- PROTOPOPESCU & PARTNERS – Cabinet de proprietate industrială, headquartered in 164 Calea Griviței, bldg. K, ent. B, 2nd floor, suite 34, District 1, Bucharest, Romania, registered with fiscal identification code 42790819; and
- PROTOPOPESCU TIBERIU – Cabinet Avocat, headquartered in 164 Calea Griviței, bldg. K, ent. C, 2nd floor, suite 66, District 1, Bucharest, Romania, registered with fiscal identification code 43298432,
TYPES OF PERSONAL DATA
For the purposes of the Processing as shown below, we process your personal data which may include, as appropriate, both your Personal information, and the Special categories of personal data, as defined hereinafter. The “Personal information” means: your name and surname, date and place of birth, job title and name of the company/ entity you belong to, postal address including home address, business address, telephone number, mobile phone number, fax number and email address and other similar data in respect to you, payments carried out, requests and projects, information collected from public sources and databases, information on relevant and important litigation or other court actions initiated against you or by you against one of your third party affiliates, IP address, other personal data regarding your preferences, which may be relevant for any purposes regarding the performance of our services, details and information about your visits to our offices, as well as other data related to interaction with us.
In addition, in the course of our activities, we may process the following Special categories of personal data about you, such as: personal identification number, Identity Card series and number, data on your political opinions, data on your health, data on union membership and data relating to criminal convictions and offences.
We shall collect your Personal data directly from you, in certain circumstances, including:
- When you request legal consultancy or representation from our behalf;
- When you navigate, request information or interact on our website;
- When you render or offer yourself to render services for us;
- When you willingly communicate us, for any reason, your Personal data.
In certain circumstances, we collect your Personal data from a third party source. For example, we can collect Personal data from your employer, other companies or individuals with which/whom you are connected, governmental agencies, credit bureaus, information or services providers or from public archives.
PURPOSES OF PROCESSING
Protopopescu & Partners will process Personal data as allowed or required by current applicable legislation, as follows:
- In order to permanently inform you about the current status of the requested legal services, analysis and improvement of services, and to fully communicate with you. Our services may include consultancy or legal representation regarding intellectual property law, insolvency law, civil law, family law, commercial law, contract law, public acquisitions law or other branches of law before the courts of law, arbitral tribunals or other competent authorities;
- Management and overview of the relationship between you and Protopopescu & Partners, including, but not limited to payments processing, accounting, audit, invoicing and collection, assistance services;
- Compliance with our legal obligations (such as the obligations to keep records), obligations to review the compliance or to record (such as pursuant to the commercial sanctioning and embargo laws, antitrust laws, for fighting money laundering purposes, financial review and compliance, for purposes of preventing and identifying fraud and crimes), which may include automated checks of your Personal data against the applicable lists of persons subject to sanctions and your contacting to confirm your identity, in the event of a possible positive result, or registration of the interaction we had with you, which could be relevant for compliance purposes;
- Access management to our IT and communication systems, online platforms, websites and other systems, prevention and detection of security threats, frauds or other criminal activities;
- Monitoring and assessment of the compliance with our policies and standards, in order to identify the persons authorized to perform transactions on behalf of our clients, our services beneficiaries, suppliers, and/or providers;
- To provide compliance with court judgements and/or exercising of legal rights;
- For any purpose related and/or additional to any of the above.
We will send you marketing related information, only after you select the option to receive such communications and we will provide you the possibility to unsubscribe at any time. We will not use your Personal data when making automated decisions which may affect you or create profiles, other than those described above.
GROUNDS FOR YOUR PERSONAL DATA PROCESSING
Any operation which is the equivalent of a Processing of your Personal data shall be carried out based on one or several of the legal grounds described below:
- The Processing is based on your consent as legal ground for collecting, storing and using your Personal data, as allowed by the applicable law;
- The Processing is required for the performance of an agreement to which you are a part, or, such Processing is required for entering into an agreement with you;
- The Processing is required for the compliance with a legal obligation;
- The Processing is required to protect your vital interests or those of another individual;
- The Processing is required for the legitimate interests of Protopopescu & Partners or of a third party, unless your interests and rights and freedoms prevail over such interests. We use your Personal data for our legitimate interests, namely, to exercise our obligations and rights deriving from an agreement concluded with your company/ entity, in order to improve our performance and the working method and for administrative and fraud detection purposes.
If the applicable legal provisions required your prior and explicit consent for the Processing of some Special categories of personal data, we shall process such data only based on your prior and explicit consent.
