GDPR – PepsiCo Partners
Privacy notice on the processing of personal data of the representatives, contact persons, employees, collaborators of the contractual partners or of other individuals in relation to the contractual partners
Date of last update: 24th of August 2022
In the context of initiating and/or managing the contractual relationship with its contractual partners, Quadrant-Amroq Beverages SRL (hereinafter referred to as “QAB”), with headquarters in Calea Văcărești no. 391, 4th floor, Section 1, Sector 4, Bucharest, Romania, having the unique registration code RO 6811508, registered at the Trade Register under number J40/27211/1994 and STAR FOODS E.M. S.R.L. (hereinafter referred to as “Star Foods”), with headquarters in Calea Văcărești no. 391, 4th floor, Section 2, Sector 4, Bucharest, Romania, having the unique registration code RO 6614956, registered at the Trade Register under number J40/1974/2012, process certain personal data relating to you, as representative, contact person, employee, collaborator or in another capacity for which you are connected with the contractual partner/potential contractual partner of QAB and/or Star Foods.
Of the two legal entities mentioned above (QAB and Star Foods), the data controller that processes your personal data is the one with which the contractual partners/potential contractual partners, through you or other persons, begun the necessary steps for concluding and/or executing a contract with QAB or Star Foods. Should you act as a representative, contact person, employee, collaborator or in other capacity in relation to the contractual partner/ potential contractual partner of the other legal entity (as well) during this process, in order to conclude and/or to execute a contract with this legal entity (as well), then this legal entity will (also) become the data controller that processes your personal data. The data processing as described below is identical for both legal entities.
This privacy notice on personal data processing (hereinafter referred to as the “Notice”) has been drawn up in accordance with the applicable data protection rules in order to provide you with information on how your personal data is processed in this respect, as well as on the rights you are entitled to under applicable law, in particular under the General Data Protection Regulation (GDPR).
QAB/ STAR FOODS, as data controller, processes your personal data for the conclusion and/or execution of contracts with its contractual partners/potential contractual partners. The processing of your personal data for these purposes is necessary for the achievement of the legitimate interests of QAB/STAR FOODS with regard to the initiation and implementation of the necessary steps for the purpose of negotiating, concluding and/or executing contracts between QAB/STAR FOODS and its contractual partners. If you are a sales agent, your personal data is also processed on the basis of these legitimate interests for the creation and implementation of QAB/STAR FOOD's sales strategy, which involves assigning sales targets to each sales agent and activities related to checking the degree of achievement of the sales targets, managing the calculation and payment of bonuses due to sales agents based on the degree of achievement of sales targets.
Correspondence sent by e-mail to any of PepsiCo's or QAB’s or Star Foods’s official addresses and the personal data processed might be subject to internal audit processes aimed at fulfilling QAB’s / Star Foods’s legitimate interests in ensuring compliance with internal procedures and the applicable law, including within investigations and/or judicial proceedings.
QAB/ STAR FOODS may also process your personal data for the purpose of obtaining feedback from its contractual partners regarding the development of the contractual relationship, likewise on the basis of its legitimate interest. The processing of your personal data in this purpose is necessary for the fulfilment of QAB’s / Star Foods’s legitimate interests to evaluate its performance, the satisfaction level of its contractual partners and to improve its commercial relation with them.
Moreover, QAB/STAR FOODS, as data controller, may process certain personal data on the basis of its legal obligations, for the following purposes: compliance with financial-accounting and tax obligations, respectively archiving obligations, security insurance on the premises of QAB/STAR FOODS, management of possible requests regarding the exercise of the rights related to data processing according to GDPR.
