GDPR Privacy policy and cookies

The Law Office protects your pivacy and ensures the respect of the professional secrecy (both of an attorney at law and of a mediator), confidentiality, and security of personal data that the Law Office is processing. Since 25 May 2018 Regulation (EU) 2016/679 of The European Parliament and of the Council 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 (General Data Protection Regulation, the GDPR) is directly applicable also in Polish legal system. In this Privacy and Cookies Policy (hereinafter referred to as „the Policy”) you will find the information on how the Law Office processes your personal data according to the GDPR and to the Polish Act on Attorneys at law (uniform text: Journal of Laws of 2018, item 2115) and what are your rights as data subjects.

    1. According to the GDPR, personal data means any information relating to an identified or identifiable natural person (‘data subject’) – an identifiable natural person, is a person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

    1. In connection with its professional activity, the Law Office processes as the Controller (so a person who determines the purposes and means of the processing) certain personal data, that are described further on in the Policy.

      The identity and the contact details of the Controller:

      Radca prawny (Attorney at law) Anna Kaczyńska conducting the Law Office in Łódź, address: ul. 6/8/10 lok. 22, 90-228  Łódź,  NIP (tax identification No.: 7262520170, hereinafter referred to, in this Policy, as the Controller or the Law Office.

      As for data protection issues you can contact the Law Office via e-mail: biuro@kancelaria-kaczynska.pl 

    1. The Law Office processes the data of:

      • Clients, define as persons to whom the services both legal ones (including the legal representation before courts, authorities, institutions) and as for conducting the mediation, are provided; as for mediation, it can be conducted by the Law Office both on the basis of the contract and as a referral from the court,

      • other Contractors,

      • persons contacting the Law Office on their own initiative,

      • contact persons indicated by, or employed by Clients/Contractors, and shareholders/ members of organs of such Clients/Contractors – in the case of commercial companies,

      • other persons, information about who, is held in cases’ files, communicated by Clients (in connection with providing by the Law Office legal services, including participarion in proceedings) or by courts, by other party/attorney at law/advocate representing other party, by bailiffs, notaries or other mediators, as well as personal data (if applicable) of above mentioned persons (judges, other parties/attorneys at law/advocates, bailiffs, notaries, other mediators, hereinafter referred to as other participatants of a proceeding) and personal data of their staff.

    1. Personal data are collected by the Law Office in the following purposes and on the following legal basis:

      • for our contact before conclusion of the contract, then for its proper performance, especially to provide legal services, including participation in legal proceedings as attorney at law or as mediator. In the case of a contract regading legal services, representing Clients before courts and other institutions or conducting a mediation, the data processed are usually as follows: name, surname, company name, address, PESEL/NIP (tax identification) No., telephone number, e-mail, bank account number, and other data that are necessary to provide legal services or represent Clients in legal or mediation proceedings thoroughly. When the Law Office concludes other civil or commercial transactions, processes usually also not more than name, surname, company name, address, PESEL/NIP (tax identification) No., telephone number, e-mail, bank account numer, unless a specificity of the contract or of its performance requires processing of bigger scope of personal data. Provision of personal data is voluntary however it constitutes a necessary condition to enter into the contract with the Law Office.

        Only if, in relation with legal services rendered or with mediation conducted, and only if it is indispensable to participate as attorney at law or mediator in the establishment, exercise or defence of legal claims, the Law Office can process special categories of personal data. According to the GDPR, special categories of personal data are data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation.

      • processing data necessary to comply with legal obligations, among other ones, data connected with tax calculation and accounting,

      • processing data used to fulfil the Law Office’s legitimate interests as the Controller, e.g:

        • processing personal data (like name, surname, e-mail, telephone number) of contact persons or employees indicated by Client/Contractor, or their shareholders/ members of their organs – in the case of commercial companies,

        • processing of data necessary for establishment of claims, redress, or defence against claims,

        • processing data in connection with having the Law Office’s profile in social and professional media (such as Facebook, LinkedIn) – in that case your personal data as users of such media, can be processed if using their functionalities and according to the terms and conditions of services of such media. Regardless of having or not your profile/account on social/professional media, the Law Office can use functionalities/tools available on those media such as: parameters setting, filters, criterias for statistics to prepare relevant content to be published. That is why having profiles/accounts in the social/professional media by the Law Office enables those media to store also the cookies on the computer or any other device of a person who even only visits this profile/account or is observing/following content posted by Law Office on such social/professional media. The details regarding privacy and data processing (including cookies) applied by given social/professional media are available in its privacy and cookies policy. If visiting our social/professional account/profile the Law office encourage you to visit first actual privacy and cookies policies of those media.

    1. Personal data that are processed by the Law Office are mosty collected directly from you as data subjects, however in certain circumstances your data can be also obtained by the Law Office from other person/entity, mostly in situations as follows :

      • when disclosed to the Law Office by a Client/ a cooperating with the Law Office attorney at law/advocate or by other other participatants of a proceeding, if collection of those data is necessary for rendering properly legal services, including the court litigations, or for conducting mediation, 

      • when provided by the Law Office’s Contractor in connection with business/contractual relations, 

      • in other cases: from public resources such as National Court Register, Bussines Activity Central Register, Central Statistical Office, websites and portals, e.g: when the Law Office looks for the Contractors like suppliers/service providers or contacts for professional cooperation,

    1. Your personal data can be disclosed to other persons/entities (data recipients) only, if the Law Office is obliged or entitled to do so under legal provisions in force, including the situations when, in connection with its professional activity, the Law Office is concluding a data transfer agreement with a person/an entity. Such a disclosure cannot however result in breach of the rules of professional conduct and professional secrecy.

