Effective: from 25 May 2018
Table of Contents
III. Data processing guidelines 3
- Definitions 3
- Processing. 6
- Event registration. 7
- Prize draws 7
- Newsletters 7
- Contracts 7
- Making contact 7
- Internal records 8
- Processors 8
- Data security. 9
- Rights and enforcement option of data subjects 10
- Information about personal data processing. 10
- Access to personal data. 10
- Right to rectification. 11
- Right to erasure (“right to be forgotten”) 11
- Right to restriction of processing. 12
- Right to data portability. 12
- Right to withdraw.. 12
- Lodging of complaints with a supervisory authority. 13
- Right for judicial assistance. 13
- Information on personal data breaches 13
The purpose of this document (hereinafter referred to as: “Policy”) is to provide appropriate information about the activities of the Robert Burns International Foundation (hereinafter referred to as: “Controller”) in connection with processing the personal data of natural persons. The information in the Policy is primarily based on relevant provisions in the following Hungarian and EU legislation:
- Regulation (EU) 2016/679 of the European Parliament and of the Council 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, i.e. the European Union’s General Data Protection Regulation (hereinafter referred to as: GDPR)
- Act CXII of 2011 on the Right of Informational Self-Determination and on Freedom of Information (hereinafter referred to as: Information Act);
- Act CVIII of 2001 on Certain Aspects of Electronic Commerce and Information Society Services (E-Commerce Act);
- Act C of 2003 on Electronic Communications (E-Communications Act)
- Act V of 2013 on the Hungarian Civil Code (Civil Code).
The Policy is available in both Hungarian and English and can be found online at www.rbif.hu/privacypolicy as well as on paper at the registered office of the Controller. Please read the Policy carefully.
Name: Robert Burns International Foundation
Registered office / Centre of activity: 1062 Budapest, Bajza utca 54. 1/I/A
Registration number: 01-01-0009493 (Metropolitan Court of Budapest)
Tax number: 18117486-1-42
Telephone: +36 30 894 8488
Email address: [email protected]
Data protection officer: based on Article 37 of the GDPR the Controller is not obliged to designate a data protection officer.
III. Data processing guidelines
During the processing of personal data the Controller shall always bear the following guidelines in mind:
Personal data shall be processed lawfully, fairly and in a transparent manner in relation to the data subject (“lawfulness, fairness and transparency”).
Personal data shall be collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes (“purpose limitation”).
Personal data shall be adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (“data minimisation”).
Personal data shall be accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (“accuracy”).
Personal data shall be kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed (“storage limitation”).
Personal data shall be processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures (“integrity and confidentiality”).
The Controller shall be responsible for, and be able to demonstrate compliance with, these guidelines (“accountability”).
“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;
“Processing” means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
“Restriction of processing” means the marking of stored personal data with the aim of limiting their processing in the future;
“Profiling” means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements;
“Controller” means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law;
“Processor” means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller;
“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;
“Third party” means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data;
“Consent of the data subject” means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her;
“Personal data breach” means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed;
(a) as regards a controller with establishments in more than one Member State, the place of its central administration in the Union, unless the decisions on the purposes and means of the processing of personal data are taken in another establishment of the controller in the Union and the latter establishment has the power to have such decisions implemented, in which case the establishment having taken such decisions is to be considered to be the main establishment;
(b) as regards a processor with establishments in more than one Member State, the place of its central administration in the Union, or, if the processor has no central administration in the Union, the establishment of the processor in the Union where the main processing activities in the context of the activities of an establishment of the processor take place to the extent that the processor is subject to specific obligations under this Regulation;
“Representative” means a natural or legal person established in the Union who, designated by the controller or processor in writing pursuant to Article 27 of the GDPR, represents the controller or processor with regard to their respective obligations under this Regulation;
“Supervisory authority” means an independent public authority which is established by a Member State pursuant to Article 51 of the GDPR;
“Supervisory authority concerned” means a supervisory authority which is concerned by the processing of personal data because:
(a) the controller or processor is established on the territory of the Member State of that supervisory authority;
(b) data subjects residing in the Member State of that supervisory authority are substantially affected or likely to be substantially affected by the processing; or
(c) a complaint has been lodged with that supervisory authority;
“Cross-border processing” means either:
(a) processing of personal data which takes place in the context of the activities of establishments in more than one Member State of a controller or processor in the Union where the controller or processor is established in more than one Member State; or
(b) processing of personal data which takes place in the context of the activities of a single establishment of a controller or processor in the Union but which substantially affects or is likely to substantially affect data subjects in more than one Member State.
