Document update date: 1 January 2022. Pursuant to the contents of Article 19(1) of the act of 11 September 2019 Public Procurement Law, hereinafter referred to as the “PPL” in connection with Article 13 and Article 14 of 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 (General Data Protection Regulation) (Official Journal of the EU L 119 of 04/05/2016, p. 1), hereinafter referred to as the “GDPR”, we would like to inform that:
PERSONAL DATA CONTROLLER AND DATA PROTECTION OFFICER
The controller of your personal data is the Łukasiewicz Research Network – Poznań Institute of Technology, hereinafter “Łukasiewicz-PIT”. The administrator can be contacted: by letter to: Łukasiewicz Research Network – Poznań Institute of Technology, ul. Estkowskiego 6, 61-755 Poznań, by e-mail: office@pit.lukasiewicz.gov.pl or by telephone: +48 61 850 48 90.
We have appointed the Data Protection Officer. You can contact the inspector by post at: Łukasiewicz Research Network – Poznań Institute of Technology, ul. Estkowskiego 6, 61-755 Poznań (with a note “Data Protection Inspector”) or by e-mail: iod@pit.lukasiewicz.gov.pl.
LEGAL BASIS FOR THE PROCESSING OF PERSONAL DATA
Your personal data will be processed on the basis of Article 6(1)(c) of the GDPR for the purpose relating to the public procurement procedure to which the documentation in question is related.
INFORMATION ON RECIPIENTS OF PERSONAL DATA
The recipients of your personal data will be persons or entities to whom the documentation of the proceedings will be made available according of the provisions of the law, including Article 18 and Article 74(1) and (2) of the PPL.
Łukasiewicz – PIT uses Microsoft Office 365, which may result in the transfer of your personal data to a third country. The terms and conditions for the use of the MS Office 365 Online Services and the obligations with regard to the processing and safeguarding of user data and personal data by the Online Services are set out in Microsoft documentation.
THE PERIOD FOR WHICH THE PERSONAL DATA WILL BE KEPT
Your personal data will be stored (processed), in accordance with Article 78(1) of the PPL, for a period of 4 years from the end date of the contract award procedure.
OBLIGATION TO PROVIDE PERSONAL DATA
Your obligation to provide the personal data directly related to you is a statutory requirement, defined in the PPL regulations and related to the participation in a public procurement award procedure, while the consequences of refusal to provide the data are defined by the PPL.
AUTOMATED DECISION-MAKING
As far as your personal data are concerned, no automated decisions shall be made, under Article 22 of the GDPR;
RIGHTS OF THE DATA SUBJECT
You have:
- Pursuant to Article 15 of the GDPR, the right of access to your personal data; Pursuant to Article 75 of the PPL, in the event that the person whose personal data are processed by the Contracting Authority exercises the right referred to in Article 15(1)-(3) of the GDPR, the Contracting Authority may require the person making the request to indicate additional information aimed at specifying the name or date of the concluded procurement procedure.
- Pursuant to Article 16 of the GDPR, the right to rectify your personal data; Pursuant to Article 19(4) of the PPL, we would like to inform you that the exercise of the right to rectification or amendment referred to in Article 16 of the GDPR by the data subject may not change the outcome of the procurement procedure or change the provisions of the public procurement contract to an extent incompatible with the Act;
- Pursuant to Article 18 of the GDPR, the right to request the controller to restrict the processing of personal data, subject to the cases referred to in Article 18(2) of the GDPR; The right to limit processing does not apply to storage, to ensuring the exercise of legal remedies or to protection of the rights of another individual or legal person, or on the important grounds of public interest of the European Union or of a Member State. Pursuant to Article 19(4) of the PPL, we would like to inform you that in a procurement procedure, submission of a request for restriction of processing as referred to in Article 18(1) of the RODO does not restrict the processing of personal data until the end of that procedure;
- The right to lodge a complaint with the President of the Office for the Protection of Personal Data, if you believe that the processing of personal data concerning you violates the provisions of the GDPR;
You do not have the right to:
- in connection with Article 17(3)(b), (d) or (e) of the GDPR, erase personal data;
- personal data portability, as referred to in Article 20 of the GDPR;
- Pursuant to Article 21 of the GDPR, the right to object to the processing of personal data, since the legal basis for the processing of your personal data is Article 6(1)(c) of the GDPR.
DATA PROCESSING IN THE PUBLIC PROCUREMENT PROCESS
Pursuant to Article 19(5) of the PPL, as the Contracting Authority, we are processing the personal data collected during the contract award procedure in a manner guaranteeing protection against unlawful dissemination.
Pursuant to Article 18(5)(1) of the PPL, if justified by privacy protection or public interest, the Contracting Authority may not disclose personal data in the case of an order awarded according to Article 214(1)(1)(b) for deliveries or services, in the field of cultural activities related to the organisation of exhibitions, concerts, contests, festivals, public presentations, theatre plays, cultural education activities or collection of library assets by libraries or museum exhibition objects, as well as in the field of archiving related to the collection of archive resources, if such orders are not used to provide the Contracting Authority with fixed assets intended for its continuous operation, if the Economic Operator had reserved that such data may not be disclosed before it entered into a public order contract.
Pursuant to Article 18(6) of the PPL, the Contracting Authority shall make the personal data referred to in Article 10 of the GDPR available for the purpose of enabling the exercise of the legal remedies referred to in Section IX until the expiry of the deadline for their filing.
Pursuant to Article 74(3) of the PPL, if the filing of a request concerning the right referred to in Article 18(1) of the GDPR results in a restriction of the processing of personal data contained in the minutes of the procedure or annexes to those minutes, the Contracting Authority shall not make such data available effective from the end date of the contract award procedure, unless the prerequisites referred to in Article 18(2) of the GDPR occur. Pursuant to Article 74(4) of the PPL, the provision referred to in Article 74(1) and (2) of the PPL shall apply to all personal data, with the exception of the data referred to in Article 9(1) of the GDPR, collected in the course of the contract award procedure. Restrictions to the principle of transparency referred to in Article 74(3) of the PPL and Article 18(3) to (6) of the PPL shall apply mutatis mutandis.
Pursuant to Article 76 of the PPL, the exercise of the right to rectify or supplement personal data referred to in Article 16 of Regulation 2016/679 by the person whose personal data is processed must not affect the integrity of the procedure protocol and its annexes.
Pursuant to Article 269(2) of the PPL, in the case of personal data presented by the Contracting Authority in the Public Procurement Bulletin, the rights referred to in Articles 15 and 16 of the GDPR shall be exercised by means of a request addressed to the Contracting Authority.
Pursuant to Article 269(3) of the PPL, the President of the Office shall ensure technical maintenance of the ICT system which is used to provide access to the Public Procurement Bulletin, and shall determine the period of storage of personal data published in the Public Procurement Bulletin.
