N&A is committed to protecting your privacy. This Privacy Notice ("Notice") and any other documents referred to in it, sets out the types of personal information we collect, how we collect and process that information, who we share it with in relation to the services we provide and certain rights and options that you have in this respect.

Who is responsible for your personal data?

Nicolae și Asociații SPARL, a Romanian law firm, with its headquarter in Bucharest, 22A Muzelor Street, 4^th Floor, District 4, Romania (”N&A” or ”the Law Firm”) is responsible for your personal data.

For the purposes of applicable data protection law (in particular, the General Data Protection Regulation (EU) 2016/679) (the "GDPR"), your data will be controlled by N&A.

Personal data we collect

We collect and process the following personal data from you:

Identity and Contact Data, including your name, address, telephone number, date of birth, marital status, identity card details, passport number, educational or professional background, tax status, job title and function, and other personal data concerning your preferences relevant to our services;

Financial and Payment Data, including your bank account and other data necessary for processing payments and fraud prevention, including credit/debit card numbers, other related billing information;

Business Information, including information provided in the course of the contractual or client relationship between you or your organization and N&A, or otherwise voluntarily provided by you or your organization;

Information relevant to our legal advice, including personal data relevant to any dispute, consultancy, investigation, arbitration, or other legal advice we have been asked to provide to our client;

Technical Data, including information collected during your visits to our website(s), the Internet Protocol (IP) address, login data, browser type and version, device type, time zone setting, browser plug-in types and versions, operating system and platform.

Physical Access Data, relating to details of your visits to our premises;

Sensitive personal data: In the course of our client services, we may represent you and/or your organization in legal matters that require us to collect and use sensitive personal information relating to you (that is, information about your racial or ethnic origin, political opinions, religious beliefs, trade union activities, physical or mental health, sexual life and sexual orientation or details of criminal offences, or genetic or biometric data)

For example, if we represent you in a criminal case, we will collect information about the alleged offences and any related criminal history. In some employment representations, such as disputes involving alleged discrimination, information about medical conditions, race, religion and/or sexual orientation may be relevant to the representation. Similarly, representations in tax or social security matters may also require us to collect sensitive personal information, such as if we are advising on whether certain disabilities qualify for social security or tax benefits. Where we process sensitive personal information in the course of these and other similar client services, we do so to assist you and/or your organization to establish, exercise or defend legal claims or to assist you and/or your organization in fulfilling the rights and obligations of applicable employment or social security laws.

Information about other people

If you provide information to us about any person other than yourself, your employees, counterparties, your advisers or your suppliers, you must ensure that they understand how their information will be used, and that they have given their permission for you to disclose it to us and for you to allow us, and our outsourced service providers, to use it.

How do we collect your personal data?

The circumstances in which we can collect personal data about you include:

when you or your organization seek legal advice from us or use any of our online client services;

when you or your organization offer to provide, or provides, services to us;

when it is provided to us by a third party because you are the subject of, or your data is otherwise included in, legal advice we are asked to provide to that third party client (for example, where we are asked to provide advice in an employment dispute, or where you are the subject of an investigation we are asked to conduct);

when you correspond with us by phone, email or other electronic means, or in writing, or when you provide other information directly to us, including in conversation with our lawyers, consultants and staff;

when you or your organization browse, complete a form or make an enquiry or otherwise interact on our website or other online platforms;

when you attend our seminars or other events or sign up to receive personal data from us, including training;

If you fail to provide personal data

Where we need to collect personal data by law or in order to process your instructions or perform a contract we have with you and you fail to provide that data when requested, we may not be able to carry out your instructions or perform the contract we have or are trying to enter into with you. In this case, we may have to cancel our engagement or contract you have with us, but we will notify you if this is the case at the time.

How will we use your personal data?

We use your personal data only for the following purposes:

To fulfil a contract, or take steps linked to a contract, with you or your organization. This includes: (a) to register you as a client of N&A; (b) to provide and administer legal services or other services or solutions, as instructed by you or your organization; (c) to process payments, billing and collection; and (d) to process applications for employment.

As required by N&A to conduct our business and pursue our legitimate interests, in particular: (a) to administer and manage our relationship with you, including accounting, auditing, and taking other steps linked to the performance of our business relationship including identifying persons authorized to represent our clients, suppliers or service providers; (b) to carry out background checks, where permitted; (c) to analyses and improve our services and communications and to monitor compliance with our policies and standards;(d) to manage access to our premises and for security purposes; (e) to protect the security of our communications and other systems and to prevent and detect security threats, frauds or other criminal or malicious activities;(f) for insurance purposes;(g) to exercise or defend our legal rights or to comply with court orders; (h) to provide legal advice and legal services to our clients; and (i) to communicate with you to keep you up-to-date on the latest developments, announcements, and other information about our services and solutions (including briefings, newsletters and other information), events and initiatives; to send you details of client surveys, marketing campaigns, market analysis, or other promotional activities; and (j)to collect information about your preferences to personalize and improve the quality of our communications with you.

Please note that we will only provide you with marketing related information when we have a previous contractual relationship or a business relationship with you and provided you do not opt-out to receive those communications. You have the opportunity to opt-out at any time as explained in the "Right to withdraw consent" section of this Notice.

For purposes required by law, including maintaining records, compliance checks or screening and recording (e.g. anti-money laundering, financial and credit checks, fraud and crime prevention and detection, trade sanctions and embargo laws). This can include automated checks of personal data you provide about your identity against relevant databases and contacting you to confirm your identity, or making records of our communications with you for compliance purposes.

 

We will not use your personal data for taking any automated decisions affecting or creating profiles other than as described above.

