Direct Marketing Privacy Policy

entering into force on 21 April 2021.

The purpose of the present Privacy Policy is to provide data subjects (including You) with information about the data processing performed by Commsignia Ltd. (defined below as Data Controller) related to its direct marketing communication and employee recruitment. The newsletters, other direct marketing and other communication messages will only be sent electronically to the e-mail address provided by a data subject, after receiving the consent of the data subject.

The Data Controller acts in accordance with the legislation on data protection and advertising being in force – in particular in accordance with the provisions of the Act CXII of 2011 on the right to informational self-determination and on the freedom of information (hereinafter: “Infotv.”); that of the 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 (hereinafter: „GDPR”), that of the Act CVIII of 2001 on certain issues of electronic commerce services and information society services (hereinafter: „Eker. tv.”) as well as that of the Act XLVIII of 2008 on the basic conditions and certain restrictions of commercial advertising activity (hereinafter: „Grt.”). Data Controller shall process the data subject’s personal data confidentially, shall ensure their protection, shall take necessary technical and organizational measures and establish procedural rules necessary to enforce the GDPR and other data protection rules.

Data Controller

Commsignia Korlátolt Felelősségű Társaság (7252 Attala, Széchenyi utca 14., phone number: +36 70 883 9700, e-mail: [email protected] ,  hereinafter: „Data Controller”)

Scope of data being processed, purpose and period of data processing

Providing your information is voluntary, however, in the absence of your data, we do not have the opportunity to send you newsletter, and other similar information and information regarding job offers and open positions at the Data Controller (or its subsidiary).

Data Controller does not process sensitive data.

1. Direct Marketing (including newsletters)

Activity linked to data processingSending newsletter and providing other information about the Data Controller, its products and services directly to the data subject
Data subjectNatural person who has consented to receiving direct marketing messages from the Data Controller
Data processedE-mail address of the data subject
Purpose of data processingData Controller processes personal data for the purpose of sending data subject e-mails (e.g. newsletters and direct marketing advertisements) containing commercial advertising, direct business and marketing communication and other information concerning or related to the activities, products and services of the Data Controller and to ensure compliance with the relevant legal obligations.
Period of data processingPersonal data is processed until the Data Controller utilizes direct marketing campaigns or until the withdrawal of the consent of the data subject (whichever is the sooner). The consent can be withdrawn at any time by sending an e-mail to the e-mail address specified above or replying to the direct marketing message, indicating the withdrawal.
Legal ground of data processingThe freely given consent of the data subject, based on Point a) Paragraph (1) of Article 6 of GDPR, Article 13/A of Eker tv., and Paragraph (1) of Article 6 of Grt.

2. Informing data subjects of open positions at the Data Subject

Activity linked to data processingThe data subject may request information regarding job offers and open positions becoming available at the Data Controller (or its subsidiary) in the future
Data subjectNatural person who has consented to receiving information regarding job offers and open positions from the Data Controller
Data processedName, job title or position, name of the company/employer, and e-mail address (provided by the data subjects)
Purpose of data processingData Controller processes the name and e-mail address of the data subject for the purpose of sending data subject e-mails containing job offers and/or information regarding open positions at the Data Controller or its subsidiary and other similar information. Other data, such as job title, position, and the company/employer of the data subject are used to determine whether a job offer is suitable for the data subject.
Period of data processingPersonal data is processed for a one-year period of time (from the time the data subjects give their consent to the processing) or until the withdrawal of the consent of the data subject (whichever is sooner). The consent can be withdrawn at any time by sending an e-mail to the e-mail address specified above.
Legal ground of data processingThe freely given consent of the data subject, based on Point a) Paragraph (1) of Article 6 of GDPR.

Data Controller does not perform profiling.[1]

Persons having access to personal data

The data may be accessed by the employees of Data Controller and by other data processors defined in this Policy in order to perform their duties. Thus, for example, the data processors defined in this Policy may have access to personal data in order to provide services, handle cases and process data.

Data transfer

The data subject’s data shall not be transferred to third parties, except for the transfer to the data processor defined below. Other data transfer to a third party or any recipient shall only take place if the Data Controller informs the data subject about the potential recipient in advance and then the data subject gives his or her prior consent or if the given data transfer is otherwise required by law. Data Controller shall not transfer personal data to third countries or international organizations in the course of its data processing activities, unless otherwise stated in this Policy.

