I. Introduction
Hallam (Hallam Sp. zo. o., “we,” “our” or “us”) is committed to ensure compliance with applicable data protection laws and regulations. This Privacy Policy (“Policy”) is based on the principles and requirements of the European Union’s General Data Protection Regulation (“GDPR”). By means of this Policy we would like to inform you about how and why we collect, process and use personal data, and about your rights as a data subject with regard to the processing of your personal data.
II. Scope and Supplement
This Policy applies to Hallam and any affiliated branches, offices and business units. Hallam is the “Controller” for the processing of personal data. This Policy covers all forms of processing of personal data. It describes how Hallam collects, processes, uses, and shares personal data obtained directly from the user, customer, supplier, business partner (or other), or obtained indirectly from other sources. It applies to the processing of personal data obtained through any channel of communication or by any means – including, but not limited to, emails, file transfers, feeding personal data into applications and tools, websites or mobile apps, social media pages and platforms. It shall apply to products, services, and applications that fall under this Privacy.
This Policy may be supplemented by specific data protection and privacy notices and statements that relate to specific forms or purposes of data processing, e.g. Cookies, Anonymized Data (non-personal data), e.g. for statistical evaluations or studies, are not subject to this Policy.
III. Application of National Laws
While the GDPR is applicable throughout the European Union (“EU”) and the European Economic Area (“EEA”), there may be laws and regulations in some countries which specify further data protection requirements, in particular conditions for lawful data processing. If so, it has to be verified on a case-to-case basis whether this Policy can prevail over such laws.
IV. Glossary and definitions
A glossary of specified privacy terms and definitions is attached at the end of this Policy.
V. Personal Data we process, Purposes and Legal Basis
This section of our Policy describes what personal data we collect and process and for what purposes and on what legal basis. The amount of personal data we process depends on the context and circumstances of your interaction with us.
1. Handling orders and fulfilling contractual obligations
When you place orders to purchase goods or services from us, or if you request information about products and services prior to placing an order, or if you request support regarding the product or service you have ordered, we will process personal data that is necessary to inform you about products or services, to negotiate and execute a contract and to fulfill any contractual obligations, and to exercise our rights under the contract. This also includes advisory services under the contract if this is related to the contractual purpose. Prior to the conclusion of a contract, personal data can be processed to prepare bids or tenders or to fulfill other requests of the prospect that relate to the contract conclusion.
For this purpose, we process personal details (including name, title, email, telephone, postal address, shipping and billing address), order and customer information (including goods and services ordered and provided, instructions regarding the order, customer activities and interests and order history), financial information (including invoice data, preferred payment options, terms of payment, bank account and credit card information).
As far as you are a business partner or independent representative of Hallam we will process your personal data to create your business account and allow you to use our sales and distribution network and to sell goods or services to individuals (end users), and for delivering goods and services you have requested. We may also use your personal data to contact you and advise you in the context of our business relation with you.
The legal basis for processing such personal data for the purpose of handling orders and fulfilling contractual obligations and exercising contractual rights is Article 6 (1) b) GDPR (contractual necessity). The legal basis for processing personal data for the purposes of understanding customer or business partner activities and interests and to analyse customer or business partner activities including the order history is Article 6 (1) f) GDPR (legitimate interests). The legal basis for processing and keeping personal data for the purpose of complying with record-keeping obligations (including commercial accounting standards and tax and fiscal retention obligations) is Article 6 (1) c) GDPR (legal obligation).
2. Browsing or registering on our websites
When you browse our websites, we may use Cookies and other tracking technologies to capture and understand how you use our websites.
Not all of our websites will employ Cookies and tracking technology that collect personal data. Depending on the Cookies and tracking technologies in use, we collect information about your online browsing behaviour on our websites, social media page or platform, including the full Uniform Resource Locators (URL) clickstream to, through and from our websites (including date and time), and information on how you react to adverts and offers (products and/or content you viewed or searched for, page response times, errors, length of visits to certain pages, page interaction). We may also collect information about the device you have used to access our websites, social media pages or platforms, (including device model and operating system, browser type, IP-address, mobile device identifiers and the geographic location from where you access our websites).
Specific information regarding the Cookies and tracking technology in use on our respective websites and platforms is being provided in our Cookie Policy. This includes information on how to disable Cookies in your browser and how to prevent tracking of your browsing behaviour.
