Data management notice

DATA MANAGEMENT NOTICE

ON THE RIGHTS OF THE NATURAL PERSONS CONCERNED 

REGARDING THE HANDLING OF YOUR PERSONAL DATA

TABLE OF CONTENTS

INTRODUCTION

CHAPTER I – NAME OF THE DATA PROCESSOR

II. CHAPTER – NAME OF DATA PROCESSORS 

1. Our company’s IT service provider

2. Postal services, delivery, parcel delivery 

III. CHAPTER – ENSURING THE LEGALITY OF DATA MANAGEMENT

4. Data management based on the consent of the data subject 

5. Data management based on the fulfillment of a legal obligation 

6. Promoting the rights of the data subject

ARC. CHAPTER – VISITORS’ DATA MANAGEMENT ON THE COMPANY’S WEBSITE – INFORMATION ON THE USE OF COOKIES

CHAPTER V – INFORMATION ON THE RIGHTS OF THE PERSON CONCERNED

INTRODUCTION

REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the protection of natural persons with regard to the processing of personal data and on the free flow of such data, as well as on the repeal of Regulation 95/46/EC (hereinafter: the Regulation), stipulates, that the Data Controller takes appropriate measures to ensure that all information regarding the processing of personal data for the data subject is concise, transparent, understandable and easily accessible form, in a clear and understandable way, and that the Data Controller facilitates the exercise of the rights of the data subject.  

CXII of 2011. is also required by law.

We comply with this legal obligation by providing the information below.

The information must be published on the company’s website or sent to the person concerned upon request. 

CHAPTER I

NAME OF DATA PROCESSOR

The publisher of this information, also the Data Controller: 

II. CHAPTER

NAME OF DATA PROCESSORS 

Data processor: the natural or legal person, public authority, agency or any other body that processes personal data on behalf of the data controller; (Article 4, 8 of the Regulation)

The use of the data processor does not require the prior consent of the data subject, but information is required. Accordingly, we provide the following information:

1. Our company’s IT service provider

For the maintenance and management of its website, our company uses a data processor who provides IT services (hosting services) and within this framework – for the duration of our contract with him – manages the personal data provided on the website, the operation performed by him is the storage of personal data on the server. 

The name of this data processor is as follows:

Company name: RackForest KFT.

Headquarters: 1132 Budapest, Victor Hugo utca 11. 5th em. B05001.

Company registration number: 0109914549

Tax number: 14671858241

Representative: Customer Service 

Phone number: +36 70 881 4184 

Fax: –

E-mail address: [email protected] 

Website: www.rackforest.com 

2. Postal services, delivery, parcel delivery 

These data processors receive from our Company the personal data necessary for the delivery of the ordered product (name, address, telephone number of the person concerned), and use this to deliver the product.

These service providers:

Name of data controller: DPD Hungária Kft. (hereinafter: DPD Company or data controller) 

Company registration number of data controller: Cg.01-09-888141 

Tax number of data controller: 13034283-2-41. 

Data controller registered office: 1134 Budapest, Váci út 33. 2. em. 

E-mail address of data controller: [email protected] 

Data controller representative: Czifrik Szabolcs (executive director) 

Data Protection Officer: Dr. Gergő Soltész 

Contact information of the data protection officer: [email protected]

or: 

Name of data controller: Express One Hungary Kft.

Headquarters: 1239 Budapest Európa utca 12.

Company registration number: 01-09-980899

Tax number: 13947109-2-43

Website: www.expressone.hu

email: [email protected]

fax number: +36 1 8 777 499

Postal address: 1239 Budapest, Európa utca 12

Social tax number: HU13947109

or: 

Magyar Posta Zrt. (Head office: 1138 Budapest, Dunavirág utca 2-6., Cg. 01-10-042463, tax number: 10901232-2-44, mailing address: 1540 Budapest, website: www.posta.hu) is the data controller.

