Summary

This Data Protection Policy (“Data Protection Policy”) stipulates the rules for personal data protection in the company SUNČANI HVAR d.d., Ive Miličića 3, 21 450 Hvar, OIB 29834131149 (“Company”). It provides for the rules of personal data protection and reflects the data privacy rules required by the GDPR and other national data privacy legislation.

The Company takes personal data protection seriously and handles the personal data with sufficient carefulness and responsibility when performing its business activities. A personal data breach may result in serious legal and economic consequences for the Company, its employees and data subjects. It may also cause damage to the company’ reputation. Through the implementation of the Data Protection Policy across the Company, the risks of, and arising from, breaching data protection will be minimised.

Information Memorandum

APPLICABILITY

This Data Protection Policy is binding for the Company and its employees. It relates to all personal data processing to which the GDPR and the national legislation apply.

1. PROCEDURE AND COMPETENCIES

The following articles describe the procedures followed by the Company when processing the personal data. Furthermore, they provide a brief description of the split of the competencies and key roles in the Company in the area of personal data processing.

1.1 GENERAL OBLIGATION

The Company has taken and shall continue to take appropriate technical and organisational measures in order to ensure the protection of the personal data against misuse, loss and damage, and to treat them in accordance with the GDPR and the national legislation in the area of data privacy. The data protection applies to the processing of the personal data of the Company’ partners, employees, their family members, job applicants, customers and other individuals whose personal data are processed by the Company.

1.2 BASIC PRINCIPLES OF PERSONAL DATA PROTECTION

The Company respect the basic principles stipulated by the GDPR in processing the personal data. The respective basic principles are listed below:

• Lawfulness principle – at least one lawful basis has to be determined prior to processing the personal data;
• Principle of limitation by purpose – process the personal data only for pre-defined purposes;
• Data minimisation principle – processing of only necessary, relevant and adequate personal data for any legitimate purpose;
• Correctness and transparency principle – open and transparent processing to the data subjects;
• Integrity and confidentiality principle, application of the “need to know” principle – implementation of necessary organisational and technical measures in order to ensure the restriction of access to the personal data to prevent an unauthorised or unlawful processing;
• Accuracy principle – processing of accurate and up-to-date personal data;
• Controlled change management regime – a change of the current processing system to a new method is a subject to the DPO’s or controller’s consideration and a potential subsequent preparation of the Data Privacy Impact Assessment;
• Definition of roles participating in the personal data protection in the Company.

1.3 LAWFUL BASES AND PERSONAL DATA PROCESSING PURPOSES

The personal data processing is always based on the lawful bases, which include the consent to the personal data processing, compliance with a legal obligation, the performance of a contract, the legitimate interest, the public interest or the protection of the interests of the data subject.

1.4 PROCESSING OF SPECIAL CATEGORIES OF PERSONAL DATA AND PERSONAL DATA RELATING TO CRIMINAL ISSUES

Special categories of personal data and personal data relating to criminal issues are especially sensitive and therefore a high degree of protection is applied. Any processing of special categories of personal data is consulted with the DPO.

1.5 PERSONAL DATA TRANSFER

The Company may only make personal data available to third parties (including a personal data transfer within the group) under certain conditions. Personal data may only be available to a third party acting as a processor based on a personal data processing agreement. Personal data may also be available to another third-party acting as a controller or a joint-controller based on relevant contractual agreements.

In case there are requirements for rectification or erasure of the personal data or for processing restrictions, under certain circumstances, the Company notifies the relevant third parties to which the personal data were made available, unless this is not feasible or requires an inadequate effort. The Company informs a data subject on the third parties to which the concerned personal data were disclosed, only if required to do so by the data subject.

Under certain conditions, the Company can also transfer personal data to third countries outside the EEA or the European Union or to the international organisations. To assess legal conditions under which personal data may be transferred to third countries or to international organisations, the Company addresses the DPO for consultations.

1.6 RIGHTS OF DATA SUBJECTS

The Company takes all necessary steps to execute the rights of the data subjects stipulated by the GDPR. In respect of the personal data processing, data subjects have the rights comprising the right of access to personal data, the right to rectification, processing restriction, portability or erasure of personal data, the right to object to the personal data processing and the right not to be a subject to a decision based exclusively on the automated personal data processing.

The data subjects can request the exercise of their rights via a written or oral request. In order to provide the sufficient protection of the personal data processed by the Company and to prevent personal data misuse from taking place, the Company has introduced rules for the verification of the identity of the data subjects stated below.

