Politique de confidentialité
Politique de confidentialité
WE CARE ABOUT YOUR PERSONAL DATA
PERSONAL DATA PROCESSING POLICY
Respecting your private life is one of our fundamental commitments and this is why we give much attention to your personal data processing, in accordance with the applicable law.
Proficircle SA, headquartered in rue du Môle 1, 2000 Neuchâtel, Switzerland, registered with the Trade Registry Office under no. CHE-101.662.12 (“Proficircle”, “we”) processes, as controller, your personal data („Personal Data”). The purpose of this information note („Policy”) is to detail the way that Proficircle processes your Personal Data with regard to the use of the platform found on URL address https://proficircle.com (the „Platform”).
We reserve our right to modify the provisions of the Policy from time to time. If we make any modifications of this Policy, we will make the updated version available on the Platform and we will update the date mentioned as the “Last update”. At the same time, we shall draw your attention on the modifications in order to make sure that you are informed with regard to the way Personal Data will be used. Any modification of the Policy shall apply since the date it was made, except for the modifications that need your prior consent, which will apply starting with the moment when you express such consent.
Any capitalized term which is not defined in this Policy, shall have the sense given by the provisions of the Terms and Conditions applicable to the App, which may be accessed here:
1. THE PROCESSED PERSONAL DATA, THE PURPOSES OF PROCESSING AND THE GROUNDS FOR PROCESSING
A. BROWSING THROUGH THE PLATFORM
a. Data for Platform browsing
The information systems and the software applications used for the functioning of the Platform generally obtain some Personal Data (the so-called „log files”), whose transmission is implicit when the Internet communication protocols are used.
This information is not collected in order to be associated to some identified persons, but, due to their nature, it allows, by processing and integrating with certain data stored by the third parties, the identification of the users. This information includes the IP addresses, the hour of the request, the method used to send the request to the server, the dimension of the file obtained in response, as well as other parameters regarding the user’s operating system.
Insofar as this information leads to the identification of a user, the provisions of this Policy become applicable.
| Purpose of processing | Grounds for processing |
|---|---|
| We use this data to obtain anonymous statistical information with regard to the use of the Platform and to verify its correct functioning. | Our legitimate interest for improving our Platform and for managing the capacities of the server and keeping our Platform free of errors (art. 6 para. 1, letter f RGPD); |
B. User account
a. Creating the user account
Processed Personal Data: first name, last name, email address, phone number, position, company, country, information on the company (insofar as they represent personal data).
| Purpose of processing | Grounds for processing |
|---|---|
| Registration on the Platform and creation of the user account | Performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract (art. 6, para. 1, letter b of the GDPR). |
b. Connection by LinkedIn
The Platform also offers you the possibility to log in and to create an account by using the LinkedIn account. Before you register, you are driven to a LinkedIn page where you can connect by using the user name and the password of LinkedIn account. Consequently, the Platform shall be connected to your LinkedIn profile. The connection automatically determines the Platform to receive from LinkedIn the information you agreed to be transmitted: LinkedIn ID, email address, first name, last name, profile picture. This information will be processed by us in order to offer you the possibility to create the account and, if necessary, to identify yourself in the context of the features offered by the Platform and to offer you various features on our Platform.
We are not liable for the processing of your Personal Data by LinkedIn. For more information regarding the way LinkedIn processes the Personal Data and about the privacy settings related to the LinkedIn account, please access LinkedIn’s privacy policy.
C. Use of the Platform as seller / supplier or buyer / beneficiary
a. Application for tender / direct acquisition
In case you apply for a tender, as seller / supplier, certain information about you / your offer will be transmitted to the buyer / beneficiary.
In this context, certain data about you will be transmitted to the buyer / beneficiary of the services. As a rule, this information regards the legal entities and does not lead to the identification of any natural person. Nevertheless, it is possible that certain Personal Data are transmitted too, as follows. At the same time, this Personal Data will be transmitted only if you have won the tender / direct acquisition.
Processed Personal Data: first name, last name, phone number, email address, data of the company, information about the offer.
| Purpose of processing | Grounds for processing |
|---|---|
| The purpose of this processing consists in supplying our Services through the Platform, especially when applying for a tender / direct acquisition. | Performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract (art. 6, para. 1, letter b of the GDPR). |
b. Publication of a project for the tender / direct acquisition
If you publish a project, as buyer / beneficiary, certain information about you / your offer will be sent to a Proficircle representative and, subsequently, to the seller / supplier. In this context, some of your data will be sent to the seller / supplier of services. As a rule, this information regards the natural entities and does not lead to the identification of a natural person. Nevertheless, it is possible that certain Personal Data is transmitted too, as follows. At the same time, this Personal Data will be transmitted only to the winner of the tender / direct acquisition.
Processed Personal Data: first name, last name, phone number, email address, data on the company, information about the offer.
| Purpose of processing | Grounds for processing |
|---|---|
| The purpose of this processing consists in supplying our Services through the Platform, especially by publishing the project for the tender / direct acquisition. | Performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract (art. 6, para. 1, letter b of the GDPR). |
c. Conclusion of contract between the buyers and suppliers
If you conclude a contract on the Platform, certain Personal Data, which will be indicated in the respective contract, will be needed to conclude it.
