PRIVACY AND PERSONAL DATA PROCESSING POLICIES
The project "Raising awareness on the phenomenon of mobbing against migrant workers, and enhancing intervention methods for managers, HR professionals, and other workers" (hereinafter “Talk2Me”), by virtue of the Charter of fundamental rights of the European Union, article 8, through which provisions are established for the protection of personal data, notifies the Holders of Personal Data processed in any way by Talk2Me through academic and research events organized and / or developed by the Talk2Me's consortium[1], this policy for processing of information (the "Policy").
The main purpose of this Policy is to inform the Holders of Personal Data of the rights that are due to them, the procedures and mechanisms provided by Talk2Me to put into effect those rights of the Holders, and to inform them of the scope and purpose of the processing to which the Personal Data will be submitted in case the Holder grants his express, prior and informed authorization.
Talk2Me is committed to the compliance of the aforementioned regulation and the protection of the rights of individuals, and informs its stakeholders that it adopts the following policies on the collection, processing and use of personal data.
1. LEGAL FRAMEWORK
- Charter of fundamental rights of the European Union, article 8
- General Data Protection Regulation (Regulation (EU) 2016/679)
2. DEFINITIONS
In accordance with current legislation on the matter, the following definitions are established, which will be applied and implemented taking into account the criteria for interpretation that guarantee a systematic and comprehensive application, and in line with technological advances, technological neutrality and other principles and premises that govern the fundamental rights that encircle, orbit and surround the right of habeas data and protection of personal data.
a) 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.
b) 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, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
c) Restriction of processing: means the marking of stored personal data with the aim of limiting their processing in the future
d) Authorization: Prior, express and informed consent of the holder to carry out the Processing of personal data.
e) Authorized: Refers to all persons who, under the responsibility of the Company or the persons in charge, may conduct Personal Data Processing.
f) Privacy notice: Verbal, written or sent communication through any current technological means issued by the Responsible party, or by any third party designated by him/her, for the purposes, addressed to the Holder for his/her Personal Data Processing, through which he/she will be notified about the current policies of Personal Data Processing that will be applicable, the way to access those policies and the purposes of the processing that will be given to the personal data provided.
g) Database: Organized set of personal data that is subject of processing.
h) Personal datum: Any information linked, or that may be associated, to one or more specific or specifiable natural persons.
i) Private datum: It is the datum that due to its private or confidential nature, is only relevant to the Holder.
j) Sensitive datum (data): Sensitive data is understood as those that affect the privacy of the Holder or whose improper use may result in discrimination towards the Holder, such as those that reveal racial or ethnic origin, political orientation, religious or philosophical beliefs, membership to Unions, social, human right organizations, or that promote the interests of any political party or that guarantee the rights and guarantees of opposition political parties, as well as data related to health, sex life and, biometric data, among others; the capture of still or moving image, fingerprints, photographs, iris image, voice, facial or palm recognition, etc.
k) Person in charge of the processing: Natural or legal person, public or private, who by himself or in association with others, performs the processing of personal data on behalf of the person responsible for the processing.
l) Person responsible for the processing: Natural or legal person, public or private, who by himself or in association with others, decides on the database and / or the processing of the data.
m) Holder: Natural person whose personal data are processed.
n) Processing: Any operation or set of operations on personal data, such as collection, storage, use, circulation or deletion thereof.
And the complementary definitions of article 3 of the General Data Protection Regulation (Regulation (EU) 2016/679)
3. PRINCIPLES
Talk2Me will define its Personal Data Processing Policy in accordance with the following principles.
- Principle of finality: The Processing of Personal Data shall be in line with a legitimate purpose in accordance with the General Data Protection Regulation (Regulation (EU) 2016/679) and the complementary law, which must be informed to the Holder.
- Principle of freedom: The processing can only be practiced with prior, express and informed consent of the Holder. Personal Data may not be obtained or disclosed without prior consent, or in the absence of a legal or judicial mandate that discontinues consent.
- Principle of veracity or quality: The information subject to Processing must be truthful, complete, exact, updated, verifiable and understandable. The processing of partial, incomplete, fractionated or misleading data is prohibited.
- Principle of Transparency: The Processing must guarantee the right of the holder to obtain, at any time and without restrictions, information about the existence of data concerning him/her.
- Principle of access and restricted circulation: Personal data, except public information, may not be available on the Internet or other mass media, unless the access is technically controllable to offer knowledge restricted only to the Holder(s) or third parties authorized under the Law.
