Personal data protection policy
1.1 Protection of Your privacy when using our web page (www.odvjetnicki-ured-rakusa.hr) is of great importance to us.
For protection of Your personal data on this web page, Attorney at law Kristina Rakuša, Zagreb, 72 Draškovićeva Street, PIN: 07768738744, is responsible as the controller of personal data.
1.2 We process Your personal data in accordance with the General Data Protection Regulation (Regulation EU 2016/679) and in accordance with the Act on Implementation of General Data Protection Regulation (Official Gazette 42/2018).
We would also like to emphasize that, as attorneys at law, we are, pursuant to article 13 of the Attorneys at Law Act and articles 26-34 of the Attorneys’ Code of Ethics, obliged to keep as an attorneys’ at law secret everything that You as the client confide in us or what we found out while representing You as our client. The mentioned obligation refers both to our current and former employees.
1.3 By clicking and accepting this Personal data protection policy when visiting our web page, You confirm that You have read and understood the processing of personal data and that You agree with the processing of personal data as determined by this Policy.
For the purpose of protection of Your personal data, we took appropriate technical and organisational measures, which measures we continuously upgrade and which measures protect Your personal data from being lost, abused or accessed in an authorised manner.
We, however, cannot guarantee complete protection during the transfer of personal data to our web page or from our web page, and therefore it is extremely important that You also maintain Your computer security and that you consider the safe storage of Your personal data and their secrecy.
3. Categories of personal data and processing purpose
3.1 Category of client – we process the following personal data:
– identification data such as: first name and last name, PIN, address, number of ID card, photo, other data contained in the ID card;
– contact data such as: e-mail address, telephone number (number of the phone and/or mobile phone)
– bank data such as: IBAN, name of the bank; card type etc.
– data regarding other person – counterparties and attorneys, witnesses, expert witnesses, officials conducting procedures, employees of the courts and other state authorities, notary publics etc., which data are necessary for initiating and conducting of the procedures before the competent authorities, that is which data are generally necessary for representation of the clients or for providing other types of legal assistance; content of your requests and our answers, documentation that You provided us with, files notes (both regarding court files or out of court files), documentation regarding our services, evidences regarding provided services, costs calculations
– as well as all other data that you provide the Office with before or during the provision of legal assistance and which are necessary for provision of legal assistance
– special category of personal data: it can contain data which refer to racial or ethnic origin, political opinions, religion or philosophical beliefs, trade union membership, genetic data, biometric data, data concerning health condition, data concerning sex life, data concerning sexual orientation
- a) attorney at law services: the Office may process Your personal data in accordance with Attorneys at Law Act, provided power of attorney, concluded agreement or decision of the competent authority for the purpose of providing legal assistance, and particularly for the purpose of initiating and conducting of the procedures before the competent authorities, preparation of documents, generally for the purpose of representation and legal advisory. Therefore, we process Your personal data which are necessary to us for providing legal advices, preparation of documents (agreements, testaments, statements etc.), representation before the court and other competent authorities, as well as for out of court representation, and all in order to protect Your rights and legal interests.
Processing of personal data is based on contractual legal basis (agreement on representation or mandate agreement, or power of attorney) article 6 paragraph 1 a and b of the General Data Protection Regulation.
However, taking into a consideration the specificity of the profession of the attorneys at law, personal data processing is also based on article 6 paragraph 1 points d, e and f of the General Data Protection Regulation.
- b) Fulfilment of legal obligations
We process Your personal data in order to fulfil also our legal obligations as the controller. The Office is obliged to, in particular situations, process Your data in order fulfil its legal obligations. This kind of processing may derive from the obligatory provisions of the regulations, such as tax regulations, commercial regulations, regulations regarding the prevention of money laundering, criminal regulations etc., which means that it can be a result of supervision of the state authorities and controls, and as a result of the statutory obligation of data delivering.
The process is based on article 6, paragraph 1, point c of the General Data Protection Regulation.
