Services
Information Note on The Processing Of Personal Data Carried Out By Musat & Asociatii S.C.A.
Musat & Asociatii S.C.A. (hereinafter: “Musat & Asociatii” “we” or “us”) has the obligation, according to the law, to protect your personal data and to comply with all data protection regulations, including but not limited to the provisions of the EU General Data Protection Regulation no. 2016/679 (hereinafter: “GDPR”). In this document we detail the following aspects:
– what types of personal data we process about you;
– what are the purposes for which we process these and the grounds on which these purposes are based;
– which is the duration of the data processing;
– who are the persons to whom we transmit personal data;
– how you can exercise your rights under the legislation in force.
Personal data means any information relating to an identified or identifiable natural person, the latter being the person who can be identified directly or indirectly by reference to identifiers or factors specific to his identity. Specifically, the personal data we process includes data such as name, surname, telephone number, email address, professional address, position or position, or other details about personal or material situations, such as date of birth, age, gender, various national identification numbers, video recordings, correspondence, photos, etc. Personal data may also include special categories of data, such as medical data or data relating to criminal proceedings.
This information refers to the processing we carry out regarding the personal data of our clients and business partners, their representatives, employees and collaborators, our collaborators, persons who are interested in becoming lawyers collaborating with Musat & Asociatii S.C.A. or of the persons who contact us in order to exercise their rights under the data protection legislation or for other reasons.
We process the following personal data for the following purposes and on the basis of the following legal bases
In relation to Musat & Asociatii S.C.A. customers and Musat & Asociatii S.C.A. customer representatives
If you are our client or our potential client or representative (including legal representative, employee, or collaborator) of a client of ours, we will use your identification and contact data for the preparation and/or provision of our services, as well as for the communication with you, by virtue of the legal relationship between us and you/our client, thus based on the contractual relationship between the client and the lawyer. The basis for the processing of your data, in this case, is the execution of our contracts of legal assistance and representation or the taking of steps for the conclusion of such a contract (Art. 6 para. 1 lit.b) GDPR), if you are or want to become our client, respectively our legitimate interest in ensuring the proper conduct of the contracts to which we are a party or that we wish to conclude (Art. 6 6 para. 1 lit. f) GDPR), when you are our client’s representative.
We will process your contact details based on our legitimate interest (art. 6 para. 1 lit. f) GDPR) in order to optimize the management of our contact with you. Also on the basis of our legitimate interest we can process your personal data for internal purposes of Musat & Asociatii S.C.A., which include billing our services and managing contracts and contacts of Musat & Asociatii S.C.A..
At the same time, we inform you that in accordance with the regulations in force on the prevention of money laundering, we are obliged in certain situations to comply with the statutory obligations of verification, monitoring, reporting and keeping records regarding the clientele. We may, in particular, be obliged to require from you and your beneficial owner(s) and, where applicable, from your managerial persons or from natural or legal persons for whom you are acting as a representative, satisfactory proof of identity and, where applicable, of the power of representation. We will carry out such data processing only for the purpose of fulfilling our legal obligations (Art. 6 para. 1 lit.c) GDPR).
Please note that in certain situations, we may have to refrain from accepting a commitment if you do not send us or incompletely transmit to us the personal data that is necessary to execute and implement our legal services.
If you provide us with personal data and/or disclose business or business secrets belonging to us or to your relatives, colleagues or other third parties, we will generally assume that you are authorized to disclose this data to us. We will use such data only to the extent necessary for the performance of our mandate or contractual relationship with you, or with the company you represent. At the same time, please inform, as far as possible, these persons about the transmission of their data to Musat & Asociatii S.C.A. and the ways in which Musat & Asociatii S.C.A. process their data, according to this information note.
