Privacy

Personal data protection

Information on the processing and protection of personal data

1. Introduction: controller and contact details

The law firm HOLEC, ZUSKA & PARTNEŘI advokátní s.r.o., ID No.: 07759, with registered office at Radlická 1c/3185, 150 00 Prague 5, Czech Republic (hereinafter referred to as the “Law Firm”), as the controller of personal data, respects the privacy of individuals and complies with the personal data protection legislation. For this reason, the Law Firm wishes to inform natural persons who are clients or suppliers of the Law Firm, or their representatives, applicants for employment at the Law Firm, visitors to the Law Firm’s website or third parties as data subjects (hereinafter referred to as “data subjects”) about how the Law Firm handles their personal data in its activities, in particular what data is processed and for what purposes.

If a data subject has any questions about this notice or about the collection, processing and protection of his or her personal data, he or she may contact the Law Firm by telephone at +420 296 325 235, by email at gdpr@holec-advokati.cz or by post at the Law Firm’s registered office.

2. Data processed and purpose of processing, including legal basis

Any provided personal data or subsequently generated, where applicable, are processed and used only in accordance with the purpose set out in this information notice on the processing and protection of personal data.

Clients

The Law Firm provides legal services to clients on the basis of a legal services agreement (Engagement Letter), which forms the legal basis for the processing of clients’ personal data. The provision of personal data is an obligation of the data subject – the client (hereinafter referred to as the “Client”) arising from the aforementioned contract, to the extent necessary for the purposes of fulfilling the contract concluded between the Client and the Law Firm. The Law Firm uses and processes the personal data provided and any personal data subsequently generated in the course of cooperation with the client for the purpose of the proper provision of its services and the fulfilment of its contractual and legal obligations as a provider of legal services and a tax entity.

The Law Firm processes clients’ data to the extent necessary for the provision of legal services in accordance with the contract concluded with the client. With regard to the specific legal service provided, the Law Firm processes client data in the scope of: name, surname, date of birth, birth number, permanent address, telephone number, e-mail address, marital status and family situation, financial situation, bank account, data on pending/completed/threatened court / execution / administrative proceedings, data on possible criminal proceedings and criminal cases, data from documents submitted by the client, possibly video / audio recordings, and other personal data necessary for the performance of the contract with the client.

Third parties

In connection with the provision of its legal services its Clients, the Law Firm processes the personal data of third parties (e.g. contractors/counterparties of clients) to the extent necessary for the purposes of fulfilling the contract concluded between the Client and the Law Firm. The Law Firm obtains personal data of third parties through its Clients, third parties, courts and from court files, administrative authorities, witnesses, experts, public registers, publicly available information (e.g. internet). The Law Firm uses and processes personal data of third parties obtained in this way for the purpose of the legitimate interest of the controller, which is the proper performance of the contract for the provision of legal services concluded with the Client and the performance of related legal obligations arising from the regulations governing the practice of law.

Personal data processed with third parties may include their name, surname, date of birth, birth number, permanent address, telephone number, e-mail address, marital status and family situation, financial situation, bank account, data on pending / completed / threatened judicial / enforcement / administrative proceedings, data on possible criminal proceedings and criminal cases.

Job applicants

In connection with the search for new employees, the Law Firm processes personal data of job applicants obtained from their CVs and any further recruitment process, solely for the purpose of concluding an employment contract with the applicant and fulfilling the Law Firm’s legal obligations as a potential employer.

The personal data of job applicants processed includes their name, surname, date and place of birth, nationality, permanent/temporary residence, contact address, telephone number, email address, other personal data contained in their CVs (e.g. education, knowledge of foreign languages, professional knowledge and skills, previous employment, photographs of the applicant, if applicable).

Suppliers

The Law Firm cooperates with suppliers in order to carry out its activities. In this context, the Law Firm processes personal data of suppliers (natural persons) and representatives of suppliers, whether provided or subsequently generated, only for the purpose of the proper performance of contracts with suppliers and the fulfilment of related legal obligations as a client and tax entity.

