the legitimate interest of CAT or a third party - an objection to the processing has been lodged and there are no overriding legitimate grounds for processing
– unless it is possible to satisfy the request to delete personal data in accordance with the applicable law. In particular, personal data may still be processed if their processing is necessary to establish, exercise or defend claims.
4. The right to restriction of processing
You have the right to obtain restriction of the processing of your personal data in the following cases:
- if you question the accuracy of personal data - for a period allowing CAT to verify the accuracy of this data,
- the processing is illegal and you object to the erasure of your personal data requesting the restriction of their use instead,
- CAT no longer needs personal data for processing, but it is necessary for you to establish, exercise or defend claims,
- you object to the processing - pending the verification whether the legitimate grounds on CAT side override the basis of your objection.
5. The right to portability
You have the right to receive your personal data that has been provided to CAT.
You have the right to transmit this data to another administrator if it has been processed on the basis of your consent, or in connection with the performance of the agreement, and the processing took place in an automated manner.
6. The right to withdraw consent
If the processing took place on the basis of your consent, you have the right to withdraw it at any time. Withdrawal of consent has effect since its withdrawal and does not affect the processing carried out by CAT in accordance with the law before its withdrawal.
Withdrawal of consent does not entail any negative consequences, but it may prevent CAT from further performance of activities on your behalf or using certain functionalities that CAT may provide only on the basis of your consent.
7. The right to object to the processing of personal data
If the processing is based on the exercise of the legitimate interest of CAT, you have the right at any time to file an objection - for reasons related to your particular situation - to the processing of your personal data. If the objection proves to be relevant and reasoned, CAT will not be entitled to process this personal data unless it is determined that there are legally valid grounds for processing or grounds for establishing, exercising or defending claims.
8. The right to lodge a complaint with the supervisory authority
If you believe that the right to the protection of personal data or other rights granted by virtue of the GDPR or other applicable provisions of the generally applicable law have been violated, you have the right to lodge a complaint with the supervisory authority - the President of the Office for Personal Data Protection.
PERSONAL DATA RECIPIENTS
Your personal data may be shared with third parties. The recipients of your personal data may be:
IT service providers or entities providing e-mail hosting services,
- entities providing accounting, auditing or payroll services,
- entities providing legal and tax advisory services,
- entities providing services in the field of training courses, conferences,
- CAT contractors,
- CAT subcontractors,
- entities providing services in the field of medical care, insurance, services concerning the employee benefits program,
- entities providing property protection services,
- entities providing postal or courier services
Your personal data may be transferred outside the Commercial Area or an international organization, i.e.: CAT Group Headquarters. Therefore, CAT will use one of the following safeguards:
- binding corporate rules,
- standard data protection clauses adopted by the European Commission,
- standard data protection clauses adopted by the supervisory body and approved by the European Commission,
- approved codes of conduct or certification mechanisms, if they are linked to binding and legally enforceable obligations of the administrator or processing entity in the third country to apply appropriate safeguards, also, in relation to the rights of the data subjects,
- a legally binding and enforceable instrument between public authorities or entities,
TIME OF PROCESSING PERSONAL DATA
Your personal data will be processed by CAT for the duration of the employment relationship and for a longer period determined in accordance with the applicable law, in particular:
- personal files, as well as salary sheet, payslip or other evidence on the basis of which the basis for the calculation of retirement or disability pension is determined, will be kept for 50 years from the date of termination of employment,
- tax documents will be kept for a period of 5 years from the end of the calendar year in which the tax payment deadline expired,
- a record of determining the circumstances and causes of an accident at work together with other post-accident documentation will be kept for a period of 10 years,
- ZUS payment documentation will be kept until the tax liabilities are time-barred or until ZUS has confirmed the pension rights,
- ZUS registration and settlement documentation will be kept for 5 years,
- other employee documents will be kept during the period of limitation of claims arising from the employment relationship.
PROFILING
Decisions in relation to your personal data will not be taken in an automated manner, including profiling.