Contact details:

by letter to: Customer Service Directorate: 3512 Miskolc,

by fax: 06-46-320-136,

by e-mail: at the e-mail address [email protected],

by phone: 06-1-767-8282,

in person: Magyar Posta Zrt., Budapest District X, Üllői út 114-116. and Magyar Posta Zrt. at permanent post offices in operation

data protection officer: [email protected]

The data management information is available online on the www.posta.hu website under the menu item Data management information.

OTP Simple Pay provides bank card payment on the site

I acknowledge that the following personal data stored by the Data Controller in its user database on www.blockchainbloom.com will be transferred to OTP Mobil Kft. as a data processor. The range of data transmitted by the data controller is as follows: name, e-mail address, telephone number, billing address and delivery address. The nature and purpose of the data processing activity carried out by the data processor can be found in the SimplePay Data Management Information Sheet at the following link: http://simplepay.hu/vasarlo-aff

III. CHAPTER

ENSURING THE LEGALITY OF DATA MANAGEMENT

1. Data management based on the data subject’s consent 

(1) If the Company wishes to perform consent-based data management, the data subject’s consent to the processing of his personal data must be requested with the content and information of the data request form specified in the data management regulations. 

(2) Consent is also considered if the data subject ticks a relevant box when viewing the Company’s website, makes relevant technical settings when using services related to the information society, as well as any other statement or action that, in the given context clearly indicates the data subject’s consent to the planned processing of their personal data. Silence, a pre-ticked box or inaction therefore does not constitute consent.  

(3) Consent covers all data management activities carried out for the same purpose or purposes. If the data management serves several purposes at the same time, then consent must be given for all data management purposes. 

(4) If the data subject gives his consent in the context of a written statement that also applies to other matters – e.g. the conclusion of a sales or service contract – the request for consent must be submitted in a way that is clearly distinguishable from these other matters, in an understandable and easily accessible form, clear and with simple language. Any part of such a statement containing the consent of the data subject that violates the Regulation is not binding.

(5) The Company may not make the conclusion or performance of a contract subject to consent to the processing of personal data that is not necessary for the performance of the contract.

(6) Withdrawal of consent must be possible in the same simple way as giving it. 

(7) If the personal data was collected with the consent of the data subject, the data controller may, unless otherwise provided by law, process the collected data for the purpose of fulfilling the relevant legal obligation without further separate consent, and also after withdrawing the consent of the data subject.

2. Data management based on the fulfillment of a legal obligation 

(1) In the case of data management based on legal obligations, the scope of data that can be handled, the purpose of data management, the duration of data storage, and the recipients are governed by the provisions of the underlying legislation. 

(2) Data management based on the legal title of fulfilling a legal obligation is independent of the consent of the data subject, as data management is defined by law. In this case, before data processing begins, the data subject must be informed that data processing is mandatory, and the data subject must be informed clearly and in detail about all the facts related to the processing of his/her data, in particular the purpose and legal basis of data processing, the person authorized for data processing and data processing, on the duration of the data management, on whether the personal data of the data subject is managed by the data controller based on the relevant legal obligation, and on who can see the data. The information must also cover the data subject’s rights and legal remedies. In the case of mandatory data management, the information can also be provided by publishing a reference to the legal provisions containing the above information.

3. Promoting the rights of the data subject

During all data management, the Company is obliged to ensure the exercise of the rights of the data subject.

ARC. CHAPTER

VISITORS’ DATA MANAGEMENT ON THE COMPANY’S WEBSITE – INFORMATION ON THE USE OF COOKIES

1. The website visitor must be informed about the use of cookies on the website, and their consent must be requested for this – with the exception of session cookies that are technically absolutely necessary. 

2. General information about cookies 

2.1. A cookie is data that the visited website sends to the visitor’s browser (in the form of a variable name and value) so that it can store it and later the same website can load its content. Cookies can be valid, they can be valid until the browser is closed, or for an unlimited time.  In the future, the browser also sends this data to the server for every HTTP(S) request. This modifies the data on the user’s machine.