- Principle of security: Information subject to Processing must be handled with the necessary technical, human and administrative measures to grant security to the records avoiding their adulteration, loss, consultation, use or unauthorized or fraudulent access.
- Principle of confidentiality: All persons involved in the Processing of Personal Data are obliged to guarantee the reservation of the information, even after ending their relationship with any of the tasks that the processing comprises, and may only supply or communicate Personal Data when this corresponds to the development of the activities expressly authorized in the Law.
4. PROCESSING AND PURPOSES
Talk2Me will conduct the Processing of Personal Data for the fulfillment of the activities of its corporate purpose, in conformity with the provisions of the General Data Protection Regulation (Regulation (EU) 2016/679) and other complementary provisions. The Processing may be conducted through electronic, physical, automated means and / or using any known or to be known digital means, which may vary depending on the way of collecting information.
The processing of the personal data of any person with whom Talk2Me had established or established a relationship, permanently or occasionally, will be conducted within the legal framework that regulates the matter and by virtue of its condition of academic and cultural association.
4.1. The Personal Data processed by Talk2Me must be submitted strictly and only for the purposes indicated below. Likewise, the persons in charge or third parties who have access to the Personal Data by virtue of Law or contract, will maintain the Processing within the following purposes:
(i) The proper development of its corporate purpose, including the use of data for the execution of its activities;
(ii) Validate the information in compliance with the legal requirement of knowledge of the user applicable to Talk2Me;
(iii) Properly provide high quality training and education services for multidisciplinary professionals;
(iv) For communicating future activities like the development of market research, statistics, etc., that allow Talk2Me's competitiveness;
(v) To address in an efficient and timely manner the health and / or emergency requirements that might arise during the provision of the service;
(vi) For communicating future activities like the development of advertising campaigns, promotional material, etc., on social networks and the media.
(vii) Manage all the information necessary to comply with Talk2Me's tax obligations and, business, corporate and accounting records.
(viii) Comply with Talk2Me's internal processes in terms of administration of suppliers and contractors.
(ix) Keep and process, by computer or other means, any type of information related to the patient's health status with the purpose of providing relevant services and products (if applicable).
(x) Security and improvement of service and the experience of the Holder through any application, social network and / or web portal used by Talk2Me.
(xi) All other purposes determined by those responsible for Personal Data collection for its due processing and which are communicated to the Holders at the time of collecting them.
4.2. Processing of sensitive data. Data categorized as sensitive may be used and processed when:
(i) The Holder has given his/her explicit authorization for such processing, except in cases where said authorization is not required by law.
(ii) The Processing is necessary to safeguard the vital interest of the holder and in case he/she is deprived of his/her physical or legal capacities. In such events, legal representatives must grant the authorization.
(iii) The Processing has a historical, statistical or scientific purpose. In this event, measures leading to suppression of the identity of the Holders must be adopted.
The Personal Data provided by the Holder will be processed and used only for the purposes set forth herein, and for a period counted from the moment the authorization was granted until the period Talk2Me determines to be effective.
Talk2Me guarantees that the mechanisms through which it makes use of Personal Data are safe and confidential, since they have IT security mechanisms and suitable technological means to ensure that they are stored in such a way that unwanted access is prevented by third parties.
5. OBLIGATIONS OF TALK2ME PROJECT
As the party responsible for the Processing of Data, Talk2Me agrees with the Holders of Personal Data to:
a) Guarantee the Holder of the information, at all times, the full and effective exercise of the right of habeas data;
b) Keep and process by computer or other means, any type of information related to the business, in order to provide the relevant services and products;
c) Request and keep a copy of the respective authorization granted by the holder for the processing of personal data;
d) Duly inform the holder about the purpose of the collection and the holder's rights under the authorization granted;
e) Keep the information under the necessary security conditions in order to prevent its adulteration, loss, consultation, use or unauthorized or fraudulent access;
f) Timely update the information, considering this way all news concerning the owner's data;
g) Rectify the information when it is incorrect;
h) Process the enquiries and claims formulated in the terms indicated by the current Talk2Me’s Personal Data Processing Policy;
i) Inform the Holder, at his/her request, about the use given to his/her data;
j) Inform the data protection authority when there are violations of the security codes and when the administration of the information of the Holders is at risk;
k)Use only data whose processing is previously authorized according to the provisions of the General Data Protection Regulation (Regulation (EU) 2016/679);
i) Inform through any electronic means the new mechanisms implemented so that the Holders of the information make their rights effective, as well as any modification to the Personal Data Processing Policy;
6. RIGHTS OF THE PERSONAL DATA HOLDER
In accordance with laws currently in force, the Personal Data Holders have the following rights:
a) Know, update and rectify their Personal Data before Talk2Me or those in charge of the processing. This right may be exercised, among others, against partial, inaccurate, incomplete, fractionated, misleading data, or data whose Processing is expressly prohibited or not authorized;
b) Request proof of the Authorization granted to Talk2Me, unless the Law indicates that said Authorization is not necessary;
c)Submit requests to Talk2Me or the person/entity in charge of the Processing regarding the use that has been given to their Personal Data, and that they provide such information to them;
d) Request access and gain access, free of charge, to their Personal Data that have been processed in accordance with article 15 of the General Data Protection Regulation (Regulation (EU) 2016/679);
e) Know the modifications to the terms of this Policy efficiently and in advance of the implementation of the new modifications or, failing that, of the new information processing policy.
