POLICY ON CONFIDENTIALITY OF PERSONAL DATA
Last updated: November 2019
The protection of your personal data is one of the main concerns of Azomures.
Therefore, we take care of the processing of your personal data, in accordance with the principles set out in the data protection legislation applicable in Romania, including Regulation (EU) 2016/679 on the protection of individuals with regard to the processing of personal data and the free movement of such data and repealing the Directive 95/46 / EC ("GDPR").
Personal data means any information about an identified or identifiable natural person; an identifiable natural person is a person who can be identified, directly or indirectly, in particular by reference to an identification element, such as a name, identification number, location data, an online identifier, or to one or more many specific elements, specific to its physical, physiological, genetic, psychological, economic, cultural or social identity.
• the purposes for which we collect and use your personal data
• the basis of the processing of personal data, for these purposes
• the categories of personal data that we collect from you and process
• the duration of these data processing
• your rights as subjects of personal data processing (the person aimed) and how you can exercise them
• to whom we may disclose your personal data
The operator is Azomureș S.A., headquartered in Steet Gheorghe Doja no. 300, postal code 540237, Târgu Mureș, Romania, registered with the Trade Register under no. J26 / 1/1991, fiscal code RO 1200490, Tel 0040 265 253 700, Fax 0040 265 252 627/0040 265 252 706 (hereinafter referred to as Azomureș).
The data protection responsible of Azomures can be contacted by e-mail at firstname.lastname@example.org.
The following principles are fundamental to the processing of your personal data:
• Legitimacy: we collect and process personal data only as we have a legal basis. We use personal data for commercial purposes only, when we have a legitimate interest or to comply with legal obligations.
• Minimization: we collect only the appropriate, relevant and necessary data in relation to the processing purposes and we take all necessary measures to ensure that their processing is carried out by ensuring data security.
Scopes and grounds for processing and the categories of personal data processed
In the context of the interaction with Azomures, you, as an individual, may be subject to the activities of processing the personal data we carry out. Thus, we use your personal data in the following cases:
1. If you are a customer, supplier or contractual partner of Azomures
1.1. Data processing
The categories of personal data we process may include:
• identification data (e.g. surname, surname, country of residence and / or nationality, tax identification number) and national identification numbers (your passport number or identity card);
• contact details (e.g. telephone number, e-mail address, postal address or workplace address);
• financial information (e.g. details of your bank account, information about transactions with us in the course of the commercial relationship);
• other information necessary to evaluate the solvency and professional conduct (e.g. your experience regarding the service you provide, the risk of money laundering, the risk of bribery and corruption, your relationships with politicians, professional conduct in relationships commercial with Azomures).
We may collect your personal data:
• directly from you (e.g. if you are a contractual partner - a natural person with whom we have commercial relations and with whom we have signed a contract, or contact us on behalf of the contractual partner you represent);
• from other public sources, such as the trade register, the public finance administration or any public information registries or databases, to verify the information we hold.
1.2. Processing purposes and the legitimate basis of such processing
We may use your personal data for the following purposes:
1.2.1. Execution of the contract and communication with you
We use your data to take the necessary measures to conclude a commercial contract and thereafter, to manage your business relations with you, to respond to your requests, to honor orders and any formalities necessary activities in this regard, to manage invoices and payments, for event management, to send you communications about the performance of the contract, to answer your questions and verification requests. We use your contact details to communicate with you regarding your requests and any other relevant issues relating to the conduct of your business relationship. In this case, the basis of processing is represented by the conclusion and execution of the contract between us, according to art. 6 paragraph (1) let. b) from the GDPR.
1.2.2. Data processing as an obligation required by law
It is possible to process some of your data in the context of providing information, to the state authorities, based on the applicable legal provisions or to fulfil some obligations imposed by the law, such as those regarding the keeping of records, the preparation and maintenance of financial-accounting documents and, in in certain cases, the obligation to know the client under the regulations for preventing and combating money laundering and terrorism financing.