Data processor

For the sole purpose of data processing task to be executed, the Data Controller uses

  • Google Workspace (formerly known as GSuite) for administration and e-mail services. The Data Controller is in contractual relationship with Google, LLC (address: 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States, Contact:  https://support.google.com/policies/contact/general_privacy_form; telephone: 650-253-0000), hence the latter entity is the data processor. Data received by Google LLC or its affiliates may be stored and processed in a third country (especially in the USA). Hence the Data Processor and Google LLC has entered into a data processing agreement which includes standard contractual clauses in accordance with the 2010/87/EU Decision of the European Commission with the intention to provide appropriate safeguards to the data subjects as laid down in GDPR. More information regarding GDPR compliance: https://privacy.google.com/businesses/compliance/.

and

  • the Salesforce customer relationship management solution. The Data Controller is in contractual relationship with salesforce.com inc. (address: 415 Mission Street, 3rd Floor San Francisco, CA 94105; website: www.salesforce.com; contact:  [email protected]; address: Salesforce Data Protection Officer (Salesforce Privacy Team) 415 Mission St, 3rd Floor San Francisco, CA 94105, USA), hence the latter entity is the data processor. Data received by salesforce.com inc. or its affiliates may be stored and processed in a third country (especially in the USA). Hence the Data Controller and salesforce.com inc. has entered into a data processing agreement which includes standard contractual clauses in accordance with the 2010/87/EU Decision of the European Commission with the intention to provide appropriate safeguards to the data subjects as laid down in GDPR. More information regarding GDPR compliance: https://compliance.salesforce.com/en/gdpr.  
  • The Data Controller uses the Mailchimp online marketing platform to create, send newsletters and to manage subscriptions and unsubscriptions. The Data Controller is in contractual relationship with The Rocket Science Group LLC d/b/a Mailchimp (address: 675 Ponce de Leon Ave NE, Atlanta, GA 30308 USA; website: https://mailchimp.com/; contact: [email protected];), hence the latter entity is the data processor. Data received by The Rocket Science Group LLC d/b/a Mailchimp or its affiliates may be stored and processed in a third country (especially in the USA). Hence the Data Controller and The Rocket Science Group LLC d/b/a Mailchimp has entered into a data processing agreement which includes standard contractual clauses in accordance with the 2010/87/EU Decision of the European Commission with the intention to provide appropriate safeguards to the data subjects as laid down in GDPR. More information regarding GDPR compliance: https://mailchimp.com/gdpr/.

A data processor is only entitled to process the received data in accordance with the instructions of Data Controller, unless otherwise required by any EU or Member State law. Data processor is also obliged to act in accordance with the provisions of the relevant legislation, in particular with that of the GDPR.

Measures to ensure data security:   

Data Controller is obliged to ensure data security, it must take technical and organizational measures and establish procedural rules which ensure that the recorded, stored and processed data are protected and which prevent their destruction, unauthorized use or unauthorized alteration. Data Controller also draws the attention of third parties – which the data subject’s data have been transferred to – to the fact that they have to comply with the data security requirements.

Data Controller shall ensure that the processed data cannot be accessed, disclosed, transmitted, modified or deleted by unauthorized persons. Data Controller shall make its best efforts to ensure that the data cannot be damaged or destroyed. The above obligation is also prescribed by Data Controller for the employees participating in its data processing activities and for the data processors acting on its behalf.

The Data Controller stores the personal data in the systems of the data processors in the course of the processing of the data, and the employees of the Data Controller access the data on a case-by-case basis, if data processing is needed.

In order to prevent unauthorized access to the data, Data Controller ensures the protection of personal data and prevents unauthorized access to them using especially (but without limitation) the following tools and measures: the access to the server and to the computers is protected by passwords and a firewall and antivirus software is applied.

Communication of a personal data breach to the data subject

Personal data breach: a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to personal data transmitted, stored or otherwise processed.

If the personal data breach is likely to result in a high risk to the rights and freedoms of natural persons, Data Controller shall communicate the personal data breach to the data subject without undue delay in clear and plain language.

The communication to the data subject shall not be required if any of the following conditions are met:

  • Data Controller has implemented appropriate technical and organizational protection measures, and those measures were applied to the personal data affected by the personal data breach, in particular those that render the personal data unintelligible to any person who is not authorised to access it, such as encryption;
  • Data Controller has taken subsequent measures which ensure that the high risk to the rights and freedoms of the data subject is no longer likely to materialise;
  • it would involve disproportionate effort. In such a case, there shall instead be a public communication or similar measure whereby the data subjects are informed in an equally effective manner.