f) Have easy access to the text of this Policy and its modifications.
g) Access, in an easy and simple way, to the Personal Data that are under the control of Talk2Me to effectively exercise the rights that the Law grants Holders.
h) Know the unit in charge or the person empowered by Talk2Me before whom they can submit complaints, queries, claims and any other request about their Personal Data. The Holders may exercise their rights under the Law and conduct the procedures established in this Policy, by presenting their national ID card or original identification document.
7. AUTHORIZATION AND CONSENT
The collection, storage, use, circulation or suppression of personal data by Talk2Me, requires the free, prior, express and informed consent of the Holder thereof. In compliance with current legislation, Talk2Me has adopted the following mechanisms to obtain authorization or ratification from the Holder of Personal Data:
7.1 Means and manifestations to grant the Authorization.
The Authorization may be granted in a physical or electronic document, text message, Internet, websites, in any other format that guarantees its subsequent consultation, or through an appropriate technical or technological mechanism that allows to express or obtain the consent of the Holder, whereby it can be unequivocally concluded that if a Holder's conduct had not taken place, the data would have never been collected and stored in the database.
For the purposes, Authorization is understood as that given through technological mechanisms such as, but not limited to, a "click" of acceptance of our Terms and Conditions and the Personal Data Processing Policy, when entering the data for sending emails or "Newsletter"; completing forms on the project website https://www.talk2me-euproject.com/
With this procedure of Agreed Authorization, it is expressly guaranteed that the Personal Data Holder knows and accepts that Talk2Me will collect, store, use, clean, analyze, circulate, transmit, transfer, update or delete, according to the Law, the information for the purposes for which it is informed prior to granting the authorization, and for the purpose contained on this document.
The Authorization requested by Talk2Me will establish as a minimum:
(i) The complete identification of the person from whom Personal Data are collected;
(ii) The Authorization referred to in numeral 6.1;
(iii) The purpose of the Processing of Personal Data, and;
(iv) The rights of access, correction, update or deletion of the Personal Data provided by the Holder thereof.
7.2 Proof of Authorization.
Talk2Me will use its current mechanisms and will implement and adopt the necessary and tending actions to keep suitable technical or technological records or mechanisms of when and how it obtained authorization from the holders of personal data for their Processing. To comply with the foregoing, paper files or electronic repositories can be created directly or through third parties contracted for such purpose.
8. RESPONSIBLE AREA AND PROCEDURE FOR THE EXERCISE OF THE HOLDER’S RIGHTS
The Holder, his representative, his successor or his attorney-in-fact may present, at any time, queries, requests and / or claims before Talk2Me to know, update, rectify, request the deletion of his Personal Data and / or revoke the authorization. For this reason, it is the responsibility of the entire team of direct and indirect Talk2Me staff members, without exception, to comply with the Information Processing Policy, and especially with due attention to the requests, complaints and claims that the Holder submits to the company for this concept.
To exercise his/her rights, the Holder or whoever acts on his/her behalf and representation, to comply with the Information Processing Policy, and especially with due attention to the requests, complaints and claims that the Holder submits to the company for this concept.
To exercise his/her rights, the Holder or whoever acts on his/her behalf and representation, may submit requests, complaints and / or claims before Talk2Me by the following means:
(i) Email to: [email protected]
(ii) Tel.: +49 173 111910
The area responsible for the management and Processing of the Databases, as the case may be, will always be the person in charge of the customer service department, who will be in charge of handling the requests, complaints and claims filed by the Holder in exercise of his rights. Whatever means used, the person in charge will keep proof of the query and its response.