2.2.  The essence of the cookie is that, due to the nature of the website services, it is necessary to mark a user (e.g. that he has entered the page) and to manage accordingly in the following. The danger lies in the fact that the user is not always aware of this and it may be suitable for the user to be followed by the operator of the website or another service provider whose content is integrated into the page (e.g. Facebook, Google Analytics), thereby creating a profile about him, and in this case the content of the cookie can be considered personal data.

2.3.  Types of cookies: 

2.3.1. Session cookies are technically absolutely necessary: ​​without them, the site would simply not work functionally, they are used to identify the user, e.g. necessary to manage whether you entered, what you put in the basket, etc. This is typically the storage of a session ID, the rest of the data is stored on the server, which is therefore more secure. There is a security aspect, if the value of the session cookie is not generated well, there is a risk of a session-hijacking attack, so it is absolutely necessary that these values ​​are generated correctly. Other terminologies call all cookies that are deleted when you exit the browser a session cookie (a session is a browser usage from start to exit).

2.3.2. Usage-facilitating cookies: this is what you call cookies that remember the user’s choices, for example in what form the user wants to see the page. These types of cookies essentially mean the setting data stored in the cookie. 

2.3.3. Performance cookies: although they have little to do with “performance”, cookies that collect information about the user’s behavior, time spent, and clicks on the visited website are usually called this. These are typically third-party applications (e.g. Google Analytics, AdWords, or Yandex.ru cookies). These are suitable for profiling the visitor.

You can find out more about Google Analytics cookies here:

https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage

You can find out more about Google AdWords cookies here:

https://support.google.com/adwords/answer/2407785?hl=hu

2.4. Accepting and authorizing the use of cookies is not mandatory.  You can reset your browser settings to reject all cookies or to notify you when a cookie is currently being sent.  Although most browsers automatically accept cookies by default, they can usually be changed to prevent automatic acceptance and offer a choice each time.

You can find information about the cookie settings of the most popular browsers at the links below

• Google Chrome: https://support.google.com/accounts/answer/61416?hl=hu

• Firefox: https://support.mozilla.org/hu/kb/sutik-engedelyezese-es-tiltasa-amit-weboldak-haszn

• Microsoft Internet Explorer 11: http://windows.microsoft.com/hu-hu/internet-explorer/delete-manage-cookies#ie=ie-11

• Microsoft Internet Explorer 10: http://windows.microsoft.com/hu-hu/internet-explorer/delete-manage-cookies#ie=ie-10-win-7

• Microsoft Internet Explorer 9: http://windows.microsoft.com/hu-hu/internet-explorer/delete-manage-cookies#ie=ie-9

• Microsoft Internet Explorer 8: http://windows.microsoft.com/hu-hu/internet-explorer/delete-manage-cookies#ie=ie-8

• Microsoft Edge: http://windows.microsoft.com/hu-hu/windows-10/edge-privacy-faq

• Safari: https://support.apple.com/hu-hu/HT201265

However, we would like to point out that certain website functions or services may not work properly without cookies. 

3. Information about the cookies used on the Company’s website and the data generated during the visit

3.1. The scope of data managed during the visit: During the use of the website, our company’s website can record and manage the following data about the visitor and the device used for browsing:

• the IP address used by the visitor,

• the type of browser,

• characteristics of the operating system of the device used for browsing (set language),

• date of visit,

• the visited (sub)page, function or service.

• click. 

We keep this data for a maximum of 90 days and can primarily be used to investigate security incidents.

3.2. Cookies used on the website

3.2.1. Session cookies are technically essential

The purpose of data management is to ensure the proper functioning of the website. These cookies are necessary so that visitors can browse the website, use its functions smoothly and fully, the services available through the website, so – among others – in particular, the commenting of the actions performed by the visitor on the given pages or the identification of the logged-in user during a visit. The duration of the data management of these cookies applies only to the visitor’s current visit, this type of cookie is automatically deleted from the computer when the session ends or when the browser is closed.

