This subpage defines the rules for processing personal data of users of the Service available at the address https://www.kancelariakubiak.pl, as well as others contacting the law firm Kancelaria Radcy Prawnego Michał Kubiak based in Gdańsk, ul. Do Studzienki 63/4, 80-227 Gdańsk, email address: biuro@kancelariakubiak.pl and receiving the newsletter.
Familiarize yourself with the policy – you will learn who processes your data, for what purpose, and on what basis, as well as what rights you have. If you do not accept the content of this document, stop using the Service.
Every person using the Service remains anonymous until they decide to disclose their identity. As the Administrator, I ensure that I do not process any data without a legal basis. I process various types of personal data for different purposes – always in accordance with the law.
To ensure the safety of your data, I select technical measures that protect it, among other things, against disclosure to unauthorized persons or processing in violation of legal regulations. I have developed internal procedures to ensure the proper protection of your data, which I regularly monitor for compliance with applicable standards and regulations.
- Definitions
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- Service – website https://www.kancelariakubiak.pl
- Administrator – Michał Kubiak conducting business under the name Kancelaria Radcy Prawnego Michał Kubiak based in Gdańsk, ul. Do Studzienki 63/4, 80-227 Gdańsk, email address: biuro@kancelariakubiak.pl
- Reader – a natural person using the Service
- Potential Client – a person interested in the Administrator's offer
- Client – a person using the Administrator's offer
- Newsletter – a service allowing the Reader to receive free information from the Administrator at the provided email address
- User – a collective term for Reader, Potential Client, and Client.
- General provisions
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- The personal data of the Reader is processed in accordance with the Personal Data Protection Act, telecommunications law, the Electronic Services Act, as well as GDPR.
- The Administrator is aware of the risks associated with processing personal data on the Internet, and therefore declares that it makes efforts to ensure an appropriate level of privacy and security protection for Readers, Clients, and Potential Clients.
- The Service and the Administrator's services are not intended for children under 18 years of age nor directed at them, and the Administrator consciously does not collect information regarding children under 18 years of age.
- The Administrator undertakes to ensure that personnel authorized to process personal data is obligated to do so in accordance with the Administrator's internal procedures and the standards applicable to legal advisors.
- Scope of collected data
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- The Administrator processes the following personal data of the User: name and surname, email address, name of the cooperating organization, name of the branch of the cooperating organization.
- The Administrator collects and processes the User's personal data for the purpose of:
- concluding and executing the contract for the use of the Electronic Service;
- fulfilling obligations arising from legal regulations, including tax and accounting regulations;
- conducting judicial, arbitration, administrative, judicial-administrative, enforcement, and mediation proceedings,
- documenting contractual relations for evidentiary purposes for the duration of the limitation period for related claims;
- conducting direct marketing of services or goods offered by the Administrator, including through email correspondence of the newsletter type;
- handling complaints and claims arising from rights under warranty.
- Providing personal data referred to in paragraph 1 is not mandatory, but it is necessary for the Administrator to perform the activities indicated in paragraph 2.
- The Administrator allows the User to access free information in the form of a Newsletter through the Service. The User can unsubscribe from receiving the Newsletter at any time.
- The storage of cookies on the User's device is carried out in accordance with the consent expressed by the User in the cookie banner. These are data concerning activity – search history, clicks on the page, etc. The Administrator does not profile data, and the legal basis for processing this data is the legitimate interest of the Administrator related to the marketing of the website and services and the User's consent.
- When filling out the newsletter subscription form, the User's email address is processed, and the legal basis is the execution of the service contract. At the same time, emails will be sent based on telecommunications law and the consent expressed by the User.
- When filling out the contact form or choosing another way to contact the Administrator indicating the Reader's desire to become a Client or Potential Client, only the data provided by them will be processed – by default the email address and the resulting first and last name. The content of the form and the proposed service price is not evaluated by the IT system. Any data regarding potential issues related to the case, opposing parties, etc. are covered by the confidentiality arising from the principles of the legal advisor profession. The basis for processing is the preparation and execution of the contract.
