Cookie and Privacy Policies

This Privacy Policy is applicable from Jan 25th, 2023 onwards.

 

PRIVACY POLICY ON PERSONAL DATA PROTECTION

RULES ON PROCESSING PERSONAL DATA

COOKIE POLICY

 

The purpose of this Privacy Policy is to explain the principles under which your personal data is processed and to discuss your basic rights in relation to our processing of your personal data.

 

1.    Who are we?

The administrator of your personal data is AS Baltem Vilniaus filialas  with its registered office in Ukrainiečių g. 2, 13278 Vilnius, holding NIP: LT100005637815, REGON: 302524047, data is collected and stored in the LT Register of Legal Entities (hereinafter "Baltem").

 

2.      What are our contact details?


Contact with the Personal Data Administrator is possible by e-mail at the given e-mail address: baltem@baltem.lt and by telephone at: +37052322143.

 

3.            What are the purposes and lawful basis of the processing of your data carried

out by Baltem?

 

Personal data collected by Baltem is processed in accordance with the principles set out in data protection legislation, including Regulation (EU) 2016/679 of the European Parliament and of the Council 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/EC (General Data Protection Regulation) ("RODO") and Lithuanian legislation issued in connection with RODO, including the Act of 10 May 2018 on the protection of personal data. Baltem keeps personal data confidential and protects it from unauthorised access by third parties under the terms of the aforementioned legal acts.

 

As part of its activities, Baltem gathers and processes personal data:

a)    for the purposes arising from the legitimate interests pursued by Baltem as a data controller in order to provide services to potential customers, marketing Komatsu's services, including information about events organised by Baltem or in which Baltem participates and about Baltem 's activities, as well as for analytical and statistical purposes, analysis of your activity on the website and in order to ensure ICT security related to the baltem.lt  website (legal basis Article 6(1)(f) RODO);

b)    for the purpose of concluding or performing contracts concluded by Baltem with its Clients, cooperation with suppliers and other entities cooperating with Baltem basis Article 6(1)(b) RODO);

c)    to recruit persons interested in working or cooperating with Baltem (legal basis, respectively, Article 6(1)(c) and Article 6(1)(a) of the DPA);

d)    for the fulfilment of Baltem 's legal obligations (legal basis Article 6(1)(c) RODO),

e)    for marketing purposes if you have consented to direct marketing, i.e. to receive a newsletter (legal basis, Article 6(1)(a) RODO).

 

Baltem reserves the right not to respond or process requests that do not include all the data that is requested.

 

By providing Baltem with your data, you guarantee the veracity of the same and accept that Komatsu may periodically request the review and update of personal data that you keep.

 

3.1. In case you are a client or potential client of Baltem

 

Baltem processes personal data to the extent necessary to establish, maintain and perform a commercial and/or contractual relationship. The processing of your personal data is carried out on a voluntary basis; however, depending on the circumstances, a refusal to provide data or a request for deletion may prevent us from, for example, contacting you, entering into a contract or performing a service.

 

More to the point, the purposes for which your data may be processed by Baltem and the lawful basis for that processing is as follows:

 

1)         Performance of a contract between you and Baltem and taking pre-contractual measures (pursuant to Article 6(1)(b) of the RODO):

a.    managing the contractual relationship with you, preparing the assessment/offer and ensuring that Baltem delivers the specified goods and services, as well as taking care of the quality of the services, invoicing, collection and withdrawal of the same.

b.    managing commercial relationships with potential customers, responding to requests for information about products and services offered by Baltem

c.     management and processing of legal, extrajudicial or insurance claims received by Baltem in connection with the cooperation with you.

2)         Baltem 's justified interests (pursuant to Article 6(1)(f) of the RODO and in accordance with recital 47 of the RODO):

a.    Carry out commercial communications related to products and services similar to those contracted by you. In this case, Baltem 's legitimate interest would be to provide direct marketing to these customers, in accordance with recital 47 of the Data Protection Regulation.

b.    Conduct market analysis research to understand the quality of our products or services and the preferences of our clients. Baltem 's legitimate interest is to improve its commercial offering and the quality of its customer service.

c.     Manage, monitor and administer the Baltem website, apps and Baltem’s platform in order to improve the performance of the web portal and carry out marketing activities tailored to the preferences of the audience

d.    Conduct web analytics and, in particular, preparing internal statistics and analyses for the purpose of carrying out marketing activities tailored to the preferences of the audience, improving the commercial offer and the quality of customer service;

3)         To comply with legal obligations incumbent on the Administrator, including tax obligations, accounting obligations, obligations to disclose data to public entities (pursuant to Article 6(1)(c) of the DPA);

 

3.2.  In case that you are a supplier or potential supplier of Baltem

 

If you are or represent a supplier or potential supplier to Baltem and decide to contact Baltem, the data that will be processed will be necessary to establish and maintain a contractual relationship with you, if you are an individual trader or with the company you represent.

