This specifically concerns information regarding the definition of categories of personal data, the purposes and legal bases of their processing, the retention period, sources of personal data, main processing principles, and also information about the rights of data subjects in connection with the processing of personal data by LMS.
In this INFORMATION ON THE PROCESSING OF PERSONAL DATA you will find, in particular, answers to the following questions:
In this context, LMS would first like to remind you that personal data within the meaning of the relevant legislation, primarily enshrined in 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) (hereinafter referred to as "GDPR"), is always only the personal data of natural persons, not excluding the personal data of natural persons in business, or also the personal data of members of the so-called "liberal professions" (collectively also as self-employed persons).
If you are therefore a commercial company (e.g., Ltd., JSC, etc.) or another legal entity (e.g., a territorial self-governing unit, a contributory organization, etc.), then the personal data protection enshrined in the GDPR does not affect data relating to the legal entity (e.g., name, Company ID, registered office address, etc.). Personal data protection only applies to the personal data of specific natural persons who negotiate, communicate, etc., with us on behalf of your legal entity, typically persons who act on behalf of your company as representatives in contractual or technical matters (hereinafter referred to as "your representatives") and for whom we have contact details (e.g., first name, last name, e-mail, telephone contact, etc.).
If you are a legal entity, you undertake to familiarize your representatives with this INFORMATION ON THE PROCESSING OF PERSONAL DATA – LMS Declaration. If you are a natural person (regardless of whether you act towards LMS as an entrepreneur or a consumer), the protection of personal data under the GDPR applies to you.
We would also like to assure you that we store your personal data only in a lawful manner and always in accordance with the GDPR, i.e., only and exclusively to the extent of the legal grounds regulated in Article 6(1) of the GDPR. LMS processes the personal data listed below about you or your representatives, only for the purposes, for the period, and according to the relevant legal basis, as specified for the individual personal data defined in the overview table below. The table is divided so that it is clear (i) what personal data of the respective data subject is involved, (ii) the purpose of the processing of the personal data by LMS, (iii) the legal basis for the processing of the personal data (reference to the GDPR) and also (iv) the retention period for which LMS stores the respective personal data.
| Data | Purpose | Legal Basis | Retention Period |
|---|---|---|---|
| Identification data (especially name, surname, title, address (registered office), Company ID, VAT ID, telephone contact, e-mail, handwritten signature, bank account) | Business or other cooperation with LMS, based on a contractual relationship | Performance of a contract (e.g., purchase contract or supply contract, cooperation agreement, etc.) (pursuant to Article 6(1)(b) GDPR) | For the duration of the contractual relationship |
| Identification and contact data (especially name, surname, title, address (registered office), Company ID and VAT ID) Identification and contact data (especially name, surname, title, address (registered office), Company ID, VAT ID, telephone contact, e-mail, handwritten signature, bank account) | Compliance with legal obligations arising mainly from Act No. 563/1991 Coll., on Accounting, and Act No. 235/2004 Coll., on Value Added Tax, as amended. Securing documentary and other evidence to protect the legal claims of LMS for potential out-of-court, judicial, administrative, enforcement, or criminal proceedings. | Compliance with legal obligations (pursuant to Article 6(1)(c) GDPR) Legitimate interest (preventing damage to the property and reputation of LMS) (pursuant to Article 6(1)(f) GDPR) | 10 years from the end of the relevant accounting period to which the accounting and tax documents containing personal data relate, pursuant to Act No. 235/2004 Coll., on Value Added Tax, as amended1. For the duration of the 10-year objective limitation period according to the provisions of Sections 629, 636, and 638 of Act No. 89/2012 Coll., the Civil Code, as amended, extended by a further 1 year with regard to the possible delay between the initiation of a lawsuit and the delivery of the statement of claim. |
| Contact data (especially e-mail, telephone contact) | Sending information in connection with the business activities of LMS or for any other necessary communication regarding necessary matters related to the business activities of LMS | Necessary communications related to the business activities of LMS (pursuant to Article 6(1)(a) GDPR) | For the duration of the business relationship between LMS and the data subject |
When processing personal data, we always follow generally binding legal regulations and, in particular, comply with the GDPR. In this context, we would also like to assure you that we adhere to the binding principles applicable to the processing of personal data. These are mainly the principles of:
LMS obtains personal data primarily directly from you, i.e., our clients, customers, or business partners, specifically within either mutual contractual relationships or during negotiations and communication regarding these contractual relationships. Thus, we obtain personal data mainly at the inception of a contractual relationship and furthermore, for example, during the administration of individual fulfillments arising from these contracts (e.g., partial orders, provision of specific goods or services, or other fulfillments arising from the respective contracts).
If you are our client as a legal entity, we obtain personal data about your representatives primarily directly from you (e.g., name, surname, e-mail, and telephone contact for your representatives in contractual matters, etc.), or in connection with the administration of individual fulfillments arising from these contracts (e.g., partial orders, provision of specific goods or services, or other fulfillments arising from the respective contracts). We also obtain some personal data about you from publicly available sources. This includes, for example, checking your identification data according to public registers (e.g., public register, trade register, or register of economic entities, etc.) or it may be information obtained by checking published bank accounts and the status of an (un)reliable VAT payer according to the VAT register.
We do not transfer your personal data to any third parties with the exception of:
The rights stated below belong to so-called data subjects2, i.e., partly to our customers, business partners, and clients who are natural persons, and partly, if you are a legal entity, to your representatives (all these persons collectively further referred to as the "data subject"). If you are a data subject, you have the following rights:
You can exercise any of the aforementioned rights with us free of charge electronically at the e-mail krejcovska@labmediaservis.cz, or in writing via a postal service provider to our registered office address. Please always state (i) the right you are exercising (e.g., the right to rectification), (ii) the reasons you base your right on (e.g., that we hold an incorrect Company ID for you), and (iii) what you are requesting (e.g., correction and stating the correct Company ID for your person).
In Jaroměř, on September 12, 2022, Ing. Jan Krejčí - Managing Director of LMS
1 A tax document must, according to the provisions of Section 29 (1) of Act No. 235/2004 Coll., on Value Added Tax, as amended, contain, inter alia: (a) the designation of the person carrying out the fulfillment, (b) the tax identification number of the person carrying out the fulfillment, (c) the designation of the person for whom the fulfillment is provided, (d) the tax identification number of the person for whom the fulfillment is provided. According to the provisions of Section 29 (4) of Act No. 235/2004 Coll., on Value Added Tax, as amended, designation means (i) business name or name, (ii) addition to the name, and (iii) registered office.
2 A data subject according to the provisions of Article 4(1) of the GDPR means an identified or identifiable natural person.