Datenschutzerklärung

Should you require any clarification regarding the information provided below, please do not hesitate to contact us either by phone: +420 224 810 090 or by e-mail: info@radapartner.cz.

Law Office as personal data controller

A personal data controller is an entity that, either itself or together with other entities, determines the purpose and means of personal data processing. Within the provision of legal services, our Law Office is in the position of controller of the personal data it collects and handles, and is responsible for their proper and safe processing. We also have the position of controller of job applicants’ personal data processed for the purposes of selecting a suitable candidate and entering into an employment relationship.

Personal data are not subject to automated decision-making or profiling within our activities.

For more details on personal data processing relevant for you, please select the relevant option:

• personal data processing within the provision of legal services (especially clients of our Law Office);
• processing of the job applicants’ data within a recruitment procedure;
• personal data processing through the website

For information on your rights related to personal data processing, please click here.

Provision of legal services

If your personal data are processed for the purpose of performing the legal profession, i.e. the provision of legal services by our Law Office, the information below applies to you (especially clients, future clients and, where applicable, third parties).

Clients’ personal data processed by us

We process only personal data necessary for the proper provision of legal services and to ensure compliance with our statutory duties. We therefore collect personal data of our clients, potential clients and third parties (e.g. counterparties) to ensure a high quality of the services provided to our clients.

In particular, our Law Office processes the following personal data of its clients (or potential clients):

• Address and identification details of the clients
• Details on the clients

We may also process personal data of third parties (submitted by the clients or obtained within the provision of our legal services).

In the provision of our legal services, we may also process special categories of personal data (of the clients or third parties) such as data on health, for instance, in the case of legal counselling concerning healthcare or labour law, or personal data regarding criminal convictions and criminal offences, if such processing is necessary and appropriate for the provision of legal services.

Purpose and legal basis for the processing of the clients’ personal data

We process personal data for the purpose of providing proper legal services and, where appropriate, with a view to sending commercial communications on our services to our clients. The legal basis for personal data processing is as follows:

Performance of a contract or implementation of measures adopted prior to the execution of a contract at the client’s request

We process personal data on the basis of a contract – a mutual legal services agreement. Personal data obtained from you or within the performance of the agreement are processed only to the extent necessary for the proper provision of our legal services.

Compliance with statutory duties

Based on our statutory duties, we process personal data in the provision of legal services especially in the following cases:

• if an attorney-at-law of our Law Office is appointed as defence counsel in criminal proceedings or otherwise appointed by a court ex officio, or in case of appointment of our attorney-at-law by the Czech Bar Association (within free legal aid) in accordance with the applicable legal regulations;
• if there is a duty to identify or check a client or another person pursuant to Act No. 253/2008 Coll., on certain measures against legalising the proceeds of crime;
• when a declaration is made on authenticity of a signature or when keeping the client’s documents or file (including the minimum period of retention of documents), or within the performance of other duties of an attorney-at-law pursuant to Act No. 85/1996 Coll., on the legal profession and related professional regulations;
• with respect to the requisites of accounting for legal services and the minimum period of retention of the relevant accounting documents/tax receipts pursuant to the tax laws and the Accounting Act.

Processing on the basis of a legitimate interest

If you are our client and you have not refused commercial communications providing information about the services of our Law Office, we may process your e-mail address, name and surname for the purpose of sending newsletters, offers of services and service packages of our Law Office and other commercial communications. This type of processing is based on our legitimate interest in informing you about latest news in the legal profession and offering you our services based on existing or intended co-operation.

If you do not wish to receive such commercial communications, it is possible to refuse them at any time via e-mail sent to info@radapartner.cz

A legitimate interest in personal data processing may also serve as the legal basis for maintaining client files and other documents related to the legal services provided if our Law Office needs these personal data even after the provision of the legal services has ended and, if appropriate, after expiry of the retention period stipulated by the relevant professional or legal regulations. In that case, our legitimate interest is the interest in exercising our rights (or the rights and interests of the executive directors, shareholders, associate attorneys-at-law or employees), or the client’s interest in exercising his/her rights, especially in court (arbitration), administrative or disciplinary proceedings, in case of an insurance claim, etc.

We are authorised to process special-category personal data on the basis of Art. 9 (2)(f) of the Regulation, where such processing is necessary for the establishment, exercise or defence of legal claims. We are authorised to process personal data related to criminal convictions and criminal offences under the laws of the Czech Republic in accordance with Article 10 of the Regulation.

