ATP Trucks Automobile
TERMS AND CONDITIONS
This Privacy and Personal Data Protection Policy (the “Policy”) describes the framework applicable to the personal data collected by ATP Trucks Automobile in Romania, respectively by the following companies, each of which has the status of operator individually and separately:
ATP Trucks Automobile SRL is a limited liability company under Romanian law, having its registered office in Baia Mare, b-dul Bucuresti no. 65, Maramures County, registered with the ORC with registration number J24 / 712/2019, unique registration code 40723236, called “Operator”, including the provisions of the General Regulation on Data Protection (“GDPR”).
Personal data operator
ATP Trucks Automobile is the Personal Data Operator.
The personal data collected will be controlled and processed by ATP Trucks Automobile. Also, personal data can be processed or controlled jointly by ATP Group affiliates (ATP Exodus SRL, ATP AUTOMOTIVE RO SRL, ATP Transit SRL, ATP Motors RO SRL, ATP SMART 4US).
This Policy applies to: (1) the beneficiaries of our services for the sale of car parts and accessories, vehicle sales, transportation services, vehicle maintenance and repair services, (2) our employees, (3) users of the sites and applications listed here (The “sites”), (4) the representatives of our business partners, customers and suppliers, and (5) our candidates / applicants.
This Policy describes the categories of personal data or personal information we collect, how we use the information, how and for what purposes we process and protect the data we collect, the duration of storage, the situations in which we transfer data and recipients, such as and the rights and options that individuals have with regard to the use of personal data. We also describe how you can contact us about our privacy and data protection policies and how you can exercise your rights. Our privacy and data protection policies may vary depending on the jurisdictions in which we operate, to reflect local practices and legal requirements, and you may review specific local provisions by accessing local websites.
The personal data we collect
We collect personal data about you in a variety of ways, including by accessing and visiting our sites, including by creating and updating the account you register through the use of the sites, as well as through various channels. social media; at our events; by telephone and fax; through applications for different jobs; in connection with different types of services provided by us; or in connection with our service providers or business partners. We may collect various types of personal data depending on the nature of the relationship, including, but not limited to (according to applicable law):
- identification or contact details (such as name, surname, home address, business address, e-mail address, telephone number, job title);
- username and password when you register on our sites;
- the information you provide about other people you want to contact;
- other information you may provide to us, such as in surveys, follow-ups or through the “Contact Us” feature on our sites.
In addition, if you are a candidate / applicant, an employee, submit your CV for a job or create an account to submit your CV for a job, we may collect the following types of personal data ( according to local legislation):
- data on education and professional experience;
- known foreign languages and other professional skills;
- personal numerical code or other personal data having an identification function;
- date of birth;
- citizenship and work permits;
- benefit information;
- references about you;
- any other data contained in your CV that you provide regarding the areas of interest regarding your career and other data about your qualifications for employment;
And when required by law, based on the express consent provided by you:
- information about your disability and health;
In addition, we may collect information you provide to us about other people, such as information about people we may contact in an emergency.
If you visit us at our headquarters or our local offices or if you write to us or call us about various requests or issues of interest to you, we may collect your name and contact details, as well as other personal data that you you provide them to us directly.
Employee (hereinafter referred to individually as “Employee” and collectively “Employees”), as applicable, understands and acknowledges that ATP Trucks Automobile, as an employer, collects, processes and stores personal data of the employee and his dependents in order to conclude and execute his employment contract with ATP Trucks Automobile.
How we use the personal data we collect
The operator collects and uses the data collected for the following purposes (as permitted by applicable law):
- a) managing relationships with our customers and suppliers;
- b) creation and management of online accounts;
- c) processing of guarantees, financing applications;
- d) issuing insurance policies;
- e) to the extent permitted by applicable law, communication and management of participation in events
specials, promotions, programs, offers, surveys, contests and market research;
- f) providing answers to people’s questions and requests;
- g) managing, evaluating and improving our business (including development, analysis and
improving our services; communications management; performing data analysis and performing
accounting, auditing and other internal activities);
- h) protection against fraud, identification and monitoring of the prevention of fraud and other illegal activities; and
- i) compliance with and application of applicable legal requirements, applicable service standards, contractual obligations and our policies.