- In the case of becoming a Client, "billing" data will be processed – first and last name, company, address, and VAT number. The basis for processing is the necessity for the Administrator to fulfill legal and tax obligations. The Administrator also reserves the right to process this data for the purpose of pursuing claims owed to them.
- In the case of Potential Clients, their data will be stored for a period allowing for the conclusion of the contract according to the conditions previously proposed by the Administrator. The basis for processing is the legitimate interest of the Administrator.
- The Administrator reserves the right to process the data of individuals for the purpose of creating records and registers of individuals resulting from data protection regulations and archiving and for the purpose of demonstrating facts of evidential and legal significance.
- The Administrator processes anonymized data related to the use of the Internet Service (e.g., the number of Users) to generate usage statistics for the Service. This data is collective and anonymous, i.e., it does not contain identifying features of individuals using the Service.
- Method of data processing
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- Using the Service is voluntary. Those sending information via the form located in the Service or directly to the Administrator's email address should be aware that this information may be published in the Service or the Administrator's social media channels in an anonymized form.
- Personal data of Readers, Clients, and Potential Clients will not be shared with third parties for marketing purposes.
- The Administrator shares personal data for the purpose of fulfilling contracts with employees and collaborators of the Administrator.
- Personal data concerning the User may be shared with authorized state bodies, i.e., the Police and organizational units of the prosecutor's office or the Presidents of UODO, UKE, UOKiK, or to other persons or third parties - to the extent that the obligation to provide them is imposed on the Administrator by law. Furthermore, personal data concerning Users may also be shared with entities providing accounting and bookkeeping services on behalf of the Administrator.
legal services based on a separate agreement
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- The Administrator shares data with the following third-party companies:
- entities based in the territory of the Republic of Poland
- accounting office – to the extent necessary to fulfill obligations
- cooperating lawyers – to the extent necessary to fulfill the service
- insurer – in the event of the necessity to fulfill the policy
- entities processing data outside the territory of the European Union
- Google – only non-identifying data analytically, Google Analytics for analyzing page statistics
- Facebook – social media plugins, commenting system, pixel supporting measuring effectiveness and optimizing ads
- The Administrator informs that the entities mentioned in point 5 b) are based outside the European Union, and therefore, under the provisions of the GDPR, they are treated as so-called third countries.
- Google Ireland Limited (registered office: Gordon House, Barrow Street Dublin 4 Ireland) – the collected data does not allow for the identification of a specific person, and more information about the privacy standards of the tool is available at the linkwww.google.com/intl/en/policies/privacy/partners/. In addition, by using the link below:https://tools.google.com/dlpage/gaoptoutthere is an option to disable activity measured by Google Analytics.
- Facebook (registered office: Facebook Inc., 1601 S. California Ave. Palo Alto, CA 94304, USA). The collected data generally does not allow for the identification of a specific person, and more information about the privacy standards of the tool is available at the linkhttps://www.facebook.com/legal/technology_terms.
- The above companies guarantee compliance with standards analogous to the Regulation regarding personal data protection, and the Administrator's use of their technology in processing personal data is lawful.
- The Administrator informs that due to not meeting the criteria for mandatory appointment, it has not appointed a Data Protection Officer. The Administrator is not a public authority or entity, and its main activity does not consist of processing operations that, due to their nature, scope, or purposes, require regular and systematic monitoring of individuals whose data is concerned, on a large scale. Furthermore, the main activity of the Administrator does not involve large-scale processing of special categories of personal data, and personal data concerning criminal convictions and legal infringements. Thus, the method of contact regarding personal data is the Administrator's email address.
