Personal Data Protection Rules

Dear clients,

We would like to hereby inform you of the principles and procedures in the processing of personal data, being conducted in accordance with the 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 (hereinafter the "GDPR").

We process your personal data within the scope of our business activities, which consist mainly in the provision of legal services and legal help, including organization of professional seminars. Safety of your personal data is our priority.


BASIC INFORMATION

Controller's identification and contact information: Šetina, Komendová & Partners s.r.o., advokátní kancelář, identification number 06204872, with its registered office at Purkyňova 649/127, Medlánky, 612 00 Brno, incorporated in the Companies Register kept by the Regional Court in Brno, Section C, Insert 100699 (hereinafter also as "AKSKP"), contact e-mail: office@akskp.cz, tel.: +420 775 013 212.

Data protection officer: We did not appoint a data protection officer, since we are not an obligated person within the meaning of Art. 37 of the GDPR.

Transfer of personal data to a third country or an international organization: We do not transfer personal data into third countries or to international organization within the meaning of Art. 44 and following of the GDPR.

Automated individual decision-making: We do not conduct automated individual decision-making or profiling within the meaning of Art. 22 of the GDPR.

Supervisory authority: The supervisory authority is an independent public authority entitled to personal data protection in the state. The supervisory authority forAKSKP is Úřad pro ochranu osobních údajů with its office at Pplk. Sochora 27, 170 00 Praha 7, e-mail: posta@uoou.cz, tel.: +420 234 665 125.


PURPOSE AND SCOPE OF PROCESSING

For the purpose of fulfilling an agreement (agreement on the provision of legal services) or fulfilling legal obligations (within the meaning of accounting, tax, advocacy etc. legislation), we process particularly: name, surname, contact address, e-mail, phone number and other transaction data, identification number, VAT number, date of birth, national identification number and other categories of personal data related to specific services provided (particularly personal data of your employees, business partners or subjects, against whom you have claims or who have claims against you).

For the purpose of our legitimate interests (client identification within the meaning of statute no. 85/1996 Sb., on Advocacy and statute no. 253/2008 Sb., on Certain Measures Against the Legalization of Proceeds from Crime etc.) we process particularly: name, surname, contact address, e-mail, phone number, bank account number and other transaction data, identification number, VAT number.

If we intend to process other personal data than as stated in this article, or for other purposes, we can do so only on the basis of a validly granted consent to the processing of personal data. Consent to the processing of personal data is granted by the data subject in a separate document.

Processing of personal data of our employees and cooperating lawyers is governed by an internal regulation.


DURATION OF DATA PROCESSING

We process personal data for the duration of time necessary in order to exercise all rights and obligations arising from a specific contractual relationship and subsequently for a period of time in which we are obliged to keep personal data as a personal data controller in accordance with relevant legislation.

In other cases, the duration of data processing follows the purpose of processing and must be reasonable in relation with such purpose.

If it is necessary to use the personal data for the protection of our legitimate interests, we processes these for the duration of time necessary in order to exercise such rights.


RECIPIENTS OF PERSONAL DATA

We do not transfer personal data to any other controllers.

We may disclose personal data processed in order to fulfil an obligation set out in a special law to government authorities to other entities within the scope as set out in a special law.

We use following processors of personal data:

Area of cooperation - Name of the processor

  • advocacy system SingleCase - Single Case, s.r.o., identification number 02894815, with its registered office at Národní 973/41, Staré Město, 110 00 Praha 1
  • accounting services - Ing. Petr Dvořák, MPA, identification number 64505090, with his registered office at 1. května 717, 665 01, Rosice
  • IT services- System4u a. s., identification number 26945231, with its registered office at Lidická 1879/48, Černá Pole, 602 00 Brno

Processing of personal data may be conducted for AKSKP by processors exclusively on the basis of a personal data processing agreement, i.e. with guarantees of the organizational and technical security of such data with a definition of the purpose of processing, whereby processors cannot use the data for other purposes.


