Personal data processing policy

In the following we want to explain to you by whom your personal data is processed and for what purposes, as well as your rights and obligations.

Please refer also to the Terms and Conditions where the use of the website is detailed.

1. Person responsible for processing your personal data

Manolache, Lincaru & Asociatii SCA, with registered office at 2B Barbu Delavrancea Street, Bl. 33D, sc. A, et. 9, ap. 40, room 8, sector 1, Bucharest, having sole registration code 48341916, and, where applicable, together with other independent lawyers (other forms of professional practice with which we collaborate in providing services) (“the Controller” “we”) has/have the obligation, according to the law, to process and protect your personal data in relation to you.

2. Categories of personal data processed

1. The personal data we process may include: contact information, such as your name, job title, postal address, including home address, if you have communicated it to us, business address, telephone number, mobile phone number, and e-mail address;
2. Additional information processed in the context of a contractual relationship with us or voluntarily communicated by you, such as identity document, instructions given, payments made, information on any legal matters, disputes, litigation or other court actions in which you are involved in any capacity (defendant, plaintiff, intervener, counsel for the parties, consultant, expert, etc.), date of birth, personal number code, video recordings, photographs;
3. In the context of the services provided we may also collect and process special categories of personal data, such as: data relating to trade union membership, health data, data relating to your political opinions, data relating to criminal convictions and offences;
4. Data resulting from your browsing on our website collected through cookies and similar technologies, in accordance with the Cookie Policy.

3. 3. Legal grounds for processing personal data

Any processing of your personal data will be carried out on the basis of one of the following legal grounds:

1. the conclusion or performance of a contract to which you are a party. Please note that we cannot accept you as a customer if you do not provide us with the necessary data;
2. compliance with a legal obligation of the controller;
3. the legitimate interest of the controller or a third party (e.g. where the processing is necessary for the performance of a contract to which your organisation is a party), except where your interests or fundamental rights and freedoms override such interests;
4. your consent;

In the case of special categories of data, processing will be carried out if, in addition to a general legal basis for processing the data, one of the following specific processing conditions is met:

• We have a legal obligation to process these categories of data;
• The processing is necessary for the establishment, exercise or defence of legal claims;
• There is a legitimate interest for the processing of those data;
• Consent of the data subject has been obtained;

4. 4. For what purposes do we process your personal data?

We may use your personal data for the following purposes (“Permitted Purposes”):

1. Fulfilling contractual obligations
   1. Providing legal, tax or insolvency services, including legal representation before courts, arbitral tribunals or other competent authorities;
   2. Managing and administering the contractual relationship with our clients and suppliers;
2. Compliance with legal provisions
   1. Compliance with our legal obligations (such as anti-money laundering and anti-terrorist financing obligations, reporting obligations to tax authorities) – art. 6 para. (1) lit. c) GDPR;
   2. Management of the use of IT systems used by the controller (e.g. website, data management platforms, communication systems used, keeping of supporting documents), including prevention and detection of security threats, fraud or other unauthorised or malicious activities – Art. 6 para. (1) lit. c) GDPR;
   3. For the purposes of complying with court orders and exercising and/or defending our rights and interests – Art. 6 para. (1) lit. c) GDPR;
3. Management of our activity
   1. The processing is necessary for the proper and efficient management of our activity e.g. costs, maintenance of the database on our contractual partners having a legitimate interest – Art 6 para. (1) lit. f) GDPR;
   2. Analysing and improving our services and communications to you, including (as we have a legitimate interest to continuously improve our services) conducting customer surveys on the level of customer satisfaction with the controllers’ services — Art 6 para. (1) lit. f) GDPR
   3. Based on your consent, we may send you various communications through the channels you have approved to keep you informed of the latest legal developments, announcements and other information about the controllers’ services, products, events and projects, references or other information materials – Art. 6 para. 1 lit. a) GDPR.
   4. Also on the basis of your consent, we process your personal data in order to offer you a position within the Controller following the recruitment actions we organize – Art. 6 para. 1 lit. a) GDPR.

• Disclosure of your data

We may disclose your personal data to other lawyers (including other forms of practice with whom we collaborate in the provision of services) and legal specialists (including mediators, industrial property advisors), consultants or experts involved in the cases we manage and the services we provide, courts or arbitration, as well as other public authorities, entities indicated by you, parties involved in your case (which party may be our client or a third party involved), or other entities in the context of providing the Controller’s services (such as: insurance providers, cloud service providers, telephony, accounting, email, etc.).

6. Transfer of your personal data abroad

We may transfer your personal data to countries that are part of the European Economic Area or to countries that have been recognized by the European Commission as ensuring an adequate level of protection of personal data, if such transfer is necessary for processing in accordance with the Permitted Purposes described above.

We will ensure that such international transfers are made subject to adequate safeguards as required by the General Data Protection Regulation (EU) 2016/679 or other applicable law. You may contact us at any time, using the contact details below, if you would like further information about these safeguards.