 

More to the point, the purposes for which your data may be processed by Baltem and the lawful basis for that processing is as follows:

 

1)         To perform the contract between you and Baltem and to take pre-contractual action (pursuant to Article 6(1)(b) of the RODO),

a.      Manage the commercial relationship with potential suppliers, providing necessary information.

b.    Formalising the cooperation, which means the process of preparing the agreement and signing the contract.

c.     Managing the contractual relationship with Baltem 's suppliers, which means monitoring cooperation and payments.

2)         Resulting from the pursuit of legitimate interests of the Administrator (pursuant to Article 6(1)(f) of the RODO), in particular for the purpose of:

a.   archiving data and documenting compliance with data protection obligations;

b.   handling applications not directly related to the performance of the contract;

c.   carrying out web analytics and, in particular, the preparation of internal statistics and analyses for the purposes of marketing and improving our commercial offering and customer service;

d.   the investigation and defence of potential legal claims, including out-of-court claims;

3)         To comply with legal obligations incumbent on the Administrator, including tax obligations, accounting obligations, obligations to disclose data to public entities (pursuant to Article 6(1)(c) of the RODO);

 

3.3. In case that you are a candidate for a job of Baltem

 

You can contact Baltem if you would like to send your CV to participate in recruitment processes that may be carried out to integrate new personnel into the company. To this end, Komatsu will process your personal data to the extent necessary to participate in the recruitment process and, if you wish, may also inform you of possible recruitment processes in which you may participate in the future.

 

More to the point, the purposes for which your data may be processed by Baltem and the lawful basis for that processing is as follows:

 

1)            Fulfilment of the Administrator's legal obligations (Article 6(1)(c) of the DPA) in terms of:

a.    recruit employees for a specific position, analyse CVs, conduct interviews, assess the candidate's qualifications. The employer only manages the Personal Data listed in the Labour Code, i.e. name, date of birth, contact details and, if necessary, education, professional qualifications, history of previous employment;

b.    archiving data and documenting compliance with data protection obligations;

2)            The legitimate interest of the employer as an Administrator (pursuant to Article 6(1)(f) of the RODO):

a.    managing the recruitment process for additional data that is necessary for the recruitment, e.g. the candidate's expected earnings;

b.    the investigation, establishment and defence against claims.

3)            Voluntary consent of the Candidate (Art. 6(1)(a) RODO)::

a.    participation in future recruitments;

b.    management of the recruitment process as regards the data voluntarily provided by the Candidate such as photo, interest.

 

4.    Consent to Contact Form

 

If you wish to contact Baltem via the Contact Form you may be asked to provide the following personal data: name, company name, region, telephone number, e-mail address. The processing of your personal data for the purpose of processing your request is based on your consent (legal basis, Article 6(1)(a) RODO). It is not obligatory to provide the personal data you will be asked for, however, failure to do so will result in the processing of your application not being possible .

 

5.    Consent to the Newsletter

 

If you wish to receive the latest information on Baltem offers and promotions (Newsletter) you may be asked to provide the following personal data: name, e-mail address. The processing of the personal data requested to receive the Newsletter is carried out on the basis of consent(legal basis, Article 6(1)(a) RODO). The provision of personal data requested to register and receive the latest information on Baltem's offer and promotions is not mandatory, however, failure to do so will result in the execution of the application not being possible.

 

You can opt out of receiving information from us in the form of direct marketing at any time. To do so, simply contact us at the email address provided: baltem@baltem.lt.

 

6.      Running the Administrator's Facebook and Linkedin profiles

Your use of the Administrator's Facebook and Linkedin profiles is voluntary. The personal data that Baltem processes in connection with the operation of profiles on the mentioned services is your profile name and the data you have placed on your profile as "public".

