Information about processing the personal data of Foundation scholarship applicants
1. The administrator responsible for processing my personal data is:
THE KELLNER FAMILY FOUNDATION, registration number: 28902254, registered office: Evropská 2690/17, 160 41 Praha 6 (hereinafter referred to as the “Administrator”), the “data administrator” of my personal data. Contact details: THE KELLNER FAMILY FOUNDATION, email: firstname.lastname@example.org, tel.: +420 224 174 462, address: Evropská 2690/17, 160 41 Praha 6, Czech Republic, www.kellnerfoundation.cz.
The Administrator’s personal data protection obligations arise from:
I. 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 free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) – this Regulation 2016/679 hereinafter referred to as the “GDPR” – with effect from 25 May 2018; and
II. Czech Act No. 110/2019 on the processing of personal data, as amended (the “Personal Data Processing Act”).
2. Specification of my personal data managed by the Administrator:
a. a. the data provided in the application and its attachments relating to me
b. the data I have provided to the Administrator associated with my application insofar as it relates to me, for example, my date of birth, place of residence, photographs, details of my family circumstances, details of my educational results and sporting achievements, details of my social status and health
c. data obtained by the Administrator from publicly accessible sources in the process of verifying the data provided in my application (e.g. data from the Cadastral Register, the Public (formerly Commercial) Register, the Trades Register, the Insolvency Register, the Enforcement Orders Register, etc.)
hereinafter referred to as “my personal data”. Where I have provided the personal data of persons other than me in the application, the term “my personal data” is also taken to mean such data of these other persons.
• “Application” means the electronic application form for a scholarship to study at university and its attachments, as filled in by me
• “Application” also means an application for the Foundation’s scholarship in the form of coverage of tuition fees at OPEN GATE – gymnázium a základní škola, s.r.o., as filled in by me.
• “Applicant” means the person who applies for the Foundation’s scholarship.
Where I have also entered the personal data of persons other than myself in the application, I declare that I have entered the data of these other persons in the form with their explicit consent and that these persons have been acquainted with the terms and conditions applicable to the processing of their personal data, as specified in this Information Memorandum and the information in the section “INFORMATION ABOUT YOUR RIGHTS”.
3. Period for which the Administrator may retain my personal data:
Until a decision is made whether the applicant will be granted a Foundation scholarship, but no more than 60 (sixty) days after the deadline for the receipt of applications by the Administrator in the current calendar year. If the Administrator decides not to grant the applicant a Foundation scholarship, my personal data will be destroyed within the aforementioned timeframe; the Administrator will retain only the following personal data about me: (i) full name; (ii) home address; (iii) electronic address; (iv) the subject of the application; (v) the fact that the application was rejected and when it was rejected – hereinafter referred to collectively as the “Basic Information”. Basic Information is processed for a period of 10 years. At the end of this period, the data will be anonymized so that I cannot be identified retrospectively. Data rendered anonymous in accordance with the preceding sentence will be used for statistical purposes. If the Administrator decides to grant the applicant a Foundation scholarship, personal data will be handled according to the law for the “execution of a contract” under Article 6(1)(b) of the GDPR.
4. Purposes of processing my personal data:
a. for the Administrator to evaluate the application, determine the family, economic and social circumstances of the family/environment which the applicant for a Foundation scholarship comes from, and determine the applicant’s need for support
b. for the Administrator to decide whether the applicant is eligible for the Foundation scholarship which the applicant is seeking
c. to promote the Administrator and inform the public of the Administrator’s activities and projects and the persons who benefit from the Administrator’s support (in particular, on the website and in social and other media).
Processing of Basic Information – purposes:
a. to keep records of applicants for Foundation scholarships
b. to record how frequently an individual applicant applies for a Foundation scholarship.
INFORMATION ABOUT OTHER CONDITIONS RELATING TO THE PROCESSING OF MY PERSONAL DATA/BASIC INFORMATION:
5. Lawful basis for processing my personal data/Basic Information:
I am aware that the lawful bases for the Administrator to process my personal data/Basic Information are:
1) the steps taken at the request of the data subject before entering a contract and the need to execute the contract when a Foundation scholarship is granted (Article 6(1)(b) of the GDPR); and
2) a legitimate interest pursued by the Administrator (Article 6(1)(f) of the GDPR).
I am aware that I am under no obligation to provide my personal data to the Administrator, i.e., I am doing so entirely voluntarily and at my own discretion. I am aware that my consent to the processing of my personal data/Basic Information for the purposes and period specified above is not required.
