RULES FOR PERSONAL DATA PROCESSING BY WOŁOS HEMPOWICZ RADOWIE PRAWNI SP.P.
Basic information regarding the processing of personal data of Prospects and Clients
Data Controller:
Wołos Hempowicz Radcowie Prawni spółka partnerska with its registered office in Poznań, ul. Dmowskiego 124/4, 60-124 Poznań, hereinafter referred to in: “Law Office”.
Processing purposes:
Presenting the Law Office’s proposal, negotiations and entering into and performing a contract, recruitment process and exercising claims related to non-performance of a contract
Legal bases for the processing:
Art. 6.1(a) of the GDPR – your consent, in cases specified below; Art. 6.1(b) of the GDPR – taking steps required prior to entering into a contract and necessary for performing a contract; Art. 6.1(c) of the GDPR – compliance with requirements prescribed by court, administrative, and court and administrative procedures under which we are obligated to provide specific data to initiate and conduct proceedings; Art.6.1(f) of the GDPR – our legitimate interests in the case of the necessity of exercising claims and performing business activities by the Law Office.
Data recipients:
Entities processing data on behalf of the Law Office.
Entities to whom the Law Office transfers data in relation to the provision of legal services: courts, court enforcement officers, state and self-government institutions.
Rights related to data processing:
– right to access personal data and right to request data rectification, erasure or restriction of processing;
– other rights provided for in detailed information below.
Detailed information regarding the processing of data of the Prospects and Clients
1. Data Controller:
Your data controller shall be Wołos Hempowicz Radcowie Prawni spółka partnerska with its registered office in Poznań, National Court Register no. KRS 0000692028.
You can contact us in the following manner:
– by post at the following address: u. Dmowskiego 124/4, 60-124 Poznań
– by e-mail: biuro@whlegal.pl
– by phone: + 48 61 666 02 69
2. DEFINITIONS
GDPR – 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 (the General Data Protection Regulation) to be effective as of 25 May 2018
Personal data – any information relating to an identified or identifiable natural person based on one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person, including an image, a voice recording, contact details, location details, information contained in correspondence, information collected using recording equipment or another similar technology.
3. Processing purposes:
Your data shall be processed for the purpose of:
a) taking steps necessary to examine a case, preparing a proposal of our services for you, verifying your identity in the process of entering into the contract, conducting negotiations aimed at entering into and performing the contract, issuing accounting documents or collecting debts;
b) the Law Office guarantees data processing transparency and ensures that only data required for taking the steps are collected, and advises about the data processing rules upon their collection and on the Law Office’s website.
c) The Law Office has a public profile page on Facebook, hence processes data left by persons visiting its profile page (including comments, likes). The personal data of the persons visiting the Law Office’s profile page are processed solely for the purpose of enabling those persons to be active on the profile page, and for effective management of the profile page, including also for statistical and analytical purposes [the above shall not apply to data processing by the Facebook’s administrator].
4. The Law Office’s warranties:
a. The Law Office has introduced procedures allowing access to personal data only to authorized parties and only to an extent to which it is required for task performance. b. The Law Office has taken steps to ensure that persons co-operating with it (subcontractors) ensure appropriate safety measures each time the Personal Data are processed at the Law Office’s request. c. The Law Office complies with its professional secrecy duties of a legal counselor and legal privilege which are unrelated to the GDPR. d. The Law Office does not transfer any data outside the EEA.