The basis for the processing of your data is Article 6(1)(f) RODO. The processing is necessary for the purpose of the Administrator's legitimate interest, in this case the maintenance of social media profiles. The Administrator informs you that it processes the personal data processed for the above-described purpose only to the extent of your use of the Administrator's profile. The provision of the aforementioned personal data is voluntary and necessary in order for you to use the Administrator's profile on a given site. The consequence of failing to provide the data will be the inability to use the Administrator's profile. The Administrator will process the above personal data until you successfully lodge an objection or the purpose of the processing is achieved.

7.      Data processing linked to website monitoring

The Administrator informs you that in order to improve our services, to provide users with better tailored content and to analyse how users use the website, we may use technologies such as cookies or tracking software.

Please note that in most cases we are not able to identify you from the information we collect through this technology. In the event that there is a risk of identifying a specific data subject who has not given their consent, the data will be deleted immediately by the Controller.

Cookies are small files that are placed in the permanent memory of your device when you visit certain websites. They contain information about your device and do not contain data about your identity.

The following types of cookies may be used on the website:

a.    Necessary cookies - necessary for the correct functioning of the website. You can only deactivate them by changing the settings in your browser, but this may affect the correct functioning of the website.

b.    Analytical cookies - these are used to analyse your behaviour on our website. By conducting such analyses, we can observe trends in the interest of visitors to the website.

Cookies collect and store information about when you visited our website and how you use it, so that we can record information about your visits to the site and provide a better browsing experience and service and for analytics purposes..

The web portal uses cookies for the following purposes: remembering the User's session, statistics, marketing, providing website functions. As part of the analysis, the Administrator will take into account, among other things, the way the User navigates the website, the amount of time spent on a given subpage, or which places on the website the User clicks. Profiling involves automatically assessing which products or services a website user may be interested in. In order to carry out profiling, the Administrator processes information about the content displayed by the user. Profiling will help to ensure that the advertisements displayed for products or services on the website services used by the user are more tailored to the user's interests and needs.

The Administrator performs profiling and collects analytical data in order to offer personalised services taking into account your preferences.

The processing of such data is based on the user's consent. The user has the right not to consent to profiling and to the collection of analytical data, which will not affect his/her ability to use the web portal. Cookies are stored in the memory of the user's device (computer, tablet, phone, etc.) and do not alter the settings of the user's device. The user, using the relevant options of his/her browser, has the possibility to delete cookies at any time and to block the use of cookies in the future. If you delete cookies or block the use of cookies in the future, the Administrator will no longer process them. As a user of the website, you can therefore stop providing this information to the website at any time by deleting the cookies stored on your devices. In order to do this, you will need to change the settings of the web browser you are currently using.

 

8.   Scope and Categories of Personal Data Processed

8.1. Personal data processed for the conclusion and performance of the contract:

·      name and surname/company,

·      address of residence/registered office,

·      Registration no.

·      NIP no,

·      e-mail address,

·      telephone number,

8.2. Personal data of suppliers or potential suppliers:

·      name and surname/company,

·      address of residence/registered office,

·      Registration no.

·      NIP no,

·      e-mail address,

·      telephone number,

8.3. Personal data processed for employee recruitment:

·         name and surname,

·         date of birth,

·         contact details provided by the applicant (e.g. home address, e-mail address, telephone number),

·         education,

·         professional qualifications,

·         previous employment record.

8.4. Personal data processed in connection with the use of the web portal by non-registered users:adres IP,

·      cookies,

·      session data related to the use of the website for profiling   users and authorised analytics activities,

·           date and time of the visit to the web portal,

·           type of operating system,

·           approximate location,

·           the type of Internet browser used to browse the website,

·           the time spent on the web portal.

8.5. Personal data processed in connection with the use of the web portal by Users using the contact form :

·           name and surname,

·           company,

·           e- mail address,

·           telephone numer,

·           region,

·           the order number if the request is related to an order placed,

·           the bank account number if the notification entails an obligation to reimburse the personal data person's account,

8.6. Personal data of Newsletter users:

·           name and surname,

·           e-mail address,

8.7. Personal data of users using Facebook and Linkedin:

·           your profile name

·           the data you put on your profile as "public".

 

9.   Who are the third parties to whom your personal data may be shared?

 

The personal data that you provide to Baltem may be communicated to the following categories of recipients:

a.      third parties to whom Baltem is obligated to provide information, such as: public authorities in order to comply with the requirements of said authorities or applicable regulations, as the case may be;

b.      entities whose services we use to process Personal Data, such as administrative personnel, accounting firms, law firms, online payment system providers, IT service providers and systems..

