Klamka Legal

Privacy Policy

This English translation is provided for convenience only. In the event of any discrepancy, the Polish version (available here) shall prevail.

  • General provisions

The purpose of this Privacy Policy is to describe in detail how KLAMKA LEGAL obtains, collects and uses information provided by Users of the klamkalegal website, including personal data.

The administrator of the klamkalegal website is KLAMKA LEGAL Law Office of Legal Counsel Piotr Klamka, address: ul. Za Łąkami 3 lok. 86, 02-798 Warsaw, Tax ID (NIP): 1251518692 (the "Firm").

  • Protection of personal data

The Firm obtains personal data via the website in accordance with the applicable provisions issued under Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (General Data Protection Regulation, "GDPR").

The Firm cares about protecting the rights and freedoms of persons who have provided personal data. Using the website in its basic scope does not require providing personal data. Any provision of personal data to the Firm is voluntary; however, using certain functionalities of the website requires providing certain personal data to the extent necessary for the proper and effective provision of services by the Firm. The Firm makes every effort to keep Users' personal data confidential by implementing solutions ensuring that personal data are stored securely, intact and confidentially.

Nevertheless, Users should be aware that using the Internet does not guarantee absolute security or integrity of personal data transmitted online.

  • Data controller

Upon submission of personal data on the klamkalegal website, the Firm becomes their controller within the meaning of the GDPR.

Access to Users' personal data is granted only to those employees or partners and associates who need this knowledge to provide support in performing the Users' instructions regarding services offered by the Firm.

The Firm has implemented procedures for securing and using personal data.

  • Scope and purpose of collecting personal data
  • Purpose: Contact with the User

Where the User decides to fill in the contact form available on the klamkalegal website and requests the service of being contacted by the Firm, the Firm will require certain information. This information may include the following personal data: first name, telephone number and IP address. The Firm may also require further information to improve the services provided. Information is obtained exclusively from Users via forms and through other information provided by Users while using the website.

Legal basis: Art. 6(1)(b) GDPR – information necessary to provide services or to take action at the request of the data subject prior to entering into a contract.

  • Purpose: Statistical information related to website functionalities

To improve the functioning of the website, the Firm processes data concerning Users of the website, in particular data on visited subpages, frequency and duration of visits and actions taken.

Legal basis: Art. 6(1)(f) GDPR – information justifying the Firm's legitimate interest in facilitating the provision of services by electronic means and improving website functionality.

  • Sharing personal data

The Firm may share Users' personal data with cooperating entities. A cooperating entity may be related to the Firm personally or by capital, or entirely independent. Data may be transferred solely for the proper performance of services provided by the Firm. Examples of entities that may have access to Users' personal data include cooperating law firms, including attorneys-at-law and advocates cooperating under agreements with the Firm, and providers of IT and ICT solutions.

The provision of services by the Firm may require transferring personal data to other entities providing services to the Firm, including entities established outside the European Economic Area.

In such cases, the Firm will protect its Users' interests by including appropriate contractual clauses adopted by the European Commission in agreements with such entities. The Firm discloses Users' personal data where public administration bodies, courts, bailiffs or law enforcement authorities request them on the basis of and within the scope provided for by applicable law. Such data are disclosed only provided that this does not in any way breach professional secrecy.

  • Data retention period

The Firm stores Users' data for the period of providing services to them. After termination of the agreement, the Firm stores Users' data for 6 years from the expiry of the contractual relationship for the purposes of handling complaints and other potential claims raised by Users. Data of Users and other persons may be stored by the Firm for a period corresponding to the life cycle of cookies saved on their devices.

Data provided in the contact form, where no cooperation with the Firm is established, are deleted within 1 month from the end of contact with the data subject.

  • Users' rights
  • Right to object to the use of data

Pursuant to Art. 21 GDPR, the data subject has the right to object at any time, on grounds relating to their particular situation, to the processing of their personal data based on Art. 6(1)(e) or (f), including profiling based on those provisions. The Firm may no longer process such personal data unless it demonstrates compelling legitimate grounds for the processing overriding the interests, rights and freedoms of the data subject, or grounds for establishing, exercising or defending legal claims. Where personal data are processed for direct marketing purposes, the data subject has the right to object at any time to the processing of their personal data for such marketing, including profiling, to the extent related to such direct marketing.

  • Right to restriction of processing

Pursuant to Art. 18 GDPR, the data subject has the right to request that the Firm restrict processing in the following cases: the data subject contests the accuracy of the personal data – for a period enabling the Firm to verify their accuracy; the processing is unlawful and the data subject opposes erasure of the personal data, requesting instead the restriction of their use; the Firm no longer needs the personal data for the purposes of processing, but they are required by the data subject to establish, exercise or defend legal claims; the data subject has objected to processing under Art. 21(1) GDPR – pending verification whether the Firm's legitimate grounds override those of the data subject.