We may choose to withdraw your consent in respect of the marketing materials at any time, simply by accessing the “unsubscribe” link in the foot note of every newsletter or invite to events.
DATA TRANSFERS, RECIPIENTS AND LEGAL GROUNDS FOR SUCH TRANSFERS
While performing our activity, we may send your Personal data to:
- Lawyers, other legal professionals, including mediators, notaries, bailiffs, consultants or experts involved in your case or legal issue, if such data transmission is required due to the subject matter;
- Courts of law, law enforcement authorities, regulatory authorities or lawyers or other individuals, if this proves to be necessary in a justified manner, in order to establish, exercise or defend a right in court or a natural right, or for an alternative and confidential resolution of disputes;
- Foreign law firms as to obtain legal advice when such advice is required to resolve the mandate entrusted by you or your company;
- Companies providing services related to anti-money laundering controls, credit risk mitigation and for other purposes related to fraud and crime prevention and to companies rendering similar services, including financial institutions, credit reporting agencies and regulatory authorities that such data are shared with;
- Any third party towards which we assign or novate any rights or obligations under the law.
Furthermore, we may transfer your Personal data to our processors, mainly to service providers part of or outside of Protopopescu & Partners, with a view to the Processing of your Personal data for the authorized purposes, on our behalf and strictly based on our instructions. Protopopescu & Partners will maintain the control over your Personal data and will use appropriate safeguards, as provided under the applicable law, to ensure the integrity and security of your Personal data in relation with those processors.
Otherwise, we will transmit your Personal data only when instructed or authorized by you in this respect or when this is required under the applicable law or by requests from the judicial or public authorities.
We may transfer your Personal data abroad. Certain recipients of your Personal data may be located in countries for which the European Commission has not issued a decision regarding the provision of an adequate level of data protection, namely: the United States of America or some of the countries outside Europe.
Certain recipients outside the European Economic Area (“EEA”) are certified under the privacy agreement concluded between Europe and USA called “EU-US Privacy Shield”, while others are located in countries for which the European Commission issued compliance decisions [Andorra, Argentina, Canada (for private organizations subject to the Personal information protection and electronic documents act), Switzerland, Faroe Islands, Guernsey, Israel, Isle of Man, Jersey and New Zealand]. In each case, the transfer is recognized as providing an adequate level of data protection from the perspective of the European data protection law (Article 45 of GDPR).
We may conclude data transfer agreements based on the Standard Contractual Clauses (European Commission Decision 2010/87/EU and/or European Commission Decision 2004/915/EC) pursuant to Article 46 (5) GDPR or by using other appropriate means, making sure that all other recipients outside the EEA will provide an adequate level of data protection for Personal data and that there are adequate technical and organizational security measures to protect Personal data against accidental or unlawful destruction, accidental loss or alteration, unauthorized disclosure or access and against all other unlawful Processing methods.
SECURITY OF YOUR PERSONAL DATA
Protopopescu & Partners has implemented appropriate technical and organizational measures in order to maintain the privacy and security of your Personal data in line with the internal procedures on storage, dissemination and access to Personal data. The Personal data may be kept either stored on our Personal data technological systems or on paper.
Personal data processed for the purposes specified herein shall be retained only as long as it may be necessary during your relation with Protopopescu & Partners, as well as subsequently for the retention periods required under the applicable law. Should any legal proceedings be initiated, the Personal data are retained until the end of such proceedings, including throughout any period of appeal or extraordinary appeal, and subsequently erased or archived, as provided under the applicable law.
YOUR LEGAL RIGHTS
In your capacity as data subject, GDPR grants you the following rights:
- right of access – allowing you to obtain confirmation that your personal data is being processed by us and, if affirmative, the relevant details of such processing activities;
- the right to rectification – allowing you to rectify your personal data if inaccurate;
- right to erasure – allowing you to obtain the erasure of your personal data;
- right to restriction – allowing you to obtain the restriction of processing your personal data;
- right to object – allowing you to object to further processing of your personal data within the conditions and limits set forth by law;
- right to data portability – allowing you to receive the personal data concerning you that you have provided to us, in a structured, commonly used and machine-readable format or to transmit such data to another data controller.
You may exercise your aforementioned rights and find out more about such rights by filing with us, as data controller, a written request using the contact details, namely address: Protopopescu & Partners, 164 Calea Grivitei, bldg. K, ent. B, 2nd floor, suite 34, District 1, Bucharest, Romania or via e-mail at firstname.lastname@example.org
You also have the right to file a complaint with the National Authority for the Supervision of Personal Data Processing.