Date of entry into force: 15.01.2021
1. Who are we, the personal data controller?
The website www.law-partners.ro (hereinafter “the Website”) is operated by BRANCOV SIMIONESCU TODOR – LAW OFFICE, having its headquarters in Timișoara, 3 Martir Sebastian Iordan Street, first floor, app.3, Timiș County, fiscal code 37823448, represented by coordinating lawyer Slageana BRANCOV, e-mail: privacy@law-partners.ro (hereinafter referred to as “Law Partners”, “us”, “ours”).
2. What is the purpose of this policy and why should you read it?
This policy informs you about how Law Partners processes your personal data when you use this Website, when you request a legal services offer from us, when you purchase our legal services, when you collaborate with us, when you send us CVs or when you interact with us in another way as well as the rights you have as a data subject.
3. Definitions
The following terms used in this Policy will have the following meaning:
Website means www.law-partners.ro, operated by Law Partners;
GDPR Regulation means 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);
Personal data means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
Processing of personal data means any operation or set of operations which is performed on personal data or on sets of personal data, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
Controller means the natural or legal person which (alone or jointly with others), determines the purposes and means of the processing of personal data; for the purposes of this Policy, Law Partners is the controller of your personal data;
Joint controllers means two or more controllers which jointly determine the purposes and means of processing; Law Partners may be, in some cases, a joint controller with other entities regarding the processing of certain data concerning you;
Processor means a natural or legal person which processes personal data on behalf of the controller; Law Partners may use the services of authorized persons to process your personal data;
Cookie means a small text file that is downloaded onto your terminal equipment (e.g. a computer or smartphone) when you access a website and allows the website to recognize your device and store certain information about your preferences or search history;
4. The categories of personal data we process, the purposes and the legal basis of the processing
This chapter explains what data we collect about you, how we collect it (directly from you, from third parties, or automatically), for what purpose, and what legal basis we rely on. Although we make efforts to identify all personal data we process, however, specific circumstances may cause us to process other data.
We process your personal data for the following purposes: | We process the following categories of data: | Legal basis of the processing: | ||
To achieve our legitimate interest, that of issuing legal services offers | Name and surname, contact details, position and workplace, data relating to the file for which the legal services offer is requested
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Steps prior to entering a contract [Art. 6 paragraph (1) letter b) of GDPR Regulation]
Legitimate interest [Art. 6 paragraph (1) letter f) of GDPR Regulation] |
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For concluding and performing legal assistance contracts with clients, for fulfilling the obligations established by law and for reasons related to the defense of our rights in court | Identification data (name, surname, ID card / passport, Personal Identification Number), contact details, image, video / audio recordings and other data related to the client’s file, obtained from you or from third parties, including judicial bodies or public authorities and institutions. In additional, in the context of the legal services provided, we may also process sensitive data, such as data on health, trade union membership, political opinions, criminal convictions and crimes, etc. | Performance of a contract [Art. 6 paragraph (1) letter b) of GDPR Regulation]
Legal obligation [Art. 6 paragraph (1) letter c) of GDPR Regulation, Law 51/1995, Statute of the legal profession] Establishment, exercise or defense of legal claims [art. 9 para. (2) lit. f) of GDPR Regulation] Legitimate interest [Art. 6 paragraph (1) letter f) of GDPR Regulation] |
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For concluding and performing contracts with collaborating lawyers, for fulfilling our legal obligations and for reasons related to the defense of our rights in court | Identification data (name, surname, ID card, Personal Identification Number), contact details, profession, workplace, financial data (income, bank accounts), trainings and professional experience, professional development, opinions and professional ideas, travel in professional interest and other necessary data | Performance of a contract [Art. 6 paragraph (1) letter b) of GDPR Regulation]
Legal obligation [Art. 6 paragraph (1) letter c) of GDPR Regulation, Law 51/1995, Statute of the legal profession] Legitimate interest [Art. 6 paragraph (1) letter f) of GDPR Regulation] |
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Concluding and performing contracts with suppliers, collaborators or other business partners, for fulfilling our legal obligations and for reasons related to the defense of our rights in court | Identification data, contact details, position and workplace, financial data (payments, bank accounts) and other necessary data | Performance of a contract [Art. 6 paragraph (1) letter b) of GDPR Regulation]
Legal obligation [Art. 6 paragraph (1) letter c) of GDPR Regulation] Legitimate interest [Art. 6 paragraph (1) letter f) of GDPR Regulation] |
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For your registration and participation at a Law Partners webinar / event and for fulfilling our legal obligations in connection with our webinars/ events;
We may also process your personal data to achieve our legitimate interests, those of promoting our webinars/ events, informing the public about legislative changes, but only if you do not object to such processing. |