  • Right of access, rectification and erasure

Pursuant to Art. 15 GDPR, the data subject is entitled to obtain from the Firm confirmation as to whether personal data concerning them are being processed and, where that is the case, access to them and the information indicated in that provision, including the purposes of processing, categories of personal data processed and the envisaged retention period or the criteria used to determine that period.

Art. 16 GDPR provides that the data subject has the right to obtain from the Firm without undue delay the rectification of inaccurate personal data concerning them. Taking into account the purposes of processing, the data subject has the right to have incomplete personal data completed, including by means of providing a supplementary statement.

Pursuant to Art. 17 GDPR, the data subject has the right to obtain from the Firm the erasure of personal data concerning them without undue delay, and the Firm is obliged to erase personal data without undue delay where one of the circumstances indicated in that provision applies, e.g. where the personal data are no longer necessary for the purposes for which they were collected or otherwise processed.

  • Right to data portability

Pursuant to Art. 20 GDPR, the data subject has the right to receive the personal data they have provided to the Firm and to transmit them to another controller of their choice.

  • Right to withdraw consent where the Firm processes personal data on the basis of consent. Consent may be withdrawn at any time and in any manner; withdrawal of consent does not affect the lawfulness of processing carried out on the basis of consent before its withdrawal.
  • Right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning the data subject or similarly significantly affects them.

Pursuant to Art. 22 GDPR, the data subject has the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning them or similarly significantly affects them. This does not apply if the decision: (a) is necessary for entering into or performing a contract between the data subject and the controller; (b) is authorised by Union or Member State law to which the controller is subject and which lays down suitable measures to safeguard the data subject's rights, freedoms and legitimate interests; or (c) is based on the data subject's explicit consent.

  • Right to lodge a complaint with the President of the Personal Data Protection Office (UODO) where the processing of personal data infringes the Regulation.

All requests regarding the rules of obtaining and storing personal data should be sent to: office@klamkalegal.pl. In such requests, the User should identify themselves in a manner enabling the Firm to verify the User's identity.

  • Cookies

The Firm uses cookies to collect information. Cookies are small data files, in particular text files, stored on the end device (hard drive) of the website User and intended for use of the website. Cookies usually contain the name of the website they come from, their storage time on the end device and a unique number.

The klamkalegal website uses cookies divided into the following categories:

  • Functionally necessary – files required for the proper operation of the website, including remembering the User's choice regarding cookie consents. Their use does not require the User's consent.
  • Statistical – files enabling analysis of User activity on the website; data in this respect are collected in anonymised form, as aggregated statistics, and allow the Firm to learn how Users use the website and improve its functionalities on this basis. Used only with the User's consent.
  • Google services – files related to displaying the directions map (Google Maps) and protecting the contact form against spam (Google reCAPTCHA). Used only with the User's consent; until consent is given, the map and form protection are not loaded and no data are transferred to Google.

Consent to the use of cookies from categories requiring consent is given via the consent banner displayed on the first visit to the website. The User may change or withdraw their choice at any time using the "Cookie settings" link available in the website footer. Withdrawal of consent does not affect the lawfulness of processing carried out before its withdrawal.

Refusal of consent to particular categories of cookies does not limit the ability to use the basic functionalities of the website; only functions requiring third-party services may be unavailable (the directions map, sending the contact form protected by reCAPTCHA).

The klamkalegal website uses persistent cookies, which are stored on the User's end device for the time specified in the parameters of those files (the consent choice – for a period of 12 months) or until deleted by the User. Independently of the consent banner, the User may also manage cookies in their web browser settings – disabling, blocking and deleting them is described in the settings of specific browsers.

More information about cookies is available at: www.wszystkoociasteczkach.pl, www.aboutcookies.org or in the "Help" section of most web browsers.

This Privacy Policy applies exclusively to the use of cookies operating on the klamkalegal website and does not apply to the use of cookies by other websites.

  • Links to other websites

For the convenience of Users, the klamkalegal website may contain links to other websites. The Firm does not review the content of those websites, does not control them and does not monitor their privacy practices. The Firm is not responsible for the actions of websites and services operated by third parties. The Firm encourages Users to read the privacy policies published on the websites of partner and cooperating entities, in particular where personal data of the User are collected through them.

  • Final provisions

The Firm reserves the right to amend this Policy at any time. Amendments are made by publishing the new content of the Privacy Policy on the website and are effective upon publication.

Using the website constitutes acceptance of this Policy. If the User does not accept the content of this Policy, the Firm will not provide services to such Users and the User or other person should stop using the website.

Any disputes concerning this Policy not resolved amicably will be settled by the courts having jurisdiction over the subject matter and venue.

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