This privacy information provides Comarch FSM mobile application (“Comarch FSM Application”) Users (“you”, “data subjects”) with information on processing of your personal data by Comarch S.A. and its affiliates (“Comarch”, “we”, “us” or the “Comarch Group companies”), in connection with your use of the Comarch FSM Application, being a part of FSM Cloud services delivered by Comarch.
Your use of the Comarch FSM Application has been ensured by your employer or business partner in connection with Comarch FSM Cloud services which have been contracted from Comarch. Comarch FSM Application allows your employer or business partner to plan and assign daily tasks, monitor the progress of these tasks, identify unplanned events and to receive reports of the final outcome of dispatched jobs. In that regard, with respect to your personal data we receive via your use of the Comarch FSM Application, your employer or business partner serve as the controller, whereas we are acting as the processor.
Processing of your personal data is governed by a data processing agreement entered into between your employer or business partner (as the controller) and Comarch (as the processor) (the “DPA”). Based on the DPA, we have been appointed to act as the processor to process your personal data on behalf of the controller.
The purpose of this privacy information is to provide you with brief information on the general possibilities of collection, use and sharing of your personal information in relation to your use of the Comarch FSM Application. We encourage you to contact person responsible for data protection at your employer or business partner (as the controller) for more detailed information about controller’s individual use and purpose of processing your personal data.
As used in this privacy information, the terms of “personal data”, “controller” and “processor” have the meaning set forth in the 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, “GDPR”).
As for the ‘cookies’, this privacy information applies also to the Comarch FSM Application Users while visiting various Comarch websites.
This privacy information is effective as of 24.05.2023. However, it may be changed at any time. The changed version will be made available with new release (if any) of the Comarch FSM Application or can be found on this website. The then-current privacy information applies to our processing of your personal data.
The processor(s) of your personal data is/are the Comarch Group company, being a party to the DPA with your employer or business partner, and/or the Comarch Group companies, being approved sub-processors. You may contact person responsible for data protection at your employer or business partner to find out more about the Comarch Group company providing Comarch FSM Cloud services, the controller’s representative and data protection officer. For locations of the used cloud-servers see Section 7.
Additionally, for an up-to-date list of the Comarch Group companies and their contact details, please go to: https://www.comarch.com/company/capitalgroup/>>and https://www.comarch.com/contact/worldwide-offices/ >>
Please note that if a processor is a Comarch Group company established outside the EU (and other than Comarch Swiss AG), pursuant to article 27 (1) of GDPR, we have designated Comarch S.A., with its registered office at Al. Jana Pawła II 39 A, 31-864 Kraków, as its representative.
If Comarch Swiss AG is a processor, then its representative is Comarch Software und Beratung AG, with its registered office at Riesstraße 16, 80992 Munich.
Any inquiries or requests related to the processing of personal data by any Comarch Group company should be directed to us using the contact details provided below:
Comarch S.A.
Al. Jana Pawła II 39 A
31-864 Kraków
Poland
gdpr@comarch.com
Personal data is collected during the registration and update of your Comarch FSM Application User Account: a/ directly in the Comarch FSM Application or b/ in Web FSM backoffice application, also by other Users performing Administrator, Dispatcher or Supervisor role (or adequate).
Personal data collected for each User includes: name, surname, e-mail address, phone number, company, position and addresses related to field tasks. Providing data indicated as required in the Comarch FSM Application User Account is necessary to allow the usage of the User Account for the Comarch FSM Application in the field. Providing other User data is voluntary.
Additionally, Comarch FSM Application accesses or may access features and information on your mobile device such as:
Personal data are processed by relevant Comarch Group companies on the basis of the DPA entered into between your employer or business partner (the controller) and us (the processor), pursuant to art. 28 (3) of the GDPR.
The DPA sets out the subject-matter and duration of the processing, the nature and purpose of the processing, the type of personal data and categories of data subjects and the obligations and rights of the controller and the processor.
Comarch processes your personal data in order to provide services available in the Comarch FSM Application. The scope of services available in the Comarch FSM Application and the rules of their provision are specified in the respective services contract entered into between your employer or business partner and us.
The period of processing your personal data is usually the duration of your use of the Comarch FSM Application and period of performing the relevant obligations with respect to your employer or business partner.
Where applicable and legally allowed, the processor may also process personal data for the purpose of confirming the performance of the commitments/obligations, asserting claims or defending against claims or others such as the protection of rights, the receipt of due payments or the confirmation of performance of the commitments/obligations. In such event, the processing period is the period of performing the relevant obligations and the statutory period of limitation of claims.
Comarch processes personal data in a proper manner and takes appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of personal data while processed.