The personal data being processed for suppliers and their representatives include their name, surname and contact details (telephone number, email address), and for suppliers also their date of birth, permanent address, registered office address, registration number, tax identification number, bank account numbers and details of the performance received and provided.

Visitors to the website

Visitors to this website (“Visitors”) are not required to enter any personal data if they wish to use this website. The Law Firm’s servers automatically collect routine information regarding Internet events. This includes, for example, the browser type and version, the operating system used, the website from which the Law Firm’s website is accessed, the subpages of the Law Firm’s website viewed, the date and time of access, the Internet Protocol address (IP address), the Internet service provider, etc. The Law Firm uses the aforementioned data for the purpose of the Law Firm’s legitimate interest, which is to make its website accessible, to identify and resolve potential technical problems and to prevent possible abuse of the content of the Law Firm’s website. In addition, the Law Firm only uses this data in an anonymous form, i.e. without the possibility of identifying the user, for statistical purposes and for the purpose of improving the website.

If Visitors choose to voluntarily enter their personal data, the Law Firm’s website may collect such personal data entered. This information includes, but is not limited to, name, job title, company address, email address and telephone or fax number. The Law Firm will only use this information for the purposes other than stated when provided. If it is in the best interest of Visitors, the Law Firm may use that information to contact Visitors or to better determine the needs of Visitors and, as a result, improve the Law Firm’s services.

Cookies

This website uses cookies to tailor the website to the needs of its Visitors. A cookie is a text file/code that a website stores on a Visitor’s hard drive when they enter this website. A cookie generally contains the name of the domain from which the cookie was sent, information about the age of the cookie and an alphanumeric identifier. This file enhances the functions available on the website or allows for a more accurate analysis of its use. For example, the website/server may create a cookie so that Visitors do not have to re-enter a password or other information when visiting the website. However, regardless of how they are used, cookies will not collect personally identifiable information. The information stored in cookies is not used by the Law Firm to identify Visitors, nor is it combined with other personal information that may be provided to the Law Firm by Visitors themselves. Visitors can set their web browser to either accept or reject these files/cookies. If they choose to decline them, however, they may not be able to fully experience the interactive features of the website.

General

The Law Firm does not process the so-called special categories of personal data, i.e. data concerning racial or ethnic origin, political opinions, religious or philosophical beliefs or trade union membership, as well as genetic data, biometric data for the purpose of uniquely identifying a natural person and data concerning the health or sex life or sexual orientation of a natural person (“sensitive data”), except:

(i) any personal data relating to occupational health (e.g. in connection with an initial medical examination or a medical opinion on the ability to perform a particular job or on occupational accidents or diseases);

(ii) where the processing of sensitive data in connection with the provision of legal services by the Law Firm to a Client is necessary for the establishment, exercise or defence of legal claims or where the courts are acting within their jurisdiction.

3. Rights of data subjects

Data subjects acknowledge that the provision of personal data to the Law Firm is voluntary, but is nevertheless necessary for the purposes set out above. In case of non-provision of personal data, the above purposes cannot be realized.

Data subjects have the following rights with respect to their personal data:

• The right of access to their personal data and the right to obtain information about the processing of their personal data that does not result from this information notice;
• the right to require the Law Firm, as data controller, to:
  • correct inaccurate and complete incomplete personal data;
  • delete the personal data in specified cases, e.g. because they have been processed in violation of legal regulations or are no longer necessary for the Law Firm;
  • restrict processing of the personal data of the data subject (i.e. the Law Firm should in principle only store the personal data and not otherwise process them) in specified cases, i.e. on the grounds that they have been processed in breach of the law or if the data subject objects to their inaccuracy or if the Law Firm does not need them but the data subject requests them;
• the right to the portability of personal data provided to the Law Firm and processed by the Law Firm by automated means, i.e. to obtain such personal data, or to transmit them to another controller, in a structured, commonly used and machine-readable format;
• the right to lodge a complaint with a supervisory authority, e.g. in the Czech Republic with the Office for Personal Data Protection, if they find or believe that the processing of their personal data is carried out in breach of the law;
• in cases where the processing of personal data is based on the consent of the data subject, the right to withdraw this consent at any time, without prejudice to the lawfulness of earlier processing carried out before the withdrawal of consent;
• in the case of processing of personal data on the basis of the legitimate interests of the Law Firm (e.g. direct marketing), the right to object to such processing.