Rights of the data subjects

In addition to the rights defined above, the data subjects may exercise the following rights in relation to the data processing set forth in the present Policy:

Right to get information and to have access to personal data being processed

The data subject has the right to obtain confirmation from Data Controller as to whether or not personal data concerning him or her are being processed, and, if that is the case, to have access to the personal data and the following information:

  1. the purposes of the data processing;
  2. the categories of personal data concerned; 
  3. the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations; 
  4. if possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
  5. the data subject’s right to request the personal data’s rectification, erasure or the restriction of their processing from Data Controller if these personal data are related to the data subject or the data subject’s right to object to such data processing;
  6. the right to lodge a complaint with a supervisory authority;
  7. if the personal data are not collected from the data subject, any available information as to their source;
  8. the existence of automated decision-making, including profiling, and at least in these cases meaningful information about the logic involved, as well as the significance and the envisaged consequences of such data processing for the data subject.

If personal data are transferred to a third country or to an international organisation, the data subject has the right to be informed of the appropriate safeguards relating to the data transfer.

Data Controller shall provide the data subject with a copy of his or her personal data undergoing the data processing. For any further copies requested by the data subject, Data Controller may charge a reasonable fee based on administrative costs. If the data subject submits the request by electronic means, the information shall be provided in a commonly used electronic form, unless otherwise requested by the data subject.

The right to obtain a copy referred to in the previous paragraph shall not adversely affect the rights and freedoms of others.

The rights mentioned above can be exercised through the Data Controller’s contact details indicated above.

Right to rectification:

Based on the data subject’s request, Data Controller shall without undue delay rectify any inaccurate personal data related to the data subject. Taking into account the purposes of the data processing, the data subject has the right to have his or her incomplete personal data completed, including by providing a supplementary statement.

Right to erasure („Right to be forgotten”):

The data subject has the right to obtain the erasure of personal data concerning him or her from the Data Controller without undue delay if any of the following reasons exists:

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

Erasure of data cannot be initiated if data processing is necessary:

  1. for exercising the right of freedom of expression and information;
  2. for compliance with a legal obligation which requires processing by Union or Member State law to which Data Controller is subject or for the performance of a task carried out in the public interest;
  3. for the purposes of preventive or occupational medicine, for the assessment of the working capacity of the employee, for medical diagnosis, for the provision of health or social care or treatment or for the management of health or social care systems and services, on the basis of Union or Member State law or pursuant to contract with a health professional and if those data are processed by or under the responsibility of a professional subject to the obligation of professional secrecy under Union or Member State law or rules established by national competent bodies or by another person also subject to an obligation of secrecy under Union or Member State law or rules established by national competent bodies;
  4. for reasons of public interest in the area of public health, such as protecting against serious cross-border threats to health or ensuring high standards of quality and safety of health care and of medicinal products or medical devices, on the basis of Union or Member State law which provides for suitable and specific measures to safeguard the rights and freedoms of the data subject, in particular as for professional secrecy;
  5. for reasons of public interest in the area of public health and if those data are processed by or under the responsibility of a professional subject to the obligation of professional secrecy under Union or Member State law or rules established by national competent bodies or by another person also subject to an obligation of secrecy under Union or Member State law or rules established by national competent bodies;
  6. for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, if the right of erasure would make such data processing impossible or the right of erasure would such data processing seriously jeopardize[2]; or
  7. for the establishment, exercise or defence of legal claims.

Right to restrict data processing:

The data subject has the right to obtain the restriction of data processing from Data Controller if one of the following conditions applies:

  1. the accuracy of the personal data is contested by the data subject, in this case restriction is related to a period enabling Data Controller to verify the accuracy of the personal data;
  2. the data processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;
  3. Data Controller no longer needs the personal data for the purposes of the data processing, but they are required by the data subject for the establishment, exercise or defence of legal claims;
  4. the data subject has objected to data processing based on public interest or legitimate interest, in this case restriction is related to a period in the course of which it can be verified whether the legitimate grounds of Data Controller override those of the data subject.

If processing has been restricted according to the above, such personal data shall, with the exception of storage, only be processed with the data subject’s consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.

A data subject who has obtained restriction of data processing according to the above shall be informed by Data Controller before the restriction of data processing is lifted.

Right to data portability:

The data subject has the right to receive the personal data concerning him or her, which he or she has provided to Data Controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another data controller without hindrance from Data Controller to which the personal data have been provided, if the data 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 defined above, the data subject has the right to have the personal data transmitted directly from one controller to another, if it is technically feasible.

The exercise of the right referred to data portability shall be without prejudice to the right to erasure („right to be forgotten”). That right shall not apply to data processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in Data Controller.

The right to data portability shall not adversely affect the rights and freedoms of others.

Right to object:

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

If personal data are processed for direct marketing purposes, the data subject has the right to object at any time to processing of personal data concerning him or her for such marketing, which includes profiling to the extent that it is related to such direct marketing. If the data subject objects to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.

