PRIVACY POLICY - CMW Legal

GENERAL PROVISIONS
1. The Policy informs about the rules of personal data processing applied by Czyżyk Mickiewicz i Wspólnicy sp.p. radców prawnych i doradców podatkowych with its registered office in Szczecin, Poland, ul. Moniuszki 20, entered in the register of entrepreneurs of the National Court Register kept by the District Court of Szczecin-Centrum in Szczecin, XIII Economic Division of the National Court Register, under number: KRS 0000897910, NIP: 8513211717, e-mail: biuro@cmwlegal.pl, website: www.cmwlegal.pl („CMW Legal”), applicable to certain data processing processes.
2. CMW Legal is the data controller of:
  1. personal data of natural persons who are clients, as well as of persons who enter into a contract on behalf of the client, and of contact persons on the client's side, including persons authorised to place orders and persons handling their settlement processes, as well as those designated by the client for the purposes of provision of services by CMW Legal (see also section 2 below);
  2. personal data of natural persons made available or provided to it directly or indirectly by the client or otherwise obtained by CMW Legal in the course of the provision of services by CMW Legal, for the purpose of providing these services (e.g. data of witnesses, parties to proceedings, debtors, creditors). Pursuant to Article 14(5)(d) of Regulation EU 2016/679 of the European Parliament and of the Council of 27.04.2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and the repeal of Directive 95/46/EC („GDPR”), CMW Legal does not perform the obligation to provide information to the aforementioned persons due to the obligation of professional secrecy (see also point 3 below);
  3. personal data of job applicants obtained by CMW Legal during the recruitment procedure for the purpose of recruitment (see also section 4 below).
3. CMW Legal provides its services with the help of its employees or permanent co-workers and, if necessary, third parties („Employees”). In providing its services, CMW Legal mmay use Employees to perform activities related to a given assignment, and as such, it may be necessary to delegate to Employees the processing of personal data related to a given assignment. When sharing the processing of personal data with Employees or third parties in general, CMW Legal imposes appropriate confidentiality and compliance obligations on such persons with respect to the processing of personal data.
4. CMW Legal is entitled - insofar as this is justified by the scope of the service provided or if required by the client - to transfer personal data within the European Economic Area („EEA”) and also outside the EEA, subject to compliance with the relevant legal requirements of the GDPR.
5. The personal data subject is entitled to:
  1. The right to withdraw consent regarding the processing of personal data at any time with effect for the future;
  2. The right to access and receive a copy of personal data;
  3. The right to rectify (amend) of personal data;
  4. The right to restrict the processing of personal data;
  5. the right to erasure of personal data;
  6. The right to object to the processing of personal data;
  7. he right to lodge a complaint with the President of the Office for Personal Data Protection (to the address of the Office for Personal Data Protection, ul. Stawki 2, 00-193 Warsaw).

PROVISION OF SERVICES - PROCESSING OF PERSONAL DATA OF CLIENTS AND PERSONS ACTING FOR CLIENTS
1. Data origin
  CMW Legal processes personal data it receives from you or from an entity you work for which is a client of CMW Legal - e.g. when your work requires contact with CMW Legal - as well as personal data that CMW Legal collects from public records as part of its verification procedures.
2. Scope of data processing
  If you are a client of CMW Legal, to CMW Legal will process your personal information (e.g. name, address, contact details, PESEL and NIP identification numbers), contract data (e.g. date of conclusion, tasks entrusted), payment data (billing, your bank account number), as well as any other data you provide to CMW Legal, or that we receive from other sources, in order to represent your interests and to provide services. If you are a contact person of a CMW Legal's client, CMW Legal will process your name and contact details.
3. Data processing purposes and legal basis
  Personal data are processed by CMW Legal in accordance with the GDPR and Polish data protection law:
  1. for the performance of a contract for the provision of services (pursuant to Article 6(1)(b) of the GDPR) if you are party to that contract;
  2. in order to comply with a legal obligation (pursuant to Article 6(1)(c) of the GDPR arising from legal obligations (e.g. information required by tax and accounting law, obligations imposed on the legal profession by laws regulating the legal profession and applicable local government regulations, as well as anti-money laundering regulations);
  3. in order to protect the legitimate interests (pursuant to Article 6(1)(f) RODO) of CMW Legal or a third party. In the following cases, the processing of personal data is for the protection of legitimate interests:
    1. contact for day-to-day matters, including the execution of contracts between CMW Legal and your employer/entity you represent, providing quotations, receiving orders, answering questions;
    2. business planning - including for the organisation of cooperation models and customer verification;
    3. measures to protect the administrator's staff and property;
    4. conducting legal proceedings and securing claims;
  4. as part of your consent (pursuant to Article 6(1)(a) of the GDPR), to the extent that CMW Legal asks you for your consent to process your personal data, the processing will only take place to the extent and for the purpose specified in your consent. CMW Legal only ask for your consent if there is no other basis for processing your personal data. You will always be free to give - or not give - your consent and we will always respect your wishes in this respect. Your consent can be revoked at any time, with effect for the future.
