Privacy Notice - ksmk.hu

1. Introduction

This statement (hereinafter: „Privacy Notice”) tells you in a transparent way what to expect NKA Nonprofit Kft. as data controller (hereinafter: „Controller”) to do with your personal information when you use one of its online services or visit its websites. Please read the below details carefully and contact the data controller before exercising your rights. This Privacy Notice shall not apply to information collected through others means such as in person. Relevant applicable laws: Regulation (EU) 2016/679 of the European Parliament and of the Council 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 (GDPR), Act CXII of 2011 on information self-determination and freedom of information (Information Act).

2. Controller

Name: NKA Nonprofit Kft.
Registered office: 7632 Pécs, Megyeri út 74.
Company Reg. No.: 02-09-084850
Represented by: Lukács Anikó managing director
Phone: +36 20 913 8927
Email: contact@ksmk.hu

3. Definitions

„data subject” means natural person identified or identifiable by any information

„personal data” means any information relating to the data subject

„consent’ of the data subject” means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her

„controller” means the natural or legal person, and the organization without legal personality which – within the framework determined by Act or legally binding act of the European Union – alone or jointly with others, determines the purposes and means of the processing of personal data, makes and executes decisions concerning data processing (including the means used) or have it executed by a data processor

„data processing” means any operation or the totality of operations performed on the data, irrespective of the procedure applied; in particular, collecting, recording, registering, classifying, storing, modifying, using, querying, transferring, disclosing, synchronising or connecting, blocking, deleting and destructing the data, as well as preventing their further use, taking photos, making audio or visual recordings, as well as registering physical characteristics suitable for personal identification (such as fingerprints or palm prints, DNA samples, iris scans

„data transfer” means ensuring access to the data for a third party

„data process” means overall data processing operation performed by the data processor on behalf of or by the will of the controller

„processor” means the natural or legal person, or organization without legal personality which – within the framework and with the conditions determined by Act or legally binding act of the European Union – performs data processing operation on behalf of or by the will of the controller

„third party” means the natural or legal person, or organisation without legal personality other the data subject, controller, processor and persons who, under the direct authority of the controller or processor process personal data

„personal data breach” means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure, publication of, or access to, personal data transmitted, stored or otherwise processed

„profiling” means any form of automated processing of personal data consisting of the use of personal data to evaluate, analyse or predict personal aspects relating to a natural person, in particular aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements

„recipient” means a natural or legal person, or organisation without legal personality to which the personal data are made accessible by the controller or the processor

„EEA State”: means any Member State of the European Union and any State Party to the Agreement on the European Economic Area, as well as any state the nationals of which enjoy the same legal status as nationals of State Parties to the Agreement on the European Economic Area on the basis of an international agreement concluded between the European Union and its member states and the state which is not party to the Agreement on the European Economic Area

„third country”: means any state that is not an EEA State

4. Principles

Personal data may be processed only for specified and explicit purposes, exercising of certain rights and fulfilment of obligations. The purpose of processing must be satisfied in all stages of data processing operations; recording of personal data shall be done under the principle of lawfulness and fairness („lawfulness, fair procedure and transparency”).

The personal data processed must be essential for the purpose for which it was recorded, and it must be suitable to achieve that purpose. Personal data may be processed to the extent and for the duration necessary to achieve its purpose („purpose limitation”)
Personal data shall be adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed („data minimisation”).

The accuracy and completeness, and – if deemed necessary in the light of the aim of processing – the up-to-dateness of the data must be provided for throughout the processing operation, and shall be kept in a way to permit identification of the data subject for no longer than is necessary for the purposes for which the data were recorded („accuracy”).

Personal data shall be kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed. Personal data shall preserve its personal character until connection thereof with the data subject may be restored. Connection may be restored with the data subject if the controller has the technical conditions necessary for the restoration. („storage limitation”).

Personal data shall be processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures („integrity and confidentiality”).
The Controller shall be responsible for, and be able to demonstrate compliance with the above principles („accountability”).

5. Information

5.1. Links to external websites

The website may also contain links to external websites. If you wish to use third-party (third-party) content on our pages, you shall accept the specific terms and conditions of those third parties, including the terms and conditions for the use of cookies, over which we have no control. The Controller is not responsible for the content, data and information protection practices of external websites accessible from the website. If the Controller becomes aware that the site or linking to it is in breach of the law, the link will be removed from the website immediately.