The legal basis for this data management is Act CVIII of 2001 on certain issues of electronic commercial services and information society services. Act (Elkertv.) 13/A. § (3), according to which the service provider may process the personal data that is technically absolutely necessary for the provision of the service for the purpose of providing the service. If the other conditions are the same, the service provider must choose and in any case operate the tools used in the provision of services related to the information society in such a way that personal data is only processed if this is absolutely necessary for the provision of the service and the fulfillment of other objectives defined in this law necessary, but also in this case only to the extent and for the necessary time.

3.2.1. Cookies facilitating use:

These remember the user’s choices, for example in what form the user wants to see the page. These types of cookies essentially mean the setting data stored in the cookie. 

The legal basis for data management is the visitor’s consent.

Purpose of data management: Increasing the efficiency of the service, increasing the user experience, making the use of the website more convenient. 

This data is rather on the user’s computer, the website can only access and recognize the visitor through it.  

3.2.2.  Performance cookies: 

They collect information about the user’s behavior within the visited website, time spent, and clicks. These are typically third-party applications (e.g. Google Analytics, AdWords).

Legal basis for data management: consent of the data subject.

Purpose of data management: analysis of the website, sending advertising offers. 

3.2.3. Legal background and legal basis of data management: 

The background of data management is REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL, CXII of 2011 on the right to informational self-determination and freedom of information. Act (Infotv.) and Act XLVIII of 2008 on the basic conditions and certain limitations of economic advertising activities. law (Grt.) means. The legal basis for data management is Infotv. Section 5 (1) point a) and Grt. Your consent in accordance with Section 6 (1)-(2).

The purpose of data management: 

The purpose of data management is to provide you with personalized offers that best suit your needs and preferences. 

Scope of processed data:

During data management, the Data Controller uses cookies to record which products you have previously visited. 

Duration of data management:

Withdraw consent by disabling cookies and browsing history in your browser. 

3.3.1. Data management related to sending newsletters

Legal background and legal basis of data management: 

The background of data management is REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL, CXII of 2011 on the right to informational self-determination and freedom of information. Act (Infotv.) and Act XLVIII of 2008 on the basic conditions and certain limitations of economic advertising activities. law (Grt.) means. The legal basis for data management is Infotv. Section 5 (1) point a) and Grt. Your consent in accordance with Section 6 (1)-(2).

The purpose of data management: 

The purpose of data management is to inform you about the latest and best offers and promotions. We would like to inform you that in the newsletter we place advertisements not only of the Data Controller, but also of other economic companies, but we do not transfer or transmit your personal data to them. 

Scope of processed data:

Data management requires entering a name, e-mail address and telephone number.

Duration of data management:

Withdraw your consent. 

Details of the newsletter service provider: 

Name of the Service Provider: MailerLite Ltd.

The registered office of the Service Provider is: 38 Mount Street Upper Dublin 2 Co. Dublin Ireland D02 PR89

Website of the Service Provider: www.mailerlite.com

The electronic mail address of the Service Provider is: [email protected]

Tax number: IE3748416JA

3.3.2. Data management for direct marketing purposes 

(1) If a separate law does not provide otherwise, advertising by the method of direct solicitation of a natural person as the recipient of the advertisement (direct acquisition of business), especially by means of electronic correspondence or other equivalent means of individual communication – Act XLVIII of 2008. with the exception defined by law – it can only be disclosed if the recipient of the advertisement clearly and specifically consented to it in advance. 

(2) The range of personal data that can be processed by the Company for the purpose of advertising recipient inquiries: name, address, telephone number, e-mail address, online identifier of the natural person. 

