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Agreement on joint controlling of personal data

 

concluded in Wroclaw, on 10.06.2021 between: 

1) JP Weber spółka z o.o. with its registered office in Wroclaw, address: Rynek 39/40, 50-102 Wroclaw, registered in the District Court for Wroclaw-Fabryczna in Wroclaw, 6th Commercial Division of the National Court Register under number KRS [National Court Register] 0000253773, NIP [Tax Identification Number]: 8971713155, REGON [National Business Registry Number]: 020248434 (”Joint Controller 1”),

represented  by:

Marcin Dudarski – Member of the Management Board;

2) JP Weber Dudarski Sp. k. with its registered office in Wroclaw, address: Rynek 39/40, 50-102 Wroclaw, registered in the District Court for Wroclaw-Fabryczna in Wroclaw, 6th Commercial Division of the National Court Register under number KRS [National Court Register] 0000286389, NIP [Tax Identification Number]: 8971733169, REGON [National Business Registry Number]: 02058208 (”Joint Controller 2”),

represented  by:

Rafał Gołąb – Proxy;

3) JP Weber Investment Advisory Sp. z o.o. with its registered office in Wroclaw, address: Rynek 39/40, 50-102 Wroclaw, registered in the District Court for Wroclaw-Fabryczna in Wroclaw, 6th Commercial Division of the National Court Register under number KRS [National Court Register] 0000378247, NIP [Tax Identification Number]: 8971770733, REGON [National Business Registry Number]: 02143208 (”Joint Controller 3”),

represented  by:

Grzegorz Piechowiak – Member of the Management Board;

4) JP Weber Accounting & Tax Sp. z o.o. with its registered office in Wroclaw, address: Rynek 39/40, 50-102 Wroclaw, registered in the District Court for Wroclaw-Fabryczna in Wroclaw, 6th Commercial Division of the National Court Register under number KRS [National Court Register] 0000240671, NIP [Tax Identification Number]: 8971707054, REGON [National Business Registry Number]: 020117301 (”Joint Controller 4”),

represented  by:

Ewa Czop – Member of the Management Board;

5) Agencja Rozwoju Aglomeracji Wrocławskiej S.A. with its registered office in Wrocław, address: pl. Solny 14, 50-062 Wroclaw, which company’s documentation is kept in the District Court for Wroclaw-Fabryczna in Wroclaw, 6th Commercial Division of the National Court Register, entered into the Register of Entrepreneurs under number KRS [National Court Register]: 0000248319, NIP [Tax Identification Number]: 8971710346, with a share capital in the amount of PLN 30,090,990.00, paid up in full  (”Joint Controller 5”),

represented by:

Magdalena Okulowska – President of the Management Board

hereinafter collectively referred to as the ”Parties” or the ”Joint Controllers”.

Whereas:

1) The Joint Controller 1 and Joint Controller 5 have concluded the Agreement No. ARAW/F/196/12/2019 of 18 December 2019, (”Main Agreement“),  the subject of which is, inter alia partnership as part of an implemented project under the name ”Invest in Wrocław” (”Project”); 

2) The Joint Controller 1 is part of the JP Weber Group, within which the Parties process personal data subject to this Agreement on a jointly controlled basis;

3) In the performance of the obligations under the Main Agreement, the Parties process personal data;

4) The Parties make joint decisions on the purposes and methods of processing of personal data indicated in this Agreement,

- in order to determine the scope of data processed jointly by the Parties and in order to define the scope of responsibility of the Parties regarding the fulfilment of obligations under the Regulation of the European Parliament and Council (EU) 2016/679 of 27 April 2016 (hereinafter as: GDPR), the Parties have decided to conclude an Agreement as follows:

§1

Subject matter of the Agreement

Under the terms set out in this agreement, the Joint Controllers process personal data set out in § 3 of the Agreement, determining jointly the purposes, forms and scope of this processing.  

§2

Duration of the Agreement

This Agreement has been concluded for the duration of the Main Agreement.

§3

Scope of data

  1. The joint processing of data shall concern the following categories of persons: 

  • Persons contacting the Joint Controllers by phone and via the contact form on the Project’s site;
  • Users of the Website www.invest-in-wroclaw.pl;
  • Persons representing entrepreneurs interested in participating in the Project;
  • Members of business bodies interested in participating in the Project.
  1. The processing shall concern the following categories of personal data: 
  • names;
  • surnames;
  • e-mail addresses;
  • other contact details indicated by the persons referred to in sec. 1;
  • data entered by data subjects in the body of messages sent via the contact form or by e-mail, sent at the initiative of those persons.