5.2. Cookies, analytics

In order to make the website even more attractive to you and to allow you to use certain features, we use so-called cookies. These are small text files that are stored on your device. Some of the cookies we use are deleted when you stop browsing (so-called temporary cookies), while others remain on your device and allow us to recognize your browser on your next visit (persistent cookies). When you open the website for the first time, you will be informed about the placement of cookies and may decide whether to accept their use on your own device. If you do not accept cookies, the use of the website may be limited.

5.3. Social plugins

We may also use other social networking services on the website. When you use plug-ins, your internet browser connects directly to servers on that social network. This will inform the service provider that your internet browser has accessed our site. In this case, the log files (along with the IP address) are transmitted directly from your internet browser to the server of the service provider, where they can be stored. Your service provider or its server may be located outside the European Union or the EEA (for example, in the United States). The built-in modules are standalone extensions used by social network providers. Therefore, the Controller cannot influence the scope of the data they collect and store. Information on the purpose and extent of the collection, further processing and use of your data, as well as your privacy rights and privacy settings, can be found in the privacy statements of that social networking site. If you do not want your social networking service to link your data to your user account, you will need to sign out of your account before you can visit our website.

5.4. Electronic communication

If you initiate a contact with the Controller (e.g. an e-mail message), you acknowledge and agree that the Controller will record the user’s e-mail address as well as any personal data that may be required for a meaningful response. The Controller shall process the information thus obtained to the extent and for the duration necessary for the purpose of contact.

5.5. Content upload, audio, video and photo recording

In the course of its content editing activities, the Controller manages the data of all natural persons who have contributed to the production of the content, either as a source or in such a way that they are referenced in the edited content. In this case, the personal data most frequently processed by the Controller may be: the name, image, professional performance of the data subject, or other data that indicates how the data subject relates to the subject of the edited content. At events organized by or on behalf of the Controller, audio, video and photo recordings of the participants may be made, which may appear on the website and / or other media surfaces operated by the Controller subject to the prior and express consent of the data subject. If the data subject or his / her legal representative does not wish the recording to be published or subsequently removes or destroys it, the Controller shall take immediate action at the express request of the data subject or his / her legal representative. The consent of the data subject is not required for the recording and use of the recording in the case of a mass recording and a recording of a public performance.

5.6. Newsletter

By filling in the express consent forms for this purpose on the Controller’s website or on other media interfaces and by reading this Privacy Policy, you may voluntarily subscribe to the Controller’s regular newsletters. The legal basis for data processing for marketing purposes is the voluntary consent of the data subject. We record the information in order to send you regular information letters about our activities, including marketing inquiries. The Controller stores personal data – name, email address – until you unsubscribe from the newsletter service. The consent can be revoked at any time by sending a message to the e-mail address indicated in point 2 of the Prospectus or by clicking on the link in the newsletter.

5.7. Event registration

You can also apply for events organized by the Controller and subject to pre-registration online by filling the express consent forms and by reading this Privacy Policy. The legal basis for data processing is the voluntary, appropriate and prior informed consent of the data subject. You can withdraw your consent at any time, in which case your registration will be canceled or, in the absence of data, you will not be able to register for the event online in advance. The following data is processed by the Controller in connection with the online registration: name (required), organization, e-mail address (required), mobile phone number, notification address (country, postal code, city, road, house number), other data provided voluntarily. The purpose of data management is the smooth and successful organization of conferences, workshops, trainings and events organized by the Controller. The processing of the personal data provided by you will last until the conclusion of the professional evaluation after the implementation of the event.

5.8. Registration

The processing of personal data provided by you in connection with the registration / log in to the services available on the website is performed by the Controller with your consent as follows. The purpose of processing personal data is to ensure registration related to the services available on the website. The scope of the managed data: surname, first name, e-mail address, password. The legal basis for data processing is the consent of the data subject. The period of storage of personal data lasts until the registration is canceled. The data subject has the right to withdraw his or her consent at any time. Withdrawal of consent shall not affect the lawfulness of the data processing prior to withdrawal.

