Data Protection

INFORMATION ON THE PROCESSING OF PERSONAL DATA

On the basis of the 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 (hereinafter: GDPR), Articles 13 and 14, Controller gives those concerned the following information concerning the processing of personal data.

	Controller	Representative of Controller
Name:	Marketing & Menedzsment (The Hungarian Journal of Marketing & Management)	Dr. Törőcsik, Mária Professor
Address:	PTE Közgazdaságtudományi Kar H – 7622 Pécs, Rákóczi út 80.	PTE Közgazdaságtudományi Kar H – 7622 Pécs, Rákóczi út 80.
E-mail:	mm@ktk.pte.hu	torocsik.maria@ktk.pte.hu
Phone:	+36 72 500-599 / 23374	+36 72 500-599 / 23374

Regulations serving as the basis of data procession

The version currently in force 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) (hereinafter: GDPR) is available at the following link:

https://eur-lex.europa.eu/legal-content/HU/TXT/HTML/?uri=CELEX:32016R0679&qid=1574274656574&from=HU

The version currently in force of Act CXII of 2011 on Informational Self-determination and Freedom of Information (hereinafter: Info Act) is available at the following link:

http://njt.hu/cgi_bin/njt_doc.cgi?docid=139257.338504

In GDPR “personal data” means

any information relating to an identified or identifiable natural person (“data subject”); 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.

„Recipient” means

a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether 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 those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.

PERSONAL DATA

aim of processing:	contact
legal ground of data processing:	consent
storage period:	5 years
list and categories:	name, phone number, e-mail address, mail address; workplace; position
source:	the data subject directly

Provision of personal data, as a general rule, is the free decision of data subject. Whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether the data subject is obliged to provide the personal data and of the possible consequences of failure to provide such data:

request of data for compliance with legal obligations: failue to meet legal obligation
request of data for contracting: absence of agreement
request of data for the use of service: refusal of the provision of service
request of data for security reasons: limitation and denial of access

Automatic decision-making of profiling

Is it used by the Controller?	Information relating the logics applied	Significance and consequence for the data subject
No	Not relevant	Not relevant

If there is addressee

Specification of addressees	Purpose of data supply
No	No transfer to external party

WHO HAVE ACCESS TO YOUR PERSONAL DATA?

As the main rule, personal data of the data subject can be available for the employees of Controller for the implementation of their tasks. Data subject gives his/her consent to making his/her data relevant for the paper available on the website of the periodical. The Controller only transfers the personal data of the data subject to other organs in exceptional circumstances. For example, if a legal procedure is started in a legal dispute between the data subject and the Controller, and the jury in charge requires the transfer of the documents containing the personal data of the data subject, if police contact Controller, and require the transfer of documents containing the personal data of data subject. In addition, e.g. the solicitor responsible for the legal representation of Controller can also have access to personal data, if there is a legal dispute between data subject and Controller.

DATA SECUTIRY MEASUREMENTS

Controller stores personal data provided by the data subject at the head office of Controller. Controller makes adequate information security measures in order to protect the personal data of the data subject against, among other things, unauthorised access or unauthorised alteration of data. Accordingly, access to the personal data stored on servers is logged, on the basis of which it can be checked at any time who had access to what personal data and when. Controller makes adequate organisational measures in order to prevent personal data from becoming accessible to an indefinite number of persons.

TRANSFER TO THIRD COUNTRY OR INTERNATIONAL ORGANISATION

Specification of third country or international organisation

Not relevant

YOUR RIGHTS

In accordance with Article 15 of GDPR data subject shall have the right of access to the personal data relating him/her:

(1) The data subject has the right to obtain feedback from Controller concerning the data process as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data and the following information:

a) the purposes of the data processing;
b) the categories of personal data concerned;
c) the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
d) where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
e) the existence of the right to request from the Controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
f) the right to lodge a complaint with a supervisory authority;
g) where the personal data are not collected from the data subject, any available information as to their source;
h) the existence of automated decision-making, including profiling, and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.

(2) Controller will make available to data subject the copy of personal data that are the subject of data processing. For further copes required by data subject, Controller may charge a reasonable fee based on the administrative costs. If request is submitted by data subject electronically, information must be disclosed in a widely used electronic format, except when requested differently by data subject. That right relating to the request of copy should not adversely affect the rights or freedoms of others.

In accordance with Article 16 of GDPR the data subject has the right to request Controller to rectify the personal data concerning him or her.