- The Administrator, in accordance with applicable legal provisions, does not process personal data for an unlimited period, but:
- in the case of personal data, where the legal basis for their processing by the Administrator is that it is necessary for the proper performance of a contract – until the expiration of claims arising from that contract;
- in the case of personal data, where the basis for their processing by the Administrator is a legitimate interest – until that basis for processing ceases to exist, in particular until the expiration of claims of the Administrator and claims of the User arising from their legal relationship, the termination of the legal existence of the Administrator or the legally binding or final determination or judgment or satisfaction or defense of a claim or other right of the Administrator or User in judicial, arbitration, administrative, judicial-administrative, enforcement, or mediation proceedings;
- in the case of personal data, where the basis for their processing is that it is necessary to fulfill legal obligations imposed on the Administrator – until that basis for processing ceases to exist;
- in the case of personal data necessary for issuing invoices – for a period of 6 years;
- in the case of personal data necessary for sending the Newsletter – until the deletion or cessation of the provision of the Newsletter service by the Administrator.
- The period of data retention will not be shorter than required by applicable legal regulations (from specific laws) such as, among others: the Accounting Act, the Tax Ordinance.
- The Administrator counts the periods in years from the end of the year in which it started processing personal data, to streamline the process of deleting or destroying personal data. Counting the deadline for each event separately would pose a technical difficulty, hence establishing a single date for deleting or destroying personal data allows for more efficient management of this process.
- After this period, personal data will be irreversibly deleted or destroyed.
- User's obligations and rights
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- The User is obliged to use the Service in a manner consistent with the law and good customs, taking into account respect for personal rights and intellectual property rights of third parties.
- The User is obliged to provide data that is consistent with the actual state. The Administrator is not liable for any undesirable consequences and inaccuracies resulting from providing data inconsistent with the actual state.
- All content posted on the Service is protected by copyright and is the property of the Administrator or other persons explicitly designated as authors of a given content. The User bears full responsibility for any damage caused to the Administrator or another person designated as the author of a given content, resulting from the use of any content of the Service without the consent of the Administrator or the author.
- Any use by anyone, without the explicit consent of the Administrator, of any elements comprising the content and substance of the Service constitutes a violation of copyright.
- The Administrator ensures that the User can exercise the rights indicated below by contacting via email at: biuro@kancelariakubiak.pl
- User's rights include:
- The right to information– The Administrator, when collecting personal data, is obliged to provide the person from whom the data originates, information such as:
- its identity and contact details, and, where applicable, the identity and contact details of its representative,
- where applicable – contact details of the data protection officer,
- the purposes of processing personal data, and the legal basis for processing,
- information about the recipients of personal data or categories of recipients, if they exist,
- when applicable – information about the intention to transfer Personal Data to a third country or international organization,
- the period for which the personal data will be stored, and where that is not possible, the criteria for determining that period,
- information on whether the provision of personal data is a statutory or contractual requirement or a condition for entering into a contract and whether the data subject is obliged to provide the data and what the possible consequences of not providing the data are.
If the Administrator intends to further process personal data for a purpose other than the purpose for which the personal data was collected, he is obliged to inform the data subject of that other purpose and provide him with all other relevant information before such further processing.
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- The right to withdraw consent – The User has the right to withdraw consent to the processing of personal data at any time. However, the withdrawal of consent may prevent further use of services that, by law, the Administrator may only provide with consent. Furthermore, the withdrawal of consent does not render the processing of personal data prior to the withdrawal unlawful.
- The right to access personal data- The Administrator undertakes to confirm the processing of personal data if it is taking place. In such a case, the User has the opportunity to obtain a copy of the data and access it, as well as to obtain information contained in this Policy and other requested information.
- The right to rectify data – The Administrator, at the User's request, undertakes to rectify data (for incorrect data) and to supplement it (for incomplete data).
- The right to erasure of data (“right to be forgotten”) – The Administrator shall delete data at the request of the User in the event of withdrawal of consent, raising a legitimate objection to its use for marketing or statistical purposes, processing unlawfully, or when it is no longer necessary for the purposes for which it was collected or processed. The Administrator reserves the right to retain certain personal data to the extent necessary for backup purposes or for the establishment, exercise, or defense of claims and relations with state authorities.
- The right to restrict processing of data – in the case of questioning the accuracy of the data and the legality or necessity of its processing and raising an objection.
- The right to data portability – at the User's request, the Administrator will send the personal data in the form of a file in pdf format or another agreed format to the requester or directly to another Administrator indicated by him.