Processed Personal Data: first name, last name, phone number, email address, address, the data included in the identity card.
| Purpose of processing | Legal grounds |
|---|---|
| The purpose of this processing consists in the conclusion of the contract between the buyer and the supplier. | Performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract (art. 6, para. 1, letter b of the GDPR). |
D. Making payments on the Platform
a. Making payments on the Platform
Processed Personal Data: first name, last name, phone number, email address, type of card (individual, business), date of birth, address, town, postal code, state, company name, information on the company.
| Purpose of processing | Legal grounds |
|---|---|
| The purpose of this processing consists in providing our Services through the Platform, especially for making the payments. | Performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract (art. 6, para. 1, letter b of the GDPR). |
b. Adding a credit card
Processed Personal Data: first name, last name, phone number, email address, type of card (individual, business), date of birth, address, postal code, state, company name, information on the company, town.
| Purpose of processing | Legal grounds |
|---|---|
| The purpose of this processing consists in providing our Services through the Platform, especially those needed for making the payments. | Performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract (art. 6, para. 1, letter b of the GDPR). |
E. Contacting the users
a. Contacting the user
Processed Personal Data: first name, last name, email address, phone number, company, country, information indicated by the user, documents transmitted by the user.
| Purpose of processing | Legal grounds |
|---|---|
| Contacting the user regarding the offer required or to the resolution of any indicated issue. | The Company legitimate interest (art. 6, para. 1, letter f of the GDPR) Details: the company’s legitimate interest is to ensure the communication with the users and to ensure the necessary support to them |
b. Notifications regarding the activity on the Platform
Processed Personal Data: first name, last name, phone number, email address.
| Purpose of processing | Legal grounds |
|---|---|
| Making notifications about the activity on the Platform | Data subject consent (art. 6, para. 1, letter a of the GDPR) |
c. Contractual notifications
Processed Personal Data: first name, last name, phone number, email address.
| Purpose of processing | Legal grounds |
|---|---|
| Making contractual notifications, in accordance with the Platform’s terms and conditions of use. | Performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract (art. 6, para. 1, letter b of the GDPR). |
F. Marketing (Newsletter, promotions, offers)
a. Commercial messages
Processed Personal Data: first name, last name, email address.
| Purpose of processing | Legal grounds |
|---|---|
| Sending commercial messages in order to promote company services. | Data subject consent (art. 6, para. 1, letter a of the GDPR) |
G. Settlement of disputes
a. Contentious issues
Processed Personal Data: first name, last name, address of residence.
| Purpose of processing | Legal grounds |
|---|---|
| Defending the legitimate rights and interests and supporting any claims in front of the judicial bodies or of any public authorities. | Company’s legitimate interest (art. 6, para. 1, letter f of the GDPR) Details: the company’s legitimate interest to defend the legitimate rights or interests or to support the claims resulted from or tightly related to the conclusion or performance of the contract or in view to exercising the right to defense in the hypothesis of initiating a contentious issue against the company |
2. SUPPLY OF PERSONAL DATA
You may refuse to provide certain Personal Data but, in this case, you might not beneficiate from certain services specific to the report described in this Policy.
3. ABOUT THE LEGAL GROUNDS
The legal ground for processing depends on the actual situation and on the processed Personal Data.
If we process your Personal Data based on consent, we will ask for your free, informed, specific and unequivocal consent for the respective processing. By expressing your consent, you agree that we collect, use, disclose, process and transfer the Personal Data, in compliance with this Policy.
4. THE AUTOMATIC PROCESSING OF THE PERSONAL DATA
Your Personal Data will not be processed in order to generate decisions solely based on the automated processing that would produce legal effects concerning you or that affects you significantly, in the sense of provisions in art. 22 para. (1) of the GDPR.
5. DURATION OF PROCESSING
The duration of the Personal Data processing depends on the specific processing operation: In certain circumstances, it is possible to keep the Personal Data for longer periods of time in order to have an accurate record of your relationship with us in case of complaints or if we reasonably consider there is any perspective of a litigation.
| Operation | Duration |
|---|---|
| Making payments on the Platform | duration of account existence |
| Adding a credit card | duration of account existence |
| Application for a tender / direct acquisition | duration of account existence |
| Conclusion of contract between buyers and suppliers | duration of account existence |
| Publication of project for the tender / direct acquisition | duration of account existence |
| Creation of user account | duration of account existence |
| Contacting the user | duration needed for settling the request |
| Notifications related to the activity on the Platform | until the consent is withdrawn |
| Contractual notifications | duration of account existence |
| Commercial messages | until the consent is withdrawn |
| Contentious issues | duration needed for settling the request |
6. TRANSFER OF PERSONAL DATA
We may transfer Personal Data, if necessary, to the following categories of recipients: IT services suppliers, marketing services suppliers, State authorities.