When you register on one of our websites, we will additionally process personal details (including name, title, email, telephone), and account details (including username, password, login/logoff data, email address), except where registration under an alias or pseudonym is permitted.
The legal basis for processing information about online browsing behaviour, if it contains personal data, is Article 6 (1) a) GDPR (consent), if we ask you to provide consent and to agree to the processing of your personal data. Specific other provisions in laws relating to data processing in an online context may require your consent as well. Under some circumstances (e.g. when we process a limited amount of personal data which, by type and nature, does not significantly affect your rights and freedom), the legal basis for processing your personal data in the context of your browsing or registering on our websites is Article 6 (1) f) GDPR (legitimate interests).
3. Communication, marketing, taking part in promotions, events and feedback
When you contact us for any sort of inquiry or request, we will process your personal details (including name, title, email address, telephone, other contact information), as far as this is necessary to deal with – and to respond to – your inquiry or request.
When you have purchased goods or services from us, or if you have indicated to us that you are interested in certain goods or services, we may process your personal details (including name, title, email address, telephone, other contact information) to contact you and to send you information about our or our business partners’ goods and services, new developments, special offers and opportunities.
When you take part in promotions or events hosted or sponsored by us, we will process your personal details (including name, title, email address, telephone, and other contact information) to manage your participation in the promotion or event, to provide you with information about our or our business partners’ goods and services, new developments, special offers and opportunities. We will also process your personal details to ask for your feedback regarding the promotion or event, your satisfaction with our or our business partners’ goods or services and performance. We may also ask you for contributions to improve and enhance our goods and services and our collaboration(s) with our business partners.
The legal basis for processing personal data for the purpose of communicating with you and to respond to any sort of inquiry or request is Article 6 (1) b) GDPR (contractual necessity), as far as it occurs in the context of preparing or facilitating the conclusion of a contract or to answer to inquiries and requests in connection with a contract. As far as personal data is processed for communicating with you on other matters the legal basis is Article 6 (1) f) GDPR (legitimate interests).
When we process personal data to contact you and to send you information about our or our business partners’ goods and services, new technological developments, special offers and business opportunities the legal basis is Article 6 (1) a) GDPR (consent) if we ask you to provide consent and to agree to the processing of your personal data for that purpose. Under some circumstances (e.g. when we process a limited amount of personal data which, by type and nature, does not significantly affect your rights and freedom), the legal basis for processing your personal data to contact you and to send you information about our or our business partners’ goods and services, new technological developments, special offers and business opportunities is Article 6 (1) f) GDPR (legitimate interests).
When we process personal data to manage your participation in a promotion or event, or to provide you with information about our or our business partners’ goods and services, new technological developments, special offers and business opportunities, or to ask for your feedback or for contributions, the legal basis is Article 6 (1) a) GDPR (consent) if we ask you to provide consent and to agree to the processing of your personal data for that purpose. Under some circumstances (e.g. when we process a limited amount of personal data which, by type and nature, does not significantly affect your rights and freedom), the legal basis for processing your personal data is Article 6 (1) f) GDPR (legitimate interests).
4. Legal obligations and compliance
Some laws and regulations may require the collection and processing of personal data (e.g. tax laws, commercial laws, trade and export compliance regulations, customs codes, anti-money-laundering laws, other compliance obligations). Where such legal obligations are based on EU or EU Member State laws and regulations, the legal basis for processing personal data is Article 6 (1) c) GDPR. Where such legal obligations are based on laws and regulations of third countries (non-EU), compliance with these legal obligations may represent a legitimate interest. If so, the legal basis for processing personal data is Article 6 (1) f) GDPR. The latter applies also to the processing of personal data for the purpose of ensuring compliance with our policies, codes of conduct and regulations.
5. Recruitment and application
When we recruit people, we will process the personal data that you provide as part of your application. Data processing for the purpose of recruitment and carrying out the application process will generally comprise personal details (including name, title, email, telephone, postal address) and CV and qualification data (including graduation, university degree, training certificates, advanced education certificates, credentials, and skills). After completion of an application process we may continue to process (store) personal data of applicants for a certain period of time where necessary to ensure we are able to exercise rights or defend against claims in the context of the recruitment process.
The legal basis for processing personal data for the purpose of recruitment and handling applications is Article 6 (1) b) GDPR (contractual necessity), as far as the processing is necessary to review and assess the applications and to select applicants and execute an employment contract, and to exercise rights or defend against claims in the context of the applications process.