§4

Purpose of data processing

Personal data referred to in § 3 shall be processed for the proper performance of the Main Agreement, in particular:

  • Project administration;
  • establishment of economic cooperation between entrepreneurs interested in participating in the Project and the Project's substantive partners;
  • enabling entrepreneurs interested in carrying out investments within the Wroclaw agglomeration to obtain support in the form of multidisciplinary business consulting, including: legal, financial, accounting and tax consulting;
  • presenting entrepreneurs interested in participating in the Project with the commercial offer of the Project's substantive partners;
  • organization of activities aimed at economic promotion of the Wroclaw agglomeration;
  • running and editing of the Project’s website and channels associated with it;
  • development of the structures of the Website and substantive materials for the Website and the Project;
  • establishment of cooperation with the substantive partners of the Project.

§5

Representations of the Parties

  1. The Parties agree that: 
  1. taking into account the risk of violation of the rights and freedoms connected with the violation of the rules of personal data protection, they ensure the appropriate safeguards, both at the level of IT systems, physical, as well as organizational;
  2. each of the Joint Controllers keeps the documentation specifying detailed rules for the protection of personal data, in accordance with the rules provided for in the GDPR;
  3. access to personal data shall only have persons formally authorized to process data;
  4. each person authorized to process data shall be obliged in writing to maintain confidentiality of personal data;
  5. each of the Joint Controllers has implemented rules specifying procedure in the event of a breach of the procedures related to personal data protection. 

§6

Rights of the data subject

  1. The Parties agree that: 
  1. For the fulfilment of the information obligation, referred to in Article 13 and 14 of the GDPR towards customers, beneficial owners and persons authorized to represent customers, the Joint Controllers are jointly responsible. Template of the information clause, agreed by the Joint Controllers, constitutes Annex 1 to this Agreement, which shall be published on the Project’s website in a form that allows data subjects to become acquainted with its content.
  2. Each of the Joint Controllers is responsible for providing the data subject with the possibility to exercise their rights under the GDPR. 
  3. As regards responding to requests from the data subject, competent shall be the Joint Controller, which, in a given case, received the request. The Joint Controllers, taking into account the nature of processing, as far as possible, help themselves, through appropriate technical and organizational measures, fulfil the obligation to respond to requests of data subjects.
  4. The Joint Controller, which received a request related to the exercise of data protection rights, is obliged to immediately inform the second Joint Controller about that fact. 
  5. The Joint Controller, which found a breach as regards personal data protection remains responsible for documentation of that breach, its evaluation and notification to the relevant authority, as well as the fulfilment of information obligations towards the data subject. 
  6. A single contact point is set up, to which the data subject may report in order to exercise their rights related to the protection of personal data. Phone: 0048 71 3699 656, E-mail address: privacy@jpweber.com. The contact point is operated by the Joint Controller 1

§7

Final provisions 

  1. The Agreement has been drawn up in duplicate, one for each of the Parties. 
  2. The Agreement may be terminated by either Party by giving two weeks’ notice. 
  3. The Agreement shall be governed by Polish law and the GDPR. 
  4. Whereas this Agreement has been concluded in connection with and in order to implement the Main Agreement, the Joint Controllers declare that the obligations set out in this Agreement are performed by them within the scope of services set out in the Main Agreement, taking into account all of their obligations.

 

Joint Controller 1

 ____________________________

Marcin Dudarski – Member of the Management Board

JP Weber Sp. z o.o.  

 

Joint Controller 2

 ____________________________

Rafał Gołąb – Proxy

JP Weber Dudarski Sp. k

 

Joint Controller 3

 ____________________________

Grzegorz Piechowiak – Member of the Management Board

JP Weber Investment Advisory Sp. z o.o.

 

Joint Controller 4

 ____________________________

Ewa Czop – Member of the Management Board

JP Weber Accounting & Tax Sp. z o.o.

 

Joint Controller 5

____________________________

Magdalena Okulowska – President of the Management Board

Agencja Rozwoju Aglomeracji Wrocławskiej S.A.

 



Information clause 

Privacy policy

 

This Privacy Policy applies to the rules on the processing of information of the nature of personal data, which were obtained in connection with the use by users of the website Invest in Wrocław under the address https://invest-in-wroclaw.pl/ (”Website”).

