Privacy policy | ArgonLegal

This privacy policy (the “Policy”) has been adopted by ARGON LEGAL Lisiecki spółka komandytowa with its registered office in Warsaw (address: ul. Wernyhory 13, 02-727 Warsaw), entered in the register of entrepreneurs maintained by the District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Division of the National Court Register under KRS no. 0000350258, tax identification number (NIP): 118-202-32-59, statistical identification number (REGON): 142319243 (“ARGON LEGAL”) in relation to 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 (General Data Protection Regulation) (the “GDPR”) coming into force.

The Policy contains information regarding personal data processing by ARGON LEGAL in relation to conducted business activity.

1. INFORMATION ON DATA PROCESSING AND CONTACT DETAILS

1.1. ARGON LEGAL processes personal data of persons in accordance with the applicable provisions regarding personal data processing, including the GDPR and it is the controller thereof within the meaning of these provisions

1.2. You may contact ARGON LEGAL in respect of personal data processing by traditional mail sent to the following address: ARGON LEGAL Lisiecki sp. k., ul. Wernyhory 13, 02-727 Warsaw or by e-mail: office@argon.legal.

2. CATEGORIES OF DATA SUBJECTS

2.1. Articles 13 and 14 of the GDPR require that the information regarding personal data processing be provided to these persons:

2.1.1 if the personal data is collected from the data subject – at the time when the personal data is collected,

2.1.2 if the personal data is not collected from the data subject:

a) within a reasonable period after obtaining the personal data, but at the latest within one month, having regard to the specific circumstances in which the personal data is processed,

b) if the personal data is to be used for communication with the data subject – at the latest at the time of the first communication to that data subject,

c) if a disclosure to another recipient is envisaged – at the latest when the personal data is first disclosed.

2.2. In order to fulfil the obligations referred to in point 2.1, ARGON LEGAL presents below the information regarding processing of the personal data obtained in connection with the conducted business activity, pertaining to the following categories of persons:

2.2.1. business partners (including clients of legal services), being natural persons,

2.2.2. employees, representatives, ultimate beneficial owners and contact persons of the business partners (including clients of legal services),

2.2.3. other persons whose data is processed by ARGON LEGAL in relation to providing legal services,

2.2.4. persons visiting the registered office of ARGON LEGAL,

2.2.5. users of LinkedIn portal,

2.2.6. participants of trainings,

2.2.7. persons submitting claims against ARGON LEGAL or persons against whom ARGON LEGAL submits claims.

3. PURPOSES AND LEGAL GROUNDS FOR PROCESSING. SCOPE AND SOURCE OF DATA AND NECESSITY TO PROVIDE THEM

PERSONAL DATA OF BUSINESS PARTNERS (INCLUDING CLIENTS) BEING NATURAL PERSONS

3.1. ARGON LEGAL processes the personal data of the business partners (including clients) being natural persons, for the following purposes:

3.1.1. performance of an agreement a business partner is a party to or necessity to undertake actions aiming at execution of an agreement with it (e.g. contact, services quotation),

– then the legal basis for the processing is Article 6 point 1 letter b) of the GDPR, i.e. the processing is necessary to perform the agreement ARGON LEGAL is bound with or to undertake actions aiming at execution thereof,

3.1.2. settlements,

3.1.3. storing accounting documents,

3.1.4. performing obligations in respect of counteracting money laundering and terrorist financing,

– then the legal basis for the processing is Article 6 point 1 letter c) of the GDPR, i.e. the processing is necessary to perform the legal obligations of ARGON LEGAL regarding i.a. tax law and accountancy and Act on counteracting money laundering and terrorist financing;

3.1.5. performing marketing / PR activities, i.a. informing of ARGON LEGAL’s offer, organized trainings,

3.1.6. pursuing claims and protecting rights,

– then the legal basis for the processing is Article 6 point 1 letter f) of the GDPR, i.e. the data processing is necessary for the purposes of the legitimate interests pursued by ARGON LEGAL, i.e. performing marketing / PR activities and pursuing claims or protecting rights.

3.2. The personal data of the above persons is obtained by ARGON LEGAL directly from these persons or from the publicly available sources.

