According to the requirements of the Regulation (EU) no. 679/2016 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), as well as according to the subsequent national legislation on the processing of personal data and of Law No. 506/2004 on personal data processing and privacy protection in the field of electronic communications, with its subsequent amendments, Biofarm S.A. is obliged to manage under safety conditions and only for the specified purposes in compliance with the enforceable legal provisions applicable to the capital market, the personal data provided to us about yourself, as the shareholder of the company.
This information note is addressed exclusively to the shareholders of Biofarm S.A.
Purposes of processing
The purposes of collecting and processing the shareholders’ personal data are:
- registration in the shareholders’ register
- holding the Corporate events/General Meetings of Shareholders
- checking the presence at the General Meetings of the Shareholders of Biofarm S.A.
- distribution of dividends according to the number of shares held by each shareholder
- making official communications related to the situation of the company of interest for the shareholders of Biofarm S.A.
- checking the shareholders’ status
- fulfilling the legal obligations regarding the seizures of the shareholders' income
- fulfilling other legal obligations of the company, such as responding to your inquiries regarding the information provision, company reporting, auditing and high-quality risk management etc.
Access to shareholders information
We will disclose your personal data only for the purposes and to those third parties, as described below. Biofarm S.A. will take the necessary measures to make sure that your personal data is processed, secured and transferred according to the enforceable laws.
Suppliers of external services
Where necessary, we will request other companies and individuals to fulfil certain tasks that contribute to our services, on our behalf, within the provided agreements for the data processing, for which you provided your explicit consent. We may, for example, provide personal data to agents, contractors or partners for hosting our databases, for the data processing services or to send you the information you requested.
We will share or make available to external services suppliers those pieces of information, to the necessary extent, to process your requests. These pieces of information cannot be used for any other purposes, especially for their own or for third parties’ purposes. Biofarm S.A.’s third party suppliers are obliged to comply with the confidentiality of personal data.
We hereby inform you that one of the third parties with which the company Biofarm S.A. communicates for the validation of shareholders’ data is Depozitarul Central S.A., the only Romanian company empowered to manage the shareholders’ data and that the accuracy of the shareholders’ information held by Biofarm S.A. is in accordance with the data communicated by Depozitarul Central S.A.
We will disclose your personal data only to public authorities, if this is provided by the law. For example, the company will respond to courts of law, law enforcement authorities, regulatory agencies and other public and official authorities’ requests, which may include such authorities also outside the country of residence.
For how long will we keep the personal data?
We do not store your personal data more than necessary for the purpose for which we retained them and namely to comply with the obligations which the company Biofarm S.A. has towards its shareholders.
Your legal rights
As a data subject, you have specific legal rights on your personal data which we collect from you. Biofarm S.A. will respect your individual rights and will appropriately deal with your interests.
- The right of withdrawal of consent: You may oppose to the processing of personal data at any time.
- The right to rectification: You can obtain from us the rectification of your personal data. We make reasonable efforts to keep the personal data – which are continuously used, and which are under our possession or control – exact, complete, current and relevant, based on the most recent information available for us.
- The right to restriction: You can obtain from us the restriction for processing personal data if:
- you challenge the correctness of your personal data for the period in which we must check the accuracy,
- processing is illegal, and you ask for the restriction of processing rather than for the deletion of personal data,
- we do not need your personal data anymore, but you request them to find, exercise or defend a right, or
- you oppose to the processing during the period in which we are checking whether our legitimate reasons have priority over yours.
- The right to access: You can request information from us on the personal data we own about you, including information with regard to which categories of personal data we have in our possession or control, the reason for which they were used, where we collected them from, if they are not collected directly from you and whom they were disclosed to, if appropriate. You can obtain a copy from us, free of charge, containing the personal data we own about you. We reserve the right to perceive a reasonable fee for each additional copy you might request.
- The right to portability: Upon request, we will transfer the personal data to another operator, where it is possible from a technical and legal point of view, provided that the processing is based on your consent or is necessary for the execution of a contract.
- The right to deletion: You can obtain from us the erasure of personal data if:
- your personal data is no longer necessary in relation to the purposes for which they were collected or are processed in another manner;
- you are entitled to oppose the subsequent processing of personal data (see below) and to execute this right of objection to processing;
- personal data was illegally processed;
Except for the case in which processing is necessary:
- in order to meet a legal obligation requiring the processing by us;
- especially for the legal requirements for storing the data;
- for finding, exercising or defending a right.
- The right of opposition: You could object – at any time – to the processing of personal data. In this case, we will no longer process the personal data if we cannot demonstrate good, legitimate reasons and a major interest for the processing or for finding, exercising or defending a right. If you oppose processing, please specify if you want the deletion of personal data or the restriction of their processing by us.
- The right to file a complaint: In the case of alleged violation of the legislation in force on confidentiality, you can file a complaint at the supervisory authority for data protection in the country in which you are living or where the alleged violation occurred.
Note on your rights
Although these rights mentioned above have a general character, part of them do not have applicability in the case of Biofarm S.A.’ shareholders, as the company is processing data only for compulsory purposes, according to the legal provisions coming from the company-shareholder relationship.
- The time period: We will try to meet the request regarding the exercise of your legal rights within 30 days. However, the period can be extended for specific reasons regarding the specific legal rights or the complexity of the request.
- The access restricting: In certain situations, it is possible to not be able to grant you access to all or part of the personal data, due to the legal provisions. If we will refuse your access request, we shall inform you with regard to the reason of the refuse.
- Identification impossibility: In some cases, it is possible to not be able to search for your personal data due to the identification elements provided in your request.
In such cases, in which we cannot identify you as the data subject, we will not be able to handle your request to exercise the legal rights as described in this section, as long as you do not provide additional information that allows your identification.
- The exercise of your legal rights: in order to exercise your legal rights, please contact our Data Protection Officer by writing an e-mail at email@example.com.
This information note was last updated on 16.02.2021.