(3) The purpose of processing personal data is to carry out direct marketing activities related to the Company’s activities, i.e. the regular or periodic sending of advertising publications, newsletters, current offers in printed (postal) or electronic form (e-mail) to the contact details provided during registration. 

(4) Legal basis for data management: consent of the data subject.

(5) Recipients of personal data and categories of recipients: employees of the Company performing tasks related to customer service, employees of the Company’s IT service provider performing server services as data processors, employees of the Post Office in the case of postal delivery. 

(6) Period of storage of personal data: until withdrawal of consent.

CHAPTER V

INFORMATION ON THE RIGHTS OF THE PERSON CONCERNED

I. The rights of the data subject in brief:

1. Transparent information, communication and facilitating the exercise of the rights of the person concerned  

2. Right to preliminary information – if personal data is collected from the data subject

3. Informing the data subject and the information to be made available to him, if the data controller did not obtain the personal data from him

4. The data subject’s right of access

5. Right to rectification

6. The right to erasure (“the right to be forgotten”)

7. The right to restrict data processing

8. Notification obligation related to the correction or deletion of personal data or the limitation of data management

9. The right to data portability

10. Right to protest

11. Automated decision-making in individual cases, including profiling

12. Limitations

13. Informing the data subject about the data protection incident

14. The right to complain to the supervisory authority (right to an official remedy)

15. Right to an effective judicial remedy against the supervisory authority

16. Right to an effective judicial remedy against the controller or data processor

II. The rights of the data subject in detail: 

1. Transparent information, communication and facilitating the exercise of the rights of the person concerned  

1.1. The data controller must provide the data subject with all information and every piece of information regarding the processing of personal data in a concise, transparent, understandable and easily accessible form, clearly and comprehensibly worded, especially in the case of any information addressed to children. The information must be provided in writing or in another way, including, where applicable, the electronic way. Verbal information can also be provided at the request of the data subject, provided that the identity of the data subject has been verified in another way.

1.2. The data controller must facilitate the exercise of the data subject’s rights. 

1.3. The data controller informs the data subject without undue delay, but in any case within one month of the receipt of the request, of the measures taken as a result of his request to exercise his rights. This deadline can be extended by another two months under the conditions set out in the Regulation. about which the data subject must be informed. 

1.4. If the data controller does not take measures following the data subject’s request, it shall inform the data subject without delay, but at the latest within one month of receipt of the request, of the reasons for the failure to take action, as well as of the fact that the data subject may file a complaint with a supervisory authority and exercise his right to judicial redress.

1.5. The data manager provides the information and information and measures about the rights of the data subject free of charge, however, in the cases described in the Regulation, a fee may be charged. 

The detailed rules can be found under Article 12 of the Regulation.

2. Right to preliminary information – if personal data is collected from the data subject

2.1. The data subject has the right to receive information about the facts and information related to data management before the start of data management.  In this context, the data subject must be informed:

a) the identity and contact details of the data controller and his representative, 

b) the contact details of the data protection officer (if any),  

c) the purpose of the planned processing of personal data and the legal basis of data processing,

d) in the case of data management based on the assertion of a legitimate interest, about the legitimate interests of the data controller or a third party, 

e) about the recipients of the personal data – with whom the personal data is communicated – and the categories of recipients, if any; 

e) where applicable, the fact that the data controller wishes to transfer the personal data to a third country or international organization.

2.2. In order to ensure fair and transparent data management, the data controller must inform the data subject of the following additional information: 

a) on the period of storage of personal data, or if this is not possible, on the criteria for determining this period;

b) the data subject’s right to request from the data controller access to personal data relating to him, their correction, deletion or restriction of processing, and to object to the processing of such personal data, as well as the data subject’s right to data portability;

c) in the case of data processing based on the consent of the data subject, the right to withdraw the consent at any time, which does not affect the legality of the data processing carried out on the basis of the consent before the withdrawal;

d) on the right to submit a complaint to the supervisory authority;

e) whether the provision of personal data is based on legislation or a contractual obligation or is a prerequisite for the conclusion of a contract, as well as whether the data subject is obliged to provide personal data, and what possible consequences the failure to provide data may have;

f) the fact of automated decision-making, including profiling, as well as, at least in these cases, the logic used and understandable information regarding the significance of such data management and the expected consequences for the data subject.

