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Information on the processing 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); (hereinafter referred to as "GDPR")

Personal data controller

  • The controller of personal data is the following company: spectre.law s.r.o. advokátní kancelář IČO: 08619425 with its registered office at Hybernská 1033/7, Nové Město, 110 00 Prague 1, registered in the Commercial
  • Register maintained by the Municipal Court in Prague, under file No. C 322117 (hereinafter referred to as the "Company")
  • The Administrator is a legal entity incorporated under Czech law.
  • The Administrator can be contacted by email at office@spectre.law

Purposes of the processing of personal data

The Company processes personal data of clients and others otherwise involved for the following purposes:

  • fulfilment of the concluded contract;
  • representation of clients before courts and other public institutions (in particular administrative authorities, police of the Czech Republic, etc.);
  • representing clients in negotiations with private law entities;
  • drafting relevant legal documents;
  • professional advice;
  • handling correspondence;
  • Receiving items and funds into the attorney's custody;
  • verification of signatures;
  • document analysis
  • analysis of public registers and lists;
  • payment of fees and billing for services rendered by our Company, etc.;
  • sending birthday, holiday, Christmas cards;
  • sending an invitation to a cultural, social or sporting event organised by the Company for its clients; (collectively, the "Purpose of Processing Personal Data")

Legal basis for processing personal data

  • Personal data are processed on the basis of a concluded contract, since the processing of personal data is necessary for the performance of this contract and without processing the contract cannot be concluded. The personal data is therefore processed in accordance with Article 6(1)(b) GDPR.
  • The Company also processes in accordance with Article 6(1)(c) of the GDPR, as the processing is necessary for the performance of a legal obligation to which the controller is subject (for example, when verifying signatures or custody of funds), and Article 6(1)(f) of the GDPR, as the Company processes in order to protect its legitimate interests and the legitimate interests of its clients and other persons (e.g. search and further use of data published in public registers, review of documents provided by the client, etc.).

Recipients of the personal data

  • Your personal data is processed by the Company as the data controller and by the data processors.
  • The Company transmits personal data to courts, administrative authorities, the Police of the Czech Republic and other public law entities without concluding a processing contract or an agreement on the responsibility of two controllers. The Company transfers personal data without concluding a processing agreement to other persons practising law, notary offices and enforcement authorities in accordance with European Union law or law which, according to the opinion of the European Union, sufficiently protects personal data and is in accordance with the GDPR. The Company shall always satisfy itself that the entity to which it provides personal data is subject to a data protection policy that complies with the GDPR. If the Czech Bar Association, the Ministry of Justice of the Czech Republic or any other competent authority issues a code of conduct aimed at the proper application of the GDPR, the Company undertakes to comply with such code.
  • The Company strictly complies with Act No. 85/1996 Coll., on Advocacy, as amended, and the Code of Ethics of the Czech Bar Association.
  • With all other processors (e.g. external tax advisor, etc.), the controller (the Company) has concluded an appropriate processing agreement which guarantees that the processor will comply with the same security principles as the Company when processing personal data.

Period of processing of personal data

  • Personal data is retained for the duration of the contract, legal representation, legitimate interest, obligation of the Company and subsequently for ten (10) years after the end of the legal reason for the processing of personal data, unless binding legal regulations provide for a longer period.

Data subject rights

  • In the processing of personal data, the data subject has the rights concerning the protection of his or her personal data specified in this Article.
  • The right to request access to personal data from the data controller.
  • The right to rectification of personal data processed by the Company.
  • The right to restriction of processing. Restriction of processing means that the Company must mark the personal data for which processing has been restricted and may not further process it for the duration of the restriction, except to store it. The right to restrict processing is available to the data subject if
    - he or she contests the accuracy of the personal data for the period necessary for the Company to verify the accuracy of the personal data;
    - the processing is unlawful and the data subject refuses to erase the personal data and requests instead that the use of the personal data be restricted;
    - if the Company no longer needs the personal data for the purposes of the processing, but the data subject requests it for the establishment, exercise or defence of legal claims;
    - where the data subject has objected to the processing set out in Article 7 below, until it is verified that the Company's legitimate grounds for processing outweigh the interests or rights and freedoms of the data subject.
  • Right to erasure of personal data. The right to erasure of personal data does not apply to those personal data which, due to possible litigation (e.g. for damage caused, recovery of unjust enrichment, etc.) and on the basis of the legal regulations in force in the Czech Republic, the Company retains after the termination of the contract or after the legitimate interest has ceased to exist, in accordance with Article 5. of this information on the processing of personal data.
  • Right to data portability. The data subject is entitled to request that the Company provide the personal data for the purpose of transferring it to another data controller, or the Company itself transfers the personal data to another data controller. However, this right may only be exercised by the data subject in respect of data which the Company processes by automated means on the basis of the consent of the data subject or a contract concluded with the data subject.
  • The right to lodge a complaint with a supervisory authority if the data subject believes that the processing of personal data violates data protection legislation. The data subject may lodge a complaint with the supervisory authority at the place of his or her habitual residence, place of employment or place where the alleged violation occurred. In the Czech Republic, the supervisory authority is the Office for Personal Data Protection, Pplk. Sochor 27, 170 00 Prague 7, www.uoou.cz.

Right to object to processing

  • If the Company processes personal data for the purposes of its legitimate interests or the legitimate interests of third parties, the data subject is entitled to object to such processing at any time. If the data subject raises such an objection, the Company shall only be entitled to continue such processing if it demonstrates compelling legitimate grounds for the processing which override the interests or rights and freedoms of the data subject and if the processing is necessary for the establishment, exercise or defence of legal claims.

Mandatory processing and obligation to provide personal data

  • The processing of personal data for the purpose of performance of the contract is necessary for the performance of the obligations arising from the contract. Failure to provide personal data may mean that the Company, through no fault of its own, will not be able to fulfil the obligations arising from the contract. The processing of other personal data is based on the legitimate interest of the Company or the legitimate interest of the Company's clients.

Storage of personal data

  • Personal data processed in paper form are stored in a locked office. Personal data stored in electronic form are stored on a hard drive in the Czech Republic.
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© spectre.law s.r.o. law office, 2023

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