3.3. Providing personal data is necessary to execute an agreement (data pertaining to parties of an agreement). In other cases providing personal data may be necessary in order to perform an agreement. Refusal to provide the personal data may render it difficult or impossible to execute or perform an agreement.

3.4. The processed personal data includes: first and last name, address of residence, correspondence address, personal identification number (PESEL), statistical identification number (REGON), tax identification number (NIP), series and number of ID, marital status, e-mail address, phone number, bank account number.

PERSONAL DATA OF EMPLOYEES, REPRESENTATIVES, ULTIMATE BENEFICIAL OWNERS AND CONTACT PERSONS OF BUSINESS PARTNERS (INCLUDING CLIENTS)

3.5. ARGON LEGAL processes the personal data of the employees, representatives, ultimate beneficial owners and contact persons of business partners (including clients) for the following purposes:

3.5.1. settlements,

3.5.2. storing accounting documents,

3.5.3. performing obligations in respect of counteracting money laundering and terrorist financing,

3.5.4. executing and performing an agreement concluded with a business partner / client, i.a. for the contact purposes, as well as sending offer inquiries, providing legal services,

3.5.5. performing marketing / PR activities, i.a. informing of ARGON LEGAL’s offer, organized trainings,

3.5.6. pursuing claims and protecting rights;

– then the legal basis for the processing is Article 6 point 1 letter f) of the GDPR, i.e. the data processing is necessary for the purposes of the legitimate interests pursued by ARGON LEGAL, i.e. starting cooperation, performing agreements binding upon ARGON LEGAL, performing marketing / PR activities and pursuing claims or protecting rights.

3.6. The personal data of the above persons is obtained by ARGON LEGAL directly from these persons or a business partner / client whom they represent / who employ them or from the publicly available sources.

3.7. Providing personal data may be necessary in order to perform an agreement (e.g. personal data of employees of a business partner / client required for contact purposes). Refusal to provide the personal data may render it difficult or impossible to execute or perform an agreement.

3.8. The processed personal data includes: first and last name, personal identification number (PESEL), series and number of ID, e-mail address, phone number, nationality, address of residence.

PERSONAL DATA OF OTHER PERSONS WHOSE DATA IS PROCESSED BY ARGON LEGAL IN CONNECTION WITH PROVISION OF LEGAL SERVICES

3.9. ARGON LEGAL processes personal data of other persons obtained by it in the course of providing legal services (e.g. data of witnesses, proxies, advisors of opposing parties / business partner of a client of ARGON LEGAL) for the following purposes:

3.9.1. performing an agreement concluded with a business partner / client, i.a. for the contact purposes, for the purpose of providing legal services,

3.9.2. pursuing claims and protecting rights;

– then the legal basis for the processing is Article 6 point 1 letter f) of the GDPR, i.e. the data processing is necessary for the purposes of the legitimate interests pursued by ARGON LEGAL, i.e. performing agreements binding upon ARGON LEGAL (providing legal services) and pursuing claims or protecting rights.

3.10. The personal data of the above persons is obtained by ARGON LEGAL directly from these persons or a business partner / client to whom the legal services are provided.

3.11. Providing personal data may be necessary in order to provide legal services (e.g. personal data of a witness in court proceedings, personal data of an advisor of a client’s business partner provided during negotiations). Refusal to provide the personal data may render it difficult or impossible to provide legal services.

3.12. The processed personal data includes: first and last name, personal identification number (PESEL), series and number of ID, e-mail address, phone number, residence address.

PERSONAL DATA OF PERSONS VISITING THE REGISTERED OFFICE OF ARGON LEGAL

3.13. ARGON LEGAL processes personal data of the persons visiting the registered office of ARGON LEGAL for the following purposes:

3.13.1. ensuring safety in the law firm’s registered office,

3.13.2. pursuing claims and protecting rights;

– then the legal basis for the processing is Article 6 point 1 letter f) of the GDPR, i.e. the data processing is necessary for the purposes of the legitimate interests pursued by ARGON LEGAL, i.e. ensuring safety in the law firm’s registered office and pursuing claims or protecting rights.