VI. Personal Data of Children
Hallam’s operations are focused on adult customers and business partners. Therefore, we do not intentionally solicit personal data from children nor send them requests for personal data. While users of all ages may navigate through our websites, they are not targeting children. If we notice, following a notification by a parent or guardian, or after discovery by other means, that a child under 16 years of age has been inappropriately registered on one of our websites, social media pages or platforms, we will cancel the account and registration and delete the child’s personal data from our records.
VII. Sharing Personal Data with Third Parties and Service Providers
We may employ other companies and individuals to perform functions and tasks on our behalf (e.g. logistics, delivering packages, sending postal mail, providing marketing assistance, processing payments, scoring credit risk, and providing professional advice). These service providers/vendors may use your personal data as far as necessary to perform their functions and tasks. They may not use your personal data for other purposes, and they must process the personal data in accordance with our privacy instructions and as permitted by applicable data protection laws.
Not all processing of your personal data will be carried out by Hallam itself. Sometimes we will make use of service providers and vendors (“processors”) who will process personal data for us, on our behalf and under our instructions. Such processors can be other companies or affiliates of Hallam. Any such outsourcing of data processing will follow a service provider’s/vendor’s due diligence and monitoring protocol and will be governed by a Data Processing Agreement.
As far as we use service providers and vendors as processors to process personal data on our behalf, your personal data may be shared with the following categories of recipients:
IT service providers, application service providers, Internet service providers, platform and website host service providers, data disposal companies, marketing agencies, market research agencies, advertising partners, order and account management service providers, payment service providers, logistics service providers, and customer care service providers.
Apart from sharing personal data with service providers and vendors it may be necessary to share your personal information with third parties, because there is a legal obligation to do so, or because there is a legitimate interest to ensure compliance with policies and regulations, or to facilitate business cooperation and collaboration. In such cases your personal data may be shared with the following categories of recipients:
Public authorities and administrative bodies, law enforcement and fraud prevention agencies, courts, lawyers, tax accountants, accounting and auditing firms, credit reference agencies, payment card and insurance providers, manufacturers, resellers, and retailers.
If we sell or buy any business or assets or transfer an area of our business to a new owner, we will disclose your personal data to the prospective seller or buyer of such business or assets or any third party who acquires our assets or who the business is transferred to.
We may also share information with affiliated or unaffiliated third parties on an anonymous, aggregate basis. While this information will not identify you personally and insofar does not contain personal data, in some instances these third parties may be able to combine this aggregate information with other data they have about you, or that they have collected from you or received from third parties, in a manner that allows them to identify you personally. Where we do share such data with third parties, we take steps to ensure that they use appropriate safeguards to protect your data.
VIII. Storing periods for Personal Data
Generally, we keep personal data for no longer than is necessary for pursuing or achieving the purposes for which the personal data is processed. However, in most circumstances, personal data is processed for more than one purpose (e.g. if the data processing takes place in the context of a purchase, we process personal data for the purpose of handing and fulfilling your order, delivering the goods or services, invoicing and payment, and providing customer care afterwards). Yet, as a corporation we are also subject to record-keeping obligations and have to comply with tax laws and commercial laws that require much longer retention of certain documents and files that may contain personal data.
If we process personal data for the purpose of handling orders and fulfilling contractual obligations, we will keep your personal data for as long as you have a customer or business relation with us. Personal data that is included in documents or files that are subject to tax laws will be kept for 10 years (unless statutory provisions or pending lawsuits or tax proceedings require longer retention), personal data that is included in documents or files that are subject to commercial laws will be kept for 6 years (unless statutory provisions or pending lawsuits require longer retention).
If we process personal data for the purpose of understanding your online browsing behaviour, we will keep personal data only for as long as necessary to create user statistics and analytics reports that use aggregate data (non-personal data). Specific information as to how long such personal data will be kept is being provided in our Cookie Policy.
If we process personal data for the purpose of communication, marketing, promotion, event and feedback purposes, we will keep the data for as long as we need the data to communicate with you, or for as long as we have a legitimate interest to provide you with business, product and service information, or marketing, event and promotion materials, except where you have objected to the processing of your personal data for such purposes.
If we process personal data for the purpose of compliance with laws and regulations that impose legal obligations on Hallam, we keep personal data for as long as such laws and regulations require.