  5. In the course of providing services to you, CMW Legal may have access to your special categories of personal data, i.e. data concerning your health, revealing your racial or ethnic origin, political opinions, trade union membership, religious or philosophical beliefs - depending on the nature of the case CMW Legal will be handling. CMW Legal processes this personal data:
    1. in accordance with Article 9(2)(a) GDPR, i.e. on the basis of consent given for a specific purpose - the provision of services;
    2. pursuant to Article 9(2)(c) of the GDPR, when the processing is necessary to protect the vital interests of the personal data subject or of another natural person and the personal data subject is physically or legally incapable of giving consent;
    3. in accordance with Article 9(2)(f) of the GDPR, when the processing is necessary for the establishment, investigation or defence of claims or in the course of the administration of justice by the courts.
4. Recipients of data
  1. CMW Legal, as a firm of attorneys at law and tax advisors, guarantees the confidentiality of all information covered by the legal professional secrecy of an attorney at law or tax advisor, including - to the extent applicable - the defense privilege. In situations where the processing of your personal data is necessary for the performance of a contract, the fulfilment of statutory obligations, or the protection of legitimate interests, access to your data will be granted to legal advisors, tax advisors, attorneys and trainee legal advisors working with CMW Legal who are covered by statutory professional secrecy obligations. In addition, your personal data, to the extent necessary, will be communicated to other Employees duly instructed and bound to confidentiality. Trusted data processors (in particular IT service providers) and contract service providers (such as insurance companies, accounting firms, postal services and couriers) will receive your personal data to the extent that this is necessary for the provision of their services.
  2. In order to represent your interests before courts, administrative authorities and in non-procedural matters, your personal data, to the extent required by law or to the extent necessary for the proper representation of your interests, will be transmitted to your litigation opponents or other necessary participants in these cases and proceedings.
  3. In order to protect the legitimate interests of CMW Legal, some of your personal data may be transferred to other law firms and claims recovery institutions (including bailiffs).
  4. As part of legal obligations, public authorities and institutions may receive your personal data to the extent required by law.
5. Data retention period
  We will keep your personal data and documents relating to the provision of services for a period of 10 years from the end of the year in which the proceedings in which the personal data and documents were collected ended, or for a period of 10 years from the date of termination of the contract or termination of the service in question, whichever occurs first - if it is impossible or inexpedient to determine the end date of the proceedings in which the personal data and documents were collected. To the extent necessary, your personal data will be stored for the entire duration of the contract and thereafter for the periods required by law, in particular under civil law and tax law. To the extent necessary, your personal data will be processed for up to 10 years after the termination of our cooperation.

WITNESSES, PARTIES TO PROCEEDINGS, PARTICIPANTS, CREDITORS, DEBTORS AND OTHER PERSONS WHOSE PERSONAL DATA WE LEARN IN THE COURSE OF PROVIDING LEGAL SERVICES
1. Data origin
  CMW Legal processes personal data it receives from its client whose case it is handling and personal data it collects from various sources in the course of handling that case.
2. Scope of data processing
  We process all personal data that we collect and whose use is necessary to provide services, including legal assistance, to our client.
3. Data processing purposes and legal basis
  Personal data shall be processed by CMW Legal in accordance with the GDPR and Polish data protection law in order to protect the legitimate interests (pursuant to Article 6(1)(f) of the GDPR) of CMW Legal or our client whose case we are handling, for the purpose of conducting legal proceedings, assessing a claim, securing or investigating it or conducting other legal analyses.
4. Recipients of the data
  1. CMW Legal, as a firm of attorneys at law and tax advisors, guarantees the confidentiality of all information covered by the legal professional secrecy of an attorney at law or tax advisor, including - to the extent applicable - the defense privilege. In situations where the processing of your personal data is necessary for the performance of a contract, the fulfilment of statutory obligations, or the protection of legitimate interests, access to your data will be granted to legal advisors, tax advisors, attorneys and trainee legal advisors working with CMW Legal who are covered by statutory professional secrecy obligations. In addition, your personal data, to the extent necessary, will be communicated to other Employees duly instructed and bound to confidentiality. Trusted data processors (in particular IT service providers) and contract service providers (such as insurance companies, accounting firms, postal services and couriers) will receive your personal data to the extent that this is necessary for the provision of their services.
