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PRINCIPLES FOR PERSONAL DATA PROCESSING

 
JUDr. David Pytela, MBA, LL.M., Attorney-at-law, with registered office at Litovelská 1349/2b, Olomouc 779 00, reg. no. 035 35 797 (the “Attorney”), protects all processed personal data as confidential and treats them in compliance with valid legal regulations in the field of personal data protection.

Within the intention of the General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016), the Attorney is the controller of your personal data, i.e. he collects, retains and uses (or processes in other ways) your personal data in order to perform his business activities (individual purposes for which personal data are processed are further defined below), which consist, in particular, in providing legal services and consultancy in the area of law and business, including the organisation of educational events.

These principles for personal data processing apply to (i) the processing of personal data carried out by the Attorney when you use the website www.akpytela.cz (the Website”), (ii) the processing of personal data carried out by the Attorney when he communicates with you by e-mail or telephone, (iii) the processing of personal data carried out by the Attorney within the duration of business relationship with clients or suppliers, (iv) the processing of personal data when the Attorney fulfils his legal duties and (v) the processing of personal data necessary to protect legitimate interests of the Attorney.

The principles for personal data processing describe purposes of personal data processing and ways of their processing, inform of individual categories of processed personal data, their potential recipients, the period for retention of your personal data and your rights relating to personal data protection.


PURPOSES OF PERSONAL DATA PROCESSING

The Attorney may process your personal data for the following purposes:
  • Performance of contract (contract to provide legal services or fulfilling clients´ requests, i.e. actual performance of legal services in accordance with legal regulations governing the performance of legal profession; relationships with business partners, e.g. with affiliate law firms or product and service suppliers);
  • Performance of legal duties (in particular duties within the intention of accounting and tax legislation, i.e. transfer of personal data to financial administration bodies, or other public authorities in accordance with relevant legal regulations; due management of legal files, including e-mail communication, list of contacts and provided services);
  • Protection of the controller´s legitimate interest (protection of rights and legally protected interests of the Attorney, e.g. the client´s identification within the meaning of Act No. 85/1996 Coll., on Legal Profession, and Act No. 253/2008 Coll., on certain Measures against Legitimisation of Proceeds of Crime);
  • Protection of third parties´ legitimate interest (especially clients) in compliance with rules governing the performance of legal profession;
  • Settling requests sent by electronic forms (e.g. in case of registration to educational events through the Website).

PROCESSED PERSONAL DATA

The Attorney processes the following personal data according to the purpose of processing:
Processed data Purposes of processing
Name and surname, contact address, e-mail address, telephone number Performance of contract, Performance of legal duties, Protection of the controller´s legitimate interest, Settling requests sent by electronic forms
Account number, company reg. number, tax reg. number, birth reg. number, birth date, any other information regarding the client or third persons Performance of contract, Performance of legal duties, Protection of the controller´s legitimate interest

The Attorney collects, retains and uses certain information through automated means, e.g. statistical information any time you visit the Web portal.

RECIPIENTS OF PERSONAL DATA

The Attorney discloses your personal data only to authorised employees and cooperating attorneys or individual personal data processors in a contractual relationship with the Attorney, however only to the extent necessary to fulfil individual purposes of processing and on the basis of relevant legal title for personal data processing.

In cases determined by law companies are authorised or, to be more precise, obliged on the basis of valid legal regulations to transfer some personal data to, for example, prosecuting authorities or other public authorities.

PERSONAL DATA OF THIRD PERSONS

Personal data of third persons, i.e. the personal data of employees or suppliers of the Attorney or other natural persons cooperating with the Attorney, or as the case may be other data that the Attorney receives from his clients or suppliers in connection with concluding or performing a contract, will be processed in accordance with valid legal regulations in the field of personal data protection. The Attorney will use these personal data to perform contracts concluded with clients or suppliers. The Attorney will process personal data of third persons within the duration of contractual relationship as well as within the period determined by special legal regulations, if any. Such personal data will be retained for a longer period, if there is a reasonable need to retain them in connection with a particular case.

PERIOD FOR PERSONAL DATA RETENTION

Your personal data are processed and retained within a period strictly necessary to ensure all rights and obligations arising from the relevant contractual relationship, and furthermore within a period during which the Attorney is obliged, as the personal data controller, to retain them under generally binding legislation. In other cases the period for processing depends on the purpose of processing which must be appropriate or is determined by legal regulations in the field of personal data protection.