IX. Transfers of Personal Data to Third Countries
It may sometimes be necessary to transfer personal data to recipients in other countries. This may be the case as far as certain information that may contain personal data needs to be shared with our affiliates and group companies, or in the context of international cooperation and collaboration with our business partners, or when orders are handled, managed and shipped internationally. If and as far as we make use of the services of processors, we may also transfer your personal data to processors located in other countries.
As far as such data transfers involve recipients in countries outside the EU or the EEA (European Economic Area, or “Third Countries”), we will ensure that the transfers will be made in compliance with the data protection provisions that restrict the transfer of personal data outside the EU or the EEA, and which require that appropriate safeguards are implemented to ensure an adequate level of data protection.
Such safeguards include so-called adequacy decisions by which the European Union has deemed the country in which the recipient is located to have adequate data protection laws in place, or the execution of EU Standard Contractual Clauses (also known as EU Model Clauses) with the recipient, or the implementation of Binding Corporate Rules (“BCRs”) by the recipient, or if the recipient has an active EU-U.S. Privacy Shield certification.
X. Security of Personal Data
We have implemented technical and organisational security measures to protect personal data we process against accidental or unlawful manipulation, destruction or loss, alteration, and against unauthorised disclosure or access by third parties. Such security measures include authentication tools, firewalls, monitoring of IT systems and networks, pseudonymisation and encryption of personal data.
We use best industry practices to ensure that when sensitive personal data (such as a credit card number) is transmitted, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.
The technical and organisational security measures are reviewed and adjusted on a regular basis, taking into account the state of the art of technology, the nature, scope, context and purposes of processing and the risks and probability of occurrence. However, given the dynamic nature and context of security measures, state of the art of technology, vulnerabilities, threats and risks, an absolute security cannot be guaranteed.
XI. Marketing Preferences
As outlined in Section V. 3. of this Policy, we may have a legitimate interest to process your personal details (including name, title, company or organisation you work for, email, telephone, other contact information) to manage your participation in a promotion or event, or to provide you with information about our or our business partners’ goods and services, new technological developments, special offers and business opportunities. For these purposes, we may use your personal details (in accordance with any preferences, if expressed) to send you product and service information and marketing messages by email, post, phone and social media, unless you have asked us not to.
Unless consent is required as a legal basis, which would also require an opt-in, you will always have the opportunity to opt out of receiving product and service information and marketing messages by simply ticking a box or clicking on a button or link, or by changing your preferences in your account settings, as applicable.
You can of course instruct us in the same way to stop sending you product and service information and marketing messages at any time afterwards.
If you instruct us to stop sending you product and service information and marketing messages, it might take some time for all our systems and applications to be updated, so you might still get messages from us while we fully process your instruction.
Please note that instructing us to stop sending marketing messages will not stop our other communication with you, such as order confirmations, order updates, shipping notices or payment requests.
XII. Your Rights over your Personal Data
Under GDPR you have many rights over your personal data and how it is used. These rights are summarized below. In order to assert any of these rights, you may contact Hallam at any time.
1. Right to access your Personal Data
You have the right to request a confirmation as to whether or not we process personal data concerning you.
If we process personal data about you, you have the right to request access to the personal data and to obtain further information regarding the purpose of the processing; the categories of personal data concerned; which recipients have received the personal data, including recipients in Third Countries; any available information on what the source of the data was (if you did not provide it directly to us); the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period. You may also request a copy of the personal data undergoing processing.
2. Right to rectify your Personal Data
You have a right to rectify (correct) the records of your personal data processed by us if it is inaccurate or incorrect.
3. Right to erase your Personal Data
You have the right to request erasure (deletion) of your personal data. However, there may be reasons and legal grounds for keeping your personal data despite your request, e.g. if you still have a business or customer relation with us and we need the data to fulfill orders or other contractual obligations, or if record-keeping obligations prevent the erasure, or when we handle an ongoing complaint or legal dispute. If we need to continue to process your personal data, we will tell you why we need to do this when we respond to your request.
4. Right to object to the processing of your Personal Data
You have the right to object to the processing of your personal data on grounds relating to your particular situation and circumstances. However, there may be reasons and legal grounds for processing your personal data despite your objection. If we refuse your request, we will provide you with information explaining why we have refused your request.
As far as we use your personal data for direct marketing purposes, you have the right to object at any time. This includes any profiling of your personal data that is related to direct marketing.
5. Right to restrict the processing of your Personal Data
You have the right to restrict the processing of your personal data. This means that under certain conditions you can limit the way we process and use your personal data. The right to restrict the processing may in particular be exercised if you have issues with the content of the personal data we hold or how it is processed (e.g. if you contest for the accuracy of the personal data we hold and we are verifying the accuracy of the data, the processing may be restricted for the time of verification).