At the same time, we will also be able to use your personal data. personal data based on our legitimate interest (art. 6 para. 1 lit. f) GDPR) for the purpose of fulfilling any other obligations incumbent on us under applicable law or professional statutes, or if we deem it necessary for the purpose of establishing, exercising or defending our rights. Sometimes it is possible to use the data made available for statistical purposes, but only after it has previously been anonymized.
In the relationship with our business partners, our service providers or our collaborators, respectively with their representatives
If you are a business partner, service provider or collaborator of Musat & Asociatii S.C.A. or their representative, we will process your personal data to ensure the proper conduct of our contractual relationship with you, respectively with the company you represent.
We will collect your personal data (name and surname, personal identification number, as the case may be, the data from the identity card, as the case may be, e-mail, telephone, position, address of the headquarters where you operate) directly from you or from the company you represent when signing or in order to carry out the contracts concluded with you, respectively with the company you represent, and for communication with you. At the same time, we can obtain your personal data from public sources (e.g. your employer’s website, the Trade Register, etc.), or from the correspondence/notifications you send us or your company.
When we have a direct contract with you, we process your personal data for the execution of the rights and obligations of the service / collaboration contract to which you are responsible for the performance of the rights and obligations of the service / collaboration contract to which you are responsible for the performance of the rights and obligations of the service / collaboration contract to which you are responsible for the performance of services you are a party (Art. 6 para. 1 lit.b) GDPR).
When our contract is with the company you represent, we use your data based on our legitimate interest (art. 6 para. 1 lit. f) GDPR) to conclude and / or carry out the contract concluded with the company you represent. Also on the basis of our legitimate interest (art. 6 para. 1 lit. f) GDPR) we may process your personal data for internal purposes of Musat & Asociatii S.C.A., which include invoicing and administering contracts and contacts of Musat & Asociatii S.C.A..
At the same time, we will also use your personal data. personal character in our legitimate interest (art. 6 para. 1 lit. f) GDPR) to fulfill any other obligations incumbent on us under the legislation or professional statutes that are applicable to us or if we consider it necessary for the purpose of establishing, exercising or defending our rights.
We may also process personal data for the fulfilment of obligations imposed by law or by the professional statutes that are applicable to us, under the legal obligation of processing (Art. 6 para. 1 lit.c) GDPR).
In relation to other third parties
Depending on the object and extent of our mandate, we may process some personal data of third parties (adverse parties, lawyers of the opposing party, employees / collaborators of clients or of the opposing party, representatives of the authorities). We can thus obtain your data directly from you. or from the company you represent, from our clients or from representatives of our clients, as well as from public sources (public registers, websites of authorities / companies).
We will process such data only to the extent necessary for the performance of our service contract, based on our legitimate interest (art. 6 para. 1 lit. f) GDPR) to carry out the mandate entrusted by our client.
At the same time, we will also be able to use your personal data. personal data in our legitimate interest (Art. 6 para. 1 lit. f) GDPR) to fulfill any other obligations incumbent on us under the applicable law or if we consider it necessary for the purpose of establishing, exercising or defending our rights. Finally, we may also process personal data for the fulfillment of obligations imposed by law or by the professional statutes that are applicable to us, based on the legal obligation of processing (Art. 6 para. 1 lit.c) GDPR).
In our marketing activities
Our marketing activities target both our existing clients and various interested third parties (employees / collaborators of Musat & Asociatii S.C.A. clients, potential or former clients / representatives of potential or former clients, other lawyers, various collaborators / potential collaborators of Musat & Asociatii S.C.A., representatives of the authorities, journalists, participants in the events organized by us or in which we also participate). The data processing that we carry out in our marketing activities, in relation to these persons, take into account the following:
We may process your contact details for the purpose of sending you our newsletters about current legal developments in Romania, based on your consent (Art. 6 para. 1 lit. a) GDPR), which you can revoke at any time, expressing your decision not to receive our communications in the future. The withdrawal of your consent will not affect the processing carried out by us up to that point.
