Protection of privacy

PRINCIPLES OF THE PROTECTION OF PRIVACY

ACHOUR & PARTNERS advokátní kancelář, s.r.o., having its registered office at Panská 7, 110 00 Praha 1, Company Number: 28 95 64 60, entered in the Commercial Register maintained at the Metropolitan Court in Prague, file C 155716 (“ACHOUR & PARTNERS” or the “Controller"), is the controller of personal data in accordance with 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) (“GDPR")[1].

ACHOUR & PARTNERS places considerable emphasis on the protection of privacy and of processed personal data in its work. These principles of protection of privacy (“Principles") contain information for, in particular, our clients and other persons whose personal data are processed (“Data Subjects") about the terms and conditions of personal data processing.

These principles apply to personal data processing (i) based on the consent of the Data Subject to the processing of its personal data for a pre-determined purpose, (ii) for the purposes of fulfilling contractual obligations in the execution of the legal profession (the execution of legal services and the provision of advice in the area of law, fulfilling the requirements and instructions of clients, protecting their rights), (iii) performing the contracts which ACHOUR & PARTNERS has in place with business partners, suppliers, or tenants (relationships with suppliers, invoicing, the supply of goods, etc.), (iv) fulfilling legal obligations (for example, statutory obligations in the sphere of accounting and tax, employment relationships, fulfilling obligations laid down by the Act on the Legal Profession and regulations issued by the Czech Bar Association, the Anti Money-laundering Act, accounting and tax regulations, etc., and (v) for the purposes of the legitimate interest of ACHOUR & PARTNERS according to subparagraph 6(1)(f) of GDPR (consisting, for example, of communication between the contracting parties, proving our claims, care for clients, suppliers, optimising the functioning of the website, contact form on the website, etc.).

The nature and scope of personal data processing differs according to whether we are dealing with a business contract, a labour-law matter, escrow with a lawyer, the transfer of real estate or another transaction; in each case we only process those data which are required for the relevant legal service.

ACHOUR & PARTNERS WEBSITE

ACHOUR & PARTNERS processes personal data containing the IP address, operating system, type of browser, and terminal equipment of the user. The website uses Google Tag Manager and Google Analytics

The legal basis for the processing of the specified personal data is the legitimate interest of ACHOUR & PARTNERS with a view to optimising the operation of the website.

COMMUNICATION

ACHOUR & PARTNERS processes the personal data of persons who submit an electronic form, in particular e-mail address, telephone number, and all other data which the submitter enters in an electronic form with a view to communicating with or making contact with ACHOUR & PARTNERS. The legal basis for processing the specified personal data for the defined purpose is the legitimate interest of ACHOUR & PARTNERS arising from subparagraph 6(1)(f) GDPR.

NEWSLETTERS

ACHOUR & PARTNERS may process personal data consisting of first name, surname, e-mail address, and telephone number with a view to sending out newsletters or other commercial communications.

Consent given by the Data Subject is the legal basis for personal data processing. Consent may be withdrawn at any time by sending an e-mail or a letter to the ACHOUR & PARTNERS contact address.

CAREER

ACHOUR & PARTNERS processes the personal data of candidates for employment, in particular first name and surname, date of birth, address of place of residence, e-mail address, telephone number, photograph, information about qualifications and education, and other data to concern the candidate for employment presented in the CV or cover letter sent.

The purpose and legal basis of processing the specified personal data is the selection of a suitable candidate to occupy the announced employment position and, where appropriate, contacting the candidates, according to subparagraph 6(1)(f) GDPR (negotiations before entering into an employment contract and the legitimate interests of ACHOUR & PARTNERS).

ACHOUR & PARTNERS will process your personal data until the end of selection procedure and until the trial period for the selected candidate has passed.

PERFORMANCE OF A CONTRACT

ACHOUR & PARTNERS processes personal data consisting of first name, surname, Personal Number, date of birth, contract address, e-mail address, telephone number, Company Number, Taxpayer Identification Number, bank account number, and other personal data required to perform a contract.

The nature and scope of personal data differs according to whether the contract is a contract on the provision of legal services, a business contract, a labour-law matter, a contract on escrow with a lawyer, the transfer of real estate, a divorce and proceedings on care and maintenance; in each case we only process those data that are required for the relevant legal service.