2.3. If the data controller wishes to carry out further data processing on personal data for a purpose other than the purpose of their collection, it must inform the data subject of this different purpose and all relevant additional information before further data processing.

 The detailed rules of the right to prior information are contained in Article 13 of the Regulation. 

3. Informing the data subject and the information to be made available to him, if the data controller did not obtain the personal data from him

3.1. If the data controller did not obtain the personal data from the data subject, the data controller shall notify the data controller within one month at the latest from the date of acquisition of the personal data; if the personal data is used for the purpose of contacting the data subject, at least during the first contact with the data subject; or if it is expected that the data will be communicated to another recipient, at the latest when the personal data is communicated for the first time, you must inform them of the facts and information written in point 2 above, as well as the categories of the personal data concerned, as well as the source of the personal data and, where appropriate, that the data whether they come from publicly available sources. 

3.2. The additional rules are governed by the previous point 2 (Right to prior information). 

The detailed rules of this information are contained in Article 14 of the Regulation. 

4. The data subject’s right of access

4.1. The data subject has the right to receive feedback from the data controller as to whether his personal data is being processed, and if such data processing is in progress, he is entitled to have the personal data and the aforementioned 2-3. get access to the related information written in point (Regulation Article 15). 

4.2. If personal data is transferred to a third country or to an international organization, the data subject is entitled to receive information about the appropriate guarantees in accordance with Article 46 of the Regulation regarding the transfer.

4.3. The data controller must provide the data subject with a copy of the personal data that is the subject of data management. For additional copies requested by the data subject, the data controller may charge a reasonable fee based on administrative costs.  

Detailed rules regarding the data subject’s right of access are contained in Article 15 of the Regulation. 

5. Right to rectification

5.1. The data subject is entitled to have the Data Controller correct inaccurate personal data concerning him without undue delay upon request. 

5.2. Taking into account the purpose of the data management, the data subject is entitled to request the completion of incomplete personal data, including by means of a supplementary statement.

These rules are contained in Article 16 of the Regulation.

6. The right to erasure (“the right to be forgotten”)

6.1. The data subject has the right to have the data controller delete the personal data concerning him/her without undue delay upon request, and the data controller is obliged to delete the personal data concerning the data subject without undue delay if 

a) the personal data are no longer needed for the purpose for which they were collected or otherwise processed; 

b) the data subject withdraws the consent that forms the basis of the data management, and there is no other legal basis for the data management;

c) the data subject objects to the processing of his data and there is no overriding legal reason for the data processing,

d) personal data were handled unlawfully;

e) personal data must be deleted in order to fulfill the legal obligation prescribed by EU or Member State law applicable to the data controller;

f) the collection of personal data took place in connection with the offering of information society-related services offered directly to children.

6.2. The right to deletion cannot be asserted if data management is necessary

a) for the purpose of exercising the right to freedom of expression and information;

b) for the purpose of fulfilling an obligation under EU or member state law applicable to the data controller, or for the purpose of performing a task performed in the public interest or in the context of the exercise of a public authority conferred on the data controller;

c) on the basis of public interest affecting the field of public health;

d) for the purpose of archiving in the public interest, for scientific and historical research purposes or for statistical purposes, if the right to erasure would likely make this data management impossible or seriously jeopardize it; or

e) to present, enforce and defend legal claims.

Detailed rules regarding the right to deletion are contained in Article 17 of the Regulation. 

7. The right to restrict data processing

7.1. In the case of data management restrictions, such personal data may only be processed with the consent of the data subject, with the exception of storage, or to submit, enforce or defend legal claims, or to protect the rights of another natural or legal person, or in the important public interest of the Union or a member state. 