  1. Controllers of personal data 

The joint controllers of personal data of users are:

1) JP Weber spółka z o.o. with its registered office in Wroclaw, address: Rynek 39/40, 50-102 Wroclaw, registered in the District Court for Wroclaw-Fabryczna in Wroclaw, 6th Commercial Division of the National Court Register under number KRS [National Court Register] 0000253773, NIP [Tax Identification Number]: 8971713155, REGON [National Business Registry Number]: 020248434 (”Joint Controller 1”),

2) JP Weber Dudarski Sp. k. with its registered office in Wroclaw, address: Rynek 39/40, 50-102 Wroclaw, registered in the District Court for Wroclaw-Fabryczna in Wroclaw, 6th Commercial Division of the National Court Register under number KRS [National Court Register] 0000286389, NIP [Tax Identification Number]: 8971733169, REGON [National Business Registry Number]: 02058208 (”Joint Controller 2”),

3) JP Weber Investment Advisory Sp. z o.o. with its registered office in Wroclaw, address: Rynek 39/40, 50-102 Wroclaw, registered in the District Court for Wroclaw-Fabryczna in Wroclaw, 6th Commercial Division of the National Court Register under number KRS [National Court Register] 0000378247, NIP [Tax Identification Number]: 8971770733, REGON [National Business Registry Number]: 02143208 (”Joint Controller 3”),

4) JP Weber Accounting & Tax Sp. z o.o. with its registered office in Wroclaw, address: Rynek 39/40, 50-102 Wroclaw, registered in the District Court for Wroclaw-Fabryczna in Wroclaw, 6th Commercial Division of the National Court Register under number KRS [National Court Register] 0000240671, NIP [Tax Identification Number]: 8971707054, REGON [National Business Registry Number]: 020117301 (”Joint Controller 4”),

5) Agencja Rozwoju Aglomeracji Wrocławskiej S.A. with its registered office in Wrocław, address: pl. Solny 14, 50-062 Wroclaw, which company’s documentation is kept in the District Court for Wroclaw-Fabryczna in Wroclaw, 6th Commercial Division of the National Court Register, entered into the Register of Entrepreneurs under number KRS [National Court Register]: 0000248319, NIP [Tax Identification Number]: 8971710346, with a share capital in the amount of PLN 30,090,990.00, paid up in full  (”Joint Controller 5”).

The Joint Controllers attach great importance to the protection of privacy and confidentiality of personal data of users of the Website and with due diligence choose and apply appropriate technical and organizational measures to ensure the protection of processed personal data. The Joint Controllers protect personal data against their disclosure to unauthorized persons, as well against their processing in violation of applicable law. Each of the Joint Controllers has implemented data protection policy.

  1. Purposes and bases of processing

The Joint Controllers process information about users in accordance with the law, including in particular in accordance with the provisions of the Regulation of European Parliament and the Council (EU) 2016/679 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/WE (General Data Protection Regulation) (hereinafter: ”GDPR”).

Use of the Website does not require registration by the User. In certain situations providing personal data may be required in order to gain access to a specific service, for example, in the case of using the contact form. In that case, failure to provide data will make it impossible to conduct correspondence. 

The Joint Controllers process data of users of the Website:

1) due to their legitimate interest in the form of maintenance of the Website, conducting correspondence and responding to inquiries (Article 6 paragraph 1 letter f of the GDPR), in the form of:

  • technical service of the Website,
  • correspondence,
  • answering inquiries,
  • establishing economic cooperation between entrepreneurs interested in participating in the "Invest in Wrocław" ("Project") project and the substantive partners of the Project,
  • enabling entrepreneurs interested in carrying out investments within the Wrocław agglomeration to obtain support in the form of comprehensive business consulting, including: legal, financial, accounting and tax consulting. 

2) on the basis of the consent of the data subject (Article 6 paragraph 1 letter a of the GDPR) in order to present a commercial offer entrepreneurs interested in participating in the Project;

The Joint Controllers may process other information about users related to the use of the Website, which is anonymized and does not have the nature of personal data.

In the case of processing by the Joint Controllers of personal data for purposes other than those mentioned above, users are informed thereof separately.

  1. Recipients of data

When performing different types of tasks and projects, carried out using or through the Website, the Joint Controllers cooperate with third parties.