“Relevant and reasoned objection” means an objection to a draft decision as to whether there is an infringement of this Regulation, or whether envisaged action in relation to the controller or processor complies with this Regulation, which clearly demonstrates the significance of the risks posed by the draft decision as regards the fundamental rights and freedoms of data subjects and, where applicable, the free flow of personal data within the Union;
“International organisation” means an organisation and its subordinate bodies governed by public international law, or any other body which is set up by, or on the basis of, an agreement between two or more countries.
|Activity||Scope of data processed||Processing objective||Legal basis to processing||Recipient||Storage period|
|Maintaining contact, registration/recording reservations||Consent
Article 6 (1) a) GDPR
Article 49 (1) GDPR
/ until consent is revoked
Article 6 (1) a) GDPR
/ until consent is revoked
Article 6 (1) a) GDPR
/ until unsubscription
|Contracts||Personal data in contract||Fulfilment of contract||Fulfilment of contract
Article 6 (1) b) GDPR
|–||Until fulfilment/expiry/termination of contract|
Article 6 (1) a) GDPR
|GOLDEN HIGHWAY Kft.
/ until consent is revoked
|Fulfilment of legal obligation||Fulfilment of legal obligation
Article 6 (1) c) GDPR
|–||During legal relationship|
The personal data given by data subjects may only be accessed directly by the founder/founders and Curatorium members of the Controller.
The Controller only transfers personal data of data subjects to recipients, which are based in the European Union, or which provide suitable safeguards (e.g. EU–USA privacy shield) that the processing they undertake meets GDPR requirements.
A transfer of personal data to a third country or an international organisation may take place where the Commission has decided that the third country, a territory or one or more specified sectors within that third country, or the international organisation in question ensures an adequate level of protection. Such a transfer shall not require any specific authorisation.
In accordance with Article 13 (2) f) of the GDPR, please note that no automated decision-making, including profiling, takes place during the Controller’s processing activity.
- Event registration
- Prize draws
The Controller organises prize draws at the events it organises. Following prior notification, by handing over their business card guests wishing to take part in the draws freely give their consent to the Controller passing on the personal data on the business card to the sponsors and key partners of the given event for marketing purposes. Information on the detailed rules of the prize draws, the current sponsors and other information on processing shall be provided at the venue upon collecting the data. The legal basis to processing for the prize draws and for maintaining contact is the freely given consent of the data subject. Personal data – name, email – may be stored by the Controller for a period of 5 (five) years from the recording thereof or until such consent is withdrawn.
You may subscribe to newsletters on the Controller’s website or other platforms by filling in the designated consent forms. The legal basis to processing for information purposes is the freely given consent of the data subject. Personal data – name, email – may be stored by the Controller for a period of 5 (five) years from the recording thereof or until unsubscribing from the newsletter service.
If 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, the processing by the Controller shall be lawful. The personal data in the contracts may be stored by the Controller until the performance, expiry or termination of the given contract.
- Making contact
You may initiate communication with the Controller by entering your contact details on the website. Please note that the Controller is not responsible for the content of or any personal data in any message shared through the “messaging” interface on the website, therefore please only share information that would specifically want the Controller to know. The legal basis to processing for maintaining contact is the freely given consent of the data subject. Personal data – name, email – may be stored by the Controller for a period of 5 (five) years from the recording thereof or until such consent is withdrawn.
- Internal records
To perform the legal obligations that apply to the Controller’s organisation, the Controller, as a foundation registered in Hungary, naturally processes the data of its founder / founders, Curatorium members and (if applicable), Supervisory Board members as specified in law that is required to ensure smooth operations (name, address). This personal data is only stored by the Controller for the duration of the legal relationship.
Name: GOLDEN HIGHWAY Kft.
Task: server provision, website operation
Registered office / Centre of activity: 2051 Biatorbágy, Nagy utca 30
Telephone: +36 30 949 6967
Email address: [email protected]
Name: The Rocket Science Group, LLC d/b/a MailChimp
Task: storage of data subjects’ names and email addresses, newsletter management
Registered office / Centre of activity: 512 Means St., Suite 404, Atlanta, GA 30318, USA
Telephone: +1 678 999 0141
Email address: [email protected]
The processor carries out the processing based on instructions from the Controller and may make no substantial decisions affecting the processing; any personal data it becomes aware of may only be processed in accordance with the Controller’s instructions, it may not process for its own purposes, and it must store, retain and keep in confidence the personal data in accordance with the Controller’s instructions. The processor shall not engage another processor without prior specific or general written authorisation of the Controller.