I am also aware that the Administrator has established certain frameworks to assess any individual applicant’s eligibility for a Foundation scholarship and that the Administrator decides whether the applicant will be granted a scholarship under these frameworks. Such decisions by the Administrator therefore require the disclosure of my personal data to the Administrator. Accordingly, if I do not provide the Administrator with the personal data necessary to fulfil the purpose under point 4 above, the Administrator will not be able to evaluate the current application in a sufficiently competent manner, and in this context, the applicant will not be granted a Foundation scholarship. In such case, the personal data I have disclosed will be destroyed.
The applicant acknowledges that the Administrator is legally required to specify in the Administrator’s annual report any applicant who is awarded a Foundation scholarship to study at university and the amount of the Foundation scholarship. A recipient of a Foundation scholarship to study at university may ask the Administrator to preserve their anonymity, provided that the conditions of Section 359 of Act No. 89/2012, the Civil Code, as amended, are met.
Information about your rights
You have certain rights under 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 free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) – this Regulation 2016/679 hereinafter referred to as the “GDPR”.
According to Article 13 of the GDPR:
- I have the right to request information from the Administrator about the processing of my personal data if the Administrator has collected such data directly from me.
According to Article 15 of the GDPR (my right of access to my personal data):
– I have the right to obtain confirmation from the Administrator whether my personal data is being processed, and in such case, I have the right to access my personal data and the following information: (a) the purposes of processing; (b) the categories of personal data concerned; (c) the recipients or categories of recipient to whom my personal data has been or will be disclosed, in particular, recipients in third countries or international organizations; (d) the envisaged period for which my personal data will be stored, or, if this period cannot be specified, the criteria used to determine such period; (e) the existence of the right to request from the Administrator the rectification or erasure of my personal data or the restriction of processing of my personal data, or to object to such processing;
– the right to lodge a complaint with a supervisory authority;
– where my personal data is not collected directly from me, any available information as to their source; the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR, and in such cases, meaningful information about the logic involved and the significance and envisaged consequences of such processing for me.
– I have the right to be provided with a copy of my personal data processed by the Administrator. For any other copies, the Administrator may charge a reasonable fee according to the administrative costs. If I make the request by electronic means and do not request otherwise, the information will be provided to me in a commonly used electronic form.
According to Article 16 of the GDPR (right to the rectification of my personal data):
– I have the right to obtain from the Administrator, without undue delay, the rectification of inaccurate personal data concerning me. Taking into account the purposes of processing, I have the right to supplement incomplete personal data, including by providing a supplementary statement.
Under Article 17 of the GDPR (right to erasure of my personal data):
– I have the right to obtain from the Administrator, without undue delay, the erasure of my personal data where one of the following reasons exists:
(a) my personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed;
(b) the data subject withdraws consent on which the processing is based pursuant to point (a) of Article 6(1), or point (a) of Article 9(2) of the GDPR and for which no other legal ground for processing exists;
(c) I object to processing pursuant to Article 21(1) of the GDPR and no overriding legitimate grounds for processing exist or I object to processing pursuant to Article 21(2) of the GDPR;
(d) my personal data has been unlawfully processed;(e) my personal data must be erased for compliance with a legal obligation in the EU or an EU Member State law which the Administrator is subject to.
– points (a) to (e) above do not apply to the extent that the processing of my personal data is necessary:
(a) to exercise the right of freedom of expression and information;
(b) to comply with a legal obligation which requires processing by the EU or an EU Member State law which the Administrator is subject to or for the execution of a task performed in the public interest or the exercise of official authority vested in the Administrator;
(c) for reasons of public interest concerning public health;
(d) for archiving purposes in the public interest, scientific or historical research purposes or for statistical purposes, in accordance with Article 89(1) of the GDPR;
(e) to establish, exercise or defend a legal claim.
Under Article 18 of the GDPR (right to the restriction of processing of my personal data):
– I have the right to obtain from the Administrator the restriction of processing where one of the following circumstances applies:
(a) I contest the accuracy of my personal data for a period enabling the Administrator to verify the accuracy of my personal data;
(b) the processing is unlawful, and I oppose the erasure of my personal data and request the restriction of its use instead;
(c) the Administrator no longer needs my personal data for the purposes of processing, but I require it to establish, exercise or defend a legal claim;
(d) I have objected to processing pursuant to Article 21(1) of the GDPR, pending verification whether the legitimate grounds of the Administrator override mine.
