Data Protection Policy
The use / navigation on the site www.avocatar.ro (hereinafter referred to as the "Site") by the users represents the acceptance of the terms and conditions of use governing the relationship between the user and the Lawyer Adrian Rusu (hereinafter referred to as the " AVOCATAR ").
AVOCATAR has made this Site a source of information, in compliance with the applicable legal rules on copyright, confidentiality and advertising rules provided by Law no. 51/1991 for the organization and exercise of the lawyer profession and of the Statute of the lawyer's profession, according to the latest additions and modifications.
Using or visiting the Site implies acceptance by the users of the terms and conditions described below.
Limitation of liability
AVOCATAR will make reasonable efforts to ensure the accuracy of the Site and will do all due diligence to correct the errors and omissions as quickly as possible. However, AVOCATAR is not responsible for any inaccuracies, errors or omissions of the information provided. The user expressly accepts that AVOCATAR will not be held responsible for any direct / indirect, minor / major or incidental damages, including, but not limited to, profit, commercial or other incorporeal: Use of Site Information or any other matter relating to this Site. The content of this Site is for your information only, is not a means of advertising and can not be interpreted as an offer to contract certain legal services.
Use of this Site and all information contained, downloaded, or accessed from the Site is made available without warranties of any kind and without the pursuit of a specific purpose or infringement of the rights of a third party. AVOCATAR will not be responsible for any problem or malfunction of networks or telephone lines, online Internet systems, servers, Internet access providers, equipment, computers, programs, or any other element that may cause personal computer corruption as a result of the use of this Site.
AVOCATAR reserves the right to modify, prohibit the access or suspend temporary or permanent any part of this Site or any information contained therein without the obligation to notify users. These changes will take effect as of their publication on this Site.
Visitors and users of this Site accept and agree to use the information at their own risk. AVOCATAR will not be liable for any direct, indirect, damages caused by the use of this Site.
The information contained in this Site: (i) is only of a general nature and is not intended to address specific circumstances of any person or entity; (ii) they are not exhaustive, accurate or up to date; (iii) sometimes refer to external sites on which the AVOCATAR does not exercise any control and for which he assumes no responsibility; (iv) does not constitute and can not substitute for a legal expert opinion in any area of law.
AVOCATAR does not guarantee and will not guarantee that an on-line document reproduces exactly the text formally adopted.
The legal bases of processing personal data
A. Consent-based processing (art. 6 par. (1) letter (a) of GDPR]
In the AVOCATAR activity, data processing based on the consent of the data subjects may be varied depending on the specific activities carried out and the aims pursued. For example, personal data processing of clients for promotional purposes (transmission of legal alerts / newsletters via e-mail) is done on the basis of free, specific, informed and unambiguous consent legally obtained from clients.
B. Processing required to conclude and execute a contract [Art. 6 par. (1) letter. b) from GDPR]
This type of processing takes place, for example, when the initiative for concluding a legal aid contract belongs to a new client, a natural person. AVOCATAR will also process the contact details of a new collaborating lawyer in order to conclude the collaboration agreement.
C. Processing Required to Comply with a Legal Obligation (Art. 6 par. (1) letter c) of GDPR]
The processing of personal data on the basis of the need to comply with a legal obligation implies the existence of an imperative legal rule applicable to the AVOCATAR. In this case, processing is necessary to comply with the legal obligation.
1. Laws on the prevention and sanctioning of money laundering and the prevention and combating of terrorist financing (Law No. 656/2002 on the prevention and sanctioning of money laundering, as well as on measures to prevent and combat terrorism financing) have some obligations implementing specific customer knowledge and reporting suspicious transactions. The processing of personal data necessary for the fulfillment of these obligations is based on the legal obligation.
2. Attorneys have the obligation to maintain specific records of their activity, such as the Electronic Register of Documents drawn up by the lawyer. The processing of personal data made for this purpose is based on the legal fulfillment of a legal obligation.
D. Processing required to carry out a task in the public interest (Art. 6 par. (1) letter e) of GDPR]
According to art. 39 of the Law no. 51/1995, in the exercise of their profession, lawyers are indispensable partners of the judiciary. Therefore, the professional activity of the lawyer is exercised for the purpose of justice, thus serving a public interest. In this case, the basis on which the AVOCATAR is processing the personal data is the one stipulated in art. 6 par. (1) letter e) from GDPR. In order to carry out professional work for the purpose of justice, the lawyer processes the personal data of adverse parties or third parties. The basis of such processing is not the consent of the data subjects but also the legal assistance contract concluded with the client. The legal basis is the fulfillment of a task that serves a public interest.