5.9. Event recordings

We would like to inform you that photo and video recordings may be made at the events of the Controller, on which recordings the visitors of the event may be recognizable. The recordings may be published by the Controller on its online interfaces (e.g. Facebook, Instagram, website, etc.), in printed publications or handed over to the press for further use. By entering the area of the event in the knowledge of this information, you consent to the data management by implied conduct. If you do not want to be recognized on the recordings, please let the organizers know when you enter the event. In this case, you will receive a distinctive mark, which will make your image unrecognizable in the photographs taken. As a general rule, mass recordings are made at the events in order to show them in the overall effects of the events. If persons are highlighted at the recording, the data subject may indicate his / her protest request, in which case the recording will be deleted.
The purpose of data management is to make camera and photo shots at events and to use them to promote the event and inform the public. The scope of the processed data: the image and possibly the voice of the data subject. The legal basis for data processing is the consent of the data subject according to Point a) (1) Article 6 of GDPR and Par. (1) 2:48. § of Act V of 2013 on the Hungarian Civil Code (Ptk.). The recorded data is stored by the Controller until the achievement of the goal to be achieved with the given marketing activity or until the receipt of the deletion request of the data subject. The data subject has the right to withdraw his or her consent at any time. Withdrawal of consent shall not affect the lawfulness of the data processing prior to withdrawal.

6. Recipients

Our staff needs basic access to your personal data as far as it is necessary for the described purposes and the work of the employees concerned. They act in accordance with our instructions and are bound to confidentiality and secrecy when manage your personal data. Additionally, we may disclose your personal data to other recipients if this is so required by national law. Therefore, we also reserve the right to share your personal data in accordance with a court order, official decision or to assert or defend legal claims or if we consider it necessary for other legal reasons.
We may also disclose your personal data to third party processors. Processors are obliged to process the personal data exclusively on our behalf and according to our instructions. Such recipients of your personal data may be located abroad including in countries outside of the EEA. If we disclose your personal data to recipient located in such a third country, we will take appropriate measures to ensure the protection of your personal data, for example by concluding a data transfer agreement. If we transfer personal data to recipients located in so-called third countries, we will ensure – before the start of processing – that the recipient has an adequate level of data protection through appropriate (contractual) guarantees or recognized agreements, or that you as the data subject have given informed consent to the processing of personal data in the respective third country. The recipients of personal data in third countries are primarily providers of mailing services, data and file cloud storage, analytical tools (see our cookie disclaimer), and direct marketing services.

7. Security

The Controller shall ensure the security of the data proportionate to the risk, and shall take the technical and organizational measures and establish the procedural rules necessary to enforce the GDPR, the Information Act and other data and confidentiality rules. The Data Controller shall protect the data by appropriate measures against accidental or unlawful destruction, loss, alteration, damage, unauthorized disclosure or unauthorized access to them.

8. Rights of data subjects and exercise thereof

Your rights enlisted below shall be exercised by submission of your application to the Controller. Section 2 of this Privacy Notice contains the contact information of the Controller. The Controller shall provide information on action taken on a request to the data subject without undue delay and in any event within one month of receipt of the request. That period may be extended by two further months where necessary, considering the complexity and number of the requests. Where the Controller has reasonable doubts concerning the identity of the natural person making the request, the Controller may request the provision of additional information necessary to confirm the identity of the data subject. Where requests from a data subject are manifestly unfounded or excessive, in particular because of their repetitive character, the Controller may either charge a reasonable fee taking into account the administrative costs of providing the information or communication or taking the action requested; or refuse to act on the request. Please note that depending on the nature of the data processing activity, the exercise of certain rights may be impeded.

8.1. Access to the personal data

The data subject may request the Controller to provide him or her access to the personal data concerning him or her, including a copy of the personal data which are the subject of the data processing. The data subject has the right to obtain from the Controller confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, has the right to access the personal data and the following information:

the purposes of the processing,
the categories of personal data concerned,
the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organizations,
where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period,
the existence of the right to request from the Controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing,
the right to lodge a complaint with a supervisory authority,
where the personal data are not collected from the data subject, any available information as to their source,
the existence of automated decision-making, including profiling, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.