– Where processing has been restricted under points (a) to (d) above, my personal data may, with the exception of storage, only be processed with my consent or to establish, exercise or defend a legal claim or to protect the rights of another natural or legal person or for reasons of important public interest of the European Union or an EU Member State.
Pursuant to Article 19 of the GDPR (obligation to notify regarding rectification or erasure of my personal data or restriction of processing):
– The Administrator must communicate any rectification or erasure of my personal data or restriction of processing to each recipient to whom my personal data has been disclosed, unless this proves impossible or involves disproportionate effort. The Administrator will inform me of these recipients only if I so request.
Pursuant to Article 20 of the GDPR (right to data portability):
I have the right to receive the personal data concerning me and which I have provided to the Administrator in a structured, commonly used and machine-readable format, and I have the right to transmit such data to another administrator without obstruction from the Administrator, where processing is performed by automated means and on the basis of consent in accordance with point (a) of Article 6(1) or point (a) of Article 9(2) of the GDPR or on the basis of a contract in accordance with point (b) of Article 6(1) of the GDPR.
In exercising my right to data portability in accordance with the preceding sentence, I have the right to have my personal data transmitted by the Administrator directly to another administrator, where technically feasible.
Pursuant to Article 21 of the GDPR (right to object):
– I have the right to object on grounds relating to my particular situation, at any time, to the processing of my personal data, in accordance with point (f) of Article 6(1) (the Administrator’s legitimate interest), including profiling based on those provisions. The Administrator will no longer process my personal data unless the Administrator demonstrates compelling legitimate grounds for processing which override my interests, rights and freedoms or for the establishment, exercise, or defence of legal claims.
– I may exercise my right to object by automated means using technical specifications.
Pursuant to Article 22 of the GDPR (automated individual decision-making, including profiling):
– I have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning me or significantly affects me in a similar manner . This does not apply if the decision:
(a) is necessary to enter or execute a contract between me and the Administrator;
(b) is authorised by the EU or an EU Member State law which the Administrator is subject to and which also stipulates suitable measures to safeguard my rights and freedoms and legitimate interests;
(c) is based on my explicit consent.
Pursuant to Article 34 of the GDPR (notification of a personal data breach)
– The Administrator is required to notify, without undue delay, any breach of my personal data which may result in a high risk to my rights and freedoms.
– However, notification in accordance with this paragraph is not required if any of the following conditions are met:
(a) the Administrator has implemented appropriate technical and organisational measures for protection and applied those measures to the personal data affected by the personal data breach, in particular, measures such as encryption which render the personal data unintelligible to any person who is not authorised to access it;
(b) the Administrator has taken subsequent measures which ensure that a high risk to the rights and freedoms referred to in the first paragraph is no longer likely to materialise;
(c) disproportionate effort would be involved. In such case, you will be informed in an equally effective manner through a public notice or similar measure. Lodging a complaint with the Office for Personal Data Protection – you have the right to lodge a complaint concerning personal data processing with the Office for Personal Data Protection at Pplk. Sochora 27, 170 00 Praha 7. The office’s website is www.uoou.cz.
Information about how to exercise the rights of an applicant for a Foundation scholarship
An applicant for a Foundation scholarship may exercise their rights directly with the personal data administrator at the contact address provided above, namely:
• in person at the reception desk in the main building
• electronically via data box
• by email
If a request is submitted electronically, the administrator will also provide the information electronically, unless requested otherwise by the applicant. If a request is submitted electronically, the administrator is obliged to verify the identity of the person who submitted the application so that information is not disclosed to unauthorised persons. The administrator will contact the person who applies for the scholarship to verify their identity. The administrator will provide a copy of the personal data which is processed, free of charge. If the same applicant for a scholarship repeatedly submits a request, their request will be regarded as manifestly unfounded. In such case, the administrator will charge the applicant a reasonable processing fee or will refuse the request.
Please note that you are responsible for the personal data you provide and disclose to the administrator and that you must ensure it is relevant, true, accurate and not misleading. You are responsible for ensuring that the personal data you provide does not contain any material which is obscene, defamatory or in violation of the rights of any third party. The personal data provided must not contain malicious code. If you provide personal data relating to another person, such as an individual listed as your referee, you have a duty to inform them of this and to obtain their consent to do so.
This document may be revised or updated from time to time. Any changes will take effect after the updated version has been published on www.kellnerfoundation.cz. You will be notified of material changes sufficiently ahead of the date on which those changes will take effect.
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