Privacy Policy KLAMKA LEGAL
1. General provisions
The purpose of this Privacy Policy is to describe in detail how KLAMKA LEGAL obtains, collects and uses information provided by the Users of the klamkalegal website, including personal data.
The entity operating the website is: KLAMKA LEGAL Law Office of Legal Counsel Piotr Klamka, address: Za Łąkami 3/86, 02-798 Warsaw, NIP/TIN: 1251518692
(“Law Firm“).
2. Data protection
The law firm acquires personal data via the website in accordance with the relevant regulations issued pursuant to 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) (Official Journal of the EU L 119, 04/05/2016, pp. 1-88) (hereinafter: „RODO”).
The law firm is committed to protecting the rights and freedoms of persons who have provided personal data. The use of the website to a basic extent is not dependent on the provision of personal data to the Law Firm. Any transfer of personal data to the Law Firm is voluntary; nevertheless, the use of certain functionalities of the klamkalegal website requires providing some personal data in the scope in which it is necessary for the proper and effective provision of services by the Law Firm. The Law Firm makes every effort to keep the User’s personal data confidential by implementing solutions to ensure that the Users’ personal data is kept secure, intact and confidential.
Nevertheless, the User should be aware that the use of the Internet does not guarantee absolute security or inviolability of personal data transmitted over the Internet.
3. Data controller
As soon as you submit your personal data on the klamkalegal website, the law firm becomes the controller within the meaning of the RODO.
We grant access to Users’ personal data only to those employees or partners and associates whose knowledge is necessary to provide support in the execution of Users’ orders concerning the services offered by the Firm.
The firm has implemented procedures for the safeguarding and use of personal data.
4. Scope and purpose of personal data collection
A. Purpose: Contact with the user
In a situation where a User decides to fill in the contact form located on the klamkalegal website and for the Law Firm to provide the service of contacting that User, the Law Firm will require certain information. This information may include the following personal information: name, telephone number and IP address. The Law Firm may also require further information in order to improve the services provided. The information is only obtained from Users through forms, as well as through other information provided by Users in the course of using the klamkalegal website.
Legal basis:
Article 6(1)(b) RODO – information necessary for the provision of services or to take action at the request of the data subject prior to entering into a contract.
B. Purpose: Statistical information related to the functionality of the klamkalegal service
In order to improve the functioning of the website, the Law Firm processes data on Users on the website, in particular data on pages visited, frequency and duration of stay on the website and actions taken.
Legal basis:
Article 6(1)(f) RODO – information justifying the Law Firm’s legal interest in facilitating the provision of electronic services and improving the functionality of the website.
5. Sharing of personal data
The Law Firm may share Users’ personal data with cooperating entities. The cooperating entity may be an entity related to the Law Firm as well as a completely independent one. The transfer of data may take place only in order to properly perform the services provided by the Law Firm. For example, entities which may have access to Users’ personal data are cooperating law firms, including attorneys-at-law and attorneys-at-law cooperating under agreements with the Law Firm, companies providing IT and ICT solutions.
The provision of services by the Firm to Users may require the transfer of personal data to other entities providing services to the Firm, including entities based outside the European Economic Area.
In such a situation, the Law Firm shall protect the interests of its Users by adding appropriate contractual clauses, adopted by the European Commission, in its contracts with such entities. The Law Firm shall make the Users’ personal data available when, on the basis of the applicable legal provisions and within the scope provided for by these provisions, they are requested by public administration authorities, courts, bailiffs or law enforcement agencies. However, this data is only made available on the condition that it does not in any way violate professional secrecy.
6. Processing times for personal data
The Law Firm shall keep the Users’ data for the duration of the provision of services to them. After the termination of the Agreement, the Law Firm shall keep the Users’ data for a period of 6 years from the expiry of the contractual relationship for the purpose of handling complaints and claims and other potential claims made by the Users. The data of Users and other persons may be stored by the Law Firm for a period of time corresponding to the life cycle of the cookies stored on their devices.
The data provided on the contact form, in the event of non-cooperation with the Firm, shall be deleted within 1 month of the cessation of contact with the data subject.
7. Users’ rights.
I. Right to object to the use of data
Pursuant to Article 21 RODO, the data subject has the right to object at any time – on grounds relating to his or her particular situation – to the processing of personal data concerning him or her based on Article 6(1)(e) or (f), including profiling on the basis of these provisions. The law firm shall no longer be permitted to process such personal data unless it demonstrates the existence of compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or grounds for the establishment, assertion or defence of claims. If personal data are processed for the purposes of direct marketing, the data subject shall have the right to object at any time to the processing of personal data concerning him or her for such marketing, including profiling, to the extent that the processing is related to such direct marketing.
II. Right to restrict data processing
In accordance with Art. 18 RODO the data subject has the right to request the Law Firm to restrict processing in the following cases : the data subject questions the correctness of the personal data – for a period of time allowing the Law Firm to verify the correctness of the data; the processing is unlawful and the data subject objects to the erasure of the personal data, requesting instead the restriction of its use; the Law Firm no longer needs the personal data for the purposes of the processing, but the data are needed by the data subject to establish, assert or defend claims; the data subject has raised an objection under Art. 21(1) RODO against the processing – until it is determined whether the law firm’s legitimate grounds override the data subject’s grounds for objection.