3.14. Personal data (image) of the above persons is obtained by ARGON LEGAL through video surveillance.

3.15. Providing data is voluntary although necessary to fulfill the above purposes.

PERSONAL DATA OF USERS OF LINKEDIN PORTAL

3.16. ARGON LEGAL processes the personal data of the users of LinkedIn portal for the following purposes:

3.16.1. corresponding with the users with the use of messengers / profile,

3.16.2. allowing the users to be active on the profile, i.a. to like the profile and comment and publish posts,

3.16.3. informing of the events or services of ARGON LEGAL,

3.16.4. statistical and analytical, with regard to the functioning and popularity of the profile,

3.16.5. pursuing claims and protecting rights;

– then the legal basis for the processing is Article 6 point 1 letter f) of the GDPR, i.e. the data processing is necessary for the purposes of the legitimate interests pursued by ARGON LEGAL, i.e. managing the profile of the law firm and pursuing claims or protecting rights.

3.17. The personal data of the above persons is obtained by ARGON LEGAL directly from these persons.

3.18. Providing the personal data is voluntary.

PERSONAL DATA OF PARTICIPANTS OF TRAININGS

3.19. ARGON LEGAL processes the personal data of the participants of the trainings for the following purposes:

3.19.1. executing and performing an agreement a participant is a party to or necessity to undertake actions aiming at execution of an agreement with such a person (in respect of the trainings organized by ARGON LEGAL),

3.19.2. performing an agreement concluded with a business partner (in respect of the trainings organized by partners of ARGON LEGAL),

3.19.3. performing marketing / PR activities, i.a. informing of ARGON LEGAL’s offer, organized trainings,

3.19.4. pursuing claims and protecting rights;

– then the legal basis for the processing is Article 6 point 1 letter f) of the GDPR, i.e. the data processing is necessary for the purposes of the legitimate interests pursued by ARGON LEGAL, i.e. performing agreements binding upon ARGON LEGAL, performing marketing / PR activities and pursuing claims or protecting rights.

3.20. The personal data of the above persons is obtained by ARGON LEGAL directly from these persons or organizers of a training.

3.21. Providing personal data is necessary to perform an agreement (participate in a training). Refusal to provide the personal data may render it difficult or impossible to execute or perform an agreement.

3.22. The processed personal data includes: first name, last name, e-mail address, phone number.

PERSONAL DATA OF PERSONS SUBMITTING CLAIMS AGAINST ARGON LEGAL OR PERSONS AGAINST WHOM ARGON LEGAL SUBMITS CLAIMS

3.23. ARGON LEGAL processes the personal data of the persons submitting claims against ARGON LEGAL or persons against whom ARGON LEGAL submits claims for the purpose of pursuing claims and protecting rights. The legal basis for the processing is Article 6 point 1 letter f) of the GDPR, i.e. the data processing is necessary for the purposes of the legitimate interests pursued by ARGON LEGAL, i.e. pursuing claims or protecting rights. As regards the data concerning health condition ARGON LEGAL may receive in connection with the pending proceedings, the legal basis for the processing is Article 9 point 2 letter f) of the GDPR, i.e. the data processing is necessary for the purposes of establishing, pursuing or defending claims.

3.24. The personal data of the above persons is obtained by ARGON LEGAL directly from these persons or relevant authorities.

3.25. Providing data is voluntary although necessary to pursue claims or protect rights. Refusal to provide the personal data may render it difficult or impossible to fulfil this purpose.

3.26. The processed personal data may include: first name, last name, residence address, personal identification number (PESEL), series and number of ID, e-mail address, contact phone number, data regarding health, bank account number, image, car plate number, and in the event of our business partners – natural persons also: tax identification number (NIP), statistical identification number (REGON), business activity address, marital status.

4. INFORMATION ON RECIPIENTS OF PERSONAL DATA. TRANSFERRING DATA TO THIRD COUNTRIES AND AUTOMATED DECISION-MAKING

4.1. ARGON LEGAL may transfer the personal data of the persons indicated in point 3 hereof to the suppliers of technical or organizational services which ARGON LEGAL uses in relation to the conducted business activity, i.e. in particular to the marketing/PR agencies, firms providing courier and postal services. The personal data may also be transferred to public authorities, including courts, bailiffs, police and other inspections and guards.