The events organized by us provide participants with detailed information about the latest developments in various legal fields and offer participants the opportunity to socialize with relevant people in the fields addressed and to meet in person with our lawyers and consultants. That is why you are welcome to participate in these Events at any time. In this regard, we will use your contact details (email address) to send you invitations to events organized by us (including events organized by us together with our collaborators, or events in which we are involved) and we will process a limited number of personal data, such as your name, your company name and your position, to facilitate communication and optimize the management of contact with you. As a rule, we will send you invitations to our Events only on the basis of your consent (Art. 6 para. 1 lit. a) GDPR), which you may withdraw at any time, but this does not affect the processing carried out by us until the moment of withdrawal of your consent. However, if you are a Musat & Asociatii S.C.A.client or a former Musat & Asociatii S.C.A. client who has previously participated in our Events, we believe that we are able to send you invitations to our Events, in compliance with the legal provisions, based on our legitimate interest (art. 6 para. 1 lit. f) GDPR) to promote the work of Musat & Asociatii S.C.A., respectively to bring to the public’s attention certain legal issues, tax or intellectual property, without this in any way affecting your fundamental rights and freedoms. In any case, if you no longer wish to receive invitations to Our Events, you may object at any time, either by submitting a request to that effect to the contact details in Section 10 below or by the means made available in the invitation.
Once you have chosen to attend a particular Event, Musat & Asociatii S.C.A.will process your personal data. contact, together with your name, your company name and your position, or other information that you voluntarily communicate to us, in order to communicate to you further details related to the Event you wish to attend and to take the necessary organizational measures. Such processing is based on our legitimate interest (art. 6 para. 1 lit. f) GDPR), to ensure the proper conduct and organization of the Event Also within our Events we can take images (photo / video) with you as a participant / speaker at the Event, in order to promote the Event, both inside Musat & Asociatii S.C.A. and outside Musat & Asociatii S.C.A.. We will carry out such data processing only with your prior consent (Art. 6 para. 1 lit. a) GDPR); you can withdraw your consent at any time, but this does not affect the lawfulness of the processing carried out up to that point.
Musat & Asociatii S.C.A.uses the social media pages Facebook, Instagram and LinkedIn, as well as the https://avocat-musat.ro/ website, to promote its activities.
Thus, among the data disclosed by us in connection with you through the social media pages may be images from the Musat & Asociatii S.C.A. Events in which you participated, as well as your name and position / profession and your company if you are a speaker at the respective Event. With respect to the website and social media pages, we may post information about our Events, including speaker data (name and position/profession and company).
We will carry out such data processing only on the basis of your consent (Art. 6 para. 1 lit. a) GDPR); you can withdraw your consent at any time, but this does not affect the processing carried out up to that point.
In the relationship with visitors from our headquarters
Connect to WI-FI
In case you want to connect to our wi-fi internet network during your visit. at our headquarters, our system will automatically assign you a dynamic, randomly generated IP address that does not allow you to be identified or the device from which you are connecting and which will only be stored for the duration of your connection to the system.
Video surveillance
The entrance to our building and the access to the floors occupied by us in the building are equipped with a video surveillance system, the purpose of which is to protect the security of our offices and especially the security and confidentiality of the information entrusted to us by our customers. For this purpose, this system will perform video recordings when you visit our offices. These records are archived in an encrypted form for a period of no more than 30 days. We only access these recordings (which include recordings made with our cameras and recordings made with the building owner’s video cameras) only if there is a special, compelling reason related to the security of our offices and the confidentiality of the information we hold. The legal basis for the processing of video recordings, as described above, is our legitimate interest (Art. 6 para. 1 lit. f) GDPR). Our legitimate interest lies in ensuring the security and protection of our persons and property.
In relation to persons interested in becoming collaborating lawyers of Musat & Asociatii S.C.A.