Certain products we sell, such as pesticides and fertilizers, may contain ammonium nitrate (the substance classified as explosive precursors). The regime of these products is strictly regulated, the supply of products being subject to the reporting mechanism for suspicious transactions established by Regulation no. 98/2013/EU regarding the commercialization and use of precursors of explosives and Law no. 49/2018 regarding the precursors of explosives, as well as for the modification and completion of some normative acts. For these reasons, we will keep a strict record of the transactions with the products containing this precursor, in the form of a specific destined register, in which we will record for each transaction carried out at least the following:
• the identification data of the purchaser - name of the company / authorized natural person, registered office, unique registration code, as well as the identification data of the representative making the sale / purchase - name, surname, series and number of the identity document;
• data on the restricted explosive previously sold / purchased, such as quantity, type, date of sale, respectively date of delivery, place of delivery, method of payment, name and surname of the person making the sale / purchase;
• information about the buyer, from which we can determine whether he is a final buyer or a reselling buyer.
We reserve the right to refuse the marketing of these products if you do not provide accurate and complete data as well as the right to report any suspicious transactions in accordance with the legal obligations of Azomures.
In all the cases detailed in this subsection 1.2.2., the processing legal basis is represented by the existence of a legal obligation, according to art. 6 paragraph (1) ltt. c) from the GDPR.
1.2.3. Data processing justified by a legitimate interest of Azomures
It is possible to process some of your personal data in the context of reporting (fiscal or any other kind) to the affiliated companies of the Group of which we are part (AMEROPA), of the processes of data management of our business partners, prevention and investigation. The facts that may constitute offenses, finding, establishing or defending a right in court, preventing fraud, improper use of services or money laundering, managing and further developing our commercial operations including risk management.
In this case, the basis of the processing is represented by the legitimate interest of Azomures, according to art. 6 paragraph (1) let. f) from the GDPR.
1.2.4. Sending of newsletters
It is also possible to use the contact details to provide you electronically our newsletters regarding our products and services, but only if you have subscribed and therefore have expressly consented to such a processing.
You can withdraw your consent at any time by expressing your option not to receive our newsletter in the future, by clicking "unsubscribe" when you receive that email or by sending an email to email@example.com.
1.3. Duration of data keeping
We will keep the data for the entire duration of the contractual relationship plus an additional period of 3 (three) years (the general limitation period according to the Romanian law for the purpose of establishing or defending against legal claims). In any circumstance, the data are deleted if the purposes of their collection or processing have been achieved. If the personal data must be kept in order to comply with a legal obligation (e.g. the obligation to draw up and keep the financial-accounting documents for a period of 10 years or to keep records of transactions with products containing precursors for a period of 5 years after its completion), these data are kept until the end of the relevant period.
2. If you are a representative or contact person of a customer, supplier or contractual partner of Azomures
If you have not entered into a direct contract with us on your own behalf, the provision of personal data may fall within your professional duties and may be necessary for the proper performance of the contract between us and the contractual partner you represent.
2.1. Data processed
The categories of personal data we process may include:
• identification data (e.g. your first name, last name, country of residence and / or nationality) and national identification numbers (your passport number or identity card);
• contact details (e.g. telephone number from work place, professional e-mail address, address from work place);
• professional information (e.g. the name of your employer, the position you hold).
We may collect your personal data directly from you (if you contact us on behalf of the contractual partner you represent) or from the contractual partner you represent. If you have any doubts about the processing of your personal data in that regard, please contact the entity you represent directly.
2.2. Processing purposes and the legitimate ground of these processing
We may use your personal data, in general, to communicate with you regarding your requests and any other relevant matters relating to the conduct of the business relationship with our contractual partner, any communication in this regard being considered to be be addressed to the company you represent. In this case, the basis of the processing is represented by the legitimate interest of Azomures, according to art. 6 paragraph (1) let. f) from the GDPR.
We draw your attention to the fact that any employee of a contractual partner who intends to sell or buy products with pre-packaged diet (e.g. pesticides and fertilizers, or any products that have ammonium nitrate content) must identify themselves with an identity document and to prove that he acts as a representative of the contractual partner, through supporting documents, such as, but not limited to, the constitutive act, any act certifying the quality of representative of an economic operator. In this case, the basis of the processing is represented by the existence of a legal obligation, according to Article 6 para. (1) let. c) from the GDPR.
2.3. Duration of data keeping
We will keep the data for the entire duration of the contractual relationship we have with the contractual partner you represent, plus an additional period of 3 (three) years (the general limitation period according to the Romanian law for the purpose of establishing or defending against legal claims) . In any circumstance, the data are deleted if the purposes of their collection or processing have been achieved. If the personal data must be kept in order to comply with a legal obligation (e.g. the obligation to draw up and keep the financial-accounting documents for a period of 10 years or to keep records of transactions with products containing precursors for a period of 5 years after its completion), these data are kept until the end of the relevant period.