- Category of data subject – request for exercising rights:
– e-mail address, first name, last name, telephone number (number of the phone and/or mobile phone)
– if needed the copy of the identification document (solely for determination of the identity of data subject)
Purpose of the personal data processing: legitimate interest – answer to Your request
3.3 Category of business partner:
– business partners physical person – identification data: first name and last name, PIN, etc,. contact details: address, telephone, mobile phone etc., bank data such as: IBAN, name of the bank; card type etc.
– contact person of the business partner – identification data: first name and last name, etc. contact details: address, telephone, mobile phone etc., data regarding the position as the employee employed with the business partner (position, department etc.)
Purpose of the personal data processing: personal data are processed for the purpose of exercising the rights and fulfilling the obligations deriving from the agreements concluded with the business partners, particularly for the purpose of issuance of the invoices for performed services. Certain personal data may be processed in case it is necessary to fulfil the legal obligations of the controller.
Personal data may be processed for the purposes of legitimate interests of the controller, such as: business communication, keeping records of business partners and evaluation of mutual cooperation.
4. Delivery of personal data
You are not obliged to deliver us Your personal data. However, delivery of personal data is mainly necessary for provision of our attorney at law services, that is for execution of the agreement, and therefore we have to stress out that without delivering us the personal data (depend on each particular case) we will not be able to provide You with the complete service of legal advisory and representation.
We collect Your personal data, along with the ones You delivered us personally, in case there is a need to collect them, exclusively for protection of Your rights and legal interests as our client, and from the state authorities and third person.
When we collect data of a person who is not our client, we collect them based on Your statements or based on the legal powers, contained in particular laws, that is based on the entering the publicly available registers.
Access to Your personal data may have attorneys at law, attorney trainees and other employees of the Office responsible for accounting, mail delivery and administration.
Access to Your personal data may have out of Office recipients only if that is necessary for performance of our attorney at law service or in case that derives from the legislation.
Out of office Recipients can be:
– competent state authorities (such as the Croatian Pension Insurance Institute and the Croatian Health Insurance Institute, Tax Administration, courts, Financial Agency, Ministry of Internal Affairs etc.)
– providers of accounting services and similar services to the controller
– providers of the IT services to the controller
– persons affiliated to the controller;
– banks, credit and financial institutions, etc.;
– notaries public; counterparties, representatives of the counterparties and employers of the counterparties;
– expert witnesses, court interpreters and translators;
– third person for the purpose of pursuing interests in relation with the purpose of provision of legal assistance or for the purpose of pursuing legitimate interest.
- Transferring data out of Croatia
In case the personal data are transferred out of Republic of Croatia, we will take necessary measures for protection of Your personal data in order to ensure that a third person to whom Your data are transferred provides the same level of protection of Your personal data as the one provided in the Republic of Croatia. At any moment You can, by contacting us using the contact details specified below, obtain an information from the Office whether Your personal data are transferred out of Croatia or not and the information about the taken protection measures.
8. Storage period
- a) Personal data from point 3.1 we are obliged to, pursuant to article 11, paragraph 2 of the Attorneys at Law Act, keep for ten years counting from the day the decision by which the procedure was concluded became legally effective. However, in case the enforcement procedure is pending, which enforcement procedure is based on the verdict which became final and enforceable, or the procedure is pending which is conducted by the legal remedy against the legally effective decision, or the procedure for protection of Your rights before the Constitutional Court or before the European Court of Human Rights is pending, etc., we keep the Your personal data during additional ten years counting from the day all legal remedies are used for the purpose of protection of Your rights and legal interests.
Exceptions to the mentioned are documents (testaments, contracts etc.) which You provided us with in order for us to keep those documents for You, and which documents we keep pursuant to Your request until you collect them.
Taking into a consideration specificities of the profession of the attorneys at law, as the controllers we may in particular cases, depending on special circumstances, for the purpose of protection of legitimate and legal interests keep the files during a longer period.
In case the compulsory regulations prescribe that we have to retain personal data during a longer period, then Your data shall be erased after the expiry of such period.
- b) Personal data mentioned in point 3.2 and 3.3. we keep for five years, unless legal claims have to be asserted or legal interests protected, or if the compulsory regulations prescribe a longer period for keeping personal data.