4.2. The personal data of the persons indicated in point 3 hereof will not be used for automated decision-making or profiling.

4.3. ARGON LEGAL will not transfer the personal data outside European Economic Area.

5. TERM OF PERSONAL DATA PROCESSING

5.1. Subject to point 5.2, in the event of personal data processing on the basis of:

5.1.1. consent, the data is processed until it is withdrawn,

5.1.2. legitimate interest of ARGON LEGAL, the data is processed for the period allowing to fulfil this interest or until the effective objection to data processing is submitted,

5.1.3. necessity to execute and perform an agreement, the data is processed until the agreement is terminated,

5.1.4. necessity to process the personal data for the purpose of performance of the legal obligations of ARGON LEGAL, the data is processed for the periods resulting from the provisions of law.

5.2. In respect of the personal data processed by advocates and attorneys-at-law within the scope of their professional activity, the data is kept for 10 years from the end of the year in which the proceedings in the course of which the data was collected end.

5.3. In respect of recordings from the video surveillance in the registered office of the law firm, the data collected in this manner is kept for 4 weeks of its recording.

5.4. The basic period of data processing may be extended in the event when the processing is necessary to establish or pursue claims or defend against claims, and after this period – only in the situation and scope as required by law (extended period of data processing).

6. RIGHTS RELATED TO PERSONAL DATA PROCESSING

GENERAL PROVISIONS

6.1. In connection with the conducted business activity, ARGON LEGAL ensures to all data subjects exercising the rights they are entitled to in accordance with the applicable law. These persons have the right to:

6.1.1. access their personal data,

6.1.2. request immediate rectification of personal data,

6.1.3. request immediate erasing of personal data,

6.1.4. request restricting the processing of personal data,

6.1.5. transfer data,

6.1.6. object to the processing of their personal data, including profiling.

6.2. Moreover, in the event of processing on the basis of a consent, the data subject may at any time withdraw the consent. Withdrawal of a consent does not affect compliance with law of the processing made on the basis of the consent before it was withdrawn.

6.3. Each person who thinks that his or her data is processed by ARGON LEGAL unlawfully has the right to lodge a complaint with the supervisory authority: Prezes Urzędu Ochrony Danych Osobowych, ul. Stawki 2, 00-193 Warsaw.

RIGHT OF ACCESS TO DATA

6.4. A person whose data is processed by ARGON LEGAL may request information whether his or her personal data is processed, and if yes – access to it.

6.5. ARGON LEGAL, upon request of a person regarding access to his or her data, informs such a person of the scope, manner and purpose of the data processing, as well as grants such a person access to the data pertaining to him or her. Access may be realized through provision of a copy of the data and the first copy of the data is provided free of charge. In the event of requesting further copies of the data, ARGON LEGAL is entitled to charge a fee corresponding to the administrative costs.

RIGHT OF DATA RECTIFICATION

6.6. In the event when personal data is outdated or incorrect, the data subject may request to rectify it. In the event when the data is made available to other entities, ARGON LEGAL informs these entities of rectification of the data. Moreover, ARGON LEGAL supplements and updates the data upon request of the data subject. ARGON LEGAL may refuse to supplement the data if it is unnecessary for the processing purposes.

RIGHT TO ERASE DATA (“RIGHT TO BE FORGOTTEN”)

6.7. Upon request of the data subject, ARGON LEGAL erases the collected data. It is possible if:

6.7.1. data is not required for the purposes for which it was collected,

6.7.2. data subject withdraws a consent on the basis of which the processing occurs and there are no other legal grounds for further processing,

6.7.3. data subject submits objection to the processing and there are no prevailing, legally justified grounds for the processing,

6.7.4. personal data is processed in a manner non-compliant with law,

6.7.5. personal data must be erased in order to fulfil legal obligations imposed on ARGON LEGAL,

6.7.6. personal data is collected in relation to offering information society services directly to a child.