In addition, we inform you that Baltem can collaborate with companies outside the European Union. In those cases, Baltem requires that these companies comply with the measures designed to protect personal data established in a binding contract, except in cases where the European Commission has determined that, the country where said companies are located provide for an adequate level of protection of personal data.

If you wish to obtain a copy of the list of precautions expected by Baltem from third parties, you may make such a request to the Administrator.

 

10.   How does Baltem protect your data?

Baltem has appropriate policies in place and has put in place appropriate organisational and technical measures to secure and protect personal data from illegal or unauthorised access, loss or accidental destruction, damage, use and illegal or unauthorised disclosure.

 

At Baltem, we will also take all reasonable precautions to ensure that our staff and employees who have access to your personal data have received adequate training.

 

In any case, please note that any transmission of data over the Internet is not completely secure and as such, must be carried out at your own risk. Although we will do our best to protect your personal data, Komatsu cannot guarantee the security of the personal data transmitted through this Website.

 

The administrator shall ensure, in accordance with the relevant laws, including Article 32 of the RODO:

a.      pseudonymisation and encryption of Personal Data,,

b.      the ability to continuously ensure the confidentiality, integrity, availability and resilience of the processing systems and services,

c.      the ability to quickly restore the availability of and access to Personal Data in the event of a physical or technical incident,

d.      regularly testing, measuring and evaluating the effectiveness of technical and organisational measures to ensure the security of processing.

 

The Administrator shall take steps to ensure that any Recipient of Personal Data acting under the Administrator's authority who has access to Personal Data processes it only on the Administrator's instructions and with prior authorisation for that purpose, unless required to do so by Union or Member State law.

11.         For how long does Baltem keep your data?

The retention period of your data will be determined according to the duration of your contractual relationship with Komatsu and the deadlines defined by law. In this sense, the criteria that Baltem uses to set the terms of retention of your data have been determined in accordance with the requirements established in the applicable legislation, regulations and guidelines, as well as the operational requirements of Baltem related to the correct management of the relationship with its customers. Your data will not be kept longer than is necessary for the purposes for which the data are processed, and in any case not longer than the period of limitation of claims that may arise in connection with the purpose of the data storage.

If you are a Candidate for a job at Baltem and you participate in the recruitment process, your Personal Data will be stored until the recruitment process is completed and, if you have given your consent to use your data for future recruitment, for a period of 1 year. To the extent necessary, your Personal Data will be kept for a period no longer than the limitation period for possible claims.

Whenever you consent to the processing of your Personal Data on the basis of consent, e.g. to receive the Newsletter, your data will be stored until you revoke said consent.

12.   Rights of the data subject

In relation to the processing of personal data by the Administrator, anyone whose personal data is processed in relation to their personal data has the right to request:

a.      access to your personal data, including obtaining a copy of your personal data (Art. 15 RODO),

b.      withdraw your consent to the processing of your personal data, at any time without affecting the lawfulness of the processing carried out on the basis of your consent prior to its withdrawal (Art. 14(2)(d) RODO),

c.      rectification (correction) of your personal data (Art. 16 RODO),

d.      erasure of your personal data (Art. 17 RODO),

e.      restriction of the processing of your personal data (Art. 18 RODO),

f.       transfer your personal data to another administrator ( Art. 20 RODO),

g.      to object at any time to the processing of your personal data:

- for reasons related to the User's particular situation, towards the processing of personal data concerning him/her based on Article 6(1)(f) RODO (i.e. on the legitimate interests pursued by the Administrator), including profiling (Article 21(1) RODO),

- where personal data is processed for the purposes of direct marketing, including profiling, to the extent that the processing is related to such direct marketing (Article 21(2) RODO).

13.   How can you exercise the rights over your personal data?

You have the right to access, rectify, delete, object, restrict and transfer your data, and you can withdraw at any time the consent you have previously provided. In order to exercise your rights, contact the Administrator via e-mail address: baltem@baltem.lt, and by telephone at: +37052322143.

In addition, if necessary, you can submit a request to the President of the Office for Personal Data Protection, especially if you believe that your rights have not been adequately protected.

14.         How can you contact us?

If you have questions or comments regarding data protection, you can contact us at baltem@baltem.lt and by telephone at +37052322143.

Last update: 06.03.2023 r.

 

 

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