Cookies are packets of different information sent by the web server that are stored on the user’s computer and facilitate the querying of certain data. Cookies are short text files that viewed websites place in the browser of the user’s computer, mobile phone or other device providing internet access. The cookies do not access your system and do not damage your files.
Cookies can be “permanent” or “temporary” in nature. Permanent cookies are stored by browsers for a defined period, provided they are not deleted earlier by the user, while temporary cookies are not stored by the browser and are deleted automatically when the browser is closed. Cookies are “passive” files, i.e. they do not contain any executable programmes or viruses, or spyware, and do not access the data on the user’s hard-drive. Please note that these cookies cannot identify the visitor.
You may delete cookies at any time from your own computer and can prevent them from being used in your browser.
VIII. Social media plug-ins
The website uses embedded plug-ins from Twitter Inc. (1355 Market St, Suite 900, San Francisco, CA 94103, USA; “Twitter”) and Facebook Inc. (1601 S. California Ave, Palo Alto, CA 94304, USA; “Facebook”) as well. The related services are generally provided by Twitter and Facebook (hereinafter collectively referred to as: “Service Providers”). The plug-in tells the Service Provider which websites you opened. If you are logged into your user account when browsing our website, the Service Providers can compare the information you are interested in (i.e. what you accessed) with your user account. If the plug-in functions are used (for example comments) then the browser sends this information directly to the Service Provider for safe-keeping too.
More information on Facebook’s privacy policies can be found here: http://www.facebook.com/policy.php
More information on Twitter’s privacy policies can be found here: https://twitter.com/privacy
If you do not want the Service Providers to link your access of our website to your user account, you must log out of your user account before opening our website.
IX. Data security
The Controller ensures the risk-commensurate security of data, takes all the technical and organisational measures and develops the procedural rules required for compliance with the GDPR, the Information Act as well as other data protection and privacy rules. Using risk-commensurate measures, the Controller protects data in particular against unlawful access, change, forwarding, publication, erasure or destruction, and against accidental destruction and damage, furthermore against becoming inaccessible due to a change in the technology used. As part of this the Controller stores your personal data protected with a password and/or in an encrypted database. The risk-commensurate protection involves the Controller protecting the data with firewalls, antivirus programmes, encryption mechanisms, content filters and other technical and process solutions. Personal data breaches are constantly monitored.
X. Rights and enforcement option of data subjects
The rights listed in the points below can be exercised in an application submitted to the Controller verbally or in writing. The Controller’s contact details can be found in Section II of the Policy.
- Information about personal data processing
At the request of the data subject the Controller shall provide information on the data subject’s data managed by the Controller or by a designated processor, the source of such data, the purpose, legal basis and duration of the processing, the name and address of the processor, the processing activity, the circumstances and impacts of any personal data breach and the action taken to rectify it, furthermore, if the data subject’s personal data is transferred, the legal basis thereof and the recipient of the data.
The Controller shall respond to the data subject’s application and provide this information in writing within the shortest period possible from submission of the application, but within no more than 25 days, using understandable language.
- Access to personal data
The data subject shall have the right to obtain from the Controller confirmation 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 processing;
(b) the categories of personal data concerned;
(c) the recipients or categories of recipient 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.
Where personal data are transferred to a third country or to an international organisation, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.
The Controller shall provide the data subject with a copy of the personal data undergoing processing. For any further copies requested by the data subject, the controller may charge a reasonable fee based on administrative costs. Where the data subject makes the request by electronic means, and unless otherwise requested by the data subject, the information shall be provided in a commonly used electronic form.
The right to obtain a copy shall not adversely affect the rights and freedoms of others.
- Right to rectification
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.
- Right to erasure (“right to be forgotten”)
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:
(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 the processing and there are no overriding legitimate grounds for the processing;
(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;
- f) the personal data have been collected in relation to the offer of information society services.
If the Controller has published the personal data and they need erased in line with the above, then taking account of available technology and the cost of implementation the Controller 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.