5. The legal basis for your personal data processing shall be:
a) Art. 6.1(a) of the GDPR – your consent in the event of failure to carry out negotiations related to entering into a contract with the Law Office but you have expressed your intention of future renegotiations and a consent to the further storage of your personal data by the Law Office; in the case of data sent by a Candidate for work the extent of which goes beyond the extent required under the labor law and expected by the Law Office (in such case the consent is expressed by the provision of more extensive data in recruitment documentation by the Candidate for work); b) Art. 6.1(b) of the GDPR – processing data for the purpose of performing a contract, taking steps prior to entering into the contract, including preparing an appropriate proposal for you, and entering into and performing the contract, processing the data of persons applying for a job at the Law Office if the preferred form of employment is a civil law contract – for the purpose of the recruitment procedure and taking steps prior to entering into the contract; c) Art. 6.1(c) of the GDPR – the necessity of downloading data for the purpose of issuing accounting documents for the performance of the contract for a natural person, regulations requiring the provision of the data required for exercising claims under court procedures, processing in the case of, as regards the persons applying for a job at the Law Office, the preferred form of employment being an employment contract, the legal basis is the Law Office’s duty pursuant to the law. d) Art.6.1(f) of the GDPR – the pursuit of our legitimate interests in the event of the necessity of the mandatory exercise of claims, data processing for performing business activities and providing services. Such data may be disclosed to third parties engaged in the performance of the contract – the scope of data processing in such case shall be limited to data required for service provision, for the purpose related to initiating and maintaining a business contact (e.g. exchanging business cards), improving the quality of services and reaching a larger number of people with information about the Law Office’s services (the Law Office’s Facebook profile page).
6. Storage period
The Personal Data storage period may differ and most frequently results from the duration of contract performance or other needs of the Law Office. a) The data processing period may also result from the law if it is a legal basis for the processing. If the data processing is based on the Law Office’s legitimate interest, e.g. for safety reasons, the data shall be processed for a period allowing the pursuit of such interest by the Law Office or until objecting to data processing in an effective manner. If the data are processed on the basis of the consent, the data processing continues until the withdrawal of such consent. b) If the contract is signed, your personal data shall be stored until claims related to contract non-performance become limited and throughout the period of limitations. Accounting data containing your personal data shall be stored for a period of 5 years following the end of an accounting year in which a VAT invoice has been issued for a service – pursuant to the Polish Accounting Act.
7. Data recipients:
The following parties may be your data recipients: a) our suppliers subcontracted by us to perform services involving data processing, namely: a. providers of IT services, b. entities rendering accounting services for us, c. entities rendering debt collection services for us, d. couriers, providers of postal services; e. lawyers, legal counselors and attorneys working with us; b) entities to which we transfer personal data in relation to service provision – common and administrative courts, enforcement authorities, state and self-government authorities, legal persons, offices, law enforcement authorities.
8. Your rights related to personal data processing and automated decision-making
You shall have the following rights related to personal data processing: a. right to withdraw your consent to data processing; b. right of access to your personal data; c. right to demand personal data rectification and to have the provided data completed. You shall have the right to demand, from us, data rectification (if the data are inaccurate) and to have them completed (if they are incomplete) (art. 16 of the GDPR); d. right to restriction of processing in the following cases: a) if you have contested the accuracy of your personal data – in such case we shall limit their use for time required to verify your data accuracy, however for up to 7 days, b) if the processing is unlawful and you have requested the restriction of their use instead of erasure, c) if your data are no longer needed for purposes for which they have been collected or used by us, but they are required by you for the establishment, exercise or defence of legal claims, d) if you have objected to their use – pending the verification whether, in your special case, the interests pursued by us while processing your personal data are overridden by your interests, rights and freedoms (art. 18 of the GDPR); e. right to erasure (right to be forgotten – art. 17 of the GDPR). You shall have the right to obtain, from the data controller, the erasure of all or some personal data if: a) you have withdrawn a specific consent to the extent on which the processing has been based and where there is no other legal basis for the processing, b) your personal data are no longer necessary in relation to the purposes for which they have been collected or otherwise processed; c) your personal data have been unlawfully processed; f. right to object to data processing, g. right to data portability, that is, the right to receive, from us, the personal data concerning you, in a structured, commonly used and machine-readable format. You can transmit the data to another controller or request us to transmit such data to another controller. However, we shall do that provided that data transmission is technically feasible. The right to data portability is only applicable to the data that we have been processing based on a contract entered into with you or based on your consent.
To exercise those rights, please contact us (our contact details in item 1 above).
Right to withdraw your consent
To an extent to which the data are processed based on your consent – you shall have the right to withdraw it at any time. The withdrawal of the consent shall not affect the lawfulness of processing based on consent before its withdrawal. The consent may be withdrawn by sending a related representation to our postal or e-mail address.
Right to lodge a complaint with an authority
You shall also have the right to lodge a complaint with a supervisory data protection authority, namely, the President of the Personal Data Protection Office.