8.2. Right to rectification

The data subject shall have the right to obtain from the Controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

8.3. Right to erasure (right to be forgotten)

The personal data shall be erased if:

the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed,
the data subject withdraws consent on which the processing is based and where there is no other legal ground for the processing,
the data subject objects to the processing and there are no overriding legitimate grounds for the processing,
the personal data have been unlawfully processed,
the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the Controller is subject,
the personal data have been collected in relation to the offer of information society services.

8.4. Right to restriction of processing

Upon request of the data subject, the Controller will restrict data processing where one of the following applies:

the accuracy of the personal data is contested by the data subject, for a period enabling the Controller to verify the accuracy of the personal data,
the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead,
the Controller no longer needs the personal data for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defense of legal claims,
the data subject has objected to processing pending the verification whether the legitimate grounds of the Controller override those of the data subject.

A data subject who has obtained restriction of processing shall be informed by the Controller before the restriction of processing is lifted. The Controller shall communicate any rectification or erasure of personal data or restriction of processing to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort. The Controller shall inform the data subject about those recipients if the data subject requests it.

8.5. Right to data portability

The data subject shall have the right to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where:

the processing is based on consent or on a contract and
the processing is carried out by automated means.

In exercising his or her right to data portability as stated above, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible. The exercise of this right shall be without prejudice to the right to erasure.

8.6. Right to object

The data subject shall have the right to object, on grounds relating to his or her particular situation, at any time to the processing of personal data concerning him or her unless the processing is carried out for a legitimate interest pursued by the Controller or by a third party or the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller, including profiling based on those provisions. The Controller shall no longer process the personal data unless the Controller demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or if the processing is conducted for the establishment, exercise or defence of legal claims.

8.7. Data subject’s rights during automated decision-making

The data subject shall have the right not to be subject to a decision based solely on automated processing – including profiling – which produces legal effects concerning him or her, or similarly significantly affects him or her. This provision shall not apply if the decision:

is necessary for entering into, or performing a contract between the data subject and the data controller,
is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms, and legitimate interests, or
is based on the data subject’s explicit consent.

In this case, the Controller shall implement suitable measures to safeguard the data subject’s rights and freedoms, and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view, and to contest the decision.

8.8. Procedure of the national authority

It is possible for anyone (not only for the data subject) to initiate an investigation or a data protection authority procedure with the Nemzeti Adatvédelmi és Információszabadság Hatóság (NAIH) on the grounds that a breach of law has occurred or is imminent in connection with the processing of personal data. It is important that the notification shall not be anonymous, otherwise the authority may reject the notification without a substantive examination. The investigation by the authority is free of charge, and the costs of the investigation are advanced and borne by the authority.
Authority: Nemzeti Adatvédelmi és Információszabadság Hatóság
Seat: 1055 Budapest, Falk Miksa utca 9-11.
Address: 1363 Budapest, Pf. 9.
Phone: +36 1 391 1400
Fax: +36 1 391 1410
Email: ugyfelszolgalat@naih.hu
Website: http://www.naih.hu

8.9. Right to an effective judicial remedy

Without prejudice to any available administrative or non-judicial remedy, including the right to lodge a complaint with a supervisory authority, each data subject has the right to an effective judicial remedy where he or she considers that his or her rights under GDPR have been infringed as a result of the processing of his or her personal data in non-compliance with GDPR. The Controller and the processor shall be obliged to prove that the processing is in accordance with the provisions on data protection determined in legislation or legally binding act of the European Union. In Hungary regional courts have jurisdiction over these actions. The action may also be brought before the court of the domicile or place of residence of the data subject (www.birosag.hu/torvenyszekek). Any person who otherwise do not have legal capacity may be a party in the lawsuit. The authority may join to the data subject in the lawsuit.

9. Final provisions

Please keep in mind, that we are not responsible for the authenticity or accuracy of the data you provide us. If the user provides personal data of a third party, he or she is obliged to have a suitable legal basis for this. The Controller may update this Privacy Notice from time to time as it undertakes new personal data practices or adopt new privacy policies. Amendments of the Privacy Notice shall enter into force simultaneously with the publishing on this website.

Effective as of 25 May 2022