Personal data of users may be made available to the following entities:

  • employees and co-workers of the Joint Controllers, who have been authorized to process personal data;
  • other entities from the capital group of the Joint Controllers 1-4;
  • partners of the Joint Controllers participating in the Project, such as in particular CBRE, HAYS, Knight Frank;
  • entities cooperating with the Joint Controllers, such as recruiting agencies, law firms, IT services, translation agencies;
  • public authorities to whom data may be transmitted due to conducted proceedings and on the basis of applicable law;
  • entities processing data collected by the Website on the basis of concluded entrustment agreements, such as: Google Ireland Ltd.
  1. Retention period

In the event of cooperation under the Project, the personal data provided by the User is stored for the duration of the economic cooperation and / or participation in the Project. In the event of failure to cooperate, personal data is stored for the period of discussions regarding cooperation, until the resignation from the Project.

If the data is processed on the basis of consent, the data will be deleted immediately, no later than within 14 working days from the date of withdrawal of consent, unless there is another basis for their processing for another purpose; then the withdrawal of consent will be tantamount to cessation of processing for the purpose for which the consent was granted.

  1. Rights of the data subject

The User who provided their personal data, has the following rights:

  • access to the content of their data, the purposes and means of their processing,
  • rectification of data,
  • restriction of data processing,
  • erasure of data,
  • transfer of data,
  • objection to processing.

The User may exercise the rights, referred to in above, by contacting any of the Joint Controllers using the contact data indicated in point 7 below.

The User has the right to lodge a complaint with the President of the Office for Personal Data Protection if they consider that the processing of their data by the Joint Controllers violates the applicable law.

If the data is processed on the basis of consent, the User has the right to withdraw consent at any time, which will not affect the lawfulness of processing based on consent before its withdrawal.

  1. Cookie files and Google Analytics

The Website automatically collects data contained in cookie files. By ”cookie files” one should understand information technology data, in particular text files, stored on the terminal devices of users intended for the use of websites. Cookie files are used by the Joint Controller exclusively for the operation of the website, including in order to recognize the user’s device and display Website’s pages in a way that is tailored to their individual needs, and also to create anonymous statistics of the Website and to improve the efficiency and effectiveness of using the Website.

The User may express their consent to saving of cookie files, by ticking the consent in the dialog box regarding cookie files immediately after the loading by the browser of the Website. Expressing the user’s consent to saving of cookie files is voluntary. 

The user in any case may block the installation of cookie files, delete permanent cookie files or in any other way change the conditions of storing or receiving cookie files, using the appropriate options of their internet browser, with the provision that disabling cookie files in the browser may cause difficulties in the use of the Website.

The Website uses Google Analytics, a service of Google Ireland Ltd. (”Google”). Google Analytics uses a specific form of a cookie file, which is stored on the user’s device and enables analysis of the use of the Website. Information on the use of the Website generated by a cookie file is generally transmitted to a Google server in the USA and stored there. The Website uses the functionality of Google Analytics that enables anonymized collection of IP addresses (the so-called IP masking). Thanks to the anonymization of the IP address on this site, the user’s IP address is shortened by Google.

Google uses the collected information in the name of the Joint Controllers to analyze the use of the Website in order to create reports on website traffic and to provide additional services related to the use of the Website. The IP address transmitted by your web browser in the context of Google Analytics is not combined with other Google data. The Joint Controllers use Google Analytics, to be able to analyze and regularly improve the operation of the Website.

When configuring services within Google Analytics, the Joint Controllers took care to ensure that Google obtained those data as a processor and thus it did not have permission to use them for its own purposes. More information on the processing of data by Google can be obtained under the following links:

In view of the above, the Joint Controllers may transfer personal data to third countries. As adequate protection, standard contractual clauses are applicable (Article 46 of the GDPR). The Joint Controllers use automated processing of data. This processing is undertaken taking into account already initiated or completed actions by the User, click behavior on the Website, however it has no legal effects for the User and has no significant impact on their situation. The User, by making changes to the browser settings, can prevent storing of cookie files. 

  1. Final remarks

This Privacy Policy is subject to change, due to technological development and modification of existing standards. Therefore, the Joint Controllers may, periodically, review the Privacy Policy in order to introduce the most current regulations, both legal and technological.

In case of any doubts as to the content of this Privacy Policy, explanations can be obtained by contacting:

Agencja Rozwoju Aglomeracji Wrocławskiej S.A.

RODO / Invest in Wrocław

pl. Solny 14

50-062 Wroclaw

rodo@araw.pl

JP Weber sp. z o.o.

RODO / Invest in Wrocław

Rynek 39/40

50-102 Wroclaw

privacy@jpweber.com