3.1. Conclusion and performance of contracts

This section applies to contracts concluded in the course of our business, i.e. contracts that we enter into with our customers or subcontractors, collaborators, suppliers. Employment contracts and other employment relationships are not covered by this clause.

In relation to the contracts covered by this point, personal data processing may take place where our contracting partner is a sole trader, which necessarily involves the processing of personal data. In such a case, all data relating to, connected with or in connection with the contract which comes to our knowledge concerning our partner shall be considered as personal data of our partner.

If our contracting partner is a company (legal person), personal data are processed essentially in relation to the contact person acting on behalf of the partner or designated by the partner.

What is the purpose of the data process?

If our contracting partner is a sole trader, the purpose of processing their personal data is the establishment, registration and performance of the contract. The purposes of processing in the context of the performance of the contract also include the settlement of any warranty and guarantee claims and other disputes.

If the contract is subject to an obligation to issue an invoice and our contracting partner is a sole trader, the data relating to the invoice issued on the basis of the contract are also personal data, and the purpose of the processing of which is to fulfil our accounting obligations as defined by law (issuing invoices, keeping invoices).

If our contracting partner is a company or other organisation, the purpose of the processing of personal data of the person acting on its behalf or of the contact person is the smooth establishment, performance or termination of the contract.

Which personal data do we process for the above purposes?

In case of sole trader:

• name of the sole trader
• sole trader registration number
• tax number
• seat
• signature in case of written contract
• contact details (phone number, e-mail address)
• Invoice details (invoice number, date, date of performance, payment deadline, gross and net amount, VAT amount, bank name, bank account number, tax number, discounts and entitlements, etc.)
• order details: name and identification of products or services, quantity, price, date and status of order
• payment details (bank account number, date, amount, method of payment, record of any debts)
• reported warranty and guarantee claims, the content of the report on the claim, the method and date of fulfilment of the claim
• confirmation of performance, details of time records

In case of contact person:

• name, e-mail address, phone numer, company name, job

Confirmation of performance

• place, date and quantity of performance
• the name of the person who carried out the activity, if relevant to the settlement

• name and signature of the person issuing the record

On what legal basis and for how long do we process this personal data?

In the case of a contract with a sole trader, we need their personal identification and contact details in order to conclude and perform the contract. The legal basis for processing these data is the performance of the contract pursuant to Article 6(1)(b) of the GDPR.

In addition, in the case of a sole trader contractor, certain personal data are processed on the basis of the following legal obligation (Article 6(1)(c) GDPR):

• In the case of an obligation to issue or retain an invoice, we must process invoicing data (invoicing name and address, invoice details) in accordance with Act C of 2000 on Accounting (Act on Accounting) and we are obliged to retain the documents issued in connection with the contract, together with the data contained therein, for 8 years in accordance with Section 169 of the Act on Accounting;
• If our client or customer is subject to VAT, we are obliged to indicate the tax number of the purchaser or service user on the invoice in accordance with Section 169 (d) (dc) of Act CXXVII of 2007 on Value Added Tax (hereinafter: VAT Act). The retention period of the tax number is aligned with the retention period of the invoice

We process the contact details in our legitimate interest for the smooth performance of the contract pursuant to Article 6(1)(f) GDPR, during the limitation period for the performance of the contract and the related claims.

Given that the contracts and the related accounting documents and the necessary contact details form a logical unit for the existence and smooth performance of the contract, they share the legal rules in terms of their preservation. The retention period is 8 years, counted from the last day of the year in which the contract in question expired.