Regulations of Publishing Information about Employees in the Website www.cargo.lt
- In accordance with the user agreement cl. 1.2, these regulations are mandatory for the users (further on referred to as website users) of the website www.cargo.lt (further on referred to as website), who publish information about employees (drivers and shipper drivers) in the website.
- The website user is any company, institution or organization that has drawn the agreement on the use of www.cargo.lt. Before publishing the data the user shall make himself acquainted with the Law on Legal Protection of Personal Data (see Valstybės žinios, 2003, No. 15-597) according to the Act No. 262 (see Valstybės žinios, 2005, No. 143-5249) of February 20, 2002, by the Government of the Republic of Lithuania, as well as other legislative acts that regulate the legal protection of personal data, and he shall take all the necessary means to ensure these legislative regulations are being followed when publishing personal data. The website user shall also keep to these rules and withhold from laws and other legislative act regulations that do not comply with any of the actions or behaviour.
- The management of the employees’ (drivers and shipper drivers) personal data on the website www.cargo.lt is carried out in order to prevent material losses that may be experienced by the website users after hiring an unreliable employee and trusting him with material valuables. Therefore, the data in the website may be managed and used only with the following goal in mind: the prevention of transport companies’ material losses in seeking to avoid situations, when job agreements are drawn with employees (drivers and shipper drivers) who have caused severe violations of work discipline or material losses to the employer or have lost the trust of their employers due to dishonesty while working in other companies.
- The data subject indicated in these rules is the person who has worked according to the job agreement in the user’s company as a driver or a shipper driver and whose personal data is published in the database. The manager of the database is the webpage administrator.
- The employee data in the website can be used by each website user only for the purposes indicated in cl. 3 of these rules. It is prohibited to distribute the personal data in the website, reveal it to the third party members, use it for the creation of other databases, as well as use it in any other way that exceeds the means necessary to achieve the goal with the exception of situations indicated in legislation. The website users are to destroy the data received from the data subject database in the website immediately after finishing the hiring procedures of the data subject.
- The website users have the right and the responsibility to publish only the information and personal data (name, last name, date of birth, workplace) that correspond to the reality and publish the information and the data in such a way that the rightful interests of the data subjects are not violated. The data manager (website user) takes full responsibility for the conformity of the data managing form and contents to the legislation.
- The website users shall follow the specifications of these rules and legislative acts that regulate the legal protection of personal data. If a civilian, administrative or any other kind of responsibility arises due to inappropriate acts of the website users, the website users are to compensate all the related losses of the administrator.
- The website users shall ensure that the users’ employees or other users’ representatives who publish the information about the employees on the behalf of the user (by using the log-in name and password given to the user) are instructed adequately regarding the questions about the personal data protection and agree in writing to keep the information published in the website confidential, i.e. use the information only with the intended direct purpose of its publishing, as well as ensure the information is not revealed to a third party both during work relationships and indefinitely after the end of such relations.
- The website user is to acquaint his employees or other representatives, who are granted the right to use the website log-in name and password, with these rules. The website user shall also take all the possible measures to avoid illegal use of the log-in name and password after the work relations of the user and his employee come to an end (i.e. the user is to seek out the administrator regarding the change of the password, etc.).
- The order of granting the website user log-in name and password is indicated in the agreement on the use of www.cargo.lt drawn by the administrator and the user.
- It is prohibited to manage individual personal data in the website. Individual personal data is the data related to the person’s racial or ethnical origins, political, religious, philosophical and other beliefs, membership in trade unions, health and sex-life, as well as information about his previous convictions (the Law of Legal Protection of Personal Data, art. 2, p. 9). The website users who have published individual personal data are to terminate the publishing of this data in the website without any further ado. The website administrator also holds the right to cancel the publishing of this data in case he notices its illegal publishing.
- It is prohibited to publish the identity numbers of the data subjects (employees) (the Law of Legal Protection of Personal Data, art.7). The website users who have published the identity number of a certain data subject are to correct the published information immediately so that the identity number is no longer accessible. The website administrator also holds the right to cancel the publishing of this data in case he notices its illegal publishing.