All processing will be carried out on the basis of appropriate legal grounds which could be included in several categories, including:
- a) the consent or express consent of the data subject, if required by applicable law;
- b) to ensure that we comply with a legal or contractual requirement or a requirement to conclude / amend / terminate a contract (for example, the processing of your personal data to ensure that your salaries and taxes are paid).
- c) the legitimate interest of the Operator (for example, to allow the customer to benefit from the services we offer).
In addition to the activities listed above, if you are a person applying for a position or creating an account to apply for a position, to the extent permitted by applicable law, we use the information described in this Policy for the following purposes:
- a) providing employment and work opportunities; and
- b) assessing your skills and qualifications for different jobs;
We may also use the data for other purposes, in which case we will provide you with specific information at or before the time of collection.
If you are an Employee, ATP Trucks Automobile processes your personal and dependent data, if any, for the following purposes:
1) In order to conclude and execute the employment contract to which the Employee is a party, as well as to modify or terminate the employment contract of the Employee.
2) In order to pay the salary to the Employee, as well as other bonuses, compensations, bonuses, vouchers
meal, other benefits, etc. from which the Employee could benefit.
3) In order to fulfill the obligations of ATP Trucks Automobile in the field of employment and social security and social protection, as well as in order to fulfill the obligations of ATP Trucks Automobile of occupational health and safety, emergencies, occupational medicine, including capacity assessment of the Employee.
4) In order to provide training sessions, including e-learning / online.
5) In order to keep records of all employees in the REVISAL register, including the Employee, according to the labor law obligations of the employer.
6) In order to submit declarations, applications, documents to the competent authorities, including ANAF, the Labor Inspectorate, the General Inspectorate for Immigration, the General Inspectorate for Emergency Situations, the Pension House, the Health Insurance House, for compliance with the employer’s legal obligations .
7) In order to issue certificates at the request of the Employee.
8) In order to recover any claims owed by the Employee to the employer or to recover any claims owed by the Employee to third parties (under the seizure procedure).
9) In order to prepare certain reports to companies in the ATP Exodus Group of Companies, for administrative purposes.
10) In order to monitor the location of the equipment used by the Employee in the performance of his duties.
11) In order to maintain the security of the computer system and to prevent the transfer of data which is the property of ATP Trucks Automobile / ATP Exodus Group or is a business secret of ATP Trucks Automobile / ATP Exodus Group, outside the company (security incidents) with ATP Trucks Automobile policies and procedures.
12) For the purpose of accessing location data via remote internet connection to ensure the security of the company’s IT system.
The operator may process personal data for certain legitimate purposes in the course of his business, which include some of the following:
- if the process allows us to improve, modify, customize or otherwise improve our services / communications for the benefit of our customers, candidates and employees;
- to identify and prevent fraud;
- to increase the security of our network and computer systems;
- to better understand how people interact with our sites;
- for direct marketing purposes;
- to provide you with communications by mail / e-mail, which we consider of interest to you;
- to determine the effectiveness of promotion and advertising campaigns.
Whenever we process data for this purpose, we will ensure that we pay special attention to your rights. You have the right to object to such processing and, if you wish to do so, please write to us at email@example.com.
How we process and protect personal data
We also process personal data that we collect by automatic means, for the purposes defined above and for a certain period of time, which complies with our internal retention policy, to ensure that personal data is not stored more than required.
We maintain the administrative, technical and physical protection guarantees intended to protect the personal data you provide against the destruction, loss, alteration, access, disclosure or accidental, illegal or unauthorized use. In order to ensure the appropriate security and confidentiality of personal data, we apply the following security measures:
- Data encryption;
- Appropriate user authentication measures;
- Secure network infrastructure;
- Network monitoring solutions.
