AGUIAR-BRANCO & ASSOCIADOS – SOCIEDADE DE ADVOGADOS, RL, processes and protects personal data, according to the rules and principals established by national and European legislation about personal data protection, especially, General Data Protection Regulation.
This Policy is also available on paper and it can be requested by writing or phone.
The present Policy is structured as follow:
1. The identity and contact details of the data controller;
2. The purpose and the legal basis of the processing;
3. The categories of personal data;
4. The source of personal data;
5. The categories of personal data recipients;
6. The storage period;
7. Data subject rights;
8. The restrictions to the rights;
9. The exercise of the rights;
1. THE IDENTITY AND CONTACT DETAILS OF THE DATA CONTROLLER
Your data will be processed by AGUIAR-BRANCO & ASSOCIADOS - SOCIEDADE DE ADVOGADOS RL, legal entity number 506565491, with its registered office at Rua da Restauração 329, 1.º, 4050-506, PORTO, website www.aguiarbranco.pt, e-mail address firstname.lastname@example.org, and phone number (+351) 220112220.
Aguiar-Branco & Associados is the personal data controller according to the General Data Protection Regulation.
2. THE PURPOSE AND THE LEGAL BASIS OF THE PROCESSING
Aguiar-Branco & Associados processes personal data with the following purposes and legal grounds:
· To provide legal services.
The legal basis is the execution of the mandate contract.
· To send service proposals and/or budgets.
The legal basis is the prosecution of the necessary pre contractual proceedings required by the potential client.
· To develop and manage our digital and physical documental archive.
The legal bases are both the execution of the mandate contract and the legitimate interest of Aguiar-Branco & Associados in our clients’ data processing, in order to provide a personalized legal service.
· To send legal background notes (“newsletter”).
The legal bases are your consent and the legitimate interest of Aguiar-Branco & Associados in responding to our clients’ expectations in obtaining current legal information and also in contribute to Law’s evolution and to clarify the community.
· To the recruitment
The legal basis is de prosecution of necessary pre contractual proceedings required by the candidate.
· To comply with legal obligations imposed to Aguiar-Branco & Associados.
The legal basis is the fulfillment of the legal obligations.
· To manage and processing salaries.
The legal basis is the execution of the employment contract.
· To invoicing and accounting management
The legal bases are the execution of the mandate contract and the compliance of legal requirements.
· To assure the exercise or defense of legal claims.
The legal basis is the legitimate interest of Aguiar-Branco & Associados in defending your rights.
3. THE CATEGORIES OF PERSONAL DATA
Personal Data consists in all the information referred to an identified or identifiable individual.
This definition covers, on one hand, personal data that enables to identify a person, directly and for itself, and, on the other hand, those personal data that even though doesn’t enable to identify directly the person in matter, it makes her identifiable.
Therefore, all de information that enables to identify individuals are personal data.
Aguiar-Branco & Associados can process the following categories of personal data:
i) Identification data, such as, name, date of birth, sex, marital status, address, contact details, nationality and other details related to the citizen card, passport or taxpayer number.
ii) Data related to academic qualifications such as, education, other qualifications, certifications, language skills and CV;
iii) Professional data and other details related to professional experience, such as, position, job function and description, company, company’s address and information about the previous employer.
iv) Professional activity data, such as, for instance, business activities, information about proceedings and work flow.
v) Financial data, such as pay slips and banking account number.
vi) Electronic mail messages.
vii) Data related to invoicing and expenses, such as fees, judicial fee and travel expenses.
The data subject is the individual whose personal data are processed.
The categories mentioned above can refer to different categories of data subjects, like potential clients, clients, workers of our corporate clients, opposing party and candidates.
4. THE SOURCE OF PERSONAL DATA
Aguiar-Branco & Associados can collect directly with the data subject his personal data through the form available on our web site (www.aguiarbranco.pt) or through other means of communication, for instance, when you send us an e-mail, when you subscribe our newsletter, when you hire our services, when you send us an application or when you enter into an employment contract with us.
Aguiar-Branco & Associados can, also, collect indirectly your personal data through other sources, both public – such as the Court, Regulatory Authorities, Government Institutions, Registy Offices and Tax offices – and private - like Lawyers. In these situations, where the personal data were not obtained directly with the data subject, Aguiar-Branco & Associados provides all information related to the data processing as soon as possible.
5. THE CATEGORIES OF PERONAL DATA RECIPIENTS
Aguiar-Branco & Associados does not communicate your personal data to others unless it’s necessary to i) the execution of the mandate contract or ii) the compliance with the legal obligations that are applicable to Aguiar-Branco & Associados.
Aguiar-Branco & Associados can reveal your personal data to the following entities:
i) Entities involved in the scope of our legal services provision, namely, opposing parties and their Lawyers, Court, Regulatory Authorities and Government Institutions;
ii) Public Authorities and Portuguese Bar Association in order to comply legal obligations.
iii) Service providers to Aguiar-Branco & Associados, such as, information technology suppliers, communication services, translation services, and digital and physical archive services.