6.8. If the data subject to erasing has been made available to other entities, ARGON LEGAL undertakes reasonable actions, including technical measures, to inform these entities of the need to erase the data and access it. Upon request of the data subject, ARGON LEGAL informs him or her of the entities to which his or her data has been made available.

RIGHT TO RESTRICTION OF PROCESSING

6.9. ARGON LEGAL restricts the data processing upon request of the data subject in the event when:

6.9.1. data subject questions correctness of the personal data – for the period allowing ARGON LEGAL to verify correctness of this data,

6.9.2. processing does not comply with law and the data subject objects to erasing the personal data, requesting restriction of the processing instead,

6.9.3. ARGON LEGAL does not need the data anymore for the processing purposes but it is required by the data subject to establish, pursue or defend claims,

6.9.4. data subject submits objection to the processing – until establishing whether the legitimate interest of ARGON LEGAL is prevailing over the grounds for objection of the data subject.

6.10. If the data processing is restricted, ARGON LEGAL processes it, except for storing it, only upon consent of the data subject, or in order to establish, pursue or defend claims, or in order to protect rights of another natural or legal person, or for significant reasons of public interest.

RIGHT TO TRANSFER DATA

6.11. If the data is processed on the basis of a consent or in order to execute and agreement, ARGON LEGAL, upon request of a person, provides to him or her the data processed in IT systems, in a structured, commonly used and machine-readable format or transmits the data – if possible – to another entity.

RIGHT TO OBJECT TO PERSONAL DATA PROCESSING, INCLUDING PROFILING

6.12. If the data subject submits, motivated with his or her particular situation, objection to the processing of his or her data, and the data is processed by ARGON LEGAL on the basis of the legitimate interest of ARGON LEGAL, ARGON LEGAL recognizes the objection, provided that there are no significant, legally justified grounds for the processing, prevailing over the interest, rights and freedoms of the person submitting the objection, or grounds for establishing, pursuing and defending claims.

6.13. In the event of objecting to the processing of data for direct marketing purposes (including profiling) ARGON LEGAL recognizes the objection immediately and stops the processing of the data of the person who submits the objection.

PROCEDURE IN CASE OF REQUESTS OF DATA SUBJECTS

6.14. Persons whose data is processed by ARGON LEGAL may exercise their rights, specified above, by contacting ARGON LEGAL:

6.14.1. in writing: ARGON LEGAL Lisiecki sp. k., ul. Wernyhory 13, 02-727 Warsaw,

6.14.2. by e-mail to the address: office@argon.legal.

6.15. Request of a natural person regarding exercising rights should include:

6.15.1. data of a natural person: name, surname, of the person the request pertains to and of the submitting person,

6.15.2. description of the request together with possible objections,

6.15.3. signature of a person submitting the request in respect of the written submissions,

6.15.4. power of attorney, if a proxy acts on behalf of a person submitting the request,

6.15.5. information on preferred form of the reply, if the channel of the reply is to be different than the one of the submitted request.

6.16. Prior to the processing of the request ARGON LEGAL may ask a natural person the data pertains to for verification of his or her identity.

6.17. ARGON LEGAL, without undue delay -and in any case within a month of receipt of the request – informs the data subject of the actions undertaken in relation to exercising by him or her the rights specified above. In the event when the request is complex or of a significant number of submitted requests, ARGON LEGAL within one month of receipt of a request from a natural person, informs the natural person the data pertains to, of extension of the time limit by maximum two succeeding months and provides reasons for the delay.

6.18. If the request of a natural person may not be recognized, ARGON LEGAL informs the natural person within the above time limits of denial to process the request and provides reasons for it.

6.19. If ARGON LEGAL does not undertake actions in relation to the request of the data subject, immediately – within a month of receipt of the request at the latest – ARGON LEGAL informs the data subject of the reasons behind not undertaking actions and of the possibility to submit a complaint to the supervising authority and to use measures of legal protection in court.

7. FINAL PROVISIONS

7.1. ARGON LEGAL endeavors to update this Policy on an ongoing basis as the factual and legal circumstances regarding principles and manner of personal data processing change.

7.2. This Privacy Policy, as currently worded, applies as of 20 February 2023.