7. Updating your personal data

If any of the personal data you have provided to us changes, for example if you change your first name, last name or e-mail address or if you wish to cancel any request made to us, or if you become aware that we hold any incorrect personal data about you, please contact us by e-mail at: privacy@mlegalpartners.com.

We will not be liable for any loss arising from incorrect, unauthentic, insufficient or incomplete personal data you provide to us.

8. How long do we keep your personal data?

The controller has implemented technical and organizational measures to organize the process and specific criteria for the retention of your personal data (including according to our archiving procedures).

We will cease processing personal data when it is no longer reasonably necessary for the Permitted Purposes, or when you withdraw your consent (if applicable) and (i) there are no longer compelling legitimate grounds justifying further processing by the controller (including the controller’s legal obligation to continue to store that data) that override your interests, rights and freedoms or (ii) if it is no longer necessary for us to establish, exercise or defend a legal claim.

Thus, we will keep your data for the entire duration of the contract plus an additional period of 5 years, starting from the year following the calendar year in which we have completed the provision of our services, necessary to ensure that we can defend and exercise our rights in court, if applicable, unless another legal term for processing personal data is provided.

9. Your rights in relation to the processing of personal data

Subject to certain legal conditions, you have the following rights in relation to the processing of your personal data:

1. The right to be informed and access to a copy of the personal data we hold about you;
2. The right to rectify any inaccurate or incomplete personal data;
3. The right to erasure of data (“right to be forgotten”);
4. The right to restriction of processing;
5. The right to data portability which allows you to receive a copy of the data in electronic format processed and which we have received from you or to transmit them to another entity indicated by you;
6. The right to oppose to or restrict our use of your personal data.

If you decide to exercise the above rights, please contact us using the following contact details:

Barbu Delavrancea Street no. 2B, Bl. 33D, sc. A, et 9, ap. 40, sector 1, Bucuresti, Romania

E-mail: privacy@mlegalpartners.com

With regard to marketing communications received from us, you may also withdraw your consent at any time by simply clicking on the “unsubscribe” link at the bottom of each e-mail message received from us.

In order to comply with our legal obligations of data security and confidentiality, when you exercise one of your rights as a data subject, we may ask you to prove your identity by providing us with a copy of an identification document or any other information necessary to verify that the request is from the relevant data subject.

We will consider any requests or complaints that we receive and will provide you with a response in accordance with the deadlines provided by law. If you are not satisfied with our response or if you consider that the processing is done in breach of the applicable law, you may lodge a complaint with the data supervisory authority in Romania: Autoritatea Nationala de Supraveghere a Prelucrarii Datilor cu Caracter Personal – located at Bd. Gheorghe Magheru nr. 28-30, Bucharest, Romania.

10. Cookie Policy

Cookies are small text files that can be used by websites to make the user experience more efficient.

Legislation provides that we may store cookies on your device if they are strictly necessary for the operation of this website. For all other types of cookies we need your permission.

This website uses different types of cookies, which can be classified into essential cookies or optional cookies, as follows:

Essential cookies

These cookies are necessary for the website to function and cannot be disabled in our systems. They are usually only set in response to actions you take that amount to a request for service, such as setting your privacy preferences, logging in or filling out forms. You can set your browser to block or warn you about these cookies, but some parts of the site will not work. These cookies do not store any personally identifiable information.

The legal basis is our legitimate interest: Art. 6 para. 1 lit. f of the GDPR.

Optional cookies

These cookies help us to improve our website, optimize the user experience, analyze user behavior and personalize marketing activities.

The legal basis is your consent, given in the cookie banner on our website. You can revoke your consent at any time, with effect from revocation: Art. 6 para. 1 lit. a of the GDPR.

Optional cookie: Google Analytics

The Website uses Google Analytics provided by Google Ireland Limited, registration number: 368047, Gordon House, Barrow Street, Dublin 4, Ireland (“Google”), which enables us to analyze the use of the Website.

For more information about our terms of use with Google, as well as Google’s privacy policy and privacy measures, please visit the following link: https://marketingplatform.google.com/about/analytics/terms/gb/

The cookies used by Google Analytics are only set after you have given your consent. To disable Google Analytics, you can also use the following link: https://tools.google.com/dlpage/gaoptout/

Your browser’s cookie settings

In addition to being able to revoke your consent to the use of optional cookies, you can generally prevent the use of cookies by enabling the appropriate option on your browser to generally prevent the storage of cookies or by deleting cookies stored on your device or by your browser. For more information on cookie settings in specific browsers, please visit the following websites:

Please note that you may not be able to use all the features of the website or that the website may not function properly if you delete cookies or disable the cookie function in your browser (e.g. the cookie banner may reappear).

11. Updates to this personal data processing policy

We reserve the right to periodically update and amend this Personal Data Processing Policy to reflect any changes in the way we process your personal data or any changes in legal requirements. In the event of any such changes, we will post the amended version of the Personal Data Processing Policy on our website and/or otherwise make it available to you.