Identification data, contact details, billing data, profession and workplace, legal opinions, image, voice, data resulting from photo and audio-video content or other data necessary to achieve the purpose; | Performance of a contract [Art. 6 paragraph (1) letter b) of GDPR Regulation]
Legal obligation [Art. 6 paragraph (1) letter c) of GDPR Regulation] Legitimate interest [Art. 6 paragraph (1) letter f) of GDPR Regulation] |
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For evaluating professional and personal skills to fill a position within Law Partners | Name and surname, contact details, home address, date and place of birth, image, data on marital status, education and training details, professional experience, publishing activity, previous collaboration with other entities, experience in certain legal projects, recommendations, salary expectations, as well as other personal data you may provide us;
we may obtain this data directly from you or from third-party sources such as recruitment companies’ websites, professional and social networks, the online press and other sources provided by Google search engines; |
Steps prior to entering a contract [Art. 6 paragraph (1) letter b) of GDPR Regulation]
Legitimate interest [Art. 6 paragraph (1) letter f) of GDPR Regulation] |
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To achieve our legitimate interest, that of informing the public about our team members and the partners we collaborate with, but only if you do not object to this processing | Name, surname, contact details, position and workplace, training and professional experience, legal opinions, image and audio-video recordings, which may be published online (Website and social networks) and offline (presentation brochures) | Legitimate interest [Art. 6 paragraph (1) letter f) of GDPR Regulation] | ||
To achieve our legitimate interest, that of informing the public about the feedback of our clients and for promoting our brand, but only if you do not object to such processing | Name and surname, position, workplace, image (if case) as well as your opinions expressed in the testimonials and reviews, personal data which may be published online (Website and social networks) | Legitimate interest [Art. 6 paragraph (1) letter f) of GDPR Regulation] | ||
To answer your questions, comments, or suggestions | Data that you provide to us through the form in the “Contact” section of the Website or otherwise, by publishing comments, content, opinions, reviews, etc. | Legitimate interest [Art. 6 paragraph (1) letter f) of GDPR Regulation] | ||
In order to monitor the traffic and improve the content of the Website as well as for marketing purposes, according to our Cookie Policy.
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Certain technical data, collected automatically – Cookies and other similar technologies, according to our Cookie Policy.
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Consent [Art. 6 paragraph (1) letter a) of GDPR Regulation]
Legitimate interest [Art. 6 paragraph (1) letter f) of GDPR Regulation] |
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To facilitate your exercise of the rights conferred by GDPR Regulation, as a data subject | Identification data and other data necessary to achieve the purposes | Legal obligation [Art. 6 paragraph (1) letter c) of GDPR Regulation]
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5. How long do we store your data?
Law Partners will store your personal data for as long as is necessary to achieve the purposes set forth in this Policy. E.g.:
- Financial accounting documents and supporting documents underlying the financial accounting records: 5 or 10 years;
- Legal assistance contracts signed with clients as well as data related to these contracts (client file): for as long as we have an active contract; also, in order to manage operations related to the contract, for archiving the documents as well as in order to resolve possible disputes, we will keep the data for the entire period required by law but not less than 10 years after the termination of the contract;
- Contracts signed with suppliers/ collaborators, contracts signed for organizing and attending the webinars/ events, as well as personal data related to these contracts: as long as we have an active contract; also, in order to manage operations related to the contract, for archiving the documents as well as in order to resolve possible disputes, we will keep the data for 5 years from the termination of the contract, unless we have good reasons to keep them for a longer period of time;
- Legal services offers that did not materialize in a contract as well as personal data collected in the purposes of their issuance: as long as the legal services offer is valid and 6 months after;
- CVs: until the completion of the selection process; if the recruitment is done through online recruitment platforms, the data processing policies of those operators will apply;
- Photos and audio-video recordings: as long as we have an active contract as well as 5 years after or until you exercise your opposition right, if the interests of Law Partners do not prevail;
- Client testimonials/ reviews/ opinions: maximum 7 years from its provision or until you exercise your opposition right, if the interests of Law Partners do not prevail;
- Any other data: during the period required by the law or until the achievement of the intended purpose at the time of collection of personal data;
When the processing of your personal data is based on our legitimate interests, you have the right to object to the processing in which case we will balance our interests and your particular situation to make a final decision.
6. Do you have the obligation to communicate your data to us?
In some cases, the provision of your personal data is a contractual or legal obligation and the refusal to provide us with such data may lead to the impossibility of providing the requested services. For example, if you refuse to provide us with your credentials or other data relevant to your case, we will not be able to enter into a contract with you and provide you with the requested legal services.
