Data Processing Notice

As a result of the entry into force of the Regulation of the European Parliament and of the Council (EU) 2016/679 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 (“GDPR”) please be advised that Matczuk Wieczorek and Partners Legal Office of Attorneys at Law and Legal Advisers General Partnership shall process, among others, the following personal data:

a) personal data of clients who are natural persons,
b) in the case of clients of the Legal Office being legal persons or associations not having legal personality – personal data of the persons authorised to represent such entities, and employees and associates of such clients,
c) personal data of service providers who are natural persons, as well as employees and associates of service providers;
d) persons addressing the Legal Office to obtain legal advice provided by the Office and persons whose data were gathered when providing such services for the Office’s clients;
e) persons associated with the Legal Office on a permanent or occasional basis in relation to the provision of services by the Office;

For the above reasons, the Law Office hereby provides you with significant information related to the processing of personal data.

PERSONAL DATA CONTROLLER

The personal data controller is Matczuk Wieczorek and Partners Legal Office of Attorneys at Law and Legal Advisers General Partnership (in Polish: Matczuk Wieczorek i Wspólnicy Kancelaria Adwokatów i Radców Prawnych Spółka Jawna) with its registered office in Warsaw, ul. Warecka 11a, 00-034 Warszawa, entered on the register of entrepreneurs kept by the District Court for the Capital City of Warsaw, 12th Business Division of the National Court Register, under KRS number: 0000253133, taxpayer identification number (NIP): 701-00-10-819

CONTACT DETAILS OF THE CONTROLLER

You can contact us using the following details:

a) by phone: (+48 22) 463-40-00, (+48 22) 745 71 35;
b) by sending an-email to the address: mww@mwwlaw.pl;
c) at our Legal Office, address: ul. Warecka 11a, 00-034 Warszawa

PURPOSES OF DATA PROCESSING, LEGAL BASIS FOR PROCESSING AND LEGITIMATE INTERESTS

Please be advised that your personal data shall be processed where it is necessary to:

1. enter into and perform a contract, i.e. on the basis of Article 6 (1) (b) of the GDPR, including in particular a legal service contract or an agreement on the provision of services to the Legal Office by the providers of such services;
2. comply with legal obligations to which the personal data controller is subject on the basis of Article 6 (1) (c) of the GDPR, resulting from the Union or Polish law;
3. for the purposes stemming from the legitimate interests pursued by the controller or a third party on the basis of Article 6 (1) (f) of the GDPR, whereby the controller recognises the following as legitimate interests: establishment, exercise, and defence of legal claims; preventing fraud; ensuring ICT environment security; applying internal control systems; monitoring the Legal Office and recording entries to and exits from the Legal Office; establishing conflicts of interests and breaches of ethical rules to the extent necessary to prevent misuse; for archiving and statistical purposes; as well as to provide services to a client when the client’s interest overrides the interests, rights, and freedoms of the data subject

CATEGORIES OF PROCESSED PERSONAL DATA

The Legal Office shall process the following personal data categories:

  • data serving the purpose of confirming identity, such as first and last name, PESEL number, ID document number, date of birth;
  • contact details such as: telephone number, e-mail address, residence address;
  • tax identification data;
  • information about education and professional experience – if necessary from the point of view of the services provided;
  • information about the economic and financial situation – if necessary from the point of view of the services provided;
  • information about professional and business activities;
  • information about the marital status – if necessary from the point of view of the services provided;
  • images – in the scope of the monitoring in place in the Legal Office.

In addition, the Legal Office may process other personal data categories where it is impossible to include them to any of these groups and the processing is carried out for the purposes specified in this notice;

CATEGORIES OF RECIPIENTS

The data recipients may include the following categories of entities:

  • attorneys at law and legal advisers, notaries, and other entities providing legal services and taking independent decision as regards the purposes and manners of data processing, cooperating with the Legal Office;
  • assignees of the Legal Office’s receivables;
  • entities authorised on the basis of the applicable law regulations (in particular courts and state bodies);
  • economic information bureaux;
  • entities providing:

- services in the field of IT and new technology;
- payment services;
- accounting and financial services;
- audit and control services;
- recovery services;
- printing services;
- services consisting in destroying documents;
- postal and courier services

TRANSFER OF DATA OUTSIDE THE EUROPEAN ECONOMIC AREA

In general, the Legal Office shall not transfer personal data outside the European Economic Area. However, the Office may commission the provision of specific IT services or tasks to a service provider having its registered office outside the European Economic Area. In such a case data shall be transferred to a third state for which an adequacy decision was taken by the European Commission. At any time, you may request further information and copies of relevant safeguards.

DATA RETENTION PERIOD

a) for the purposes of performing a contract/contracts – until their termination or expiry;
b) o establish, exercise, or defend against legal claims – until the expiry of the limitation period or lodging an objection;
c) to comply with the legal obligations to which the Legal Office is subject – until the expiry of the obligations stemming from law regulations.

RIGHTS OF THE DATA SUBJECT

  • right of access to the contents of the data subject’s personal data, rectifying and completing them, restricting their processing and deleting them;
  • right of personal data portability with regard to the data provided by you to the Legal Office, i.e. right to receive them in a structured and commonly used format and to send them to another controller. This right may be exercised only where the processing takes place on the basis of a consent or agreement and where it is fully automated.

In order to exercise the above rights, please contact the Legal Office.

RIGHT TO LODGE A COMPLAINT

The right to lodge a complaint with the supervisory body handling personal data protection where the data subject believes that the processing of personal data breaches the GDPR

RIGHT TO OBJECT

You have the right to object to the processing of personal data if the processing is carried out for the purposes resulting from the legitimate interests pursued by the controller or a third party, i.e. on the basis of Article 6 (1) (f) of the GDPR.

Such an objection must be based on your particular situation. Upon receipt of the objection we shall cease to process your personal data for the purposes indicated above to which you have objected, unless we demonstrate that there is a compelling legitimate interest in the processing which overrides your interests, rights, or freedoms, or there are grounds for establishing, exercising and defending against claims.

RIGHT TO REVOKE CONSENT

Where personal data are processed on the basis of the consent of the data subject, the data subject may revoke their consent at any time, whereby the revocation of consent shall be without prejudice to the legal compliance of the processing carried out before the revocation on the basis of such a consent.

INFORMATION ABOUT THE REQUIREMENT TO PROVIDE PERSONAL DATA AND THE VOLUNTARY NATURE OF THEIR PROVISION, AND THE CONSEQUENCES OF FAILURE TO PROVIDE DATA

In the scope of the processing of personal data for the purpose referred to in item 2 above, the obligation to provide data constitutes a statutory requirement; in turn where personal data are processed for the purposes referred to in items 1 and 3, the obligation to provide them is a contractual requirement – the provision of data for any of the purposes referred to above is voluntary, however necessary to enter into and perform a contract with the Law Office.