7.2. The data subject has the right to request that the Data Controller restricts data processing if one of the following conditions is met:

a) the data subject disputes the accuracy of the personal data, in which case the limitation applies to the period that allows the Data Controller to check the accuracy of the personal data;

b) the data management is illegal and the data subject opposes the deletion of the data and instead requests the restriction of their use;

c) the Data Controller no longer needs the personal data for the purpose of data management, but the data subject requires them to submit, enforce or defend legal claims; or

d) the data subject objected to data processing; in this case, the restriction applies to the period until it is determined whether the legitimate reasons of the data controller take precedence over the legitimate reasons of the data subject.

7.3. The data subject must be informed in advance of the lifting of the limitation of data management.

The relevant rules are contained in Article 18 of the Regulation.

8. Notification obligation related to the correction or deletion of personal data or the limitation of data management

The data manager informs all recipients of all corrections, deletions or data management restrictions to whom or to whom the personal data was communicated, unless this proves to be impossible or requires a disproportionately large effort. At the request of the data subject, the data controller informs about these recipients.

These rules can be found under Article 19 of the Regulation. 

9. The right to data portability

9.1. Under the conditions set out in the Regulation, the data subject is entitled to receive the personal data relating to him/her provided to a data controller in a segmented, widely used, machine-readable format, and is also entitled to transmit this data to another data controller without being hindered by the the data controller to whom you made the personal data available, if

a) data management is based on consent or contract; and

b) data management takes place in an automated manner.

9.2. The data subject can also request the direct transmission of personal data between data controllers. 

9.3. The exercise of the right to data portability may not violate Article 17 of the Regulation (The right to erasure (“the right to be forgotten”). The right to data portability does not apply in the event that the data processing is in the public interest or is a task carried out in the context of the exercise of public authority delegated to the data controller This right may not adversely affect the rights and freedoms of others.

The detailed rules are contained in Article 20 of the Regulation. 

10. Right to protest

10.1. The data subject has the right to object at any time to the processing of his personal data based on the public interest, performance of a public task (Article 6 (1) e)) or legitimate interest (Article 6 f)) for reasons related to his own situation, including profiling based on the aforementioned provisions too. In this case, the data controller may no longer process the personal data, unless the data controller proves that the data processing is justified by compelling legitimate reasons that take precedence over the interests, rights and freedoms of the data subject, or which are necessary for the presentation, enforcement or defense of legal claims. are connected.

10.2. If personal data is processed for the purpose of direct business acquisition, the data subject has the right to object at any time to the processing of his personal data for this purpose, including profiling, if it is related to direct business acquisition.  If the data subject objects to the processing of personal data for the purpose of direct business acquisition, then the personal data may no longer be processed for this purpose.

10.3. These rights must be specifically brought to the attention of the data subject during the first contact at the latest, and the relevant information must be displayed clearly and separately from all other information.

10.4. The data subject can also exercise the right to protest using automated means based on technical specifications.

10.5. If personal data is processed for scientific and historical research purposes or for statistical purposes, the data subject has the right to object to the processing of personal data concerning him for reasons related to his own situation, unless the data processing is necessary for the performance of a task carried out for reasons of public interest.

The relevant rules are contained in the article of the Regulation. 

11. Automated decision-making in individual cases, including profiling

11.1. The data subject has the right not to be covered by the scope of a decision based solely on automated data management, including profiling, which would have a legal effect on him or affect him to a similar extent.

11.2. This right does not apply if the decision:

a) necessary for the conclusion or fulfillment of the contract between the data subject and the data controller;

b) it is made possible by EU or Member State law applicable to the data controller, which also establishes appropriate measures to protect the rights and freedoms and legitimate interests of the data subject; or

c) is based on the express consent of the data subject.