These recipients may be situated in the European Union and/or the European Economic Space, as well as outside them, including in countries which are not recognized as ensuring an adequate protection level, in which case the transfer of the Personal Data is made only if there are any adequate guarantees, in accordance with the applicable law (such as the standard contractual clauses issued by the European Commission). You may request a list of recipients from third countries, as well as a copy of the agreed instructions ensuring an adequate protection level of the Personal Data.
7. PERSONAL DATA SECURITY
The security of your Personal Data is important to us. Thus, your Personal Data will be processed by applying some reasonable technical and organizational measures to protect them, such as limitation of the access to the Personal Data, encryption or rendering the Personal Data anonymous, stored on secured media. Nevertheless, despite the efforts made, we cannot guarantee the efficiency of the security measures implemented and, consequently, we cannot guarantee the security of the Personal Data at any time.
8. RIGHTS REGARDING THE PERSONAL DATA PROCESSING
YOUR RIGHTS
Right of access: You have the right to obtain confirmation from us that your Personal Data are processed by us, and also any information regarding the specificity of the processing such as: purpose, categories of processed Personal Data, their recipients, period for retaining them, if we transfer them abroad and how we protect them, your rights, the right to submit a complaint with the supervisory authorities.
Right of rectification:You have the possibility to ask for your Personal Data to be rectified, given that the applicable legal requirements are respected. In case of errors, after the notification, we will immediately correct your Personal Data.
Right of erasure: In certain cases, you have the possibility to ask for the erasure of the Personal Data, such as when: (i) they are no longer necessary for the purposes for which we collected and processed them; (ii) you withdraw your consent for the Personal Data processing and we can no longer process the Personal Data by effect of other legal grounds; (iii) the Personal Data are processed contrary to the law; (iv) you use any legal right to oppose. We are obliged to comply with your request for erasure in case the Personal Data processing is necessary in order to observe any legal obligation, or to ascertain, exercise or defend any right in the court of justice. Also, there are circumstances when we are not obliged to respect such request for the Personal Data erasure.
Restriction of processing: You may ask us to restrict the processing of your Personal Data in the following situations: (i) if you contest the accuracy of the Personal Data, for a period enabling us to verify the accuracy of the Personal Data in question; (ii) if the processing is unlawful and you oppose the erasure of the Personal Data and request the restriction of their use instead; (iii) if we no longer need the Personal Data for the purposes of the processing, but they are required for legal claims; (iv) if you objected to processing, pending the verification whether our legitimate grounds as the controller override those of the data subject. We can continue to use the Personal Data following a request for restriction, in case: (i) we have your consent; (ii) to ascertain, exercise or ensure the protection of any right in the courts of justice; or (iii) to protect the rights of any other individual or legal entity.
Right to data portability: If the Personal Data are processed based on your consent or for the performance of the contract, and processing is made by automated means, you have the right to receive your Personal Data in a structured, commonly used and machine-readable format, and you have the right to transmit the Personal Data to another Controller. This right does not negatively affect the rights and freedoms of the others.
Right to object: In certain situations, for example when we process your Personal Data based on a legitimate interest, you have the right to oppose the processing of your Personal Data by us. If the objection is not justified, Proficircle is entitled to continue processing the Personal Data. At the same time, you may object the processing of your Personal Data for the purpose of sending commercial messages.
Revocation of consent: If we process your Personal Data based on your consent, you may revoke your consent at any time, without affecting the lawfulness of processing based on consent before it was withdrawn.
Automated individual decision-making: You have the right not to be the subject to any decision based exclusively on the automated processing, including the creation of profiles, which produce legal effects on you or that significantly affects you in a similar way. This right is not applicable if the decision: (i) is necessary for the conclusion and performance of a contract between you and us; (ii) is authorized by the law providing also adequate guarantees for your rights and freedoms; (iii) is based on your explicit consent.
Right to appeal to the supervisory authority: You have the right to make complaints with the National Supervisory Authority for Personal Data Processing („ANSPDCP”) about any breach of your rights regarding the processing of your Personal Data. ANSPDCP contact data are: 28-30 G-ral. Gheorghe Magheru Blvd., District 1, 010336 Bucharest, Romania; e-mail: anspdcp@dataprotection.ro.
EXERCISING YOUR RIGHTS
In order to exercise your rights mentioned above, please contact us at the email address: office@proficircle.ro
Verification of identity: We grant much attentions to the privacy of all Personal Data and we reserve our right to verify you in case you make a request with regard to the Personal Data.
Fees: As a rule, you may exercise your rights for free. However, we reserve our right to charge a reasonable fee in case your requests are manifestly unfounded or excessive, in particular because of their repetitive character.
Time to answer: We make all efforts to answer your requests within maximum one month since the request is received. This period may be extended with two months when necessary, taking into consideration the complexity and number of requests, in which case we will inform you about any extension and about the reasons for delay.
9. CONTACT
If you have any questions or clarifications about this Policy or its implementation, you may contact us at the email address: office@proficircle.ro