Period of storage of personal data

We store personal data collected within the provision of legal services to the clients in client files in accordance with the professional regulations for a period of 5 years from the time when the provision of legal services ends unless the law (e.g. Act No. 253/2008 Coll., on certain measures against legalising the proceeds of crime and financing terrorism, or Act No. 499/2004 Coll., on archives and filing service and amending certain laws) specifies longer periods of storage with respect to certain documents containing personal data, in which case personal data are stored for the period stipulated in these special legal regulations.

After expiry of the period specified above, personal data may be stored – in case of ongoing court or administrative proceedings/inspection/inquiry – for a period necessary for the exercise of the rights of our Law Office (or the rights of its executive directors, shareholders, associate attorneys-at-law or employees), or for the exercise of the rights of our clients.

After expiry of the storage period, all personal data are safely destroyed or (with respect to certain documents) handed over to the client.

Recipients of clients’ personal data

Personal data collected within the provision of legal services may be disclosed (to the full extent) to associate attorneys-at-law of our Law Office (as further controllers), the IT administrator and providers of the Praetor software solution for keeping files and client agenda (as processors). Limited access (address and identification details of the clients and the amount of the fee) is also granted to our external accounting firm and tax advisor.

All the entities specified above are obliged to maintain confidentiality of the personal data disclosed to them. All the processors provide sufficient safeguards of having appropriate technical and organisational measures in place to ensure sufficient level of personal data security. All our employees are also obliged to maintain confidentiality of personal data to which they have access within their job assignment.

Personal data may also be disclosed – depending on the nature of the legal service – in accordance with the interests of the client and with a view to establishing, exercising or defending the client’s legal claims, to third parties, especially to counterparties during mutual negotiations, to courts, prosecuting bodies, administrative authorities, etc.

We do not transfer your personal data or any other data processed within the provision of legal services to a third (non-EU) country or international organisation unless (i) the client expressly requests us to do so; or (ii) we have a legal obligation to do so or there is a decision of a governmental or foreign authority that is enforceable in relation to us in the territory of the Czech Republic and we are obliged to comply with it.

For job applicants (including associate attorneys-at-law) in our Law Office

If you apply for a job in our Law Office or if you are an attorney-at-law applying for permanent co-operation with us, the following information applies to you:

Applicants’ personal data processed by us

We process personal data of job applicants only insofar as this is required for measures necessary for concluding an employment contract, agreement made outside an employment relationship or agreement on co-operation with an attorney-at-law, and also for the protection of legitimate interests of the controller in court or administrative proceedings.

We process the following personal data, in particular:

• Address and identification details of the applicants
• Details on the applicants, such as previous jobs, education, interests, etc.

Purpose of processing of the applicants’ personal data

Processing based on a contract

We process the applicants’ personal data for the purpose of performing a mutual contract (the employment contract, agreement on work outside an employment relationship, agreement on co-operation with an attorney-at-law), or to perform measures preceding execution of the contract, upon request of the data subjects.

Processing based on legitimate interests

Once the recruitment procedure is completed, personal data of job applicants may also be processed on the basis of a legitimate interest of our Law Office, i.e. (i) interest in filling a job position vacated during the trial period/shortly after the conclusion of a co-operation agreement, and (ii) exercise and enforcement of our rights within litigation/administrative proceedings.

In the case of unsuccessful job applicants/attorneys-at-law, their personal data provided for the purposes of the selection procedure may be further processed for the following three months if the employment relationship was terminated during the trial period/in case of termination of a co-operation agreement with another hired applicant, resulting in a vacancy that needs to be filled.

Period of storage of personal data of employees and applicants

Personal data of successful applicants will be processed and stored only during the term of the contractual relationship and for the period necessary to settle the mutual rights and obligations and to protect the legitimate interests of our Law Office (especially in case of an imminent labour-law dispute). We retain personal data that we are required to archive for the relevant periods stipulated by the specific legal regulations (e.g. Act No. 581/1991 Coll., on organisation and implementation of social security).

We will destroy personal data of unsuccessful applicants after expiry of three months following the end of the recruitment procedure; to the extent necessary for proving compliance with the employer’s obligations in the recruitment procedure and its course, we may retain certain data of the job applicants for the following three years.