The attention of a query, request, complaint or claim, in writing, by email, electronic means, phone or verbally, will be handled according to the following procedure:
8.1 Consultation
When the main request is a query, that is, to consult personal information of the Holder that resides in the Talk2Me Databases, the procedure will be as established here:
(i) The query will be formulated by filling out the Talk2Me formats for Petitions, complaints and claims available by email: [email protected]
(ii) Once the query has been received, a response must be sent to the Holder, whatever it may be, within ten (10) business days following the date when the query was received.
(iii) If it is not possible to answer the consultation within the aforementioned period, the Holder must be notified, explaining the reasons for the delay and indicating the date on which the consultation will be responded, which may not exceed five (5) business days following the expiration of the first term.
8.2 Claim
When the main request is a claim, that is, when the Holder considers that the information contained in the Talk2Me Databases should be subject to correction, updating or deletion by Talk2Me, the procedure will be as established here:
(i) The claim will be lodged through a request addressed to the person Responsible or in charge of the Information, with the Holder's identification number, the description of the events that give rise to the claim, the address and the documents considered necessary.
(ii) If the claim is incomplete, the Holder, or whoever acts as him, will be required within five (5) business days after receipt of the claim to correct errors.
(iii) If, after two (2) months from the date of the correction request, the Holder or whoever acts as him, does not submit the requested information, it will be understood that the claim has been withdrawn.
(iv) Once a claim is received with full requirements, it must be included in the databases in a term not exceeding two (2) business days, identifying it as "claim in process" and the reason for it. Such label must be kept until a decision is made on the claim.
(v) If, after two (2) months from the date of the correction request, the Holder or whoever acts as him, does not submit the requested information, it will be understood that the claim has been withdrawn.
(vi) The maximum deadline to respond to the claim will be fifteen (15) business days counted from the next day after it is received. When it is not possible to respond the claim within this term, the interested party will be informed of the reasons for the delay and the date on which his claim will be responded, which may not exceed eight (8) business days following the expiration of the term.
(vii) In the event that Talk2Me receives a claim and is not competent to resolve it, Talk2Me will transfer the claim to whom it may concern, to the extent possible, within a maximum term of two (2) business days and will inform the interested party of the situation.
(viii) When the request is made by a person other than the Holder and it is not proven that the person acts on his/her behalf, the request shall be deemed as not filed.
9. RECTIFICATION, UPDATE AND DELETION OF PERSONAL DATA
As established in the provisions of numeral 8 above, Talk2Me will rectify, update or delete, at the Holder’s request, any type of information according to the procedure and the terms indicated in the previous article. In the case of rectification and / or update, the proposed corrections must be duly substantiated.
The information Holder will have the right, at all times, to request the total or partial deletion of his/her Personal Data and for this the procedure, established in point 8 above, will be followed. Talk2Me can only deny the deletion when:
i) The Holder has the legal and / or contractual duty to remain in the database;
ii) The deletion of the data hinders ongoing judicial or administrative proceedings, and;
10. INFORMATION SECURITY MEASURES
Talk2Me will adopt the technical, human and administrative measures that are necessary to grant security to the records, avoiding their adulteration, loss, consultation, or unauthorized or fraudulent access or use; these measures will respond to the minimum requirements of the legislation in force.
11. AUTHORIZATION OF COMMUNICATIONS THROUGH EMAIL AND / OR SOCIAL NETWORKS
With the collection and due processing of personal data, Talk2Me will use any electronic means to send communications to its beneficiaries and / or anyone who participates in its self-assessment tool. The information may contain, but is not limited to, services, research, publications and academic events conducted by Talk2Me.
12. DESIGNATION OF THE RESPONSIBLE PERSON
The project coordinator, or whoever is acting on their behalf, will fulfill the function of protecting Personal Data, as well as processing the requests of the Holders, for the exercise of the rights of access, consultation, rectification, update, deletion and revocation referred to the GDPR, all other norms that regulate or complement them and the Personal Data Processing Policy.
13. VALIDITY
This Policy is effective as of [01/05/2024]. Personal Data that are stored, used or transmitted will remain in our Database, based on the criteria of temporality and necessity, for as long as necessary, for the purposes mentioned in this Policy for which they were collected.
Databases in which personal data will be recorded shall be valid for a period equal to the time that the information is kept and used for the purposes described in this policy. Once these purposes are fulfilled and, as long as there is no legal or contractual duty to retain your information, your data will be removed from our databases.
Sincerely,
Talk2Me Project partners
*The Talk2Me consortium is formed by Wasla | Arabisch Deutsches Center für Dialog (Germany) and Aproximar (Portugal), The European Association for Social Innovation (Romania), Magnetar (Cyprus), San Giuseppe Onlus (Italy), K-Gem (Turkey) [1]