11.3. In the cases mentioned in points a) and c) above, the data controller is obliged to take appropriate measures to protect the rights, freedoms and legitimate interests of the data subject, including at least the right of the data subject to request human intervention on the part of the data controller, to express his position and to oppose the decision file an objection.

Additional rules are contained in Article 22 of the Regulation.

12. Limitations

The EU or Member State law applicable to the data controller or data processor may limit the scope of rights and obligations (Articles 12-22, Article 34, Article 5 of the Regulation) through legislative measures, if the limitation respects the essential content of fundamental rights and freedoms. 

The terms of this restriction are contained in Article 23 of the Regulation. 

13. Informing the data subject about the data protection incident

13.1. If the data protection incident is likely to involve a high risk for the rights and freedoms of natural persons, the data controller must inform the data subject about the data protection incident without undue delay. In this information, the nature of the data protection incident must be described in a clear and understandable manner, and at least the following must be disclosed:

a) the name and contact details of the data protection officer or other contact person providing additional information;

c) the likely consequences of the data protection incident must be described;

d) the measures taken or planned by the data controller to remedy the data protection incident must be described, including, where applicable, measures aimed at mitigating any adverse consequences resulting from the data protection incident.

13.2. The data subject does not need to be informed if any of the following conditions are met:

a) the data controller has implemented appropriate technical and organizational protection measures and these measures have been applied to the data affected by the data protection incident, in particular those measures – such as the use of encryption – that would be unintelligible to persons not authorized to access personal data they make the data;

b) after the data protection incident, the data controller has taken additional measures to ensure that the high risk to the rights and freedoms of the data subject is unlikely to materialize in the future;

c) providing information would require a disproportionate effort. In such cases, the data subjects must be informed through publicly published information, or a similar measure must be taken that ensures similarly effective information to the data subjects.

Additional rules are contained in Article 34 of the Regulation. 

14. The right to complain to the supervisory authority (right to an official remedy)

The data subject has the right to file a complaint with a supervisory authority – in particular in the Member State of his or her usual place of residence, workplace or the place of the alleged infringement – if, in the opinion of the data subject, the processing of personal data relating to him/her violates the Regulation.  The supervisory authority to which the complaint was submitted is obliged to inform the customer about the procedural developments related to the complaint and its outcome, including whether the customer is entitled to a judicial remedy.

These rules are contained in Article 77 of the Regulation. 

15. Right to an effective judicial remedy against the supervisory authority

15.1. Without prejudice to other administrative or non-judicial remedies, all natural and legal persons are entitled to an effective judicial remedy against the legally binding decision of the supervisory authority.

15.2. Without prejudice to other administrative or non-judicial legal remedies, all data subjects are entitled to an effective judicial remedy if the competent supervisory authority does not deal with the complaint or does not inform the data subject within three months of the procedural developments related to the submitted complaint or its result.

15.3. Proceedings against the supervisory authority must be initiated before the court of the Member State where the supervisory authority is based.

15.4. If proceedings are initiated against a decision of the supervisory authority in relation to which the Board previously issued an opinion or made a decision within the framework of the uniformity mechanism, the supervisory authority is obliged to send this opinion or decision to the court.

These rules are contained in Article 78 of the Regulation. 

16. Right to an effective judicial remedy against the controller or data processor

16.1. Without prejudice to the available administrative or non-judicial remedies, including the right to file a complaint with the supervisory authority, all data subjects are entitled to effective judicial remedies if, in their judgment, their rights under this Decree have been violated as a result of the handling of their personal data not in accordance with this Decree.

16.2. Proceedings against the data controller or data processor must be initiated before the court of the Member State where the data controller or data processor operates. Such a procedure can also be initiated before the court of the Member State of the habitual residence of the person concerned, unless the data controller or the data processor is a public authority of a Member State acting in the capacity of public authority.

These rules are contained in Article 79 of the Regulation. 

Dated, Budapest, 17.10.2021.

Attila Pinke E.V. and Catch Carp Hungary Ltd.