Poland – Cleaning services – Całodobowe usuwanie skutków zdarzeń drogowych, występujących na terenie miasta Łodzi

4.1. The subject of this procedure is the provision of services involving the 24-hour removal of the consequences of road accidents and incidents occurring within the City of Łódź. The scope of the contract includes, among others: ongoing road maintenance, which involves removing the consequences of road accidents and incidents in order to improve traffic safety, reducing the possibility of vehicle collisions or skidding on a locally closed road or pedestrian path.

39. INFORMATION CLAUSE UNDER ARTICLES 13 AND 14 OF THE GDPR

39.1. In accordance with Article 13(1) and (2) of the General Data Protection Regulation of 27 April 2016 (Regulation (EU) 2016/679 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), we kindly inform you that:

39.1.1. The data controller is the President of the City of Łódź, with its registered office in Łódź at ul. Piotrkowska 104, 90-926 Łódź, e-mail: [email protected]

39.1.2. The controller has appointed a data protection officer and a deputy data protection officer, who can be contacted via e-mail [email protected]. The data protection officer and his deputy can be contacted in all matters related to the processing of personal data by the City of Łódź and the exercise of rights related to data processing.

39.1.3. The provision of personal data is a necessary condition for participation in the public procurement procedure. The general basis for processing data is Article 6(1)(b), (c) and (e) and Article 10 of the General Regulation.

39.1.4. The specific purposes of data processing have been indicated in the following provisions: 1) Act of 11 September 2019 – Public Procurement Law; 2) Act of 23 April 1964 - Civil Code; 3) Act of 27 August 2009 on Public Finances, 4) Act of 29 September 1994 on Accounting.

39.1.5. Your data will be processed for the following purposes: a) conducting the public procurement procedure and selecting the contractor; b) concluding the contract; c) financial settlement, d) providing and updating information about contracts concluded in written, documentary, electronic or other specific forms in the Central Register of Contracts as a result of the resolved public procurement procedure.

39.1.6. Personal data may be disclosed to other entities authorised to receive them on the basis of applicable legal provisions, i.e. on the basis of Article 18 and Article 74 of the Public Procurement Law, an expert with specialist knowledge in the event of his appointment, the Minister of Finance as the body maintaining and maintaining the CRU teleinformatics system and any interested party due to the universal, public and free access to data collected in the Central Register of Contracts via the website, and also to data recipients within the meaning of the provisions on the protection of personal data, i.e. entities providing postal, courier, IT, banking, insurance services, persons and entities interested in the conducted procedure, as well as entities using BIP, BZP, Competitiveness Database. In the event that the value of the contract is equal to or exceeds the EU thresholds, the data will be transferred to the Office for Official Publications of the European Union.

39.1.7. Furthermore, in the event that the City of Łódź acts as an entity performing the tasks of the central contracting authority, the data of the selected contractor will be transferred to the relevant municipal organisational unit for which the procedure is conducted in order to conclude and settle the contract.

39.1.8. Personal data will not be transferred to third countries.

39.1.9. Personal data will be processed, including stored for a period of 4 years, from 1 January of the year following the year in which the case was completed, and then, in accordance with the provisions of the Act of 14 July 1983 on the national archival resource and archives, for a period of 5 years, in accordance with category B5, in the case of procedure documentation and 10 years in connection with the concluded contract, in accordance with archival category B10, and in the case of a change in the archival category of the documentation for a period in accordance with the changed archival category of the documentation. In the case of contracts financed from European Funds or other funds not derived from the EU budget, the data will be retained for up to 25 years in accordance with separate provisions in this regard.

39.1.10. Personal data will be stored in the CRU for a period of 5 years, from the end of the year in which the contract concluded with the administrator ceased to be valid. After the expiry of this period, the data will be deleted from the CRU.

39.1.11. In connection with the processing of personal data, you have the right to: a. access to the content of your data, on the basis of Article 15 of the General Regulation; b. rectification of data, on the basis of Article 16 of the General Regulation with the reservation that the exercise of the right to rectification or supplementation of data may not result in a change in the result of the public procurement procedure or a change in the provisions of the contract in the public procurement procedure in a manner inconsistent with the law; c. restriction of processing, on the basis of Article 18 of the General Regulation with the reservation that in the public procurement procedure the submission of a request to restrict processing does not restrict the processing of personal data until the completion of this procedure.

39.1.12. You have the right to lodge a complaint with the supervisory authority – the President of the Personal Data Protection Office, if you consider that the processing of personal data violates the provisions on the protection of personal data.

39.1.13. If the provision of personal data results from legal provisions, you are obliged to provide them. The consequence of not providing personal data will be the inability to participate in the public procurement procedure.

39.1.14. The data will not be processed in an automated manner, including profiling.