If you are interested in a possible position as an associate lawyer of Musat & Asociatii S.C.A., we will process your personal data that you send us when submitting your application (such as, identification data, e-mail address, data that you decide to include in your CV, correspondence with you, possible responses to professional evaluation tests, etc.), for the purpose of evaluating your application. and to decide to what extent you are suitable for the open position within Musat & Asociatii S.C.A. We will also keep the data you provide to us during the recruitment process to document how we made the selection. We carry out the above data processing, based on our legitimate interest in selecting collaborating lawyers for the positions available within Musat & Asociatii S.C.A. and to document the way in which the recruitment procedure is carried out (art. 6 para. 1 lit. f) GDPR). Subsequently, if you have been selected in order to conclude a collaboration contract with us, we will process your data in order to conclude and execute the collaboration contract.
If you exercise your rights under the GDPR
When exercising your rights conferred by GDPR as a data subject, it is necessary to process your data (name, surname, image, other data entered in your identity document, other data that you choose to communicate to us) in order to be able to manage your requests based on GDPR. In this case, the basis for the use of your data is our legal obligation (Art. 6 para. 1 lit.c) GDPR).
In order to establish, exercise and defend our rights
We have a general interest in ascertaining, exercising and defending our rights and we consider it reasonable to invoke certain documents and information for this purpose, including when they include your personal data. We will do so by always complying with our statutory privacy obligations and we will seek to limit the data we use to that strictly necessary for this purpose. The basis for the processing of your data in this case is our legitimate interest (Art. 6 para. 1 lit. f) GDPR).
In order to communicate with you, if you contact us by e-mail and we are not in a contractual relationship or in any of the above assumptions
We use the data transmitted by you by e-mail, in order to comply with your request or to communicate with you.
The basis for processing your data in this case is our legitimate interest (Art. 6 para. 1 lit. f) GDPR) to respond to the request made or to communicate with you.
We emphasize that whenever we process your personal data. on the basis of our legitimate interest, you have the right to object to such processing. In this regard, for details please refer to section 3 below.
As a data subject under the GDPR, you have the right of access and information about your personal data processed by us, the origin and recipients of this data, the duration of storage and the purpose of data processing.If we process inaccurate or incomplete personal data, you have the right to rectify or supplement this data.You can also ask us to delete your data that is processed without right. You will be able to exercise this right in certain situations provided for in the GDPR; if, when exercising this right by you, we will consider that we may retain your personal data. For certain purposes, we will inform you thereof within the applicable legal deadlines.
If it is unclear whether your personal data is inaccurate, incomplete or has been processed without right, you may ask us to restrict the processing of this data until the issues raised by you have been definitively resolved. At the same time, you have the right to oppose the processing of your personal data when we process this data on the basis of a legitimate interest. If you exercise your right to object, please state your reasons for doing so. If you give us a reasoned notice of opposition, we will examine the facts and either stop or adjust the processing operations, or we will inform you of the legitimate and justified reasons why further data processing is necessary.
In certain cases you also have the right to receive your personal data processed by us, in a format that can be read automatically at our discretion, or to instruct us to transmit such data directly to a third party of your choice; we will not oppose the transmission of the data to the third party of your choice in such a situation. As mentioned before, when we process your personal data. based on your consent. you have the right to withdraw your consent at any time, but this does not affect the processing carried out up to that point. You may exercise any of the rights mentioned above by a written request to any of the contact details in Section 8 below. Please let us know of any changes to your personal data that you have provided to us. Although we make every possible effort to guarantee the protection and integrity of your data, we cannot fully exclude the occurrence of possible contradictions regarding the nature of the use of your data. If you believe that we are using your data without right, you can file a complaint directly with the National Supervisory Authority for Personal Data Processing in Romania. However, we hope that you will first contact us so that together we can solve and eliminate any questions, uncertainties or other issues that you notice.