6. THE STORAGE PERIOD
Your personal data will be stored by Aguiar-Branco & Associados only for the necessary period to fulfill the purposes for which they were collected.
Thereby, attending to the purpose of each processing, the personal data storage periods are the following:
· Provision of legal services: Data will be stored during all the execution of the mandate contract and then, for an additional 20 years.
· Development and management of digital and physical documental archive: Data will be stored during all the execution of the mandate contract and then, for an additional 20 years.
· Sending service proposals and/or budgets: If the proposal is not accepted, data will be stored for 5 years, starting from the request of the proposal by the data subject.
· Sending legal background notes (“newsletter”): If the legal basis for the data processing is the consent, data will be storage until the consent is withdrawn; if the legal basis is our legitimate interest, the data will be storage until the data subject expresses his objection.
· Invoicing and accounting management: 10 years
· Compliance with legal obligations: During the necessary period to comply legal obligations applicable in each case.
· Exercise or defense of legal claims in judicial or non judicial procedure: Concerning to judicial procedure, data will be storage until the sentence has the status of res judicata; Concerning to non judicial proceedings, until the conflict is ended.
· Recruitment: If the candidate is not selected, his data will be stored for 2 years after the application or the CV delivering.
· Management and processing salaries: Data will be stored as long as the employment relationship with Aguiar-Branco & Associados lasts.
Referring to the situation where personal data are processed for different purposes, with different storage periods, Aguiar-Branco & Associados can store those data for the longer period.
7. DATA SUBJECT RIGHTS
As data subject, you have the following rights:
· Right to access: You can obtain, at any time, from Aguiar-Branco & Associados, i) the confirmation of whether or not your personal data are being processed, ii) the access to your data; iii) a copy of your data in processing stage, iv) other information related to the processing which coincide, mostly, with the information we provide in this Policy.
· Right to Rectification: If the personal data referring to you is incomplete or inaccurate, you have the right to rectify or complete them.
· Right to erase: If your personal data are no longer needed for the purpose for which they were collected, or if you notice that the legal basis for the processing no longer exists, you can require the erasure of those personal data.
This right can be restricted in certain circumstances, for instance, when the processing is necessary i) to comply a legal obligation imposed to Aguiar-Branco & Associados, or ii) for the establishment, exercise or defense of legal claims.
· Right to restriction of processing: You can ask Aguiar-Branco & Associados to restrict the processing of your data under certain occasions, such as, when you contest the accuracy of your personal data, for the period enabling us to verify its accuracy, or when you object to the processing, pending the verification whether the legitimate grounds of Aguiar-Branco & Associados prevails over yours. When the processing is restricted, we can only preserve your data, and the processing can only occur under your consent or for the establishment, exercise or defense of legal claims, for the defense of other people’s or company’s rights or for Public Interest grounds.
· Right to the portability of the data: If the processing is made by automatic methods and if it’s based on your consent or on an agreement in which you are a party, you can require Aguiar-Branco & Associados the personal data that you provided to us, in a structured format of current use and automatic reading. You can also ask Aguiar-Branco & Associados to communicate your personal data to other entity, as long as that’s technically possible.
· Right to object the processing: With motives related to your particular situation, you have the right to object, at any time, to data processing that is based on the legitimate interest of Aguiar-Branco & Associados or when the data processing is not used for the purpose to what those data were collected.
In this case, Aguiar-Branco & Associados will no longer process the personal data unless there are compelling reasons for the processing and they prevail over your interests, rights and freedoms, or that the processing is necessary for the establishment, exercise or defense of legal claims.
· Right to withdraw consent: When the consent is legally necessary to process de data, you have the right to withdraw consent, at any time. The right to withdraw consent doesn’t affect the lawfulness of the processing based on the consent previously given. After withdraw of consent, Aguiar-Branco & Associados stops the data processing, pending the verification on another legal basis that allows that processing.
· Right to submit a complaint to a supervisory authority: You have the right to submit a complaint to the relevant supervisory authority, relative to data processing subjects. The relevant supervisory authority in Portugal is National Committee to the Data Protection and you can submit your complaint in the website www.cnpd.pt. .
8. THE RESTRICTIONS TO THE RIGHTS
The exercise of the rights mentioned above can be limited, in consequence of the compliance of legal obligations and our confidentiality duty, the legitimate interests of Aguiar-Branco & Associados and the existence of third parties’ rights and freedoms.
9. THE EXERCISE OF THE RIGHTS
Either you wish to exercise any of the rights recognized to you by the applicable legislation or, more importantly, by this current policy, or you have any doubt or question related to the processing of your personal data, you can contact us:
· E-mail: email@example.com
· Adress: Rua da Restauração, 329, 1.º, 4050-506, Porto
· Filling the form available in our website: www.aguiarbranco.pt