PRIVACY NOTICE
in relation to relocation of third-country employees

1.  Personal data processed:

For the purposes of managing and assisting in the relocation process of employees of a third-country (hereinafter referred to as “Employee”) as data subjects, carrying out the administrative activities relating to relocation and post-relocation, as well as managing the tasks related to an apartment leasing agreement on behalf of the Employee, preparing the lease contract and carrying out the related communication, the following personal data shall be processed relating to the Employee: name, date of birth, place of residence, e-mail address, telephone number, VAT number, Hungarian social security (TAJ) number and other personal data voluntarily provided by the data subject. Furthermore, personal data required during the administration process as set forth in Act XC of 2023 on the General Rules for the Entry and Residence of Third-Country Nationals. In addition, personal data relating to the lessor (hereinafter referred to as “Lessor”) within the process of conclusion of the rental contract, preparation and administrative tasks relating thereof. The Employee and the Lessor, shall hereinafter be collectively referred to as Data Subjects.

2.  Data controller:

HSA Relocation Ltd. (hereinafter Data Controller or Controller)
(registered seat: 4025 Debrecen, Széchenyi street 48., company registration number: 09 09 017314)

3.  Contact details to the Data Protection Officer:

E-mail: miklos.peter@hsagroup.hu

4.  Purpose of the intended processing of personal data:

Management and assistance of the Employee concerning the relocation and settlement of Employee and contact with aforementioned Employee.
The purpose of processing of personal data is to take, record and monitor administrative measures following the conclusion of the relocation.
The purpose of the processing of the data relating to the lease agreement is the preparation of the aforementioned agreement, the conclusion with the Lessor thereof, additionally, assistance in the related communication in between the Lessor and Employee.

5.  Legal basis for processing:

With regard to the administration of the relocation and the preparation and conclusion of the lease agreement and providing of contact with the Lessor, the processing of data is necessary for the performance of contracts (i.e. the employment and lease agreements) to which the data subject is a party to or in order to take steps at the request of the data subject prior to entering into a contract, pursuant to Article 6 (1) (b) (contract) of Regulation 2016/679 of the European Parliament and of the Council (GDPR).

Following the conclusion of the relocation, the processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party in accordance with Article 6 (1) (f) of the GDPR (legitimate interest).

6.  Categories of recipients of personal data:

Employees of the Data Controller that, during the performance of their duties, are required to access data.

7.  Data processor:

The Data Controller shall store the data of the data subject electronically, in the HRmaster software system.

Name: Evolution Consulting Ltd.
Registered seat: 3515 Miskolc Egyetemváros AFKI, 2nd floor
Contact: info@evolution-consulting.hu

8.  The storage period of personal data:

The Data Controller shall store the personal data for a period of 6 months from the date of the termination of the Employee’s residence permit or until the notification of an objection occurs.

The Data Controller shall resort to use the photocopies of the documents for the purpose of administrative procedures specified in Act XC of 2023 to the extent necessary for the procedures thereunder and shall erase them upon completion of the purpose of the administrative procedures.

In the event the relocation is unsuccessful, i.e. the purpose of the administrative procedure for relocation fails, the Data Controller shall erase all data within 1 month following the completion of the procedure.

The personal data relating to the Employee’s lease agreement shall be stored by the Data Controller for 6 months following the termination of the lease agreement concluded by the Employee.

9.  Data security measures

The data processing activities will be conducted both electronically and paper based.

The Data Controller stores all data – with the exception of data stored by the data processors – on its own equipment, in a data center. Both the IT system and network of the Data Controller are protected by firewalls against malicious codes and computer viruses. The operator shall ensure appropriate security through server-level and application-level protection measures. The Data Controller shall make its best effort to ensure that its IT tools and software continuously comply with the technological solutions generally accepted in the market operations.

The security of the data stored on documents (forms) shall be ensured by the Data Controller by storing the documents following the processing thereof, in a locked space at the Controller’s registered seat, to which only competent employees shall have access to.

The data of the data subject may be accessed by the Controller’s employees and other staff employed on other legal basis to the extent and for the duration necessary for the performance of their duties. The Data Controller shall take all necessary measures to ensure that the access codes are not disclosed to unauthorized persons.

10. Rights of data subjects:

  • Right of access to personal data concerning the data subject:

The Data Subject shall have the right to obtain confirmation from the Controller 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 recipients to whom or which the personal data have been or will be disclosed to, including in particular recipients in third countries or international organizations;
d.      where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine the storage 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.      whereas the data are not collected directly from the Data Subject, any available information as to their source;
h.     the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) 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;

The controller shall provide 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.

  • 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 complete 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 fro 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 apply:

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 objects to the processing and there are no overriding legitimate grounds for the processing, or the Data Subject objects to the processing for direct marketing purposes;
c.     the personal data have been unlawfully processed;
d.     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 to;
e.     the personal data have been collected in relation to the offer of information society services referred to in Article 8(1).

Where the Controller has made the personal data public and is obliged pursuant to the above 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.

The erasure shall not apply to the extent that processing is necessary:

a.      for exercising the right of freedom of expression and information;
b.      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;
c.       for reasons of public interest in the area of public health in accordance with points (h) and (i) of Article 9(2) as well as Article 9(3);
d.      for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) in so far as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of             the objectives of that processing; or
e.      for the establishment, exercise or defense of legal claims.

  • Right of 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 defense of legal claims;
d.      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.

Where processing has been restricted for reasons outlined 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 defense 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 object:

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 defense of legal claims.

  • 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 abovementioned 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 the 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 to data portability shall not adversely affect the rights and freedoms of others.

11. Provision of information

We shall provide information by electronic means on the measures taken following any requests referred to in point 10 within a maximum of on month of the receipt of the request, or 15 days in the event of an objection, unless otherwise requested by the Data Subject. This time limit may be further extended by two months where necessary, having regard to the complexity of the request or the number thereof. We shall inform the User of the extension of the deadline, outlining reasons for the extension, within one month following the receipt of the request. At the request of the Data Subject, information may be provided orally, provided that he or she proves his or her identity by other means.

In the event that we do not act on the request, we shall inform the User of the reasons for not doing so within one month following the receipt of the request at the latest, and of the right to lodge a complaint with the NAIH and to exercise the right to seek redress.

12. Remedies

The right to lodge a complaint with the supervisory authority:
Hungarian National Authority for Data Protection and Freedom of Information (NAIH)
Address: 1055 Budapest, Falk Miksa street 9-11.
Telephone: +36 -1-391-1400
Fax: +36-1-391-1410
E-mail: ugyfelszolgalat@naih.hu

Enforcement of rights: the burden of proof that the data processing is lawful is on the Controller. The burden of proof of the lawfulness of the data tranfer lies with the recipient. The General Court has jurisdiction over such case. Actions may also be brought, at the discretion of the Data Subject, before the courts of the place of abode or residence of the Data Subject.

This Privacy Notice applies to the data processing activities of HSA Relocation Ltd. as the Data Controller. In the event a contract specifies a data processing activity for HSA Relocation Ltd., the obligation to provide information on the processing activities shall fall on the Data Controller.