Introduction
This document – prepared on the basis of the provisions 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) (Text with EEA relevance) – hereinafter referred to as the GDPR or the General Regulation – and the Act of 10 May 2018 on the Protection of Personal Data (Journal of Laws, item 1000, as amended), hereinafter referred to as the Act, is commonly referred to as the Privacy Policy.
In order to carry out tasks performed in the public interest, in particular through the adoption of animals, which supports the statutory objectives of Fundacja Centaurus, and in order to protect the fundamental rights and freedoms of all natural and legal persons, in particular their right to the protection of personal data, rules for the processing and use of personal data have been laid down.
The types of personal data collected, gathered and processed depend on the way in which cooperation with the Controller takes place – and thus on the way in which particular information (personal data) is provided to the Controller of personal data. At every stage, personal data are protected as required by law, and the data subject has a number of rights relating to the processing of his or her data, which are discussed in this document.
Who collects, gathers and processes personal data
The controller of personal data is Fundacja Centaurus – Animality, ul. Skarbowców 23A/BUD B3 53-025 Wrocław, entered in the register of associations, other social and professional organisations, foundations and independent public healthcare institutions kept in the National Court Register by the District Court in Wrocław, 6th Commercial Division of the National Court Register, under KRS number 0000257551, REGON 020319750, NIP 8982093147.
Contact with the personal data controller:
e-mail: [email protected]
postal address: Fundacja Centaurus – Animality, ul. Skarbowców 23A/BUD B3 53-025 Wrocław
Contact with the data protection officer:
e-mail: [email protected]
postal address: Kancelaria Adwokacka Uszyński S.K.A., ul. Broniewskiego 48/127, 01-771 Warszawa.
What data is processed
All information and data are provided voluntarily by persons submitting an adoption application, in the course of the process of applying for adoption and when concluding the adoption agreement. The website administrator sends a message containing a link to the e-mail address/postal address provided; acceptance of that link is equivalent to giving consent to the processing of personal data under the terms set out in the Privacy Policy and the Personal Data Protection Policy of Fundacja Centaurus.
If you contact the controller, the following data are processed:
- First name and surname.
- E-mail address.
- Telephone number (optional).
- Postal address (optional).
Depending on how contact is made.
Other data provided when submitting an adoption application (the location of the animal, the PESEL number of the adopter, the place of residence of the adopter). We process data from cookies stored on your device under the terms set out in the Cookie Policy.
Legal basis for the processing and use of personal data
- 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) (Text with EEA relevance),
- Act of 10 May 2018 on the Protection of Personal Data (Journal of Laws, item 1000, as amended).
Lawfulness of processing
Article 6 GDPR
Processing shall be lawful only if and to the extent that at least one of the following applies:
- the data subject has given consent to the processing of his or her personal data for one or more specific purposes;
- processing is necessary for the 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;
- processing is necessary for compliance with a legal obligation to which the controller is subject;
- processing is necessary in order to protect the vital interests of the data subject or of another natural person;
- processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
- processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
Point (f) of the first subparagraph shall not apply to processing carried out by public authorities in the performance of their tasks.
Conditions for consent
Article 7 GDPR
Where processing is based on consent, the controller shall be able to demonstrate that the data subject has consented to processing of his or her personal data.
If the data subject’s consent is given in the context of a written declaration which also concerns other matters, the request for consent shall be presented in a manner which is clearly distinguishable from the other matters, in an intelligible and easily accessible form, using clear and plain language. Any part of such a declaration which constitutes an infringement of this Regulation shall not be binding.
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. Prior to giving consent, the data subject shall be informed thereof. It shall be as easy to withdraw as to give consent.
When assessing whether consent is freely given, utmost account shall be taken of whether, inter alia, the performance of a contract, including the provision of a service, is conditional on consent to the processing of personal data that is not necessary for the performance of that contract.
Conditions applicable to child’s consent in relation to information society services
Article 8 GDPR
Where point (a) of Article 6(1) applies, in relation to the offer of information society services directly to a child, the processing of the personal data of a child shall be lawful where the child is at least 16 years old. Where the child is below the age of 16 years, such processing shall be lawful only if and to the extent that consent is given or authorised by the holder of parental responsibility over the child.
Member States may provide by law for a lower age for those purposes provided that such lower age is not below 13 years.
The controller shall make reasonable efforts to verify in such cases that consent is given or authorised by the holder of parental responsibility over the child, taking into consideration available technology.
Paragraph 1 shall not affect the general contract law of Member States such as the rules on the validity, formation or effect of a contract in relation to a child.
Processing of special categories of personal data
Article 9 GDPR
Processing of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation shall be prohibited.
Paragraph 1 shall not apply if one of the following applies:
- the data subject has given explicit consent to the processing of those personal data for one or more specified purposes, except where Union or Member State law provide that the prohibition referred to in paragraph 1 may not be lifted by the data subject;
- processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the controller or of the data subject in the field of employment and social security and social protection law in so far as it is authorised by Union or Member State law or a collective agreement pursuant to Member State law providing for appropriate safeguards for the fundamental rights and the interests of the data subject;
- processing is necessary to protect the vital interests of the data subject or of another natural person where the data subject is physically or legally incapable of giving consent;
- processing is carried out in the course of its legitimate activities with appropriate safeguards by a foundation, association or any other not-for-profit body with a political, philosophical, religious or trade union aim and on condition that the processing relates solely to the members or to former members of the body or to persons who have regular contact with it in connection with its purposes and that the personal data are not disclosed outside that body without the consent of the data subjects;
- processing relates to personal data which are manifestly made public by the data subject;
- processing is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity;
- processing is necessary for reasons of substantial public interest, on the basis of Union or Member State law which shall be proportionate to the aim pursued, respect the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject;
- processing is necessary for the purposes of preventive or occupational medicine, for the assessment of the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services on the basis of Union or Member State law or pursuant to contract with a health professional and subject to the conditions and safeguards referred to in paragraph 3;
- processing is necessary for reasons of public interest in the area of public health, such as protecting against serious cross-border threats to health or ensuring high standards of quality and safety of health care and of medicinal products or medical devices, on the basis of Union or Member State law which provides for suitable and specific measures to safeguard the rights and freedoms of the data subject, in particular professional secrecy;
- processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) based on Union or Member State law which shall be proportionate to the aim pursued, respect the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject.