After expiry of this period, all the applicants’ personal data are safely destroyed.

Recipients of the applicants’ personal data

Personal data collected within recruitment procedures may be disclosed to associate attorneys-at-law of our Law Office who participate in the recruitment procedure (e.g. hold interviews with the applicants) and to the IT administrator.

All the above-specified entities are obliged to maintain confidentiality of the personal data disclosed to them. All our employees are also obliged to maintain confidentiality of personal data to which they have access within their job assignment.

Personal data may also be disclosed to the competent public authorities especially in case of a dispute, inspection or administrative proceedings.

We do not transfer your personal data or any other data processed within the provision of legal services to any third (non-EU) country or international organisation.

Website

If you visit our website, we may collect certain information/identifiers regarding yourself, such as information on your behaviour on our website, e.g. what links you click on or what services you are interested in on our website. However, to ensure your maximum privacy, we are unable to assign information on your behaviour on our website to a specific user, i.e. a specific person. If you visit our website from your mobile device or tablet, information about this device may also be collected.

The above information/identifiers are collected on our website via the Google Analytics application; for more on the terms and conditions and the possibility of setting up your browser, go to:

• https://support.google.com/analytics/answer/6004245?hl=cs&ref_topic=2919631
• https://policies.google.com/technologies/partner-sites?hl=cs
• https://policies.google.com/privacy

On our website, we also use cookies allowing us to record information about your visit, settings of your browser, your language preference, etc. Thus, the use of cookies can also be considered collection of personal data.

What are cookies and what are they used for?

This is, in fact, a small text file created when you visit each website. It is used as a standard tool for storing information on how our website is used.

Cookies enable us to distinguish among the individual users and adapt the contents to the specific preferences. Thus, for instance, you need not choose your language again if you already did so during your last visit. Furthermore, cookies enable us to process various statistics, especially on the website traffic, and to use personalised advertising.

If you wish to disable the collection of certain data via cookies, it is sufficient to use one of the common internet browsers (e.g. Internet Explorer, Safari, Firefox, Chrome) and enable anonymous viewing, which prevents the storage of data on the websites you have visited, or you can block cookie in your browser altogether. However, if you also block technical and functional cookies, you will thus disable certain functions that help you, and some websites may not display correctly.

Depending on the type of your browser, you can change cookies settings (in the browsers specified below) using the procedure specified at the following links:

• Chrome – https://support.google.com/accounts/answer/61416?hl=cs
• Firefox – https://support.mozilla.org/cs/kb/vymazani-cookies
• Internet Explorer – https://support.microsoft.com/cs-cz/products/security
• Opera –opera.com
• Safari – apple.com
• Mobile – Android
• Mobile – iPhone, iPad, iPod touch

For more information on cookies and their functioning, go to www.aboutcookies.org.

Cookies we use and the period of processing

In addition to the homepage cookies, which are sent by our website and which are necessary for navigating the website and its functioning, we also use the following types of cookies:

Purpose of personal data processing through the website

Data are processed when you browse our website on the following basis:

Processing on the basis of a legitimate interest

We process your personal data, such as IP address, information on your device, information on your location and cookies within the Google Analytics application, or Google Maps, on the grounds of our legitimate interest in improving our website, adapting the website to your needs, measuring user interactions and obtaining statistical data on the users of our website.

Within the Google Analytics settings, we use only analytical functions that do not collect data necessary for website users profiling (age, gender, interests, IP address, etc.).

Processing based on your consent

We also use cookies within the Google AdWords marketing tool, which allows us to target our advertising at the visitors of our website. You express your consent to the use of cookies by continuing to use our website without changing the settings of your browser. You can change your settings at any time and delete or block cookies in your browser.

Marketing profiling takes place within this processing, which means that the advertisements of our Law Office are displayed to users on the basis of their visit to our website and possibly also on the basis of the type of pages they viewed on our website.

Recipients of personal data of the website visitors

Data collected via the website may be disclosed especially to Google Inc. providing the Google Analytics, Google AdWords and Google Maps applications. Google Inc. servers may also be located outside the EU; however, Google Inc. is certified within the EU-USA Privacy Shield, which guarantees compliance with the level of data protection applicable in the EU.

Data collected via the website may also be disclosed to the company providing advertising and marketing services via the website.

Vergütung

Datenschutzerklärung