We process personal data according to their purpose of processing within the following periods:

Purpose of processing Retention period
Performance of contract within the duration of contractual relationship and 5 years from the day when the provision of legal services is terminated (Art. 3 of the Resolution of the Board of Directors of the Czech Bar Association, Official Journal No. 9/1999), 10 years from the day when the administration of property is terminated in case of the administration of property (Sec. 56a (3) of Act No. 85/1996 Coll., on Legal Profession)
Performance of legal duties within the period determined by the relevant law
Protection of the controller´s or third parties´ legitimate interest no later than 3 years from the day when personal data begin to be processed, if special legal regulations do not provide otherwise (e.g. legal regulations governing the performance of legal profession), or if there is a reasonable need to retain them in connection with a particular case
Settling requests sent by electronic forms for a necessary period
* The Attorney is authorised to process your e-mail address within the meaning of Sec. 7 (3) of Act No. 480/2004 Coll., on certain Information Society Services and on Amendments to some Acts (Act on certain Information Society Services) in order to disseminate commercial communications related to services and products (e.g. by means of information bulletin or newsletter) unless you refuse to be sent such communications.

RIGHTS OF DATA SUBJECTS

In connection with personal data processing, the data subject has rights which follow from legal regulations and which may be exercised at any time. It is mainly the right (i) of access to your personal data, (ii) to have inaccurate and incomplete personal data rectified and completed, (iii) to erasure of personal data if they are no more necessary for the purposes for which they were collected or processed in other ways, or if it is ascertained that they were processed illegally, (iv) to restriction of personal data processing, (v) to data portability, (vi) to object after which the personal data processing will be terminated unless it is proved that there are serious legitimate reasons for processing prevailing over interests or rights of data subjects, in particular if the reason is a potential enforcement of legal claims, and (vii) the right to recourse to the Office for Personal Data Protection.
  • Right of access to personal data: If you want to know that the Attorney processes your personal data, you have the right to obtain information whether your personal data are processed. If your personal data are processed, you also have the right to obtain access to them. In case of unreasonable, inappropriate or repeated requests, the Attorney will be eligible to charge an adequate fee for a copy of provided personal data or refuse such a request (the same applies similarly to the exercise of the below stated rights).
  • Right to have inaccurate and incomplete personal data rectified and completed: In case that you feel that the Attorney processes inaccurate or incomplete personal data concerning you, you have the right to request their rectification or completion. The Attorney will conduct the rectification or completion of personal data without undue delay, however always with respect to technical possibilities.
  • Right to erasure: In case that you ask for erasure, the Attorney will erase your personal data, if (i) they are no longer necessary for the purposes for which they were collected or processed in other ways, (ii) their processing is illegal, (iii) you raise objections against their processing and there are no prevailing legitimate reasons for your personal data processing, or (iv) the legal duty to process personal data laid down by the European Union or national legal regulations ceases to exist.
  • Right to restriction of personal data processing: In case that you ask for restriction of processing, the Attorney will prevent the access to personal data, temporarily remove or retain them or perform other acts of processing necessary to duly exercise the right.
  • Right to data portability: In case that you want the Attorney to transmit your personal data that he processes in electronic form on the basis of a contract or consent to a third person, you can exercise your right to data portability. In case that by exercising this right, rights and freedoms of others persons are affected, the Attorney will not be able to satisfy your request.
  • Right to object: The right to raise an objection against personal data processing processed for the purposes of fulfilling a task in public interest or exercising public authority or protecting legitimate interests of the Attorney. In case that the Attorney fails to prove a serious legitimate reason for processing prevailing over interests or rights and freedoms of the client, he will terminate the processing without undue delay.

In case of repeated or expressly groundless requests to exercise the above mentioned rights, it is possible to charge a reasonable fee for the exercise of right or refuse it.

WARNING: With respect to a specific nature of the Attorney´s activities (the performance of legal profession) the exercise of some of these rights may be considerably restricted (in particular in cases where personal data processing involves particular legal cases).

You can obtain further information related to personal data processing in the controller´s registered office at Litovelská 1349/2b, Olomouc 779 00 or at info@akpytela.cz.

In order to secure the identity of the applicant, the exercise of rights (with the exception of a request delivered by public data network (data box of natural person) or by electronic mail signed by a secured electronic signature to the following e-mail address: info@akpytela.cz) is only possible in person at the reception of the controller´s registered office, and by means of a form provided to the applicant in documentary form or sent by e-mail or by post upon his/her request.

The Office for Personal Data Protection supervises the protection of privacy and personal data, web site: www.uoou.cz

The principles for personal data processing have been in effect since 25th May 2018 and will be regularly updated.