The Otto von Habsburg Foundation (hereinafter “Otto von Habsburg Foundation”) shall pay particular attention to conducting its data processing in accordance with the European Parliament and Council (EU) Regulation 2016/679, Act CXII of 2011 on the Right to Informational Self-Determination and Freedom of Information, and other legislations, as well as the data protection practices developed in the course of the activities of the Hungarian National Authority for Data Protection and Freedom of Information (hereinafter “Authority”), in compliance with the major international recommendations related to data protection.
The Otto von Habsburg Foundation hereby informs the visitors of its website about the personal data processed on its website, its policy on the use of personal data, the organisational and technical measures taken to protect personal data, as well as the methods and options for exercising the rights of Data Subjects.
Definition of terms
Data Subject: a natural person who is identified or can be identified, directly or indirectly, on the basis of specific personal data
Personal data: any information relating to an identified or identifiable natural person (data subject); in particular by reference to an identifier such as a name, an identification number, location data or to one or more factors specific to the physical, physiological, mental, economic, cultural or social identity of the Data Subject, and the inference that can be drawn from the data concerning the Data Subject
Special data: belonging to special categories of personal data, revealing racial or ethnic origin, political opinions or party affiliation, religious or philosophical beliefs, memberships in representative organisations, and personal data concerning sex life, health, harmful addictions and criminal offences
Consent: a voluntary and explicit indication of the Data Subject’s wishes, on the basis of appropriate information, by which they give their unambiguous consent to the processing of their personal data, whether in full or in relation to specific operations
Objection: a declaration by the Data Subject objecting to the processing of their personal data, requesting the cessation of the processing or the erasure of the processed data
Data controller: the natural or legal person, or unincorporated body which, alone or jointly with others, determines the purposes and means of the processing of personal data, determines and implements the decisions concerning the processing (including the means used) or implements them through a Data Processor on their behalf
Data controlling: any operation or set of operations which is performed on personal data or sets of personal data whether or not by automated means, such as collection, recording, capturing, organization, structuring, storage, adaptation or alteration, use, retrieval, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction as well as any prevention of their further use, taking of photographs, sound recordings or images, and any physical characteristics which are capable of identifying a person (e.g. fingerprints, palm prints, DNA samples, iris scans)
Data transmission: the disclosure of data to a specified third party
Public disclosure: making the data available to anyone
Data erasure: rendering data unrecognisable in such a way that its restoration is no longer possible
Data indication: the provision of an identifier to distinguish the data
Data retention: the provision of an identifier to data in order to limit its further processing permanently or for a limited period of time
Data processing: the performance of technical tasks related to data processing operations, irrespective of the method and means used to perform the operations and the place of application, provided that the technical task is performed on the data
Data Processor: a natural or legal person or unincorporated body who or which processes data on the basis of a contract with the controller, including a contract concluded pursuant to a legal provision
Third-party: a natural or legal person or unincorporated body that is not the Data Subject, Controller or Processor
Personal data breach: unlawful handling or processing of personal data, in particular, unauthorised access, alteration, disclosure, transmission, erasure or destruction, as well as accidental damage or destruction
The Data Controller’s identifying data
Company name of the Data Controller: Otto von Habsburg Foundation (hereinafter referred to as the “Data Controller”)
Headquarters: H-1088 Budapest, Szentkirályi str. 51
E-mail address: firstname.lastname@example.org
Telephone number: +36 1 522 2050
Name and contact details of the Data Protection Officer: Szilveszter Dékány, H-1088 Budapest, Szentkirályi str. 51. email@example.com
The type of personal data processed; the purpose, scope, legal basis and duration of the processing
When using the Otto von Habsburg Foundation’s online services, you may disclose some of your personal data to us. We shall exercise due care to use your data only to the extent necessary and sufficient in accordance with the letter and spirit of the aforementioned laws and regulations.
Thus, your personal data (i.e., data that can be associated with you personally) may be processed by us in the following ways:
- by subscribing to our newsletter, you provide your name and e-mail contact details,
- alternatively, you can provide your name, contact details or other necessary information if you wish to contact us directly,
- technical data relating to your computer, browser software, internet address, pages visited, etc., are automatically collected from time to time on our servers.
You can subscribe to the newsletter of the Otto von Habsburg Foundation by filling in your name and e-mail address, in which case the legal basis for data processing is the consent given during registration. The subscription is subject to the condition of having read the Habsburg Otto Foundation’s data processing policy and making a declaration confirming compliance. The processing of data will continue until the date of withdrawal of consent. Consent may be withdrawn by using the link in the newsletter or by sending an e-mail to firstname.lastname@example.org.
The purpose of the data processing is to inform the individuals who subscribe to the newsletter by sending a newsletter to them about the latest news directly or indirectly concerning the Otto von Habsburg Foundation.
The Otto von Habsburg Foundation also provides information on its website about the news and events that fall within the scope of its activities.
The legal basis for the processing of data relating to submitted complaints is the investigation of public interest reports, as defined in Act CLXV of 2013.
When a complaint is made by telephone or in person, and there are no audio recordings of the complaint, the complaint shall be recorded in writing, including the personal data of the person making the complaint, and the person concerned consents to the processing and storage of such data. The personal data provided by telephone (telephone number, e-mail address, address) are only required for administrative purposes, to clarify any issues that may arise during an on-site inspection and to inform the Data Subject about the matter.