Protection of the Data Subject Rights
- According to the regulations of the Law of Legal Protection of Personal Data the data subject (employee) has the right to know (be informed) about the management of his personal data, get acquainted with his personal data and the way it is managed, demand to correct it, terminate it or cancel the actions of his personal data management, except for its storing, in case the data is managed with no regard to the regulations of this or other laws and, finally, disagree to have his personal data managed. Upon the request of the administrator or data subject, the website users are to immediately take measures to ensure that the implementation of the data subject’s rights is carried out according to the legislation.
- After publishing the personal data of the data subject (employee) the website user shall inform the data subject about it not later than the moment the data is presented for the first time when the information included is indicated in art. 18 of the Law of Legal Protection of Personal Data:
- His (data manager) requisite and headquarters (if the data manager or his representative is a legal entity);
- What are the purposes of managing the data of the data subject;
- Other additional information (for whom and what purposes the personal data of the data subject is presented; what personal data the data subject has to present and what the consequences of not doing so are, about the right of the data subject to have a look at his personal data and the right to request to correct incorrect, unthorough and imprecise personal data) and how much of it is needed to ensure a correct management of the personal data without violating the right of the data subject.
- The website user shall indicate the following information in the notification to the data subject: the address of his headquarters or his place of residence, the purpose of the data management, the recipients of the data and the sources the data was acquired from. More contact data may be indicated additionally (phone and fax number, e-mail).
- The website user shall acquaint the data subject with his right to disagree for his personal data to be managed in the website www.cargo.lt, when sending the notification. The data subject has the right to disagree for his personal data to be managed. If the refusal of the data subject is sound, the administrator or website user is to cancel any management of the personal data immediately and free of charge and inform the recipients of the data. On the request of the data subject the data manager shall notify the data subject about the cancellation of management of his personal data or refusal to cancel the data management.
- When presenting a personal identification document the data subject has the right to receive information about the sources of his data and what personal data has been gathered, what the purposes of its management are and to whom the data is presented. Upon receiving the inquiry from the data subject about the management of his personal data, the administrator is to reply whether personal data related to the data subject is being managed and present the data requested by the data subject not later than in 30 calendar days from the day of the inquiry. On the request of the data subject such data is to be presented in written form. The data manager presents such data to the data subject free of charge once per calendar year.
- If having taken a look at his personal data the data subject notices that his personal data is incorrect, unthorough or imprecise and makes an inquiry to the administrator or the website user, the latter ones are to immediately check the personal data and on the request of the data subject correct the incorrect, unthorough and imprecise personal data or cancel any kind of management of such data, except its storing. If having taken a look at his personal data the data subject finds out that his personal data is managed illegally and dishonestly and makes an inquiry to the administrator or the website user, the latter ones are to immediately check the legitimacy and integrity of the management of the personal data free of charge and on the request (in written form) of the data subject terminate the personal data gathered illegally and dishonestly without further ado or cancel any kind of management of such data, except its storing.
- When the management of the personal data is cancelled upon the request of the data subject, the personal data the management of which has been cancelled is to be stored until it is corrected or terminated (upon the request of the data subject or after the data storing term comes to an end). The administrator or the website user is to immediately notify the data subject about the carried out or not carried out correction of the personal data on his request, its erasure or cancellation of the management of the personal data.
- The personal data undergo corrections and are terminated or its management cancelled according to the identification of the data subject and his personal identification documents upon receiving the request from the data subject. The administrator is to immediately inform the data recipients about the corrected or destroyed personal data and cancelled management of the personal data on the request of the data subject by e-mail or by posting the information in the website www.cargo.lt.
- The personal data published in the website is to be precise and constantly renewed. Imprecise and unthorough data has to be corrected, renewed, terminated or their management cancelled. Personal data has to conform to reality, be formulated appropriately and in such a size, which is necessary for its collection and further management. The information about the personal data is to be formulated in an unoffending way. The website user is directly responsible for the following of the requirements indicated in this rule clause.
- The published data of the data subject may be stored in the website for no longer than 3 years or till the moment when the website user terminates it. After the 3 years term that starts on the day of publishing the data the website administrator holds the right to destroy the data published in the website.
- The website users who violate the requirements of these rules shall answer for their actions according to order regulated by laws. Furthermore, if the website administrator notices cases of rule violation, the user rights in the website may be restricted. Having noticed any violations of the rule regulations, the administrator has the right to terminate the agreement with the user ex-parte according to the order indicated in the agreement.
- Think carefully before publishing any data about an employee. Such a publishing could violate a person’s privacy and may be prohibited in accordance with the valid laws.
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