ESB’S PRIVACY POLICY

I. About Privacy Policy

  1. In compliance 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 also referred to as: “GDPR”), this privacy policy (hereinafter also referred to as: “Privacy Policy”) stipulates the rules of processing of personal data by esb Matczuk, Matuszak-Leśny Adwokaci i Radcowie Prawni sp. p. with registered office in Warsaw (02-070), Solariego 4/2 Street, entered into entrepreneur register of National Court Register by the District Court for the capital city of Warsaw in Warsaw, XII Commercial Division of National Court Register under the number: 0000700338, NIP: 7010745886, REGON: 368560656 (hereinafter also referred to as: „esb”).

II. General information – Processing of personal data by esb

  1. Privacy Policy refers to processing of personal data of following categories of persons by esb:
    1. esb’s clients being the natural persons (including entrepreneurs), for whom esb provides legal services (hereinafter also referred to as: „Clients”);
    2. esb’s contractors being the natural persons (including entrepreneurs) (hereinafter also referred to as: „Contractors”);
    3. representatives, employees and associates of Clients (and clients who are not natural persons) and Contractors (and contractors who are not natural persons) (hereinafter also referred to as: „Representatives”);
    4. persons contacting esb or with whom esb contacts, by phone, e-mail or via another communication channel.
  2. esb is a controller.
  3. You may contact esb:
    1. by a letter: esb Matczuk, Matuszak-Leśny Adwokaci i Radcowie Prawni sp. p., Solariego 4/2 Street, 02-070 Warsaw
    2. by an email: biuro@esb-legal.pl
    3. by phone: +48 22 401 06 13
  4. Persons whose personal data are processed by esb will not be a subject to a decision based solely on automated processing, including profiling.
  5. Personal data processed by esb may be disclosed to the following entities: employees and associates of esb, IT service providers, hosting providers and others service providers on the basis of an appropriate entrustment agreement. Only personal data that are necessary for the performance of the contract between esb and such service provider will be disclosed to these entities.
  6. Personal data processed by esb may be also disclosed to entities and authorities authorized to process such data on the basis of legal provisions.
  7. esb does not intend to transfer personal data to countries outside the European Economic Area or to an international organization.

III. Clients’ personal data

  1. Clients’ personal data are processed for the following purposes:
    1. conclusion and performance of the agreement on legal services provision between Client and esb:
      • in the respect to special categories of personal data (e.g. data concerning health) – on the basis of the Article 9 sec. 2.f) of the GDPR, i.e. processing is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity;
      • in the respect to the rest of personal data – on the basis of the Article 6 sec. 1.b) of the GDPR, i.e. processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract; and on the basis of the Article 6 sec. 1.c) of the GDPR, i.e. processing is necessary for compliance with a legal obligation to which esb is subject, and arising from the provisions governing the conduct of proceedings before courts and administrative authorities, in particular the provisions of the Civil Procedure Code, the Code of Criminal Procedure, the Code of Administrative Procedure;
    2. protection of the vital interests of Clients or of another natural person:
      • in the respect to special categories of personal data – on the basis of the Article 9 sec. 2.c) of the GDPR, i.e. processing is necessary to for to protect the vital interests of the data subject or of another natural person where the data subject is physically or legally incapable of giving consent;
      • in the respect to the rest of personal data – on the basis of the Article 6 sec. 1.d) of the GDPR, i.e. processing is necessary in order to protect the vital interests of the data subject or of another natural person;
    3. tax settlements and keeping accounting records - on the basis of the Article 6 sec. 1.c) of the GDPR, i.e. processing is necessary for compliance with a legal obligation to which esb is subject, and arising from the provisions of tax law and accounting regulations;
    4. establishing, exercising or defending any claims between Client and esb:
      • in the respect to special categories of personal data (e.g. data concerning health) – on the basis of the Article 9 sec. 2.f) of the GDPR, i.e. processing is necessary to for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity;
      • in the respect to the rest of personal data – on the basis of the Article 6 sec. 1.f) of the GDPR, i.e. on the basis of the legitimate interest pursued by esb, which is the possibility of pursuing claims and defending against claims.
  2. Provision of personal data by Client is voluntary, however, it is necessary for the conclusion and performance of an agreement on legal services provision (failure to provide personal data results in the inability to conclude and perform the above agreement).
  3. Personal data will be processed for the period necessary to achieve the purposes for which the data are processed (see point 9) or until the objection is filed (if the basis for processing is the legitimate interest of esb) – depending on which event occurs earlier.
  4. Later, esb will store personal data until the potential claims are prescribed or until obligation to store data resulting from the law (e.g. tax law) expires – depending on which event occurs earlier.

IV. Contractors’ personal data

  1. Contractors’ personal data are processed for the following purposes:
    1. conclusion and performance of the agreement between Contractor and esb – on the basis of the Article 6 sec. 1.b) of the GDPR, i.e. processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;
    2. tax settlements and keeping accounting records - on the basis of the Article 6 sec. 1.c) of the GDPR, i.e. processing is necessary for compliance with a legal obligation to which esb is subject, and arising from the provisions of tax law and accounting regulations;
    3. establishing, exercising or defending any claims between Contractor and esb – on the basis of the Article 6 sec. 1.f) of the GDPR, i.e. on the basis of the legitimate interest pursued by esb, which is the possibility of pursuing claims and defending against claims.
  2. Provision of personal data by Contractor is voluntary, however, it is necessary for the conclusion and performance of an agreement (failure to provide personal data results in the inability to conclude and perform the above agreement).
  3. Personal data will be processed for the period necessary to achieve the purposes for which the data are processed (see point 13) or until the objection (if the basis for processing is the legitimate interest of esb) – depending on which event occurs earlier.
  4. Later, esb will store personal data until the potential claims are prescribed or until obligation to store data resulting from the law (e.g. tax law) expires – depending on which event occurs earlier.

