Information on the Processing of Personal Data by the Law Office
JUDr. Andrej Terem, advokát
according to Art. 13 and 14 of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons in the processing of personal data and on the free movement of such data, which repeals Directive 95/46/EC (hereinafter referred to as “GDPR”).
In this document you will learn:
Where you can contact us for your questions regarding personal data protection
How do we process personal data when:
you visit our site;
you communicate with us (e.g. via contact form, electronically);
we provide legal services.
What are your rights as a data subject
Our site or its subdomains may contain links to third-party websites (eg World Law Alliance), which may collect your personal data after visiting them. These third party websites have their own privacy policies and we do not accept any responsibility for their policies. Before submitting any personal information to these third-party websites, please read their policies and, if applicable, your own settings on those sites.
I. IDENTIFICATION AND CONTACT DATA OF THE OPERATOR
JUDr. Andrej Terem, advokát , Karadžičova 8/A, 821 08 Bratislava, ID: 44 564 201, entered in the list of attorneys of the Slovak Bar Association under no. 5037
E-mail: andrej@terem.legal
Mail – contact address: JUDr. Andrej Terem, advokát, Karadžičova 8/A, 821 08 Bratislava
Tel.: 421 (0) 905 566 202
II. HOW WE PROCESS PERSONAL DATA
a) Visitors to our site and Cookies
We do not process any personal data about visitors to our site, on the basis of which we could individually identify the visitor.
Our website does not use cookies and they are not used for analytics by the provider withcabin.com available at https://docs.withcabin.com/privacy.html
b) Communication (web form, e-mail, etc.).
If you communicate with us via our website (e.g. using the contact form, sending an e-mail), our law firm receives your personal data that you provide in such communication (in particular e-mail, first name, last name, company affiliation, message content etc.). We believe that the data you entered is correct and up-to-date. Dealing with your correspondence is our legitimate interest, and we rely on this legal basis for our authorization to process your personal data as part of our communication. We also assume that by sending such correspondence, you also expect and agree that we may subsequently contact you by e-mail, telephone or electronic message in order to deal with your correspondence or request. We process your personal data obtained in this way only for the period for which the purpose of their processing lasts, but a maximum of 24 months from the end of the last communication. Your personal data may be passively accessed by intermediaries with whom the Operator cooperates in the provision of services, and whose scope mainly includes the web space provider and the web administrator.
According to Art. 21 GDPR, you have the right to object at any time to the processing of your personal data for reasons related to your specific situation against the processing of personal data concerning you, which is carried out on the basis of our legitimate interest. You can send the objection in writing or by e-mail to the addresses listed above. In such a case, however, it may happen that we will no longer be able to handle your correspondence.
c) Provision of legal services
In addition to the GDPR and the Personal Data Protection Act, lawyers are also subject to specific regulation resulting from Act No. 586/2003 Coll. on Advocacy as amended (hereinafter referred to as the “Law on Advocacy” ) , as well as from the status regulations of the Slovak Bar Association. The Slovak Bar Association prepared according to Art. 40 GDPR Code of Conduct for the Processing of Personal Data by Lawyers (hereinafter referred to as the “Code of Conduct”), which applies to all lawyers registered in the list of lawyers maintained by the Slovak Bar Association. The code of conduct takes into account the special features of advocacy and can be found at https://www.sak.sk/web/sk/cms/document/224 .
Lawyers, employees of our law office and other persons participating in our activities are obliged to maintain confidentiality about all facts that they learn about in the course of their activities related to the practice of advocacy. We consider this obligation to be the absolute basis of mutual trust and our approach to clients.
Processing purposes
We will process your personal data for the purpose of:
provision of legal services , in particular for representation in proceedings before courts, public authorities and other legal entities, defense in criminal proceedings, provision of legal advice, writing of documents on legal acts, processing of legal analyzes and analyzes and for other forms of legal advice and legal assistance according to your instructions (hereinafter referred to as “legal services”).
provision of non-legal services , especially when performing the function of an authorized person for a public sector partner, authorizing real estate transfer contracts, when performing conversion and guaranteed conversion.
accounting for our legal services and the related fulfillment of obligations according to accounting and tax legislation .
ensuring compliance of our activity with legal regulations and SAK regulations ( according to the GDPR , the Advocacy Act, the Bar Code, the Act on Protection against Legalization of Income from Criminal Activities, the Act on Reporting Anti-Social Activity , etc.);
exercise of our rights and protection of legitimate interests , especially in cases where our law firm is a participant in judicial or administrative proceedings, or if we are obliged to achieve compliance with legal regulations and regulations of the Slovak Bar Association
statistical purposes, archival purposes in the public interest and historical and scientific research purposes.