If personal data are processed for scientific or historical research purposes or statistical purposes, the data subject, on grounds relating to his or her particular situation, has the right to object to processing of personal data concerning him or her, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

Right to withdraw the given consent:  

If the data processing of Data Controller is based on the data subject’s consent, the data subject has the right to withdraw his or her consent at any time. The withdrawal of consent shall not affect the lawfulness of data processing based on consent before its withdrawal.

Procedure in the event of a request submitted by the data subject concerning the exercise of the above rights:

Data Controller shall provide information to the data subject on action taken on the data subject’s request related to the rights defined in the present Policy without undue delay and in any event within one month of receipt of the request. This period may be extended by two further months where necessary, taking into account the complexity and number of the requests.

Data Controller shall inform the data subject of any such extension within one month of receipt of the request, with the reasons for the delay. If the data subject makes the request by electronic means, the information shall be provided by electronic means where possible, unless otherwise requested by the data subject.

If Data Controller does not act on data subject’s request, Data Controller shall inform the data subject without delay and at the latest within one month of receipt of the request of the reasons for not taking action and on the possibility of lodging a complaint with a supervisory authority and seeking a judicial remedy.

Any information and communication requested by data subject shall be provided by Data Controller free of charge, unless requests from the data subject are manifestly unfounded or excessive, in particular because of their repetitive character. In this case, Data Controller may either charge a reasonable fee taking into account the administrative costs of providing the information or communication requested or refuse to act on the request.

Data Controller shall communicate any rectification or erasure of personal data or restriction of data processing carried out by Data Controller to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort. Data Controller shall inform the data subject about those recipients if the data subject requests it.

Personal data related to children and third parties 

Persons under the age of 16 may not provide their personal data unless consent is given by the holder of parental responsibility. By making the personal data available to Data Controller, the parent, as a data subject, declares and guarantees that he or she will act in accordance with the above, and his or her capacity to act is not limited in connection with the provision of these information.

If you are not legally entitled to make any personal data available on your own, you must obtain the consent of the third parties concerned (eg. legal representative, guardian, other person such person acting as representative of the consumer) or provide another legal ground for making the data available. In this context, you must consider whether the consent of a third party is required in connection with the provision of the personal data in question. It can happen that Data Controller does not get into personal contact with you, so you are obliged to ensure compliance with the present section and Data Controller is not liable in this aspect. Regardless of this, Data Controller is always entitled to check whether the appropriate legal ground for the processing of any personal data is available. For example, if you are acting on behalf of a third party, such as a consumer, we are entitled to request your authorization and / or the data subject’s appropriate consent to the data processing in question.

Data Controller makes its best effort to delete any personal data which has been made available to Data Controller without authorization. Data Controller ensures that if it becomes aware of the non-authorized availability of any personal data, this personal data shall not be transferred to another person or used by Data Controller. Please, let Data Controller know immediately by any of the contacts indicated in the Contact Details section if you become aware of the fact that a third party has unauthorizedly provided any personal data to Data Controller.

Contact Details

Any questions or requests related to our data processing and to your personal data stored in the system should be sent to the [email protected] e-mail address, or in writing to the address of 7252 Attala, Széchenyi utca 14., or contact us by phone at +36 70 883 9700. Please note that – in your own interest – concerning the data processing related to your personal data we are only able to provide information or take any action if you have credibly proven your identity.

Judicial remedy

Data Controller can be contacted with any questions or remarks related to data processing by any of the contact details indicated in the present Policy.

Investigation can be initiated at the Hungarian National Authority for Data Protection and Freedom of Information [postal address: 1530 Budapest, Pf.: 5., phone: +36 (1) 391-1400, email: [email protected], website: www.naih.hu], referring that there is an infringement or imminent threat of an infringement related to the processing of a personal data.

If the data subject’s rights have been violated, the data subject may also take action against Data Controller at the competent court. The court is acting immediately in this case (these actions have priority). Data Controller is obliged to prove that the data processing complies with the provisions of the law. The trial falls into the jurisdiction of the regional courts. At the discretion of the data subject, the action may be brought before the regional courts having jurisdiction based on the place of residence or the place of stay of the data subject.

[1] Profiling is any form of automated processing of personal data in which personal data are used to evaluate, analyse or predict certain personal characteristics of the user (e.g. characteristics related to personal preferences, interests, health, behaviour, location, or movement).

[2] Processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall be subject to appropriate safeguards protecting the rights and freedoms of the data subject. These safeguards shall ensure that technical and organizational measures are in place in particular in order to ensure respect for the principle of data minimisation. These measures may include pseudonymisation provided that these purposes can be fulfilled in that manner. If these purposes can be fulfilled by further data processing which does not permit or no longer permits the identification of data subjects, these purposes shall be fulfilled in that manner.