We have taken appropriate organizational and technical measures to ensure the protection of your personal data, in particular against unauthorized, unlawful or accidental access, processing, loss, use and modification. Although we strive to ensure an always high standard of security requirements, we cannot exclude the possibility that the information you have transmitted over the internet may be accessed or used by others, so please transmit as little data as possible over the Internet and without adequate security measures. We try to ensure that data security incidents are detected at the earliest possible stage and that they are immediately reported to you or to the competent authorities in accordance with the applicable legal provisions.
Depending on the purpose and extent of our mandate, as well as on the purposes of the data processing, we transmit your personal data to the following categories of persons:
-Recipients of customer data/customer representatives:
Recipients of data of our service providers / collaborators, respectively of their representatives:
Recipients of other third-party data:
Recipients of data used for marketing purposes:
Recipients of data submitted by candidates applying for vacant positions in Musat & Asociatii S.C.A.
Recipients of data used in the exercise of our rights:
In all the above cases, we will always ensure that the transfer of your personal data is not possible. your personal data is carried out in accordance with applicable data protection regulations and that we protect your data properly.
Some of the above recipients of your personal data may be located abroad or outside the EU/EEA. The level of data protection in countries outside the EU/EEA may not be similar to the level of protection in Romania. For this reason, we will only transfer your personal data to countries where the European Commission has decided that they have an adequate level of data protection, or we will take steps to ensure that all recipients maintain an adequate level of data protection; for this purpose, we will enter into standard contractual clauses with entities from such countries (https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/standard-contractual-clauses-scc/standard-contractual-clauses-international-transfers_en . We may also ask for your consent to the transfer of data, under the conditions permitted by GDPR.
Please contact us if you would like more details on the standard contractual clauses mentioned above.
We will not store your personal data. more time than is necessary to fulfill our contractual or legal obligations, or to enable us to establish, exercise and defend rights, if any, or for periods of time that we deem reasonable, if we use your personal data. personal for marketing purposes.
Thus, we will retain your personal data. for the entire duration of the contract concluded with you / your company, plus an additional period of 10 years, starting with the end of the calendar year in which we have completed the provision of our services to you / the company you represent, necessary to ensure that we can defend and exercise our rights in court, if any.
Also, the legislation in force requires us to keep (i) the data collected for the purpose of preventing money laundering for a period of 5 years, and (ii) your personal data. from the financial-accounting documents (such as invoices, tax receipts, receipts, records of the time spent by us providing our services) for a period of 5 and 10 years, respectively, depending on the document in question.
With regard to marketing activities, we will retain your data as follows:
– The data of the subscribers to the newsletter will be kept during the subscription period, until the revocation of your consent. to receive our newsletter;
– Data related to your participation at our Events will be kept for a period of 12 months in order to contact any future Events;
– In case you unsubscribe from the newsletter, or no longer wish to receive invitations to our Events we will keep your personal data. in the lists dedicated to this purpose for a period of 3 years to ensure that we do not transmit any such information to you later without your express consent;
– Your data posted on our social media pages or on https://avocat-musat.ro website will be stored for as long as it is relevant and up-to-date or until you ask us to delete your data from social media pages or the website.
We will keep the data transmitted when applying for a position within Musat & Asociatii S.C.A. until the completion of the recruitment process, as well as 3 years after filling the position to which you applied (general limitation period – for the purpose of exercising, defending or consisting of our rights if you file any challenge in court or before any public institutions / authorities regarding the way the recruitment process is carried out).
If you contact us by e-mail without us being in a contractual relationship with you or in any of the other hypotheses described in section 2 above, we will archive electronic correspondence with you for a maximum period of 3 years, unless it is necessary to keep it for a longer period for the finding, exercising or defending our rights.
For any requests, concerns or additional information in relation to your personal data, please contact us at any of the following contact details:
Musat & Asociatii S.C.A.
Iulius Town Timișoara – United Business Center 3, Piata Consiliul Europei, nr. 2E, et. 1, U3. E1.04, Timiş county.
You can also contact us by e-mail at: gdpr@avocat-musat.ro.