  2. In order to represent the interests of our clients before courts, administrative authorities and in non-litigation matters, your personal data, to the extent required by law or to the extent necessary for the proper representation of their interests, will be transmitted to the courts, authorities and necessary participants in these cases and proceedings.
5. Data retention period
  We retain personal data and documents relating to the provision of services for a period of 10 years from the end of the year in which the proceedings in which the personal data and documents were collected ended, or for a period of 10 years from the date of termination of the contract or termination of the service concerned, whichever occurs first - if it is impossible or inexpedient to determine the end date of the proceedings in which the personal data and documents were collected.

RECRUITMENT
1. Data origin
  CMW Legal processes the personal data it receives from you during the recruitment process. If you agree, CMW Legal will also use information it finds about you on social media and search engines.
2. Scope of data processing
  Your personal data includes, in particular, your personal information (e.g. name, address, contact details, date of birth and place of birth, PESEL and NIP identification numbers), data relating to your previous employment (e.g. date of conclusion, description of activities performed, position), data you include in your CV and other documents you submit to us, as well as publicly available data you post about yourself on social media, and posted on search engines - if you allow us to collect it. We may also process special categories of personal data, i.e. health, trade union membership or other data as provided for in Article 9(1) of the GDPR, if you provide us with this information on your own initiative and the processing of this personal data is lawful.
3. Data processing purposes and legal basis
  Personal data is processed by CMW Legal n accordance with the GDPR and Polish data protection law to assess your qualifications for the position you are applying for, to assess your abilities and skills needed for the position you are applying for and to select the right person to work for us. The legal basis for the processing depends on the scope of the data and the purpose of its use. CMW Legal processes personal data:
  1. in order to carry out the recruitment procedure in accordance with the Polish Labour Code (i.e. in order to take action at the request of the data subject prior to the conclusion of a contract and in order to comply with legal obligations incumbent on the controller). The recruitment procedure is governed by Article 221 § 1 point 4) - 6) of the Polish Labour Code in conjunction with Article 6(1)(b) of the GDPR. In the case of personal data defined in Article 221 § 1 point 1) - 3) of the Polish Labour Code, the basis is Article 6(1)(c) of the GDPR;
  2. as part of your consent (pursuant to Article 6(1)(a) and Article 9(2)(a) of the GDPR). To the extent that CMW Legal asks you to give your consent to the processing of your personal data, the processing will only take place to the extent and for the purpose specified in your consent. As far as special categories of personal data are concerned, we will only process this data on the basis of your consent and only if the transfer of this data results from your initiative. Your consent may be withdrawn at any time, with effect for the future. With regard to additional personal data that you provide to us on your own initiative, we will treat this provision as consent to use it for the purpose of the current recruitment. If you provide us with more data in the recruitment than we have asked for, we will treat this behaviour as giving you consent to process it for recruitment purposes;
  3. in order to protect the legitimate interests (pursuant to Article 6(1)(f) GDPR) of CMW Legal. In the following cases, the processing of personal data is for the protection of legitimate interests:
    1. personal data collected in the course of an interview, as we have a legitimate interest in checking your skills and abilities, which we need in order to assess whether you are a suitable person for the position we are recruiting for;
    2. measures to protect the administrator's staff and property;
    3. onducting legal proceedings and securing claims.
4. Recipients of the data
  In situations where the processing of your personal data is necessary for the recruitment process, the exercise of your consent, or the protection of legitimate interests, access to your personal data will be granted to data controller’s bodies and duly authorised Employees. In addition, trusted data processors (in particular IT service providers) and recruitment service providers (such as recruitment agencies and other recruitment-related service providers) may receive your personal data to the extent that it is necessary for the provision of their services. In order to protect the legitimate interests of the controller, some of your personal data may be transferred to law firms and claims recovery institutions (including bailiffs). All personal data processors are contractually obliged to treat your personal data confidentially and only for the purpose of performing the services provided.
5. Data retention period
  CMW Legal processes your personal data for the duration of the recruitment period for the position you are applying for. If you consent to the use of your personal data for future recruitment, we will also process your personal data for the purposes of future recruitment, but for no longer than one year from when you gave us your consent. In some cases, the period of retention of your personal data may be extended by the limitation period for claims. As a general rule, the limitation period for claims in employment matters is 3 years, but may be longer.