Personal data are processed with a view to performing a contract for the entire duration of the contract and for a further 10 years following its expiration.

LEGAL OBLIGATION

ACHOUR & PARTNERS may also process personal data consisting of first name, surname, Personal Number, date of birth, contact address, e-mail address, telephone number, Company Number, Taxpayer Identification Number, bank account number, and other personal data required to fulfil legal obligations (in particular in relation to the Czech Bar Association and public authorities).

Legal obligation, according to paragraph 6(1) GDPR, is the legal basis of personal data processing to this end.

THIRD PARTIES

When providing legal services, ACHOUR & PARTNERS also processes the personal data of persons that are not clients and against whom the lawyer must defend the rights of his/her client. These are generally persons with whom the client negotiates on entering into a contract or is conducting a dispute, or the representatives of such persons.

Processing the personal data of persons that are not current or former clients of ACHOUR & PARTNERS is necessary for the legitimate interests of the clients of ACHOUR & PARTNERS, specifically making or defending claims, or rights and interests. The scope of personal data processing differs according to the circumstances of the case.

PERIOD OF RETENTION

The personal data processed based on consent are retained until consent is withdrawn, although not longer than for the period specified in consent. Personal data are thereafter destroyed.

In other cases, the period of retention for personal data differs depending on the legal basis of processing. In general, we retain personal data throughout the duration of cooperation based on a contractual relationship, for the duration of a legal obligation, for the duration of the relationship of an employee, appointed representative of the governing body, contact person, or beneficiary. Once this period has passed, we retain personal data for the time set out by legal regulations or for a time which is compatible with our legitimate interests and required to make any claims.

RECIPIENTS OR PROCESSORS OF PERSONAL DATA

If we share your personal data with another subject, we make sure that the protection of your personal data is secured. Our law office is bound by the obligation of confidentiality by law. ACHOUR & PARTNERS may pass on individual pieces of information, personal data included, to the following subjects, whilst respecting and observing the obligation of confidentiality:

processors (cooperating lawyers, the providers of IT services and applications, the providers of accounting or tax or other consultancy services); and
public authorities and other persons if this is required (i) for the provision of legal services, (ii) for the successful making of claims or defence of the rights and legitimate interests of ACHOUR & PARTNERS, and (iii) to fulfil obligations imposed by legal regulations.

THE TRANSFER OF PERSONAL DATA TO THIRD COUNTRIES

ACHOUR & PARTNERS does not transfer personal data to third countries outside the European Union or to international organisations. If we use cloud storage sites, these are located within the European Union, and therefore the level of protection required by valid legal regulation is ensured.

THE RIGHTS OF DATA SUBJECTS

Data Subjects may exercise the following rights:

the right of access to personal data to concern the Data Subject (according to Article 15 GDPR);
the right of rectification or supplementation of personal data (according to Article 16 GDPR);
the right of erasure of all or some personal data if (i) the personal data are no longer required for the purposes for which they were collected or otherwise processed, (ii) the Data Subject withdraws consent and there is no other legal basis for their processing, (iii) the personal data have been processed unlawfully, (iv) justified non-consent is expressed (objections brought) to processing (according to Article 17 GDPR);
the right of restriction of processing[2] (according to Article 17 GDPR);
the right to raise an objection to processing (according to paragraph 21(1) GDPR);
the right of portability of personal data (according to Article 20 GDPR); and
withdrawal of given consent[3] (according to Article 7 GDPR).

The exercise of certain rights is limited for certain subjects (in particular the counterparties to our clients) in light of the lawyer’s obligation of confidentiality.

You may exercise your rights in relation to personal data with the Controller by using the specified contact details.

If you have any questions, remarks, or requests to concern these Principles or with a view to exercising the rights of a Data Subject, you can contact ACHOUR & PARTNERS by e-mail at: office@achourpartners.com.

We recommend contacting Úřad pro ochranu osobních údajů (Office for Personal Data Protection) for additional information about the rights and obligations associated with personal data processing (www.uoou.cz).

[1] The Controller has not appointed a Data Protection Officer.
[2] This right does not concern personal data processing based on the statutory obligations of ACHOUR & PARTNERS.
[3] Withdrawal of consent does not affect the legitimacy of processing which is based on another legal ground.