The duration of the processing of personal data that we collect
We store in our systems the personal data that we collect in a way that allows the identification of data subjects limited to the time for which it is necessary in light of the purposes for which the data were collected or for which these data are further processed.
We determine this specific period of time taking into account:
- The need to keep personal data stored in order to provide our services;
- To protect the legitimate interests of the Operator, in accordance with this Policy;
- Existence of specific legal obligations that make it necessary to process and store the storage for a certain period of time;
Regarding Employees, personal data will be stored and stored by ATP Trucks Automobile as follows:
- a) Personal Data necessary for the achievement of the purposes mentioned in point II, 10), until the date of withdrawal of consent for data processing by the Employee;
- b) Personal Data necessary for the achievement of the purposes mentioned in points II 9), 11), 12) above, until the termination of the legitimate interest of the employer or until the exercise by the Employee of the right of objection;
- c) Personal Data necessary for the achievement of the purposes mentioned in points II 3), 4), 6), 7), until the termination of the employment contract with the Employee;
- d) The Personal Data necessary for the achievement of the purposes mentioned in point II 1) above, shall be kept in the personnel files, for a period of 75 years from the elaboration of the personnel file, according to the Law on National Archives no. 16/1996;
- e) The Personal Data necessary to achieve the purpose mentioned in point II 5) above, shall be kept for a period of 75 years, according to the Law on National Archives no. 16/1996;
- f) The Personal Data that are found in any supporting documents that are the basis of the records in the accounting records are kept in the Employer’s archive for 10 years, according to the provisions of the Accounting Law no. 82/1991;
- g) The Personal Data that are found in the salary statements of the Employer (according to point II 2) above), are kept for 50 years, according to the provisions of the Accounting Law no. 82/1991.
After the expiration of the above terms, personal data are deleted and / or destroyed from the records / databases of ATP Trucks Automobile.
People to whom we may transfer your personal information and data
We do not disclose personal data we collect about you, except as described in this Policy or in separate notices provided in connection with certain activities. We may share personal data with providers who provide services on our behalf based on our instructions. We do not authorize these providers to use or disclose the information unless it is necessary to perform services on our behalf or to comply with legal requirements. We may also share your personal data (i) with our affiliates; and (ii) our employees Mercedes Benz Romania (Daimler AG), Magyar Suzuki Ltd., Opel Southeast Europe LLC, Mazda Austria GmbH, AIC TRUCKS, MHS Truck & Bus.
In addition, we may disclose personal data about you (i) if we are required to do so by law; (ii) law enforcement authorities or other officials on the basis of a request for legal disclosure; and (iii) where we consider that disclosure is necessary or appropriate to prevent physical injury or financial loss or in connection with an investigation of suspected or actual fraudulent or illegal activity. We also reserve the right to transfer the personal data we hold about you if we sell or transfer all or part of our business or assets (including reorganization, dissolution or liquidation).
With regard to our Employees, in the context of processing operations carried out for the purposes mentioned in points II 1) -12) above, the Personal Data of the Employee will be transferred to the following third parties, as follows:
(a) service providers used by ATP Trucks Automobile, including: the provider of occupational medicine and medical subscription services; the provider of meal vouchers and gift vouchers; banks, in order to pay the salary by bank transfer; the courier service provider with which ATP Trucks Automobile collaborates, only when there are documents to be transmitted involving the Employee and only the minimum Personal Data necessary for the delivery services (name, surname, telephone, address);
(b) training service providers and other similar services;
(c) external consultants;
(d) other companies in the ATP Exodus group, in the reporting / administrative activities of ATP Trucks Automobile.