RIGHTS OF DATA SUBJECTS

As a data subject you have:

The right to access to personal data: The data subject has the right to obtain a confirmation from AKSKP as to whether personal data pertaining to the data subject are or are not being processed, and if so, the data subject has the right to obtain access to such personal data and to the following information: a) the purpose of processing; b) the category of affected personal data; c) the recipients to which personal data have been or will be disclosed; d) the planned time period for which personal data will be stored; e) the existence of the right to require the correction or erasure of personal data from the controller or a restriction of the processing thereof, or to raise an objection to such processing; f) the right to lodge a complaint with supervisory authority; g) all available information on the source of the personal data, if they are not obtained from the data subject; h) the fact that automated decision-making is occurring, including profiling. The data subject also has the right to obtain a copy of the personal data being processed.

The right to the correction of personal data: The data subject has the right to the correction of inaccurate personal data pertaining to the data subject or to the supplementation of incomplete personal data without undue delay by AKSKP.

The right to the erasure of personal data: The data subject has the right to erasure of the data subject's personal data pertaining to him/her by AKSKP without undue delay, in the event that: a) the personal data are no longer necessary for the purposes for which they were collected or otherwise processed; b) the data subject withdraws the consent on the basis of which the data were processed, and there is no other legal reason for processing; c) the data subject raises objections to processing and there are no overriding legitimate reasons for processing; d) the personal data were processed unlawfully; e) the personal data must be erased in order to fulfil a legal obligation set out within the law of the Union or of the Czech Republic; f) the personal data were collected in connection with an offer of information society services. The right to erasure shall not apply if the processing is necessary in order to fulfil legal obligations, for the establishment, exercise or defense of legal claims, and in other cases as set out within the GDPR.

The right to the restriction of processing: The data subject has the right to the restriction of processing personal data by AKSKP in any of the following cases: a) the data subject contests the accuracy of the personal data, for the time necessary for AKSKP to verify the accuracy of the personal data; b) processing is unlawful and the data subject opposes the erasure of the personal data and, instead, requests a restriction of their use; c) AKSKP no longer needs the personal data for the purposes of processing, but the data subject requires them for the establishment, exercise or defense of legal claims; d) the data subject has raised an objection to processing, until it is verified whether AKSKP's legitimate reasons override the legitimate reasons of the data subject.

The right to object to processing: The data subject has, on grounds pertaining to the data subject's specific situation, the right to raise an objection at any time to the processing of personal data pertaining to him/her and which AKSKP is processing on grounds of its legitimate interest. In such a case, AKSKP does not process the personal data further, unless it proves serious legitimate reasons for processing that override the interests or rights and freedoms of the data subject, or for the establishment, exercise or defense of legal claims.

The right to data portability: The data subject has the right to obtain personal data pertaining to him/her that the data subject has provided to AKSKP, in a structured, commonly used and machine-readable format, and the right to transfer such data to another controller, without AKSKP preventing it, in the event that: a) processing is based upon consent and b) processing is being conducted by automated means. When exercising his/her right to data portability, the data subject has the right for personal data to be transferred directly by one controller to another controller, if this is technically feasible.

The right to lodge a complaint with a supervisory authority: If the data subject believes that is not processing his/her personal data in a lawful manner, the data subject has the right to lodge a complaint with a supervisory authority. The data subject may lodge the complaint especially in the Member state of his or her habitual residence, place of work or place of the alleged infringement.

The right to information regarding the correction or erasure of personal data or a restriction of processing: AKSKP is obligated to notify individual recipients to whom personal data have been disclosed of all corrections or erasures of personal data or restrictions on processing, with the exception of cases where this is found to be impossible or it requires a disproportionate effort. If the data subject requests it, AKSKP informs the data subject of such recipients.

The right to be informed in the event of a breach of personal data security: If it is likely that a certain case of personal data security breach will result in a high risk to the rights and freedoms of natural persons, AKSKP shall notify the data subject of such breach without undue delay.

The right to withdraw consent to the processing of personal data: If AKSKP processes any personal data on the basis of consent, the data subject has the right to withdraw its consent to the processing of personal data at any time in writing, by sending a non-consent to the processing of personal data to the email addressoffice@akskp.cz.

Please note that due to the specific nature of our company's activities (advocacy) the performance of some of your above-mentioned rights may be severely restricted, especially for cases of processing personal data relating to specific legal cases.


FINAL PROVISIONS

These Personal Data Protection Rules will be updated by AKSKP if necessary. The current updated version of the Personal Data Protection Rules will always be available at the website www.akskp.cz and at the company's registered office.

In Brno on 25 May 2018.