In order to exercise all of the aforementioned rights, as well as in the event of any questions and complaints regarding the processing of personal data, data subjects may contact the Law Firm by phone at +420 296 325 235, by email at gdpr@holec-advokati.cz or at the address of the Law Firm’s registered office.

4. Where the personal data are stored and what are the appropriate technical and organisational measures in place

The Law Firm maintains appropriate administrative, technical and physical safeguards to secure personal data against accidental or unlawful destruction, accidental loss, unauthorised alteration, unauthorised disclosure or access, misuse or any other unlawful form of processing of personal data.

Personal data is stored in electronic form in a controlled and protected environment, secured by state-of-the-art hardware and software data protection systems and/or in hard copy form with maximum security against access by unauthorised persons.

5. The period for which personal data will be retained

The Law Firm uses and retains personal data for the period necessary to fulfil the purposes set out in this Information Notice. Subsequently, the personal data is handled in accordance with the applicable legislation, in particular Act No. 85/1996 Coll., the Act on Advocacy, Act No. 499/2004 Coll., the Act on Archives and File Service and on Amendments to Certain Acts and the GDPR Regulation.

The period of processing of personal data of Clients and third parties is determined by the duration of the respective contract. The personal data of employees are processed for the duration of the employment relationship with the controller and, if necessary, for a short period (max. 1 year) after the termination of the employment relationship. For successful job applicants, submitted CVs and other documents become part of the employee’s personal file. The CVs of unsuccessful candidates are kept for the purpose of any subsequent contact for a maximum of one year after the CV has been sent or the recruitment procedure has been completed, after which they are shredded or otherwise destroyed. The duration of the processing of the personal data of the suppliers or their representatives is determined by the duration of the contract with the suppliers.

6. Transfer of personal data to third parties

The Law Firm does not disclose personal data it collects about the data subject to third parties, except as described in this information notice or where the Law Firm otherwise expressly informs the data subject.

For the purpose of its proper functioning, the Law Firm may, where appropriate, share the personal data of suppliers with an external accounting company. Personal data processed by the Law Firm may exceptionally be accessed by IT system administrators or similar IT service providers on an incidental basis. The Law Firm may transfer the personal data of its clients to other recipients according to the needs and instructions of the clients (e.g. to a translation agency).

In this context, the law firm declares that it chooses its suppliers, subcontractors and other contractual partners carefully and only transfers personal data to reliable partners to the extent necessary. In addition, it contractually requires its data processors to process personal data only in accordance with its instructions and where necessary for the provision of services or to comply with legal requirements. The law firm also requires them to put in place appropriate measures to protect the security and confidentiality of personal data.

The Law Firm also provides personal data to state and other public authorities:

(i) when required to do so by law;

(ii) in response to a request by courts, law enforcement or other public authorities; or

(iii) where the Law Firm believes that such disclosure is necessary to prevent physical harm, damage or financial loss.

The Law Firm does not disclose personal information to recipients in third countries or within international organizations.

7. Updating information

This Information Notice may be updated at any time as a result of changes to the Law Firm’s data processing and privacy practices. The Law Firm will post a notice on its website informing data subjects of any significant changes to this notice.

HOLEC, ZUSKA & Partners, 25 May 2018

Data subjects’ request form.