Legal basis of processing
The right to process personal data follows from the legal regulations (Article 6, paragraph 1, letter c) of the GDPR), in particular from the Act on Advocacy, the Code of Civil Disputes, the Code of Civil Disputes , the Administrative Code of Court, the Administrative Code, the Act on the Commercial Register, the Act on protection against the legalization of income from criminal activity and protection against the financing of terrorism, accounting and tax regulations as well as GDPR. According to § 18 par. 6 and 7 of Act no. 586/2003 Coll . Advocacy Act, our law office:
processes personal data of clients and other natural persons to the extent necessary for the purposes of practicing law, while the law firm has the status of operator;
is entitled to obtain and process personal data necessary for the purposes of advocacy by copying, scanning or otherwise recording official documents on an information carrier even without the consent of the person concerned.
The processing of your personal data may also be necessary to fulfill the contract you conclude with our law firm (or to fulfill pre-contractual obligations) – Art. 6 par. 1 letter b) GDPR.
We can also process personal data on the basis of the so-called legitimate interest of our office or third parties (Article 6, paragraph 1, letter f) of the GDPR), while such legitimate interests are, in particular, proof of the compliance of our office’s actions with legal regulations and legal regulations, the exercise of our rights in relation to clients or third parties, protection of property, network security, information and data.
How we collect personal data
We most often obtain personal data directly from you – our client. Providing personal data may be your obligation (e.g. for tax purposes), but in most cases it is voluntary. However, depending on the specific case, failure to provide personal data may affect our ability to provide you with the required and high-quality legal advice or, in exceptional cases, may lead to our obligation to refuse to provide the requested service. We may also obtain personal data from publicly available sources, from public authorities or from other persons.
If you are not our client, we most often obtain your personal data from our clients or from other public or legal sources by requesting from public authorities, extracting from public registers, obtaining evidence in favor of the client, etc. In this case, we can obtain personal data about you based on our legal authorization and obligation to practice advocacy in accordance with the Advocacy Act (see also Article 14, paragraph 5 GDPR).
Affected persons
The persons about whom we process personal data are mainly natural persons – our clients, or employees, representatives or members of statutory bodies of our clients. For the purposes of performing our profession, the Law on Advocacy directly allows us to process personal data of other natural persons; this is mainly the counterparty of the client, its employees, employees of the counterparty, spouse, children or other family members of the client, other participants in the proceedings than the client, etc. depending on the nature of the case and the type of legal service provided.
Categories of processed personal data
We can process not only ordinary personal data (name, surname, date of birth, place of residence, etc.), but in certain cases also personal data belonging to a special category (Article 9 GDPR). In addition to the legal basis mentioned above (Art. 6 GDPR), in such a case we rely on the exception provided in Art. 9 par. 2 letters f) – proving, exercising or defending legal claims, or – depending on the circumstances – g) – significant public interest or a) – express consent of the person concerned.
Circle of recipients
We make personal data of our clients and other natural persons available only to the extent necessary and always while preserving the confidentiality of the recipient of the data, e.g. our employees, persons we entrust with the execution of individual acts of legal services, representing or collaborating lawyers, our accounting advisers, auditors, the Slovak Bar Association (e.g. in the case of disciplinary proceedings). Although we have a limited obligation to provide your personal data to public authorities due to confidentiality reasons, we are obliged to prevent the commission of a crime and we also have an obligation to report information in the area of preventing money laundering and terrorist financing.
Data transfer to third countries
We do not envisage the transfer of data to third countries outside the European Economic Area.
Automated decision-making and profiling
We do not perform.