III. Right of access, rectification and deletion of information
Pursuant to Article 15 of the DPA, the data subject is entitled to obtain from the law firm confirmation as to whether personal data concerning him or her are being processed and, if so, he or she is entitled to obtain access to them and to the information indicated in this provision, which includes, inter alia, information on the purposes of the processing, the categories of personal data being processed, the intended period of data retention or the criteria for determining that period.
Article 16 of the DPA provides that the data subject has the right to request from the Law Firm the immediate rectification of personal data concerning him or her which is inaccurate. Having regard to the purposes of the processing, the data subject has the right to request the completion of incomplete personal data, including by providing an additional statement.
Pursuant to Article 17 of the RODO, the data subject has the right to request that the law firm immediately erase the personal data concerning him or her, and the law firm is obliged to erase the personal data without undue delay if one of the circumstances indicated in this provision occurs, inter alia when the personal data are no longer necessary for the purposes for which they were collected or otherwise processed.
IV. Right to data portability
Pursuant to Article 20 of the DPA, the data subject has the right to receive his or her personal data, which he or she has provided to the Firm, and then send it to another personal data controller of his or her choice.
a) The right to withdraw consent where the Firm will process personal data based on consent. Consent may be withdrawn at any time and by any means, but withdrawal of consent does not affect the lawfulness of the processing that was carried out on the basis of consent before its withdrawal.
b) The right not to be subject to a decision which is based solely on automated processing, including profiling, and produces legal effects or similarly significantly affects the data subject.
Pursuant to Article 22 RODO, the data subject has the right not to be subject to a decision which is based solely on automated processing, including profiling, and which produces legal effects concerning the data subject or significantly affects him or her in a similar manner. This does not apply if the decision: (a) is necessary for the conclusion or performance of a contract between the data subject and the controller; (b) is authorised by Union law or by the law of a Member State to which the controller is subject and which provides for suitable measures to protect the rights, freedoms and legitimate interests of the data subject; or (c) is based on the data subject’s explicit consent.
V. The right to lodge a complaint with the President of the Data Protection Authority if the processing of personal data violates the provisions of the Regulation.
Any requests regarding the rules for obtaining and storing personal data should be sent to: office@klamkalegal.pl. In the requests made, the User should indicate his or her identity in a way that allows the Law Firm to identify the User.
8. Cookies
The law firm uses cookies to collect information. Cookies are small data files, in particular text files, which are stored on the website user’s terminal device (hard drive) and are intended for the use of the website. Cookies usually contain the name of the website they come from, the time they are stored on the end device and a unique number.
The law firm uses cookies for the following purposes:
a) Providing the user with a more convenient and efficient use of the klamkalegal service
b) Adaptation of the content of the website to the User’s preferences and optimisation of the use of the website
c) Cookies also make it possible to recognise the device used by the user and to display the content of the website in a manner adapted to the device and the user’s needs.
d) Research into the activity of the portal’s Users – data in this respect is collected in anonymised form in the form of aggregated statistics. This data allows the Law Firm to learn how Users use the website and, on this basis, to improve its functionality as well as to obtain information on the sources from which the User accessed the website. Cookies are used by many websites. Each Internet user can choose whether and how cookies will be accepted. Such changes are made in the settings of web browsers.
If the User decides to disable cookies in his/her web browser then access to certain functionalities of the klamkalegal website may not be possible.
The klamkalegal website uses persistent cookies, which are stored on the User’s terminal equipment for the time specified in the parameters of these files, or until they are deleted by the User. By default, web browsers allow the storage of cookies on the terminal equipment of their users. These settings can be changed at any time, also in such a way as to block the automatic handling of these files, or to inform the user each time a cookie is placed on their terminal device.
Detailed information on the possibilities and methods of handling cookies – disabling, blocking and deleting them – is available in the software settings of the respective web browsers.
By not changing the settings of your web browsers, you consent to the storage of cookies on your terminal equipment. More information on cookies is available at: www.wszystkoociasteczkach.pl, www.aboutcookies.org or under the „Help” tab in the menu of most web browsers.
This Privacy Policy only applies to the use of cookies operating on the klamkalegal website and does not apply to the use of cookies by other websites.
9. Links to other websites
With a view to the convenience of users of the klamkalegal service, links (links) to other websites may be provided on the service. The law firm does not review the content of these sites, does not control or monitor the privacy policy practices available on these sites. The Law Firm is not responsible for the actions of sites and services operated by third parties. The Law Firm encourages Users to familiarise themselves with the content of privacy policies placed on the websites of entities partnering and cooperating with the Law Firm, in particular if the User’s personal data is collected through them.
10. Final provisions
The Firm reserves the right to amend this Policy at any time. Changes are made by posting the new content of the Privacy Policy on the website and are effective from the moment of their publication.
The use of the service is tantamount to acceptance of the content of this Policy. Where a user has not agreed to the content of this Policy, the Firm will not provide services to such users and the user or other person should cease using the site.
Any disputes relating to this Policy that are not resolved amicably will be dealt with by the courts of competent jurisdiction.