      In above-mentioned circumstances, your personal data can by provided to the following categories of recipients of the personal data: 

      • service/programmes/ systems providers who support the Law Office’s activity such as: external accounting office, server and e-mail box providers,

      • attorneys at law/advocates cooperating with the Law Office,

      • if necessary because of a specificity of given legal service/litigation proceeding/mediation – other persons/entities, especially different legal professionals, e.g. courts, notaries, mediators, bailiffs,

      • banks or payment operators, when it is necessary for money transfer between us,

      • other recipients entitled to receive the data in accordance with domestic law (e.g. tax authorities),

Law Office do not transfer your personal data to third countries (which means outside European Economic Area), unless the transfer is necessary for the establishment, exercise or defence of legal claims, for the performance of a contract between you and the Law Office or for the implementation of pre-contractual measures taken at your request or you have explicitly consented to the transfer, after having been informed of the possible risks of such a transfer

7. Processing of your personal data is not based on automated decision-making (neither profiling).

8. Personal data are stored by the Law Office for following periods:

      • data processed in connection with practicing the profession of attorney at law (including especially those ones that are stored in the cases’s files) – in compliance with the Polish Act on Attorneys at law – for 10 years from the end of year in which a given legal case/proceeding has been completed (ended),

      • data connected with mediation conducted or contained in documents connected with the performance of other contracts concluded by the Law Office – for the legal claims limitation period,

      • accounting documents – for the taxpayer’s liability limitation period,

      • for longer periods – only for compliance with a legal obligation to which Law Office as Controller is subject, or if the Law Office is entitled to do so under legal provisions in force.

9. Under the GDPR, you have the right to the information about your personal data processing (it is provided in the Policy), but also right to access to your personal data, their rectification, erasure, right of restriction of processing, the right to data portability and to object to personal data processing.

However, please note that under the Polish Act on Attorneys at law, as for data processed by the Law Office in connection with practicing of my profession, the right to object to processing does not apply; also provisions regarding your right to access to your personal data processed by the Law Office, right to restriction of the processing and the Controller’s obligation to notify rectification, erasure of such personal data or restriction of its processing to data recipients, shall be followed only to the extent that it is not contrary to the professional secrecy.

Also as for mediation proceedings, the provisions regarding rights under the GDPR shall be followed only to the extent that it is not contrary to the mediation’s confidentiality – according to the Polish Civil Procedure Code, mediator is required to maintain the secrecy of facts to which he or she became privy in the course of conducting mediation, unless parties of the mediation proceedings release mediator from this obligation.

In order to exercise your rights connected with personal data processing please contact the Law Office.

You have also the right to lodge a complaint with a supervisory authority (in Poland: Prezes Urzędu Ochrony Danych Osobowych), if the processing of personal data infringes the GDPR.

COOKIES  POLICY

1. On the Law Office’s website (the Website) files/small pieces of text called cookies are used.

Website does not mean our professional accounts and profiles in social/professional media, which operate on the basis of their own privacy and cookies policies.

2. The Website does not collect by automated means any information except for information contained in cookies. Cookies help to analyse users’ activity on the Website.

3. Cookies are small pieces of data (text files) sent from the Website and stored on the user’s computer by the user’s web browser/a computer hard drive, used in order to improve the functionnalities of the Website. Cookies contain mainly a name of the Website, which they are obtained from, their storage time and their unique number.

4. The Law Office uses and stores cookies as the operator of the Website in a way explained below.

5. Cookies are used by the Website:

    • to optimise Website’s content and structure to best suit individual preferences of users, and to recognise users’ devices to display Website in a proper way and well adapted to those preferences,

    • for anonymous statistics which help to analyse users’ activity on websites and their preferences to prepare better structure and content.

6. There are two basic types of cookies: session cookies and persistent (tracking cookies). Session cookies are disapearing as soon as a user leaves the Website (logs out/turns of the software or web browser), whereas persistent cookies are stored on the user’s computer until they expire or until the user deletes them.

7. The Website can use such cookies as:

      • strictly necessary cookies” which are essencial to navigate around the Website and which enable to use its feautres and services availabe (e.g. of those that require user’s authentication, verification);

      • performance cookies” used to generate anonymous information about how users use the Website and its features – to improve your user experience;

      • functionality cookies”, allowing you to customize how the Website’s looks for you and to provide more personal services, by remembering some settings and storing your user preferences.

8. Most browsers are initially set to accept cookies. User may change the browser settings at any time to block the cookies, he or she can also, on a current basis, obtain information on cookies located in user’s device. For more information we recommend visiting your browser and consulting its settings.

9. The change of the browser settings and disabling cookies may affect the Websites’ functioning.

10. The Website may contain, when relevant and for users’ information, links and references to other sites but has no responsability for their content and their privacy policies.

11. For more information about cookies please consult “Help” option on the toolbar of your browser.

GDPR – text of the legal act