The categories of personal data processed by QAB/STAR FOODS are those provided by you in the context of managing the contractual relationship between QAB/STAR FOODS and its contractual partners, for example first name and last name, telephone number, e-mail address, information on the current job, position, profession, signature. These categories of data might be indirectly collected by QAB/STAR FOODS, from the contractual partners under whose coordination you carry out your activity. If you are a sales agent, QAB/STAR FOODS processes the following categories of personal data which are provided directly by you or by the contractual partner under whose coordination you carry out your activity: name, surname, identifier (agent code), employer, status (active/inactive), sales targets, actual sales achieved/status of achievement of sales targets, bonus data.
QAB/STAR FOODS may also process any other categories of data that you directly provide to us, such as those that you include in your e-mail correspondence or other means of communication with QAB/STAR FOODS employees/representatives or those collected through video surveillance systems placed on the premises of QAB/STAR FOODS according to the legal obligations to ensure security.
Refusal to provide this data may lead to the impossibility of managing the contractual relationship with QAB/STAR FOODS partners, respectively to the impossibility of negotiating, concluding, performing the contracts and/or fulfilling the legal obligations and exercising the rights arising from the contracts concluded by QAB/STAR FOODS with its contractual partners
In order to achieve one or more processing purposes, QAB/STAR FOODS may disclose your personal data to one or more of the following categories of recipients: to you, to the extent that you exercise your right of access under applicable law; to natural or legal persons assisting QAB/STAR FOODS in the activities which involve the management of contracts; to other contractual partners to whom disclosure is necessary for the achievement of the processing purposes; to affiliated companies and other companies of the PEPSICO Group; to persons authorized by QAB/STAR FOODS with regard to the processing of personal data and to central/local public authorities, in compliance with the legal regulations in force.
Furthermore, in order to achieve one or more of the above purposes, some or all of your personal data may be transferred to countries in the European Union (EU), the European Economic Area (EEA), as well as countries outside the EU/EEA and to the United Kingdom. The European Commission has recognized the United Kingdom as ensuring an adequate level of protection of personal data, similar to the EU. QAB/STAR FOODS will constantly update the list of the countries to which the data is transferred and will ensure the existence of adequate transfer guarantees. You can obtain an updated list of the countries to which the data is being transferred and you can request more information, including copies of the transfer guarantees, by using the contact details below. QAB/STAR FOODS takes all necessary measures in order to ensure that your data is adequately protected regardless of the location to which it is transferred.
Your personal data will be stored for a period necessary for the purpose for which they were processed, respectively for a period necessary for negotiating, concluding, executing and/or terminating the contracts with the contractual partners of QAB/STAR FOODS, respectively for a period necessary for providing/obtaining feedback, or for a longer period of time, to the extent necessary in order to comply with the legal obligations (for example 10 years in the case of financial-accounting supporting documents, such as contracts and invoices; 4 years in the case of possible requests for the exercise of the rights of data subjects), respectively for the defense of the rights and interests of QAB/STAR FOODS in court. If you are a sales agent and in the absence of a legal obligation or the need to defend the rights and interests of QAB/STAR FOODS in court that makes it necessary to store data for a longer period of time, your personal data is kept for as long as you carry out your activity for the benefit of QAB/STAR FOODS and thereafter for a maximum of 3 years from the date on which you cease to carry out your activity for the benefit of QAB/STAR FOODS.
In connection with the processing of your personal data, you have the right to request access to your personal data, rectification or deletion thereof or restriction of processing, the right to oppose the processing within the limits and conditions provided by law, the right not to be subject to automatic individual decisions to the extent that these may have legal effects on you or similarly affect you to a significant extent, as well as the right to data portability. In addition, you have the right to file complaints with the National Supervisory Authority for the Processing of Personal Data (28-30 Gheorghe Magheru Blvd., Sector 1, postal code 010336, Bucharest, Romania), as well as the right to go to court.
For any questions regarding the processing of your personal data, including the way in which you can exercise your rights mentioned above, you can contact QAB/STAR FOODS at the contact details indicated above or the designated data protection officer at QAB/STAR FOODS level at the following address: europe.privacy@pepsico.com.