Personal data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated, at the processor's operating offices and in other places where the parties involved with the processing are located.
The personal data is kept for the time necessary to provide the service, or stated by the purposes outlined in this privacy information, and you can always contact your employer or business partner (the controller), to exercise your rights as a data subject pursuant to GDPR.
Your personal data may be made available by us to competent authorities or institutions under applicable laws in Poland or abroad, to Comarch Group companies, your employer and business partner (the controller) or, where applicable and legally allowed, to other contractors, suppliers or service providers with whom we may cooperate in the development and proper operation of the Comarch FSM Application and related Comarch FSM Cloud services. In case of registering a User Account that allows the Comarch FSM Application to access the full range of Comarch FSM Services, your personal data may be shared with other system Users depending on their roles (e.g. Administrator, Dispatcher or Supervisor) assigned to the same organization structure defined in the Comarch FSM Application.
Personal data are stored on Comarch S.A.’s servers in Poland, but, where applicable and legally allowed, they may be remotely accessible to representatives of all necessary Comarch Group companies. Therefore, where applicable, necessary and legally allowed, please be advised that your personal data may be transferred to a non-EU country in which a Comarch Group company operates.
Where applicable, necessary and legally allowed, your personal data may be made available to suppliers, service providers and partners with whom Comarch Group companies cooperate, to the extent required to provide services to clients, maintain business contacts, pursue marketing activities, and manage the operations of Comarch Group companies.
If, where applicable, necessary and contractually or legally allowed, personal data could be transferred to a third country in respect of which no adequacy decision regarding the level of data protection has been issued by the European Commission, the Comarch Group companies will provide appropriate safeguards via standard data protection clauses adopted by the European Commission or the supervisory authority (in accordance with Article 46 (2) (c) and (d) of GDPR).
This privacy information does not limit your rights that you may exercise under, or in relation to, your agreement with your employer and business partner (the controller), GDPR or any other applicable legal provisions on protection of personal data. In each event, the controller is responsible for the permissibility of your personal data collection and processing by us and for the protection of the rights of data subjects, in particular for complying with the statutory requirements regarding the transfer or provision or making availability of personal data to us as the processor.
Please note that under the provisions of GDPR, you have the following rights as the data subject, which are to be asserted against the controller:
- right of access to data;
- right to rectification of data;
- right to erasure of data (‘right to be forgotten’);
- right to restriction of data processing;
- right to data portability;
- right to object (where the controller’s legitimate interest is the basis for data processing);
- right to withdraw consent (where consent is the basis for data processing).
The exercise of these rights is subject to the conditions set out in GDPR.
For the sake of clarity, Comarch does not have any control over the controller’s actions and omissions. We encourage you to contact person responsible for data protection at your employer or business partner in case of any inquiries or requests related to processing of your personal data.
As of May 25th 2018, you will also have the right to lodge a complaint with the competent supervisory authority. A list of supervisory authorities in EU Member States is available at https://ec.europa.eu/newsroom/article29/items/612080
The data provided by you will not be processed for automated decision-making.
Each visit of a User visiting Comarch Group companies websites is automatically registered in the server in the so-called system logs. Data saved in this way includes, among other things, date, time of the visit and the IP address. Data from the system logs are used only for purposes of server administration and for managing statistics of website visits.
Comarch Group companies websites utilizes so-called cookies, or information saved by the servers on User devices. This information can be collected every time the device is connected to the server. Comarch Group companies may use other similar technologies. Under our privacy document, information about cookies can also refer to other similar technologies used within Comarch Group companies websites. Cookies usually contains the name of the server it was sent from, the time of storing them on Users devices and a unique number. Cookies may be saved on the Users device, and then be used by external suppliers of tools for monitoring traffic and activity on the website, who cooperate with Comarch Group companies.
Cookies are used by the majority of highly developed websites to help Users navigate their websites efficiently and perform certain functions, including:
Comarch Group companies sites use the following types of cookies:
Cookies are not used for processing or storing personal details, they cannot be used for direct identification of a User, they do not change Users browser options or device configuration.
The User can independently determine and modify browser settings so that they will not accept cookies. If this option is selected many websites may not function properly or at all. It may be possible to set your browser to not accept cookies and ask for Users consent before each cookie used. This gives the User control over what is set on their device, however this has the drawback of slowing down the user’s browsing experience.
In order to manage your cookies, please select your browser from the list below and follow the instructions:
Mobile devices:
No change in cookies configuration means they will be set by the User’s devices, therefore Comarch Group companies will keep information regarding User devices and gain access to this information.
This privacy information is of a purely informational nature. It is copyright protected work and as such is legally protected. This document may only be used for its intended purpose and must not be reproduced or used in whole or in part for any other purposes.
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