3. If you are a potential business partner of or contact person or the representative of a potential client or supplier of Azomures
3.1. Communication with you
We use your contact details to promote our products and services and / or establish a business relationship with you or the client / supplier you represent. We collect your data from public sources (market research) or directly from you (e.g. when you leave us a business card at conferences or profile events). In this case we rely on the legitimate interest to provide our products and services as well as to ensure the smooth running of our activity, according to art. 6 paragraph (1) let. f) from the GDPR.
4. If you are a candidate, job / internship applicant within Azomures
4.1. Communicating with and evaluating you
We use the personal data contained in the CVs we receive for evaluating the qualifications of the applicants for a position within Azomures, including regarding our internship or internship program.
The categories of data processed in the context of our relationship with you are: name, email, telephone, fax, address, personal data included in the CVs, details of education and training, professional qualifications, as well as other personal data that they have you can provide to us and which are necessary for the fulfilment of the above mentioned purposes.
4.2. Purpose of processing
We will process this data (contact details, information on education and professional experience) exclusively for: staff recruitment, when we identify possible collaboration possibilities, assessing the qualification of applicants for a position within Azomures, organizing interviews, checking the knowledge necessary to fill certain positions and establishing the conditions of the offer of employment.
4.3. The legitimate basis of the processing
We process your personal data at your request, in order to make any requests for the conclusion of an individual employment contract (according to Article 6 paragraph (1) letter b) of the GDPR), for the purpose of the legitimate interests of Azomures, for the recruitment of personnel (according to Article 6 paragraph (1) let. f) of the GDPR) or based on your consent (according to Article 6 paragraph (1) let. a) of the GDPR).
4.4. Duration of data keeping
In order to be able to return with any offers of employment to you, we will keep the data for a period of 6 months. At the end of this period, your data will be deleted.
You can ask us at any time to delete the data if a position within Azomures is no longer of interest to you by sending a request to the e-mail address firstname.lastname@example.org.
5. If you are a visitor to our headquarters
5.1. Data processed
Access to the administrative and production activities is done through specially arranged access points and it is monitored.
We use your personal data to ensure the security of our premises, assets and personnel.
The categories of data processed in this context are: your name, the series and the identity card number, the image, the voice, the signature, as well as other personal data that you can provide to us and which are necessary for the fulfilment of the aforementioned purposes.
5.2. Purpose of processing
The aforementioned data are processed to ensure the protection and protection of persons, goods and values, buildings and facilities, as well as the fences affected to them, to ascertain the breach of obligations and security measures and the rules of conduct applicable within the premises of the activity. Azomures and the prevention and combating of crimes.
5.3. The legitimate basis of the processing
According to art. 6 paragraph (1) lit. f), the processing of the data collected by Azomures for access to the administrative building is based on the legitimate interests of the company.
5.4. Duration of data keeping
The electronic visitor registers will be stored for a period of 3 years and 1 month, except for situations expressly regulated by law or for duly justified cases.
The storage time of the data obtained through the video surveillance system is proportional to the purpose for which the data is processed, but not more than 30 days, except for the situations expressly regulated by law or for the duly justified cases (such as the investigation of crimes, situation in which the images will be stored for the entire duration of investigations and the application of measures by the competent bodies). When the storage period expires, the records are destroyed or deleted, as the case may be, depending on the media they have stored.
6. If you are a visitor of our website
6.1. Processed data
We use the personal data we collect from you when you visit our Website, www.azomures.com, to monitor the traffic and improve the content of the Site.
The categories of data processed in this context are: the time and date of accessing the website and the IP address from which our Website was accessed.
Additionally, if you would like to contact us to ask us any questions, comments or suggestions, you can do so by filling in the form in the "Contact" section of the Site, providing a valid email address and a telephone number.
6.2. Purpose of processing
Information about the time and date of accessing the Website and the IP address from which our Website was accessed are collected and processed to monitor the traffic and improve the content of the Website.
The information provided by completing the contact form will be used exclusively for the purpose of analysing your request and, if accepted by Azomures, for taking all necessary measures to provide an answer or to take appropriate measures. The refusal to provide the requested information prevents the completion of the registration process and makes communication between you and Azomures impossible.
6.3. The legitimate basis of the processing
We process your personal data based on your consent, according to the provisions of Article 6 para. (1) let. a) of the GDPR.