In other cases, you have no contractual or legal obligation to provide us with your data. In this case, a refusal on your part will not have negative consequences for you. For example, if you are attending a Law Partners event, you may object to your shooting, and we will do our best to make it easier for you to exercise this right without any negative implications for you.
7. Categories of recipients, including third parties to whom Law Partners discloses your personal data
For us, confidentiality is not only a professional obligation of the lawyer, but also an essential value so that your personal data can only be disclosed to:
- associated lawyers or other lawyers we collaborate with in the provision of our legal services;
- the consultants or experts involved in the cases we manage and the legal services we provide;
- judicial bodies or competent authorities, in the context of the provision of legal services;
- entities designated by you;
- parties involved in your case, in the context of the provision of legal services;
- our customers, if this is necessary for the performance of the contract concluded with them;
Your personal data may also be disclosed to the service providers we work with, including processors who will process the data on behalf of Law Partners (e.g., hosting service providers, IT service providers, courier companies, accountants, tax consultants, auditors, etc.).
În the context of organizing events / webinars by or with the involvement of Law Partners it is possible to disclose certain personal data (especially photos and videos):
- to the public, by publishing them online and offline;
- to the participants in the event;
- to the partners we collaborated with to organize and support the event in optimal conditions.
Additionally, we may disclose some personal data (especially photos, videos and testimonials) to the public in the purpose of our legitimate interest, those of informing the public about our client’s feedback as well as our team members and the partners we collaborate and also for promoting our webinars/ events and our brand.
Data processing with Facebook Ireland
Law Partners uses products and business tools from Facebook which means that certain data and information about you will be shared with Facebook Ireland Limited, 4 Grand Canal Square, Grand Canal Harbor, Dublin 2 Ireland (hereinafter “Facebook Ireland”).
Information on how we process your data in association with Facebook Ireland or how Facebook Ireland processes your personal data can be found here:
https://www.facebook.com/legal/controller_addendum
https://www.facebook.com/legal/terms/businesstools/
https://www.facebook.com/about/privacy
If you wish to exercise your rights in respect of the processing carried out jointly with Facebook Ireland, you may contact Facebook directly using the information found here https://www.facebook.com/about/privacy or you may contact Law Partners by e-mail at privacy@law-partners.ro.
This joint processing will be carried out, as the case may be, either on the basis of our legitimate interest, that of increasing our brand visibility [art. 6 para. (1) lit. f) of GDPR Regulation] or on the basis of your explicit consent [art. 6 para. (1) lit. a) of GDPR Regulation]. At any time, you have the right to object to the processing or to withdraw your consent using the mechanisms provided in the Cookies Policy or by e-mail at privacy@law-partners.ro.
8. What rights do you have as data subjects?
- The right to be informed about how we process your personal data;
- The right of access to your personal data, which allows you to obtain confirmation as to whether or not personal data concerning you are being processed, and, where that is the case, access to the personal data. It is important to know that we will not be able to process your request in all cases, such as situations where the exercise of your right could affect the rights of others, situations in which we cannot identify you or situations in which your request is manifestly unfounded or excessive.
- The right to rectification of inaccurate personal data concerning you;
- The right to erasure (‘right to be forgotten’), which allows you to obtain the erasure of your personal data in certain cases such as, for example, situations where your personal data are no longer necessary in relation to the purposes for which they were collected, you withdraw your consent on which the processing is based and we have no other legal ground for processing, you object to the processing and there are no overriding legitimate grounds for the processing, your personal data have been unlawfully processed or the personal have to be erased in order to comply with a legal obligation incumbent on us. It is important to know that we will not be able to process your request in all cases, such as situations where the law requires us to keep the data for a certain period, your data is necessary for exercising the right of freedom of expression and information, for the establishment, exercise or defense of legal claim, your data must be kept for reasons of public interest in the area of public health, etc.
- The right to restriction of the processing of your personal data, which allows you to request us not to use your personal data, but only to store them, in the following cases: (i) you have contested the accuracy of the personal data, for a period enabling us to verify the accuracy of the personal data; (ii) you oppose the erasure of the personal data in the event of unlawful processing; (iii) you have requested us to provide you with certain personal data for the establishment, exercise or defense of legal claims; (iv) you have objected to the processing of the personal data, pending the verification whether our legitimate grounds override yours;
- The right to withdraw your consent, at any time and free of charge, when the processing of personal data is based on your consent;
- The right to data portability, which allows you to receive your personal data that you have provided to us in a structured, commonly used and machine-readable format or to transmit those data to another controller. Such a right is granted to you only when the processing of your personal data is based on your consent or on a contract concluded between us and you and only if the processing is carried out by automated means.