Disclosure of your personal data

We share your personal data, in the following circumstances:

with third parties including certain service providers we have retained in connection with the legal services we provide, such as attorneys, accountants, consultants, mediators, or experts and other legal specialists such as law firms for obtaining specialist or foreign legal advice, translators, education evaluation services, couriers, or other necessary entities;

if we have collected your personal data in the course of providing legal services to any of our clients, we may disclose it to that client, and where permitted by law to others for the purpose of providing those services;

with courts, law enforcement authorities, regulators, government officials or attorneys or other parties where it is reasonably necessary for the establishment, exercise or defense of a legal or equitable claim, or for the purposes of a confidential alternative dispute resolution process;

with service providers who we engage within or outside of N&A, domestically or abroad, e.g.

if we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets to whom we assign or novate any of our rights and obligations.

Information we transfer

When we transfer your information to other countries, we will use, share and safeguard that information as described in this Notice. To provide legal and other services, we may transfer the personal information we collect to countries outside of the EEA which do not provide the same level of data protection as the country in which you reside and are not recognized by the European Commission as providing an adequate level of data protection. We only transfer personal information to these countries when it is necessary for the services we provide you, or it is necessary for the establishment, exercise or defense of legal claims or subject to safeguards that assure the protection of your personal information, such as European Commission approved standard contractual clauses.

For further information, including obtaining a copy of the documents used to protect your information, please contact us on office@nlaw.ro.

Security of your personal data

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed.

We have also put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

 

Updating personal data about you

If any of the personal data that you have provided to us changes, for example if you change your email address or if you wish to cancel any request you have made of us, or if you become aware we have any inaccurate personal data about you, please let us know by sending an email to office@nlaw.ro. We will not be responsible for any losses arising from any inaccurate, inauthentic, deficient or incomplete personal data that you provide to us.

Your rights and how you may exercise them

You have various rights with respect to our use of your personal data:

Right to be informed. When personal data is collected from you or from another source, we have the obligation to inform you of the purpose for which we are using this data and of your rights.

Right of access by the data subject. You have the right to request information regarding the personal data we hold about you, including information regarding the categories of data that we hold or control, for what they are being used, their source, if they were not directly obtained and with who such data is being shared with, if any. We will give you a copy of your personal data by request. If you request multiple copies of your personal data, we may perceive a reasonable fee based on administrative costs.

Right to rectification. If the personal data we are processing is inaccurate, you have the right to ask for rectification of such personal data.

Right to erasure (‘right to be forgotten’). You have the right to obtain the erasure of you personal data processed by the Law Firm. N&A aims to process and store your personal data only for as long as it is necessary.

Right to restriction of processing. You may obtain restriction of processing of your personal data, if one of the following applies: (a) You contest the accuracy of your personal data, for a period enabling the Law Firm to verify the accuracy of such data; (b) The processing is unlawfull and you oppose to erasure of your personal data, and request restriction of the use of such data instead, (c) The Law Firm no longer needs your personal data for the purposes of processing, but you request them for the establishment, exercise or defence of legal claims, or (d) You objected to processing of your personal data, for the period of time the Law Firm checks whether our legitimate grounds override your own.

Right to object to processing of personal data that concerns you. In some circumstances, you have the right to object to processing of your data by or for the Law Firm. If the processing is not based on your consent, but on our legitimate grounds or those belonging to a third party, you may object, on grounds related to your particular situation, at any time to the processing of your personal data. In such cases, we will stop processing your data, except if (a) we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or (b) if the purpose of the processing is the establishment, exercise or defence of legal claims.

Right to data portability. You have the right to receive the personal data that concerns you, which you provided to the Law Firm and when technically feasible, you may ask the Law Firm to transmit such data (the data which you provided) to another organization.

Right to withdraw your consent. If the processing of your data is based on your consent, you have the right to withdraw your consent; you may do so at any time, at least as easy as giving us your initial consent. The withdrawal of your consent will not affect the lawfulness of your data processing that the Law Firm performed prior to withdrawal;

Right to lodge a complaint with a supervisory authority. If you are not satisfied with the way the Law Firm is processing your data, we woud preffer you to contact us directly in order for us to be able to solve your problem. However, if you continue to be dissatisfied, you may also contact  the National Supervisory Authority for Personal Data Processing (www.dataprotection.ro): Address:  G-ral. Gheorghe Magheru Blvd., Bucharest, Romania; Phone number: 40.318.059.211/ +40.318.059.212, Fax:  +40.318.059.602; E-mail: anspdcp@dataprotection.ro.

Right to address the court. Moreover, it is important for you to know that if you believe that the rights you are entiteled to under the Regulation have been violated as a result of processing your personal data with disregard to its provisions and without prejudice to your right to lodge a complaint with a supervisory authority, you have the right to address the court, by registering an appeal against the Law Firm.

You may, at any time, exercise any of the above rights, by contacting office@nlaw.ro together with a proof of your identity, i.e. a copy of your ID card, or passport, or any other valid identifying document.

How long we keep your personal data

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements and, where required for N&A to assert or defend against legal claims, until the end of the relevant retention period or until the claims in question have been settled.

If you want to learn more about our specific retention periods for your personal data established in our retention policy you may contact us at office@nlaw.ro

Upon expiry of the applicable retention period we will securely destroy your personal data in accordance with applicable laws and regulations.

Changes to our Privacy Notice

We reserve the right to update and change this Notice from time to time in order to reflect any changes to the way in which we process your personal data or changing legal requirements. Any changes we may make to our Notice in the future will be posted on this page and, where appropriate, notified to you by email. Please check back frequently to see any updates or changes to our Notice.

Contact Details

Questions, comments and requests regarding this Notice are welcomed and should be addressed to our Law Firm, office@nlaw.com, or send a letter to Nicolae și Asociații SPARL, Bucharest, Romania, 22A Muzelor Street, 4^th Floor, District 4.