The data cannot be erased if the processing is required for exercising the right of freedom of expression and information, for compliance with a legal obligation which requires processing by Union or Member State law to which the Controller is subject, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Controller; for reasons of public interest in the area of public health or for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, or for the establishment, exercise or defence of legal claims.
- Right to restriction of processing
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) 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; or
(d) the data subject has objected to processing pending the verification whether the legitimate grounds of the Controller override those of the data subject.
Where processing has been restricted as 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.
A data subject who has obtained restriction of processing shall be informed by the Controller before the restriction of processing is lifted.
The Controller shall communicate any rectification or erasure of personal data or restriction of processing carried out to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort. The Controller shall inform the data subject about those recipients if the data subject requests it.
- Right to data portability
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 or on a contract; and
(b) the processing is carried out by automated means.
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. The exercise of this right shall be without prejudice to the right to erasure. The mentioned right 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. The right referred to in this paragraph shall not adversely affect the rights and freedoms of others.
- Right to withdraw
The data subject is entitled to withdraw consent to the processing of his or her personal data at any time, without affecting the lawfulness of processing based on consent before its withdrawal.
- Lodging of complaints with a supervisory authority
To assert rights associated with the protection of personal data, complaints may be lodged with the National Authority for Data Protection and Freedom of Information, based on which an official data protection procedure is/may be launched. If the procedure of the data protection authority is preceded by an investigation based on a report, the person making the report must be informed of the start and completion of the official procedure.
Name: Hungarian National Authority for Data Protection and Freedom of Information
Registered office: 1125 Budapest, Szilágyi Erzsébet fasor 22/C.
Correspondence to: 1530 Budapest, Pf.: 5.
Telephone: 06 1 391 1400
Fax: 06 1 391 1410
Email: [email protected]
- Right for judicial assistance
The data subject may turn to a court if his or her rights are infringed. The court will handle the case forthwith. The Controller must prove that the processing was in line with laws and regulations. The legal action may be launched at the competent court for the residence of place of abode of the data subject. Someone without legal capacity in the action may also be a party to the legal action. The Hungarian National Authority for Data Protection and Freedom of Information may intervene in the action for the benefit of the data subject.
If the court finds in favour of the application, the Controller is obliged to provide information, correct, block or erase the data, abolish the decision regarding automated processing, and take into account the data subject’s right to object.
The court may publish its ruling – disclosing the Controller’s details – if this is required in the interests of data protection and the rights of a large number of data subjects protected under this law.
XI. Information on personal data breaches
When the personal data breach is likely to result in a high risk to the rights and freedoms of natural persons, the Controller shall communicate the personal data breach to the data subject without undue delay.
The communication to the data subject referred shall describe in clear and plain language the nature of the personal data breach and contain at least the name and contact details of the data protection officer, the likely consequences of the personal data breach and the measures taken or proposed to be taken by the Controller to address the personal data breach, including, where appropriate, measures to mitigate its possible adverse effects.
The communication to the data subject shall not be required if any of the following conditions are met:
(a) the Controller has implemented appropriate technical and organisational protection measures, and those measures were applied to the personal data affected by the personal data breach, in particular those that render the personal data unintelligible to any person who is not authorised to access it, such as encryption;
(b) the Controller has taken subsequent measures which ensure that the high risk to the rights and freedoms of data subjects concerned is no longer likely to materialise;
(c) it would involve disproportionate effort. In such a case, there shall instead be a public communication or similar measure whereby the data subjects are informed in an equally effective manner.
If the Controller has not already communicated the personal data breach to the data subject, the supervisory authority, having considered the likelihood of the personal data breach resulting in a high risk, may require it to do so or may decide that any of the necessary conditions are met.
XII. Final provisions
Please note that the court, the public prosecutor, investigative authorities, infringement authorities, public administration authorities, the National Authority for Data Protection and Freedom of Information, and other bodies based on laws and regulations may contact the Controller for information, the disclosure and hand over of data, and for the provision of documents.
Provided the authority has specified the precise purpose and scope of data, the Controller may only hand over personal data to the authority in the quantity and to the extent that is absolutely necessary to achieve the goals behind the contact with the Controller.
Detailed information on data processing not included in the Policy is given upon accepting the data. The Controller reserves the right to make changes to the Policy’s content at any time, at its discretion. Amendments to the Policy enter into force upon their disclosure on the website, and therefore we recommend inquiring about any changes on a regular basis.
Last updated: 3 December 2018