GDPR
Information on the processing of personal data
bpv Braun Partners s.r.o. advokáti, ID No.: 27948994, with its registered office at Prague 1, Ovocný trh 1096/8, Postal Code 11000, registered in the Commercial Register maintained by the Municipal Court in Prague under file No. C 128700, tel.: +420 224 490 000, e-mail: info@rodinavpravu.cz or info@bpv-bp.com (hereinafter referred to as the "Company"), hereby, in its capacity as data controller in accordance with Regulation (EU) No. 2016/679 on the protection of natural persons with regard to the processing of personal data, as amended with effect from 25 May 2018 (hereinafter referred to as "Regulation"), informs all its clients and business partners, if they are natural persons (hereinafter referred to as "Data Subjects") about the processing of their personal data.
This information does not concern the personal data of legal entities, including the name, legal form and contact details of the legal entity.
Types and sources of personal data processed
The Company hereby informs clients in their capacity as data subjects that it processes in particular the following types of personal data in relation to them:
(a) identification and contact data;
b) billing data;
c) payment data;
d) data on business activities (in particular, data on pending/completed/threatened legal/enforcement/administrative proceedings, data on possible criminal proceedings and criminal cases, information regarding financial situation, bank account,);
e) details of attendance at events organised by the Company; f) details of communications (whether in person, in writing, by telephone or otherwise).
The provision of the data a) to f) above (at least to a basic extent) is necessary in order to fulfil contractual obligations. The provision of this information is mandatory.
The above personal data processed by the Company comes from the following sources:
(a) data provided by the Client itself when entering into a contract with the Company or during the term of the contract;
b) the data comes from public sources, lists and records such as the Commercial Register, Trade Register, Insolvency Register, court files;
c) the data has been provided by the client on the basis of consent to the processing of personal data and sending of commercial communications.
Methods, legal bases and purposes of processing personal data
The Company processes the above-mentioned personal data for the purpose of implementing the contract with clients, both automatically in information systems and manually by its employees or employees of the recipients (see below for the recipients). The Company's processing of the Clients' personal data is necessary for the execution of the concluded contract and the performance of the related rights and obligations of both the Company and the individual Clients.
The Company does not use the aforementioned data for decisions based purely on automated processing, including profiling in accordance with Article 22(2) of the Regulation.
The data may also be used for direct marketing purposes (in particular in the form of electronic commercial communications) based on the legitimate interest of the Company. The Company also uses personal data for direct marketing purposes on the basis of consent. The Client may object to such processing free of charge or, where applicable, withdraw consent by written communication sent by post to the Company's registered office address or electronically to iva.vosolova@bpv-bp.com.
Recipients of personal data
The Company may disclose personal data to the extent of the Client's or Client's representative's identification data in its promotional materials, if provided for in the contract or other related document.
The Company also discloses personal data of clients to the following categories of recipients in justified cases and only to the extent necessary:
- to its contractual partners, which the Company needs for its normal functioning and for the implementation of the contractual relationship with its clients:
- IT service providers managing our IT infrastructure;
- our information system providers;
- Postal service providers - in the case of postal communications with clients, we provide their name and address to the postal service provider;
- regional attorneys, through whom we provide legal representation to our clients throughout the Czech Republic;
- translation agencies;
- marketing agencies;
- other providers of legal, administrative and technical services that we use to ensure the fulfilment of our contractual obligations to our clients;
- other entities in cases where the provision of such data to the Company is required by law or where it is necessary to protect the legitimate interests of the Company (e.g. to courts, the Police of the Czech Republic, etc.);
- to foreign law firms that are members of the bpv Legal alliance.
In certain justified cases and only to the extent necessary, the Company may transfer personal data abroad, in particular in the context of cooperation with other members of the bpv Legal alliance of law firms. In the context of this cooperation, personal data may be transferred within the European Union, in particular to Belgium, Austria, Slovakia, Hungary and Romania.
In the event of litigation abroad within the EU, the Company may transfer personal data abroad within the EU in connection with the litigation in question, in particular when communicating with the relevant courts and authorities.
Period of processing and storage of personal data
The above personal data of the Clients is processed and stored by the Company for the duration of their contractual relationship and, upon termination thereof, for the duration of the limitation period of any related claim of the Company or its Clients. Upon expiry of this period, the Company shall destroy the Client's personal data, unless it is entitled/obliged to process such data on the basis of another legal title.
For the purposes of direct marketing carried out on the basis of the Company's legitimate interest, the aforementioned personal data of clients will be stored with the Company for a period of 3 years from the end of the contractual relationship or until the consent is withdrawn.
For the purposes of direct marketing carried out on the basis of the data subject's consent, the above personal data will be stored by the Company for a period of 3 years or until the consent is withdrawn.
The Company will archive documents containing personal data of its clients for the prescribed period where required by mandatory regulations.
Rights of clients
The Company hereby informs its Clients that, subject to the conditions set out in the Regulation, each Data Subject has the following rights against the Company as of 25 May 2018:
(a) the right of access to his/her personal data and the right to obtain a copy of the personal data processed (unless the rights and freedoms of others are adversely affected);
b) the right to rectification of inaccurate personal data concerning the client. Taking into account the purposes of the processing, the client has the right to have incomplete personal data completed, including by providing an additional declaration;
c) the right to have his/her personal data erased if one of the following situations occurs:
(i) the personal data is no longer necessary for the purposes for which it was collected or otherwise processed;
(ii) the client has withdrawn the consent on the basis of which their personal data was processed and there is no further legal basis for processing it;
(iii) the client has objected to being the subject of a decision based on the automated processing of their personal data and there are no overriding legitimate grounds for such processing or has objected to the processing of their personal data for direct marketing purposes;
(iv) the client's personal data has been unlawfully processed;
(v) the client's personal data must be erased in order to comply with a legal obligation under Union or Member State law to which the controller is subject;
(vi) the client's personal data have been collected in connection with the offering of information society services
(d) the right to request that the Company restrict the processing of his or her personal data if:
(i) the Client disputes the accuracy of his or her personal data, for such time as is necessary to enable the Company to verify the accuracy of such personal data;
(ii) the processing is unlawful and the Client refuses to erase his/her personal data and requests instead that the use of such data be restricted;
(iii) the Company no longer needs the Client's personal data for the purposes of the processing but the Client requires it for the establishment, exercise or defence of legal claims; and
(iv) the Client has objected to the processing pursuant to Article 21(1) of the Regulation, pending verification that the Company's legitimate grounds outweigh the Client's legitimate grounds;
(e) the right to the portability of his or her personal data processed on the basis of consent or contract and also by automated means;
f) the right to object free of charge to processing carried out on the basis of the legitimate interest of the Company, in particular to direct marketing carried out on the basis of the legitimate interest of the Company;
(g) the right to be informed in the event of a breach of security of his or her personal data, where this is likely to result in a high risk to the rights and freedoms of natural persons, including the client; and
h) the right not to be subject to a decision based solely on automated processing, including profiling, which has legal effects on him or her or similarly significantly affects him or her.
In order to exercise their rights under the Regulation or in the event of any queries or uncertainties regarding the Company's handling of the Client's personal data, the Client may contact the Company in writing at its registered office or at its email address info@bpv-bp.com. The Client also has the right to contact the Office for Personal Data Protection, located at Pplk. Sochora 27, 170 00 Prague 7 (further contact details here: www.uoou.cz) or file a complaint with the Office. Each Client hereby acknowledges that he/she has been advised of his/her rights and their protection under Articles 13 and 15 to 22 of the Regulation through the Company's above-mentioned information.