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: “GDPR”), has been in force since 25 May 2018. In accordance with applicable law, we are obliged to provide you with a detailed information regarding the processing of your personal data for the purposes of the Company's activity and the use of its services by you, including in conjunction with:
- initiation and making contacts with you, including at the stage prior to entering into a contract (sending an offer, inquiries, etc.);
- conclusion and performance of contracts, including lease agreements and/or reservation agreements;
- implementation of related services.
On this basis, the Company may obtain access and process your personal data, which is meant by any information allowing identification of a person, directly or indirectly. This information is addressed to all persons making contact with the Company (directly or indirectly), whose data is processed by the Company in connection with the reservation and rental agreements concluded. If you have been indicated by the tenant as a resident, not being a party to the contract, the following categories of your data have been provided to the Company by the tenant: name and surname, telephone number, e-mail address, [other].
At the same time the Company declares, that it will use best efforts to ensure security and protection of your personal data, in accordance with applicable law on the protection of personal data.
Therefore, we inform that:
- The controller of your personal data is the company under the business name of AFI Project 7 Sp. z o.o. with registered seat in Cracow, at Aleja 29 Listopada 20 Street, KRS 0000803789 (hereinafter: “the Company”).
- In matters related to the protection of personal data, you can contact us at the following e-mail address: [---].
- Your personal data shall be used for the purpose and on the basis of:
- taking steps at your request prior to entering into a contract and initiating the cooperation, including contacting you and presenting a commercial offer, and then entering into a contract and its performance (legal basis - art. 6 par. 1 point b of GDPR);
- compliance with a legal obligation to which the Company is subject (legal basis – art. 6 par. 1 point C of GDPR), including in the area of accounting law and tax law, such as:
- an obligation to issue an invoice or other document;
- archiving documentation, i.e. contracts and clearing documents;
- consideration of complaints;
- determination, pursuing or defense against claims, based on the legitimate interest of the Company (legal basis – art. 6 par. 1 point f of GDPR);
- in case of residents who are not tenants - the legitimate interest of the Company, consisting in the processing of your data in order to perform the contract concluded between the Company and the tenant, on the basis of which you are entitled to use the subject of the lease and in which the contract or in connection with it the implementation of your personal data has been made available to the Company, in particular for the purpose of contacting you (legal basis - Article 6 (1) (f) of the GDPR);
- the legitimate interest of the Company, consisting in processing your personal data for the purpose of direct marketing (including products and services of the Company, other companies associated with the company under the business name of AFI EUROPE N.V. and/or AFI HOME B.V. which list is available at [--] or entities financing the property of the Company’s customers), implementation of the Company’s current activity, including business and administrative processes, verification of your identity, conducting market analysis, statistics and satisfaction surveys, which allows the Company to improve and optimize its business (legal basis – art. 6 par. 1 point f of GDPR);
- other purposes based on your freely given consent, including sending commercial information or using telecommunication end devices and automated calling systems for marketing purposes (legal basis – art. 6 par. 1 point a of GDPR);
- We may transfer your personal data to other external entities (data recipients), in particular to entities cooperating with the Company in the performance of contracts, implementation of the services and supporting its activities (such as banks, entities providing accounting services, advisory, IT, subcontractors, suppliers), shareholders of the Company, entities associated with the company under the business name of AFI EUROPE N.V. and/or AFI HOME B.V. which list is available at [---], as well as state authorities or other entities authorized pursuant to provisions of law to perform the obligations to which the Company is subject. Your personal data may be transferred to Israel (a third country within the meaning of GDPR) which has been considered by the European Commission as ensuring an adequate level of these data protection.
- Your personal data shall be stored and processed only for a period in which the Company will have a legal basis for this, including:
- in relation to the purposes of the processing specified in point 3) (i) – for the period of limitation for claims;
- in relation to the purposes of the processing specified in point 3) (ii) – as long as a legal obligation ceases to apply to the Company and for the period of limitation for claims, provided that in the case of archiving clearing documentation until the expiry of the obligation to store accounting documents resulting from the provisions of law;
- in relation to the purpose of the processing indicated in point 3) (iii)-(v) above – for the periods of implementation of legitimate interests;
- in relation to the purpose of processing indicated in point 3) (vi) above – until the withdrawal of consent to the processing.
- You have the right to access the content of your data and the right to rectify, erase, restrict the processing, the right to object to the processing to the extent that the basis for the processing is a legitimate interest, the right to data portability and the right to withdraw consent at any time without affecting the lawfulness of processing based on consent before its withdrawal (if the basis for the processing is a given consent).
You also have the right to lodge a complaint with a supervisory authority, i.e. the President of the Office for the Protection of Personal Data (Prezes Urzędu Ochrony Danych Osobowych), if you consider that the processing of personal data breaches applicable law.
- In the case of entering into a contract or initiating the cooperation directly between you and the Company, provision of your personal data is voluntary, but necessary to enter into and perform the contract, support the cooperation and use the services of the Company, therefore failure to provide such data will result in the inability to perform the contract by the Company, its related obligations and other services. In the case you do not enter into a contract and you do not directly use the services of the Company (e.g. acting as an employee of the Company’s customer), provision of personal data may be your official duty and result from the legitimate interest of the Company. Provision of personal data, which the Company process on the basis of a consent is voluntary.
- Your personal data will not be processed by automated means, including in the form of profiling, so that as a result of such automated processing, any decisions could be made, other legal effects may be caused or in any other way it would have a significant impact on you.