- The right to object to the processing of your personal data, under the conditions and within the limits provided by law. It is important to know that the law obliges us to process the request only for processing carried out for direct marketing purposes. In other cases, we have the right to balance our interests and your particular situation in order to make a final decision. That is why it is important to explain to us why you object to the processing when making such a request.
- The right to file a complaint with a supervisory authority (ANSPDCP, https://www.dataprotection.ro), if you consider that the processing of your personal data is unlawful.
- The right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly affects you. It is important to know that this right does not apply in certain cases, such as where the decision based solely on automated processing is necessary for entering into, or performance of, a contract between us and you, is authorized by law or is based on your explicit consent.
- The right to a judicial remedy.
9. Questions, requests and exercise of your rights
If you have questions about how we process your personal data or if you want to exercise your legal rights, you can send us a request either at the our headquarters located in Timisoara, 3 Martir Sebastian Iordan street, first floor, app. 3 or by e-mail to privacy@law-partners.ro.
We will not refuse to grant your request to exercise your rights, unless it is not exercised in accordance with the law or we are unable to identify you. We will respond to your request without undue delay and in any case within one month of receiving it. If necessary, we may extend the response period by two months, but we will inform you of any such extension and the reasons for it.
We will respond to requests by you to exercise your rights free of charge. However, if your requests are manifestly unfounded or excessive, in particular because of their repetitive nature, we may: (a) either charge you a reasonable fee taking into account the administrative costs of providing the information or communication or taking the requested measures; (b) either refuse to comply with the request.
10. What are your obligations in relation to us?
As a data subject, you have the obligation to provide us with true and accurate data about you. You also undertake not to provide us with materials that contain viruses, copyrighted material, if you are not the author or if you do not have the permission of the author to publish or disclose such material, obscene, defamatory, threatening, malicious or any other such material or information. In the event of non-compliance with this obligation, Law Partners may delete that information and take legal actions against you.
11. Transfer of your personal data to third countries (outside the EU / EEA)
We may transfer your personal data to EU / EEA third countries, in some cases, such as, for example, if we turn to non-EU / EEA service providers, where the transfer is required for the performance of the contract, in case we participate in international conferences etc..
In all cases where we transfer personal data to third countries, the transfer will take place:
- in accordance with Art. 45 of GDPR Regulation only to those third countries that have been recognized by the European Commission as ensuring an adequate level of protection of personal data. The list of these countries can be found here or, failing that,
- only on the basis of adequate safeguards, which means that we will use either model contracts approved by the European Commission, which provide your personal data with an adequate level of protection (more details can be found here) or other appropriate safeguards, as provided by art. 46 of the GDPR Regulation or, failing that,
- according to art. 49 para. 1 letter a) of GDPR Regulation, only on the basis of your explicit consent, or, failing that,
- in accordance with Art. 49 para. 1 letter b) – f) of GDPR Regulation, only if the transfer is necessary for the performance of a contract concluded between us and you or between us and a third party, but in your interest, if the transfer is necessary for the implementation of pre-contractual measures taken at your request, if the transfer is necessary for important reasons of public interest, if the transfer is necessary for the establishment, exercise or defense of legal claims, or if the transfer is necessary in order to protect a vital interest, or, failing that,
- according to art. 49 para. 1 final sentence of GDPR Regulation, only if the transfer is not repetitive and necessary in order to achieve our major legitimate interests, which are not overridden by your interests or rights and freedoms but only on the basis of suitable safeguards with regard to the protection of personal data and only after informing you of the transfer and of the legitimate interests pursued.
12. Updating your personal data
If the personal data you have provided to us changes or you become aware that we have any incorrect personal data about you, please contact us by e-mail at privacy@law-partners.ro. We will not be liable for any loss arising from incorrect, inauthentic, insufficient or incomplete personal data that you provide to us.
13. Links to other sites
Our Website may contain links to other sites that are not operated by us. If you click on a third-party link, you will be directed to that site. We recommend that you read the Privacy Policy and the Terms and Conditions of each site you visit. Law Partners has no control over and assumes no responsibility for the content, privacy policies or practices of third party sites or services.
14. Changes to the Privacy Policy
The most recent update of this Policy was made on 15.01.2021. Please note that we may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page. We will also notify you via a notice on the Website before the change takes effect.
15. Contact Us
For any questions regarding this Privacy Policy, you may contact us using the following contact details:
BRANCOV SIMIONESCU TODOR – Law Office
Headquarters: Timișoara, 3 Martir Sebastian Iordan Street, first floor, app. 3, Timis County
Fiscal code: 37823448
E-mail: privacy@law-partners.ro.