Data retention period
We keep personal data for as long as it is necessary for the purposes for which the personal data is processed. When storing personal data, we are guided by legal regulations (accounting, tax, regulations on protection against legalization of income from criminal activity and financing of terrorism), as well as the recommended storage periods of documentation in accordance with the regulations of the Slovak Bar Association. The shredding period of the client file is 10 years and starts from the day when all the conditions for storing the file in the archive are met. Our office is also subject to status overrides, according to which there are certain circumstances that extend our retention periods for personal data, or they prevent us from shredding some documents for understandable reasons. For example, it is not possible to shred: (i) the client file, which contains the originals of the documents handed over to the lawyer by the client, (ii) the protocols of the client files and the names of the client files, (iii) the client file or its part, which the lawyer is obliged to hand over to the state archive, (iv) client file, as long as there is any proceeding before a court, a state administration body, law enforcement authorities, the Slovak Bar Association, the content of which is related to the content of the client file, or the subject of which was the action or omission of the lawyer when providing legal assistance in the matter to the client.
IV. YOUR RIGHTS
According to § 18 par. 8 of the Law on Advocacy, the lawyer is not obliged to provide information about the processing of personal data, to allow access or portability of personal data, if this could lead to a violation of the lawyer’s obligation to maintain confidentiality under the Law on Advocacy. We do not provide your data to third parties, except in the case when such an obligation arises from valid legal regulations, or when we are invited to provide data by the relevant state authorities.
As a data subject under the GDPR, you have the right to:
based on a written (including electronic) request for access to your personal data.
If you are the counterparty of our client, or a person against whom our client has or may have a claim that is/will be the subject of a legal service, your right to access the data we process about you is significantly limited. This is because the confirmation of this fact could threaten the legitimate interests of our client. If you nevertheless ask us to tell you what data we process about you, you will most likely receive the following answer from us: “I am informing you that our law firm does not process or does process any personal data about you, but we cannot confirm this to you. For legal reasons, our law firm cannot provide you with any additional information even in accordance with the GDPR regulation. For more information, we refer to point 6.3 of the SAK Code of Conduct at https://www.sak.sk/blox/cms/sk/sak/doc/224/225/_event/open “.
to correct incorrect or completion of incomplete data;
restriction of data processing if any of the cases listed in Article 18 of the GDPR occur.
to obtain personal data that concern you and that you have provided to the operator and the right to transfer this data to another operator under the conditions specified in Art. 20 GDPR;
You therefore have the right to ask us to provide the data we process about you to another lawyer (or another operator with the same level of legal obligation to protect confidential client information) in a structured, commonly used and machine-readable format.
object in the cases referred to in art. 21 GDPR;
You have the right to object at any time for reasons related to your specific situation against the processing of personal data concerning you, which is carried out for the purposes of the legitimate interests that we pursue. We may not further process personal data unless we demonstrate necessary legitimate reasons for processing that outweigh the interests, rights and freedoms of the person concerned, or reasons for proving, exercising or defending legal claims.
to delete data whose purpose of processing has ended or in the cases specified in Art. 17 GDPR. However, this right is not superior to our legal obligation to process your data to the extent and for the purpose established by applicable legal regulations.
If you believe that there is a violation of your rights in the processing of personal data or a violation of the Personal Data Protection Act or the GDPR, you can submit a proposal to initiate personal data protection proceedings to the Office for the Protection of Personal Data of the Slovak Republic, Hraničná 12, 820 07 Bratislava 27 , Slovak republic; www.dataprotection.gov.sk or go to court.
We will provide you with information about the measures we have taken on the basis of your request for the exercise of rights without undue delay, no later than one month from the delivery of the request (the stated period can be extended by another two months if necessary (we will inform you without delay of any such extension of the period inform together with the reasons for missing the deadline).If you submit an application electronically, the information will be provided by electronic means, if possible, unless you request another method.
NEWSLETTER
Sign up for free legal news on the website of the law office ( www. terem.legal) by entering your email address. You only need to fill in the email address, without any other data. By sending your email address, you give us your consent to the processing of personal data for the purpose of sending the terem.legal Newsletter . You hereby agree to the inclusion in our database of email addresses and their use for sending legal news and information.
SENDING EMAILS
By entering into a contractual relationship between the data subject and the operator, the operator has the right to use the personal data of the data subject also for the purpose of contacting the data subject for the purpose of sending information by email (in particular, instructions on the data subject’s further obligations, marketing information, etc.). The legal basis for the processing of personal data is Act No. 452/2021 Coll. on electronic communications as amended
We can change or modify this PERSONAL DATA PROTECTION POLICY at any time, especially with regard to legislative changes in the area of personal data protection that may be adopted in the future, or when updating the purposes and means of processing. If we do so, we will inform you in an appropriate way.
May 20, 2024
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