- The right to object to the use of data – if the Administrator processes data based on a legitimate interest, the User may object to their use. If the objection is justified, and the Administrator has no other legal basis for processing the data – the data subject to the objection will be deleted.
- In addition, the User hasthe right to lodge a complaint with the President of the Personal Data Protection Office.
- The Administrator indicates that he respects the rights related to personal data protection and strives to implement them to the highest possible degree. At the same time, these rights are not absolute, so a lawful refusal to implement them is possible – the Administrator ensures that any potential refusal is preceded by a necessary analysis of the issues and is made only in situations where refusal is necessary due to higher grounds than the interests of the User.
- Cookies
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- The Administrator's Service uses "cookies". These are short text information stored on the computer, phone, tablet, or other device of the User. They can be read by the Administrator as well as by systems belonging to other entities whose services are used (e.g., Facebook, Google). Cookies usually contain the name of the website from which they originate, the time they are stored on the end device, and a unique number. More information about cookies can be found atwww.allaboutcookies.org.
- Cookies used in the service do not store personal data or other information collected from the User. The service uses cookies to identify the browser session, which enables the use of service functions. The use of "cookies" techniques does not allow for the retrieval of any personal and address data of the Reader or any confidential information from his computer.
- Cookies are used for the following purposes: ensuring the security of services and preventing fraud, improving site performance, recording visits for marketing and statistical purposes, utilizing social features, supporting website personalization (e.g., saving language settings), remembering IP locations and time zones. Cookies may also be used and placed by partners cooperating with the Administrator – in which case they are subject to the cookie policies or privacy policies of the entities placing them.
- The Service contains social media cookies – they allow sharing content or commenting on it (for example, in accordance with these rules – https://developers.facebook.com/docs/web). When using this type of Service, the User's browser will establish a direct connection with the servers of these services.
- The scope and purpose of data collection, as well as the means of contact and the realization of rights or settings ensuring privacy protection, are described in the privacy policy of each service provider.
- Typically, the web browser by default allows the use of cookies on the device. The Administrator informs that the settings in the web browser can be changed – to completely block automatic handling of cookies or to request notification of each placement of cookies on the device.
- For Google Chrome users, instructions can be found here – https://support.google.com/chrome/answer/95647?hl=en.
- For Mozilla Firefox users, instructions can be found here – https://support.mozilla.org/en-US/kb/cookies-information-websites-store-on-your-computer.
- For Safari users, instructions can be found here – https://support.apple.com/pl-pl/guide/safari/sfri11471/mac.
- For Microsoft Edge users, instructions can be found here – https://docs.microsoft.com/en-us/microsoft-edge/edgehtml/index.
- For Internet Explorer users, the Administrator suggests switching to one of the above tools, and additionally, instructions can be found here – https://support.microsoft.com/en-US/topic/168dab11-0753-043d-7c16-ede5947fc64d.
- For Windows Phone users, instructions can be found here – https://support.microsoft.com/pl-PL/windows/3ebc303c-59c0-d367-3995-f258b184fabb.
- The Administrator feels obliged to warn that disabling or limiting the handling of cookies may cause difficulties in using the website and limit its functionality.
- Final provisions
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- The Administrator applies technical and organizational measures to ensure the protection of personal data being processed, appropriate to the threats and categories of data covered by protection, and in particular secures data against unauthorized access, removal by unauthorized persons, processing in violation of applicable regulations, as well as alteration, loss, damage, or destruction.
- The Administrator provides technical means to prevent unauthorized persons from acquiring and modifying personal data sent electronically.
- In matters not regulated by this Privacy Policy, relevant provisions of Polish and European law apply. This page may contain additional provisions regarding user privacy regulating specific issues – they take precedence over this Policy.
- The Administrator may periodically update this document by publishing new versions in the Service. Additionally, the Administrator may notify about changes to this Privacy Policy via email. Further use of the Service or further provision of personal data to the Administrator will be subject to the terms of the Privacy Policy in effect at that time.