The personal data of minors
AVOCATAR does not solicit and does not intentionally collect personal data from minors. In the situation where AVOCATAR discovers that he has accidentally collected personal data from a minor, he will remove that data as soon as possible. However, AVOCATAR will be able to collect personal data from minors when there is explicit consent to this effect by parents or legal representatives.
The rights of the persons whose data is processed
Under GDPR, you have the following rights:
A. Right of access, i.e. to obtain from AVOCATAR a confirmation that personal data concerning you are processed or not, and, if so, access to the respective data and the following information:
- the purposes of the processing;
- the categories of personal data concerned;
- the recipients or categories of recipients to whom personal data has been or is to be disclosed;
- where possible, the period for which personal data is expected to be stored or, if that is not possible, the criteria used to determine that period;
- the existence of the right to request the CUSTOMER to rectify or delete personal data or to restrict the processing of personal data relating to the data subject or the right to oppose processing;
- the existence of the right to lodge a complaint with the Supervisory Authority;
- where personal data are not collected directly from the data subject, any available information on their source.
B. Right to rectification, ie the right to obtain from AVOCATAR, without undue delay, the rectification of inaccurate personal data concerning you;
C. The right to delete the data ("the right to be forgotten"), i.e. the right to obtain from AVOCATAR the deletion of personal data concerning you without undue delay, namely the obligation of AVOCATAR to delete the personal data without undue delay , if one of the following reasons exists:
- personal data are no longer required for the purposes for which they were collected or processed;
- You withdraw your consent on the basis of which the processing takes place, in accordance with art. 6 par. (1) letter a) or art. 9 par. (2) lit. a) GDPR, and there is no other legal basis for processing;
- You object to processing under art. 21 par. (1) of the GDPR and there are no legitimate reasons to prevail with respect to your processing or you oppose processing under Art. 21 par. (2);
- personal data has been processed illegally;
- Personal data must be deleted to comply with a legal obligation under the EU law or national law under which the company is located.
D. Restriction of processing when:
- You contest the accuracy of the data, for the period when AVOCATAR verifies the accuracy of the data;
- processing is illegal, and you are opposing to deleting your personal data, but instead you are requesting restrictions on the use of the aforementioned data;
- AVOCATAR no longer requires personal data for processing, but you ask for the establishment, exercise or defense of a right in court;
- You opposed the processing in accordance with art. 21 par. (1) GDPR, for the time period necessary for verifying that the legitimate rights of the operator override those of the data subject.
E. The right to data portability, that is the right to receive personal data concerning you, that you have provided to AVOCATAR in a structured, commonly used, readable and entitled to transmit this data to another operator without hindrance from AVOCATAR if: processing is based on consent under art. 6 par. (1) letter a) or art. 9 par. (2) letter a) GDPR or on a contract pursuant to art. 6 par. (1) letter b) GDPR and processing is done by automatic means;
F. The right not to be the subject of a decision based solely on automatic processing, including the creation of profiles, which would produce legal effects for you or affect you to a similar and significant extent.
For the effective exercise of these rights, you may address us with a written, dated and signed application, at the e-mail adress firstname.lastname@example.org, or at the address of the AVOCATAR office: 13 Decembrie Str. 1 et. 3, ap. 11, bl. Kronstadt, Braşov, Braşov county.
You are also granted the right to appeal to the courts.
On the Site, the user is responsible for all activities that occur as a result of the voluntary delivery of his or her name, e-mail, and telephone number. AVOCATAR can not be held responsible for errors due to user negligence regarding the security and confidentiality of its name, e-mail and telephone number. The user's personal data will be used by the AVOCATAR and his / her collaborators only for the stated purpose of this Site. However, personal data may be transmitted to authorities entitled to verify commercial transactions or other lawful authorities to carry out any legitimate verification under the law if this is requested in accordance with the regulations in force.
Transferring personal data
AVOCATAR will never disclose your personal data to a business or third-party organization that intends to use it for direct marketing purposes unless you have given your express and prior consent to that effect.
We may disclose your personal information, if so required by law, or if, in our opinion, based on good faith, such action is reasonably necessary to comply with legal proceedings , to respond to any requests and claims, or to protect the safety or rights of the ASSOCIATE, its customers, or the public in general.
AVOCATAR does not transfer the personal data of the individuals concerned outside of the European Economic Area.
AVOCATAR takes all necessary organizational and technical measures to protect the confidentiality and security of your personal information collected from the Site, but also from other sources, including special categories of personal data and personal information collected from minors. These efforts include but are not necessarily limited to:
- Storing your personal information in secure, encrypted operating environments that are not available to the public and are accessible only to employees or licensed contractors;