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FEGIME ETIM-TOOL: Terms and Conditions of usage

Information Clause

In the performance of obligations under Articles 13 and 14 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27.04.2016 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) (Official Journal of the European Union L 119.1) – hereinafter referred to as "GDPR", the Parties would like to inform you that:

  1. MEDIALAB s. c. Bożena Rożenek, Zbigniew Rożenek (NIP: 729-19-46-279, REGON: 472466660) based in Łódź (hereinafter referred to as MediaLab) is indicated as the controller of personal data in relation to the person/persons indicated by the Fegime as competent to conclude and perform the Agreement, including for the purpose of contact.
  2. FEGIME GmbH, seated in Nürnberg, VAT-ID: DE811272823 (hereinafter referred to as Fegime) is the controller of personal data in relation to the person/persons indicated by MediaLab as competent to conclude and perform the Agreement, including for the purpose of contact.
  3. Personal data of persons referred to in points 1 and 2 above are processed on the basis of:
    1. Article 6(1)(f) of the GDPR (processing is necessary for the purposes of the legitimate interests pursued by the controller), i.e. for the purpose related to conclusion and implementation of the Agreement, as well as for the purpose of determining, investigating or defending against possible claims arising from the implementation of the Agreement;
    2. Article 6(1)(c) of the GDPR (processing is necessary for compliance with a legal obligation to which the controller is subject) i.e. in connection with the obligations arising from the provisions of the Accounting Act and tax regulations.
  4. The source of personal data of the persons referred to in points 1 and 2 above shall be, respectively, the Party to the Agreement which indicated the person.
  5. The Parties process the following categories of personal data, i.e. identification data (name, surname, position) and contact data (e-mail address and telephone).
  6. Providing personal data is voluntary, but necessary for the purpose of processing.
  7. Personal data will be processed by the Parties for the duration of the Agreement, and after its termination or expiration - for the period resulting from the applicable legal provisions or provided for in connection with archiving obligations. These periods may be extended if it is necessary to establish, investigate or defend against claims arising from the implementation of the Agreement.
  8. In case of personal data being processed as necessary for the purposes of the legitimate interests pursued by the controller, those data shall be processed for the period necessary to achieve the objectives of data processing indicated above, i.e., until it is fulfilled, or until an objection to such processing is raised, unless there are legitimate grounds for further processing.
  9. The recipients of personal data from MediaLab are authorized employees/co-workers of MediaLab and entities with whom MediaLab has concluded agreements for entrusting the processing of personal data, such as: subcontractors cooperating in the execution of the Agreement (including tax and legal advisors), providers of IT systems and services, and an accounting company. Courier companies and postal operators may also be recipients of the data. In addition, personal data may be disclosed to competent authorities authorized in accordance with applicable law.
  10. The recipients of personal data from the Fegime are authorized employees/co-workers of the Fegime and entities with whom the Fegime has concluded agreements for entrusting the processing of personal data such as: subcontractors cooperating in the performance of the Agreement (including tax and legal advisors), suppliers of IT systems and services, and accounting firm. Courier companies and postal operators may also be recipients of the data. In addition, personal data may be disclosed to competent authorities authorized in accordance with applicable law.
  11. Under the rules set out in the GDPR, the data subject is entitled to following rights:
    1. the right to request from the controller access to and rectification or erasure of personal data;
    2. the right to request from the controller restriction of processing concerning the data subject;
    3. the right to data portability.
    Moreover, the data subject has also the right to object to the processing of his or her personal data based on the basis indicated in point 3 sub point a above, on grounds related to the particular situation.
    The indicated rights can be exercised through the contact referred to in points 15 and 16 respectively.
  12. Notwithstanding the above, data subjects have also the right to lodge a complaint with the relevant data protection authority, when they consider that the processing of personal data concerning them, violates the provisions of the GDPR.
  13. The data subjects are not subject to automated decision making, including profiling.
  14. Personal data are not being transferred to third country or international organization. However, if such transfer proves to be necessary for the implementation of the Agreement, it may take place only subject to the relevant requirements and safeguards indicated in the GDPR.
  15. You can contact the person responsible for handling personal data on behalf of MediaLab by e-mail: zbyszek@medialab.pl or via post office to the address: Medialab, ul. Beskidzka 25, 91-612 Łódź, Poland.
  16. You can contact the person responsible for handling personal data on behalf of FEGIME by e-mail j.iglesias@fegime.com or via post office to the address: Gutenstetter Straße 8e, 90449 Nürnberg, GERMANY.

Data ownership, image usage rights, service hosting and data storage

  1. The non-personal data entered by users in the Branded Service remains the exclusive property of FEGIME.
  2. FEGIME has the non-exclusive, temporally, geographically and in content unlimited right to use and exploit images provided via the Branded Service for the purpose of distribution both in intra-corporate IT systems and in public comprehensively, also and in particular with the objective of commercial marketing. The granting of the rights explicitly comprises all known and unknown forms of supply opportunities, also on the Internet, in particular the opportunity of integration in chargeable online services, websites as well within the framework of print products.
    Moreover FEGIME has the temporarily and geographically unlimited right to assign images provided via the Branded Service to systems of third parties (e.g. eProcurement platforms) for the purpose of product presentation, to publicly reproduce the Works by means of image and/or sound carriers and to process them in such a manner that they may be adjusted in format and resolution.
  3. The data entered by users into the branded service cannot be used, modified or shared with third parties by Medialab, with the exception of parties designated by FEGIME or with the authorization of FEGIME.
  4. The hosting of the service and the storage of data are done on the servers of the company OVH, under contract No PL2990331.
  5. In case of operator change, Fegime will be informed about it by e-mail and inform its partners.

Contact

FEGIME GmbH
Juan Carlos Iglesias
+34 915 417 082
+34 604 312 542
j.iglesias@fegime.com