V. Representatives’ personal data

  1. Representatives’ personal data come from the following sources:
    1. personal data of the persons representing esb’s clients and esb’s contractors are provided to esb by esb’s client or esb’s contractor who the persons represent, or are provided directly to esb by the representatives;
    2. personal data of the employees and associates of esb’s clients and esb’s contractors are provided to esb by esb’s client or esb’s contractor who is an employer of such persons, or are provided directly to esb by the employee or associate of client or contractor;
      • esb receives these personal data in connection with the conclusion and performance of the contract between the client or contractor with esb, in particular to indicate persons signing a contract on behalf of and for the client or contractor or to provide contact persons in connection with the performance of such contract.
  2. esb will process the following categories of personal data:
    1. representatives of clients and contractors - identification data (i.e. names, surnames, name of the entity which the person represents, name of the position/ name of the function performed), data concerning granted authorization (i.e. the date of the authorization granted, the type and scope of the authorization granted);
    2. employees and associates of clients and contractors – identification data (i.e. names, surnames, name of the entity employing the given person, name of the position/ name of the function performed, scope of matters dealt with by the person), contact details (i.e. the number of the business telephone, e-mail address).
  3. Representatives’ personal data are processed for the following purposes:
    1. conclusion and performance of the agreement between client or contractor and esb, in particular verifying the authorization of a person concluding a contract with esb on behalf of a client or contractor and contacting persons designated in such a contract as contact persons in connection with the performance of that contract – on the basis of the Article 6 sec. 1.f) of the GDPR, i.e. on the basis of the legitimate interest pursued by esb and client or contractor, which is which is enabling esb and, respectively, the client or contractor, to efficient day-to-day perform the contract and enable esb to verify the authorization of the person concluding the contract with esb on behalf of the client or contractor;
    2. establishing, exercising or defending any claims between client or contractor and esb – on the basis of the Article 6 sec. 1.f) of the GDPR, i.e. on the basis of the legitimate interest pursued by esb, which is the possibility of pursuing claims and defending against claims.
  4. Personal data will be processed for the period necessary to perform the contract between esb and, respectively, the client or contractor.
  5. Later, esb will store personal data until the potential claims connected with the above contract are prescribed.

VI. Personal data of persons contacting esb or with whom esb contacts

  1. Personal data of persons contacting esb or with whom esb contacts via any communication channel (i.e. by phone or e-mail) are processed for the following purposes:
    1. communication with this person in relation to a contact with esb initiated by such a person, in particular to respond to a question - pursuant to Article 6 sec. 1.f) of the GDPR, i.e. on the basis of a legitimate interest pursued by esb, which is communication with the person who initiated contact with esb, in particular to respond to a question asked;
    2. establishing cooperation with the entity which the given person represents or cooperates with – pursuant to Article 6 sec. 1.f) of the GDPR, i.e. on the basis of a legitimate interest pursued by esb, which is establishing and maintaining relationships as part of business activity;
    3. establishing, exercising or defending any claims between a subject of the personal data (or an entity which this person represents) and esb – on the basis of the Article 6 sec. 1.f) of the GDPR, i.e. on the basis of the legitimate interest pursued by esb, which is the possibility of pursuing claims and defending against claims.
  2. Provision of personal data by a person who contacts esb is voluntary, however,provision of data in the scope of a number of the telephone or e-mail address is necessary to communicate with such a person, in particular to answer asked question (failure to provide personal data results in the inability to contact with this person, in particular to answer asked question).
  3. The personal data will be processed for the period necessary to achieve the purposes for which the data are processed (see point 22) or until the objection is filed – depending on which event occurs earlier.
  4. Later, esb will store personal data until the potential claims are prescribed.

VII. Common provisions – rights of the persons whose personal data are processed by esb

  1. Person whose personal data are processed by esb has:
    1. the right to access personal data;
    2. the right to request their rectification,
    3. the right to request erasure;
    4. the right to request restriction of their processing;
    5. the right to transfer personal data, i.e. to receive from esb personal data, which have been provided to esb by such a person, in a structured, commonly used, machine-readable format. This person may request esb to send these data to another controller;
    6. to the extent that the legal basis for the processing of the personal data is the legitimate interest pursued by esb, the person has the right to object to the processing of personal data.
  2. In order to exercise the above rights, please contact esb using the above contact details (contact details indicated above - see point II.4).
  3. In addition, a person whose personal data are processed has the right to lodge a complaint with the supervisory body dealing with the protection of personal data (the President of the Office for Personal Data Protection), if such a person thinks that the data processing violates the GDPR.

VIII. Amendments to Privacy Policy

  1. esb is entitled to amend the Privacy Policy, if at least one of the important reasons indicated in the following catalog occurs:
    1. change of the provisions of applicable law, which regulates the conduct of the activity by esb;
    2. the need to adapt the Privacy Policy to applicable law or the need to make editorial changes in the Privacy Policy;
    3. changing the way of running or operating the website www.esb-legal.pl, which will be caused by objective and independent reasons of a technological or technical nature;
    4. changing of the conditions of using the website www.esb-legal.pl, which will not worsen the situation of persons using the website www.esb-legal.pl, compared to the previous ones;
    5. the need to update the information indicated in the Privacy Policy.

   Our site uses cookies. We use cookies to enable proper operation of our website, to keep anonymous statistics and other analytical activities depicting the way users use the website. By continuing to use the website, you agree to their storage or use.

The user can independently change the conditions for storing cookies in the web browser he uses. More information, in particular regarding the processing of personal data, can be found in the Privacy Policy available here.