9. Web cookies
We only use web cookies which are necessary for appropriate functioning of this web site and we do not collect Your personal data by using web cookies.
Web page www.odvjetnicki-ured-rakusa.hr uses Google Analytics tool for statistical monitoring of the user activity. User activity is being monitored in order to ensure the appropriate functioning of the web page and for the purpose of improving the web page and user experience. Google Analytics does not enable the identification of users, although it processes some types of private data such as IP address. It is achieved by data aggregation and by anonymization techniques such as hiding the IP address.
Detailed information on this service and cookies which are used, as well as on the possibilities of the users to regulate monitoring of its own activity, are available on the internet page: https://www.google.com/analytics/learn/privacy.html.
11. Your rights
11.1 Right to access – you may request for a certificate on whether Your data are processed or not and for which purpose they are processed and to what extend are they processed.
11.2 Right to rectification – in case we process Your personal data which are incorrect of incomplete.
11.3 Right to erasure – You may request erasure of Your personal data in case the purpose for which they were collected does not exist anymore, or in case they were unlawfully processed, or in case the processing of Your data disproportionally affects Your protected legitimate interests, or in case the data processing is based on Your approval which You withdrawn.
However, it is necessary to take into a consideration other possible reasons which could be opposite to a complete erasure of Your personal data, such as retention of Your personal data prescribed as obligatory by the law, existence of asserted legal claims or legal interests that have to be protected, etc.
11.4 Right to data transfer – data which You provided us with and which we process pursuant to Your approval or in order to perform the contract, and which are processed by automated means, we shall forward to You at Your request in a structured, usual and machine-readable form. In case it is technically available, we can directly transfer those data to another controller at your request.
11.5 Right to restriction of processing – You have a right to request a restriction of processing of Your data:
– in case You contest the accuracy of Your personal data, for a period which enables us to verify the accuracy of the personal data
– in case the process is unlawful, but You opposed the erasure of the personal data and instead of that You request the restriction of their process
– in case we do not need the data for the purpose of processing, and You still require the data for the establishment, exercise or defence of legal claims
– in case You objected to processing of the personal data pending the verification whether the legitimate grounds of the controller override Yours
11.6 You have the right to object at any time to processing of Your personal data pursuant to article 6 paragraph 1 point f of the General Data Protection Regulation, hence, in case we process Your personal data in public interest or the process is based on the needs of our legitimate interests.
* When exercising Your rights, please remember to provide us with a proof based on which we will undoubtedly be able to determine Your identity (personal identification document)
11.7 Right of appeal – in case You believe that when processing Your personal data we violated regulations on personal data protection and by doing that we violated Your interests, rights and freedoms, please be so kind to contact us so that we could clarify all possible issues.
Besides contacting us directly, by filing an appeal or an objection, You can contact the supervisory authority for protection of the personal data in the Republic of Croatia – Agency for Protection of Personal Data (AZOP), 14 Martićeva Street, 10000 Zagreb.
11.8 We will provide the information on taken measures not later than within one month counting from the day we received Your request.
In case processing of Your request is complex, or there is a large amount of requests, the mentioned time period can be extended for additional two months, however we will inform you about the reasons of the extension.
Also, in case we are not able to act pursuant to Your request, we will inform You about our decision, which shall include an explanation of such decision and information on objection or appeal which can be filed with the Agency for protection of Personal Data.
In case the requests are obviously groundless or immoderate, particularly because they were repeated on multiple occasions, we may charge You a reasonable fee based on the administrative costs or we may decide not to act upon Your request.
12. Automated processing including profiling
When providing our attorney at law services, the service of automated processing and profiling pursuant to article 22 of the General Data Protection Regulation is excluded.
13. Conditions and amendments
For execution of Your rights and for all additional questions, please contact us:
Contact details of the controller:
ATTORNEY AT LAW KRISTINA RAKUŠA
Draškovićeva 72, Zagreb
Telephone: 01/5613 513
Fax: 01/6044 433
Zagreb, May 25, 2019