All complaints received will be processed by the Otto von Habsburg Foundation in accordance with the applicable legal provisions in force at all times. In accordance with Act LXVI of 1995 on public records, public archives and private archives, complaints and requests of public interest may not be discarded for ten years and are therefore, shall be archived.
The personal data provided in complaints and reports of public interest will not be further used. For statistical purposes, only the data of the district indicated in the report will be used, not the street names and house numbers.
Data Processors, who have the right to access the data
Only the authorised employees of the Otto von Habsburg Foundation are entitled to process the data.
The Otto von Habsburg Foundation only discloses data to third parties if required to do so by law or if the user has given their consent in a credible manner.
The Data Processors shall carry out technical tasks requested by the Otto von Habsburg Foundation on the basis of the directions of the Otto von Habsburg Foundation.
The Otto von Habsburg Foundation will process personal data with the utmost care, in strict confidence, limited to the extent necessary for the use of its services and, in case of consent, in accordance with any provisions of the Data Subject.
The Otto von Habsburg Foundation obliges itself to ensure the security of the personal data it processes. The Otto von Habsburg Foundation is committed to the secure management of personal data and has therefore taken the technical and organisational measures and established the procedural rules necessary to enforce data management and data protection regulations. The Otto von Habsburg Foundation regularly reviews these measures and rules and modifies them, where deemed necessary.
It ensures that personal data are only disclosed to persons in authorised positions while applying a high level of access controls.
Rights of users regarding the processing of their personal data and the means of exercising these rights
Any person has the right to request information on the data processed by the Otto von Habsburg Foundation or by its Data Processors or by Data Processors appointed by it, in particular on the source, purpose, legal basis and duration of the data processing; the name and address of the Data Subject and their activities related to the data processing; the circumstances and effects of any data protection incident and the measures taken to remedy the incident; and, in the event of a data transfer, the legal basis and the recipient of the data.
The Otto Habsburg Foundation shall provide the information in writing within the shortest possible period of time, but not exceeding 30 days; it shall refuse to provide the information only in cases stipulated by law. In this case, the Otto von Habsburg Foundation shall inform the person requesting the information in writing as to which provision of the law is the basis for the refusal to provide the information and shall also inform them of the legal remedies available against the corresponding decision.
If the personal data is erroneous, a correction may be requested. If the correct personal data is available, the Otto von Habsburg Foundation will rectify the personal data.
The personal data shall be erased if
- the processing is unlawful;
- the Data Subject requests the erasure of their personal data or withdraws their consent, except in cases of mandatory processing;
- these are incomplete or inaccurate and cannot be lawfully rectified, provided that erasure is not prohibited by law;
- the purpose of the processing has ceased to exist or the retention period of the data has expired, except if the data carrier is subject to archiving;
- the erasure has been ordered by the court or the Authority.
The Data Subject may initiate the erasure or withdrawal of their consent to data processing by submitting a written request to the Otto von Habsburg Foundation.
The Otto von Habsburg Foundation shall notify the person who submitted the request in writing, by electronic means with the consent of the person who submitted the request, of the rectification, restriction, marking and erasure, or of the fulfilment of the request or of the obstacles to the fulfilment of the request, within the shortest possible period of time from the date of the submission of the request, but not later than 30 days, and in case of refusal of the request, of the factual and legal grounds for the refusal, including information on the legal remedies available.
The data subject may object to the processing of personal data,
- if the processing or disclosure of the personal data is solely required for the fulfilment of a legal obligation relating to the Otto von Habsburg Foundation or for the purposes of the legitimate interests pursued by the controller, the recipient or a third party (except in cases of mandatory processing),
- if the personal data are used or disclosed for direct marketing, public opinion polling or scientific research purposes, as well as
- in other cases provided for by law.
The Otto von Habsburg Foundation shall review the request within the shortest possible time from the receipt of the objection, but not later than 15 days, and shall decide if the request is well founded, and shall inform the requester of the decision in writing.
If the objection is legitimate, the Otto von Habsburg Foundation shall cease processing the data, shall restrict the data, and shall notify the persons to whom the personal data concerned were previously disclosed, about the objection and the measures taken in response to the objection, and who shall be obliged to take measures to enforce the right to object.
Options to exercise legal rights in relation to data processing
If the Data Subject considers the processing of their personal data by the Data Controller to be in violation of the established legal regulations on data protection, especially the General Data Protection Regulation, the Data Subject is entitled to file a complaint at the Hungarian National Authority for Data Protection and Freedom of Information (“NAIH”).
Contact details of NAIH:
The Data Subject is entitled to file complaints at other supervisory authorities established in other Member States of the European Union, especially ones according to their usual place of residence, workplace or the place of the assumed infringement.
The Data Subject – regardless of their right to file complaints – may take the matter to court. In the case of the Data Controller, the competent court is the Budapest-Capital Regional Court, but the Data Subject may also take legal action before the court of their place of residence. The contact details of courts in Hungary can be found at the following link: http://birosag.hu/torvenyszekek. The Data Subject may also initiate proceedings before the competent court of the Member State of his or her habitual residence in case the Data Subject has their habitual residence in another Member State of the European Union. The Data Subject also has the right to take legal action against a legally binding decision of the supervisory authority which is addressed to them.