6.4. Duration of data keeping
We will keep your data for a period of 3 years (the general limitation period according to the Romanian law), in all situations where, according to the object of your request, the data may be necessary for us to find, exercise or defend a right in court, regardless of whether it has place in a proceeding before a court or in an administrative or extrajudicial procedure. At the end of this period, your data will be deleted.
Provision of personal data
If certain personal data are requested directly from you, for the purposes mentioned above, please provide them correctly and completely, otherwise there is the possibility of improper relations between us.
If you provide Azomures with the personal data of other natural persons, please make sure in advance the legality of such disclosure and let them know in advance how Azomures intends to process their personal data, as described in this policy privacy.
Disclosure of your personal data
As a general rule, we will not disclose your personal data to third parties.
However, it may be necessary to transfer your personal data to other companies within the Ameropa Group within the European Economic Area (EEA) and Switzerland.
Also, if we have entered into a contract with a service provider or a contractor to provide us with services or provide a service on our behalf, they may have access to your personal data. Azomureș S.A. does not authorize these service providers / contractors to use or disclose your personal data except in connection with the provision of their services.
Azomureș may disclose the data in order to comply with the obligations established in the Azomures task according to the applicable legal regulations or in response to the request of a court or other public authority, such as a warrant or subpoena. Azomures may also disclose your personal data if we believe, in good faith, that such disclosure is necessary to prevent fraud, combat money laundering or terrorist financing, and protect legitimate interests of Azomures.
Duration of processing
Generally, the personal data collected and used will be stored as long as we have a justified interest in the keeping of these data, or for any other longer period provided for by the law, an applicable regulation for record keeping or by public authorities. In the event of litigation, we may keep your personal data until the trial is completed, including during any court cases.
We intend to keep your personal data for the duration of the contract / agreement between us, as well as afterwards, according to our internal policies and the legal obligations incumbent upon us, detailed also in the previous sections.
If the data is not collected under a contract / agreement, these data will be kept for as long as is necessary to achieve the purpose of the expected data collection, as detailed in the previous sections as well.
As soon as the applicable storage period expires, the data will be: (a) securely deleted or destroyed; or (b) transferred to an archive (unless this is prohibited by law or applicable regulation of record keeping). In any case, your personal information will not be kept in a form that allows you to identify yourself more than is necessary to fulfill the purposes for which they were collected or processed, or in accordance with the relevant legislation in force.
We have taken organizational and technical measures to ensure an adequate level of security against the risks arising from processing, in particular through destruction, loss, modification, disclosure, unauthorized acquisition or access, wilful or accidental manipulation, access by third parties, deletion or modification of personal data. You will be notified in the event of a breach of data security, within a reasonable period of time after the breach is discovered, unless the authorized body determines that the notification would impede a criminal investigation or could endanger national security. In this case, the notification will be delayed according to the instructions of the authorized body. We will respond promptly to any requests for data security breach.
As a data subject, "GDPR” grants you a number of rights, including:
• the right of renunciation – allowing you, if you have been asked for express consent for a certain processing, to withdraw your consent at any time;
• the right of access – allowing you to obtain confirmation that your personal data are processed by us and, if so, the relevant details of these processing activities;
• the right to rectification – allowing you to rectify your personal data if they are inaccurate;
• the right to delete – allowing you to obtain the deletion of your personal data in certain cases; for example, you may request the deletion of your personal information in the following cases:
- if your personal data are no longer necessary for the purpose of processing;
- if you have withdrawn your consent for data processing, in the case of processing based on consent;
- in case you have opted for data processing and there are no legitimate reasons to prevail regarding the processing;
- whether the data must be deleted in order to fulfil a legal obligation applicable to Azomureș.
• the right to restrict the processing – allowing you to obtain the restriction of the processing of your personal data, in certain cases (for example, when you dispute the accuracy of your personal data, for a period that allows us to verify this accuracy);
• the right to opposition – allowing you to oppose further processing of your personal data under the conditions and limits set by law;
• the right to data portability – allowing you to receive personal data concerning you, and which you have provided to us, in a structured, commonly used and automatically readable format, or to transmit this data to another data operator.
We are happy to secure these rights of you.
You can exercise your rights mentioned above and find out more about them by submitting a written request to the address Gheorghe Doja Nr. 300, by e-mail, at email@example.com.
You also have the right to file a complaint with the National Supervisory Authority for Personal Data Processing (www.dataprotection.ro).
We are committed to always handle your requests with the utmost attention and in the shortest time possible.