(e) authorities, including: (i) the National Agency for Fiscal Administration, for the submission of various declarations in accordance with the applicable legal provisions; (ii) the Territorial Labor Inspectorate and the General Inspectorate for Emergency Situations, for fulfilling the obligations of keeping records of employees, as well as for fulfilling the legal requirements of health and safety at work and for preventing and extinguishing fires / emergencies;
(iii) the Health Insurance House and the Pension House, for submitting various applications and forms; (iv) The General Inspectorate for Immigration, in order to fulfill the obligations of keeping records of employees for foreign nationals, (v) as well as other authorities for fulfilling other legal obligations.
All data transfers mentioned above are carried out in compliance with ATP Trucks Automobile’s principles related to the processing of personal data, in particular the principle of minimization of personal data – ATP Trucks Automobile transmits to third parties only personal data that are strictly necessary for the purposes mentioned.
We may also transfer the personal data we collect about you outside the country where the initial information was collected. Those countries may not have the same data protection laws as the country where you originally provided your personal data. When we transfer your personal data to other countries, we will protect those data described in this Policy and such transfers will be in accordance with applicable law.
The countries to which we may transfer your personal data that we collect may be:
- Within the European Union;
- Outside the European Union.
When we transfer personal data from within the European Union to countries or international organizations outside the European Union, the transfer takes place on the basis of:
- a) The decision of the European Commission regarding the degree of adequacy;
- b) in the absence of a decision on the adequacy, on the basis of other permitted legal grounds: (i) a legally binding and enforceable instrument between public authorities or entities; (ii) mandatory corporate rules; (iii) the standard data protection clauses (formerly called standard clauses) adopted by the Commission, etc.
Your rights and options
Where required by applicable law, a data subject may exercise, under Articles 15 to 22 of the GDPR, the following specific rights:
- a) Right to information: the right of the data subject to receive information on the processing of Personal Data. Compliance with this right by ATP Trucks Automobile is hereby notified.
- b) Right of access: The data subject has the right to obtain from the company a confirmation that personal data concerning him are being processed or not and, if so, access to those data and the provision of information on data processing.
- c) Right to rectification: The data subject has the right to obtain from the controller the rectification of any inaccurate or incomplete personal data concerning him, in order to ensure the accuracy of such information and to ensure proper processing.
- d) Right of deletion: The data subject has the right to obtain from the controller the deletion of personal data concerning him, and the controller has the obligation to delete personal data.
- e) Right to restrict processing: The data subject has the right to request the Operator to limit the processing of his data.
- f) Right to data portability: The data subject has the right to request data portability, which means that the data subject may receive the personal data originally provided in a structured and commonly used format or that the data subject may request the transfer of data to a another Operator.
- g) The right to object: The data subject who provides personal data to an Operator has the right to object at any time to the processing of data for several reasons provided in the GDPR, without having to justify his decision.
- h) Right not to be subject to an automated individual decision: The data subject has the right not to be subject to a decision based exclusively on automatic processing, including the creation of profiles, if this creation produces a legal effect on the data subject or significantly affects it. similar way.
- i) Right to lodge a complaint with a supervisory authority: Every data subject has the right to lodge a complaint with a supervisory authority, in particular in the EU Member State in which he or she has his or her habitual residence, place of work or employment. which is presumed to have been breached, if the data subject considers that the processing of personal data concerning him violates the provisions of the GDPR.
Whenever the processing is based on consent, according to art.7 of the GDPR, the data subject may withdraw his consent at any time.
If you need more information about the processing of your personal data, please see the “How to contact us” section below.
Updating our Policy
This Policy (including any annexes) may be updated periodically to reflect changes in our privacy practices and legal updates. For significant changes, we’ll notify you by posting a visible notice on our sites, indicating at the top of each notification when the last update was made.
How can you contact us
If you have any questions or comments regarding this Policy or if you wish to exercise your rights, please email us at the following address: firstname.lastname@example.org or you may mail a written request to the following address: B-dul Bucuresti no. 65, Baia Mare, Maramures County, Romania.