Written request

To request the exercise of the particular right in writing, the data subjects shall fill in the request form attached to this Data Protection Policy or available from the DPO. The data subjects’ signatures on the requests forms need to be officially certified. You may be able to have your signature certified at a notary public office, attorney-at-law, consulate or in case of delivery of request by e-mail on DPO’s address, you may verify your signature with electronic signature. If a written request is submitted directly to the Company’s premises, signature verification is not required, but it is sufficient to personally access it with the presentation of a valid ID.

Oral request

Data subjects may also request the exercise of their particular right in person, in Company’s registered seat at address: Ive Miličića 3, 21 450 Hvar, Croatia. Your identity will be verified by the Company’s designated employee (e.g. at a front desk), based on the submission of one of the following documents: personal ID card, passport or other document with a photo sufficiently eligible to enable your clear identification.

The exercise of data subjects’ rights shall not affect the rights of the third parties. Should the requests submitted by data subjects be manifestly unfounded or excessive, in particular because of the repetitive character, the Company may require a reasonable fee, not exceeding the necessary costs of the provision of the above stated information or arranging the exercising of the data subjects’ rights, for the purposes of responding to their request.

The Company ensures sufficient communication and cooperation in order to process all received requests in adequate time. The Company’s departments closely cooperate to provide the concerned data subject with a response within the statutory periods.

1.7 ROLES AND RESPONSIBILITIES

The Company and its statutory bodies are responsible for ensuring compliance with the GDPR and the relevant national data privacy legislation.

1.8 DPO

The Company has appointed a DPO with the functional and organisational responsibility for compliance with the legal regulations and internal regulations of the Company concerning the personal data protection.

The DPO can be contacted via e-mail dataprotection@suncanihvar.com or via post at the address Ive Miličića 3, 21 450 Hvar, Croatia.

1.9 RESPONSIBILITIES OF DATA OWNERS AND OF ALL EMPLOYEES

All data owners within the Company and all employees are obliged to process the personal data in compliance with the Company’ internal policies, the GDPR and other national data privacy legislation.

1.10 NOTIFICATION OF A PERSONAL DATA BREACH

The Company report any alleged breach of the personal data security to the DPO immediately, in any case no later than within 24 hours. If the breach of personal data meets the requirements for reporting to the respective supervisory authority and/or data subjects, the DPO fulfils this obligation within 72 hours from the personal data breach.

1.11 PERSONAL DATA ERASURE

The Company processes personal data only for a necessary time. Personal data are erased or anonymised under the following circumstances:

• Expiration of the purpose of the personal data processing without any other legitimate purpose for replacement;
• Personal data are not further needed for the purpose for which they were processed;
• Withdrawal of the data subject’s consent without any other lawful basis for processing;
• Objection of the data subject against the processing without any other prevailing justified reasons; and
• Unlawful processing of the personal data.

The Company puts an emphasis on observing the necessary security measures during erasure or anonymization.

1.12 PERSONAL DATA PUBLISHING IN PUBLIC MEDIA AND THE INTRANET

The Company may publish personal data in the Intranet, the Internet or any other media only with a consent of the concerned data subject, unless there is another legal basis in specific cases.

2. BASIC TERMS/ABBREVIATIONS

2.1 DATA SUBJECT

An identified or identifiable individual whose personal data are processed; an identifiable individual is an individual who can be identified either directly or indirectly, predominantly with reference to a certain identifier, such as a name, identification number, location data, online identifier or one or more special elements of the physical, physiological, genetic, psychical, economic, cultural or social identity of the individual.

2.2 DATA CONTROLLER

A natural or legal person, public authority, agency or another body which, alone or jointly with others, determines the purposes and means of personal data processing.

2.3 PROCESSOR

A natural or legal person, public authority, agency or another body which processes personal data on behalf of the controller.

2.4 PERSONAL DATA

Any information on the identified or identifiable individual.

2.5 SPECIAL CATEGORY

Personal data providing information on racial or ethnic origin, political opinions, religious or philosophical beliefs or trade union membership and the processing of genetic data, biometric data for the purposes of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation.

2.6 NATIONAL DATA PROTECTION LAW OF MEMBER STATES

Legislation on Personal Data Protection adopted by Member States in accordance with GDPR.

2.7 GDPR

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).

2.8 PERSONAL DATA PROCESSING

Any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

2.9 DPO

Data Protection Officer.

2.10 ANONYMISED INFORMATION

Information not relating to an identified or identifiable individual, including personal data anonymised so that the data subject is not or ceased to be identifiable.

2.11 THIRD PARTY

Any legal entity or individual who is not the Company’s employee, except for data subjects.

2.12 CONSENT

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.

Appendix no. 1-Request Form

GDPR Data subject request form

Information Memorandum