The data subject shall have the right to obtain from Controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

In accordance with Article 17 of GDPR data subject can request Controller to delete the personal data concerning him or her:

(1) The data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:

a) the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
b) the data subject withdraws consent on which the processing is based and there is no other legal ground for the processing;
c) the data subject objects to data procession carried out in the public interest or in the exercise of official authority, or to legitimate interests pursued by the controller (or of third party) and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing for direct marketing purposes,
d) the personal data have been unlawfully processed;
e) the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject (Hungarian law);
f) the personal data have been collected in relation to the offer of information society services.

(2) Where the controller has made the personal data public and is obliged pursuant to paragraph 1 to erase the personal data, the controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the personal data that the data subject has requested the erasure by such controllers of any links to, or copy or replication of, those personal data.

(3) The restriction of the right of the data subject to deletion can only take place if the following exceptions specified in GDPR apply, i.e. where such reasons exist, the continued storage of the personal data shall be seen as legal:

a) for exercising the right of freedom of expression and information, or
b) for compliance with a legal obligation, or
c) for the performance of a task carried out in the public interest, or
d) in the exercise of official authority vested in the controller, or
e) for reasons of public interest in the area of public health,
f) for archiving purposes in the public interest, or
g) for scientific or historical research purposes or statistical purposes, or
h) for the establishment, exercise or defence of legal claims.

In accordance with Article 18 of GDPR data subject has the right to request Controller to restrict the personal data relating to him or her:

(1) The data subject shall have the right to obtain from the controller restriction of processing where one of the following applies:

a) the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data;
b) the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;
c) Controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defence of legal claims; or
d) the data subject has objected to processing for the performance of a task carried out in the public interest, or legitimate interests pursued by the controller (or of third party); pending the verification whether the legitimate grounds of the controller override those of the data subject.

(2) Where processing has been restricted under the paragraphs above, such personal data shall, with the exception of storage, only be processed with the data subject’s consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.

(3) The data subject who has obtained restriction of processing pursuant to paragraph 1 shall be informed by the controller before the restriction of processing is lifted.

In accordance with Article 21 of GDPR the data subject shall have the right to object to processing of personal data relating him or her by Controller:

(1) The data subject shall have the right to object, at any time, on grounds relating to his or her particular situation, to performance of data procession carried out in the public interest or in the exercise of official authority, or to legitimate interests pursued by the controller (or of third party), including profiling. Controller shall no longer process the personal data unless Controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims

(2) Where personal data are processed for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing, which includes profiling, to the extent that it is related to such direct marketing. Where the data subject objects to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.

(3) At the latest at the time of the first communication with the data subject, the right to object shall be explicitly brought to the attention of the data subject and shall be presented clearly and separately from any other information.

(4) In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject may exercise his or her right to object by automated means using technical specifications.

(5) Where personal data are processed for scientific or historical research purposes or statistical purposes, the data subject, on grounds relating to his or her particular situation, shall have the right to object to processing of personal data concerning him or her, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

In accordance with Article 20 of GDPR the data subject has the right to the portability of the personal data concerning him or her:

(1) The data subject shall have the right to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where:

a) the processing is based on consent by Data Subject or performance of a contract made with the Data Subject; and
b) the processing is carried out by automated means.

(2) In exercising his or her right to data portability, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible.

(3) The exercise of the right to data portability shall be without prejudice to right to deletion. The right to data portability shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

(4) The right to data portability shall not adversely affect the rights and freedoms of others.

In accordance with Par. 3 of Article 7 of GDPR the data subject shall have the right to withdraw at any time his or her consent to the personal data relating him or her:

The data subject shall have the right to withdraw his or her consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal. The data subject’s right to withdraw his or her consent shall be as easy as to give his or her consent.

THE RIGHT OF THE DATA SUBJECT TO PRECEDURE BEFORE COURT OF JUSTICE, COMPLAINT LODGED AT A SUPERVISORY AUTHORITY

In case of unlawful processing of personal data discovered by data subject, a civil lawsuit can be initiated against controller. The decision on the lawsuit is in the competency of the court of justice. The civil lawsuit, on the choice of the data subject, can be initiated at the court of justice competent in the place of residence of the data subject (the lists of the courts of justice and their availabilities can be seen at the following link: http://birosag.hu/torvenyszekek

Without prejudice to any other administrative or judicial remedy, every data subject shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of his or her habitual residence, place of work or place of the alleged infringement, if the data subject considers that the processing of personal data relating to him or her infringes this Regulation.

Nemzeti Adatvédelmi és Információszabadság Hatóság (NAIH)
(National Authority for Data Protection and Freedom of Information)
address: H – 1125 Budapest, Szilágyi Erzsébet fasor 22/c
postal address: H – 1530 Budapest,
Pf.: 1530 Budapest, Pf.: 5
e-mail: ugyfelszolgalat@naih.hu
phone: +36 (1) 391-1400
fax.: +36 (1) 391-1410
website: www.naih.hu

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