6. Right to withdraw consent to process your Personal Data
Where consent is the legal basis for the processing of your personal data, you have the right to withdraw your consent at any time. However, withdrawal of consent typically takes effect for the future only. Any past processing of personal data that was legitimately based on consent may be subject to other provisions or obligations that require and legitimise further processing of the personal data.
7. Right to portability of your Personal Data
You have the right to request us to move, transfer or copy personal data you have provided to us so that you can use the personal data in a different service or with a different provider. You can request to receive a copy of the personal data in a commonly used and machine-readable format, so you can store it for further personal use. You can also request that we transmit it directly to another organisation.
However, the right to data portability may be subject to limitations due to the technical feasibility of a transmission. The right to data portability does not create an obligation for us to adopt or maintain processing systems which are technically compatible with those of other organisations.
8. Right to lodge a complaint with the Data Protection Authority
You have the right to lodge a complaint with the relevant Data Protection Authority if you believe that we have not handled your personal data correctly and lawfully or if you believe that we have not dealt appropriately with your requests.
The relevant Data Protection Authority where the complaint should be made is one that is competent for the place of your habitual residence or place of work, or one that has jurisdiction over the place where the alleged infringement has occurred. When you have lodged a complaint, the Data Protection Authority will inform you of the progress and outcome of the complaint.
Office of the President for Personal Data Protection:
Urzad Ochrony Danych Osobowych
Stawki 2
00-193 Warsaw, Poland
Tel. 22 531 03 00
Fax. 22 531 03 01
Email: [email protected]
Infoline (in Polish only): tel. +48 606-950-000 is open from Monday to Friday from 10 am to 1 pm.
The Office of the President is open from Monday to Friday from 8 am to 4 pm.
XIII. How to contact us on Data Protection
If you have any questions or concerns about this Policy or about the protection of your personal data, please feel free to fill up the contact form found in the Contact Us page and one of our staff will contact or reply to your inquiry as soon as possible to address your concern.
XIV. Data Controller and Responsibility
Unless indicated otherwise, Hallam Sp. zo. o., Ul. Hrubieszowska 2, 01-209 Warszawa, Poland is the controller of your personal data. It determines the purposes and means for processing your personal data and is responsible for compliance with applicable data protection laws and regulations and the requirements of this Policy.
XV. Amendments to this Policy
We reserve the right to amend this Policy at any time. We encourage you to periodically review this Policy for updates and the latest information on our privacy practices.
Policy Revision History:
Effective as of August 2019
Appendix: Glossary and Definitions
Accountability Principle means that controllers will be responsible for and be able to demonstrate compliance with the GDPR, which requires the controller to implement appropriate technical and organisational measures to ensure and be able to demonstrate that data processing is performed in accordance with the GDPR, and review and update those measures where necessary.
Controller means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
Data Processing Agreement means an agreement that forms part of the master agreement between a controller and a processor to reflect the parties’ agreement with regard to the processing of personal data, in accordance with the requirements of Data Protection Laws.
Data Protection Impact Assessment means the process to assess the particular likelihood and severity of the high risk to the rights and freedom of data subjects, taking into account the nature, scope, context and purposes of the processing and the sources of the risk; an impact assessment should, in particular, include the measures, safeguards and mechanisms envisaged for mitigating that risk, ensuring the protection of personal data and demonstrating compliance with the GDPR.
Data subject means an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
GDPR means the General Data Protection Regulation, being 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.
International organisation means an organisation and its subordinate bodies governed by public international law, or any other body which is set up by, or on the basis of, an agreement between two or more countries.
Personal data means any information relating to (i) an identified or identifiable natural person and (ii) an identified or identifiable legal entity (where such information is protected similarly as personal data or personally identifiable information under applicable Data Protection Laws and Regulations).
Personal data breach means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of or access to personal data transmitted, stored or otherwise processed.
Processing means any operation or set of operations which is performed on personal data or on sets of personal data (whether or not by automated means), such as the collection, recording, organising, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
Processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.
Profiling means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
Pseudonymisation means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.
Recipient means a natural or legal person, public authority, agency or another body, to which the personal data is disclosed (whether they are a third party or not). However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of said personal data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.
Special Categories of Personal Data means personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation.
Third party means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.