User rights – what you can request.
Information to be provided where personal data are collected from the data subject
Where personal data relating to a data subject are collected from the data subject, the controller shall, at the time when personal data are obtained, provide the data subject with all of the following information:
- the identity and the contact details of the controller and, where applicable, of the controller’s representative: Fundacja Centaurus – Animality, ul. Skarbowców 23A/BUD B3 53-025 Wrocław, entered in the register of associations, other social and professional organisations, foundations and independent public healthcare institutions kept in the National Court Register by the District Court in Wrocław, 6th Commercial Division of the National Court Register, under KRS number 0000257551, REGON 020319750, NIP 8982093147.
- where applicable, the contact details of the data protection officer: name – Daniel Uszyński, e-mail – [email protected], correspondence address – Kancelaria Adwokacka Uszyński S.K.A., ul. Wł. Broniewskiego 48/127, 01-771 Warszawa,
- the purposes of the processing for which the personal data are intended as well as the legal basis for the processing:
- pursuant to Article 6(1)(a) GDPR, i.e. on the basis of consent given to the processing of personal data (e.g. by accepting the Terms and Conditions),
- pursuant to Article 6(1)(b) GDPR, i.e. where processing is necessary for the performance of a contract to which the data subject is party (e.g. contracts concluded with the Controller),
- pursuant to Article 6(1)(c) GDPR, i.e. where processing is necessary for compliance with a legal obligation (e.g. an obligation of public authorities),
- pursuant to Article 6(1)(e) GDPR, i.e. where processing is necessary for the performance of a task carried out in the public interest (e.g. informing about the controller’s statutory objectives, informing about fundraisers, appeals for help),
- pursuant to Article 6(1)(f) GDPR, i.e. where processing is necessary for the purposes of the legitimate interests pursued by the controller,
- the recipients or categories of recipients of the personal data, if any: the recipients of personal data – other than the controller – will be solely entities entitled to obtain personal data under the provisions of law,
- the period for which the personal data will be stored, or, if that is not possible, the criteria used to determine that period:
- processing pursuant to Article 6(1)(a) GDPR – until consent is withdrawn,
- processing pursuant to Article 6(1)(b) GDPR – for a period of 6 years / or, on the basis of the legitimate interests pursued by the controller, for a longer period,
- processing pursuant to Article 6(1)(c) GDPR – for a period of 50 years,
- processing pursuant to Article 6(1)(e) GDPR – for a period of 5 years or until consent is withdrawn,
- processing pursuant to Article 6(1)(f) GDPR – for a period of 5 years or until consent is withdrawn,
- information about automated decision-making, including profiling: the data will be processed in an automated manner, including in the form of profiling.
User rights – what you can request.
- The user has the right to request from the Controller access to personal data concerning the data subject.
- The user has the right to request from the Controller the rectification of his or her personal data processed by the Controller.
The data subject shall have the right to obtain from the 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. - The user has the right to request from the controller the erasure of his or her personal data processed by the website administrator.
The data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:
- the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
- the data subject withdraws consent on which the processing is based according to point (a) of Article 6(1), or point (a) of Article 9(2), and where there is no other legal ground for the processing;
- the data subject objects to the processing pursuant to Article 21(1) and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2);
- the personal data have been unlawfully processed;
- 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;
- the personal data have been collected in relation to the offer of information society services referred to in Article 8(1).
- The user has the right to request from the controller the restriction of processing of his or her personal data processed by the controller.
The data subject shall have the right to obtain from the controller restriction of processing where one of the following applies:
- 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;
- the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;
- the 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;
- the data subject has objected to processing pursuant to Article 21(1) pending the verification whether the legitimate grounds of the controller override those of the data subject.
- The user has the right to object to the processing of his or her personal data.
The data subject shall have the right to object, on grounds relating to his or her particular situation, at any time to processing of personal data concerning him or her which is based on point (e) or (f) of Article 6(1), including profiling based on those provisions. The controller shall no longer process the personal data unless the 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.
Rules for processing users’ data
Pursuant to Article 13 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 (GDPR), I inform you that:
- the controller of your personal data is Fundacja Centaurus – Animality, ul. Skarbowców 23A/BUD B3, 53-025 Wrocław, entered in the register of associations, other social and professional organisations, foundations and independent public healthcare institutions kept in the National Court Register by the District Court in Wrocław, 6th Commercial Division of the National Court Register, under KRS number 0000257551, REGON 020319750, NIP 8982093147;
- you may contact the data protection officer, Daniel Uszyński, at [email protected];
- your personal data are processed on the basis of explicit consent and for the purpose necessary for the performance of a task carried out in the public interest – pursuant to Article 6(1)(a), (e) and (f) and Article 9(2)(d) GDPR;
- the recipients of your personal data – apart from the controller – will be solely entities entitled to obtain personal data under the provisions of law;
- your personal data will be stored for a period of 10 years;
- you have the right to request from the controller access to your personal data, their rectification or restriction of processing;
- personal data may be processed, including in the form of profiling;
- you have the right to lodge a complaint with a supervisory authority.