This Confidentiality Policy (Policy) explains the way Hategan Attorneys collects, processes, uses and operates your personal information.
Hategan Attorneys is committed to protecting and respecting confidentiality regarding personal data.
Identification data of Hategan Attorneys
Law Office Hațegan Ioana
No. of registration with Timis Bar
27/1 of 19.04.2004
Fiscal Identification Code
Timișoara, 11 Ady Endre st., app. 1 România, Timiș County, Romania
Att. Ioana Hațegan, as Managing Partener
Categories of personal data processed by Hategan Attorneys
According to your quality and the activities performed by Hategan Attorneys in relation with you, Hategan Attorneys processes the following types of personal data:
- identification data of the natural person;
- data directly related to the data subject, as studies, professional training and experience, hobbies, financial expectations;
- economic and financial data, such as the financial/fiscal situation of revenue and expenditure, VAT, fiscal identification number, bank account number, credit card details, credit reports, fraud alerts;
- data related to the ownership and property of natural persons, such as registered land number, registration numbers, social parts;
- personal/governmental identifiers such as personal identity code, series and number of identity card, social security number, number of driving licence;
- genetic or health-related data;
- biometric data, such as image, voice, any other information that may identify the natural person by reference to one or more specific elements, his or her physical, physiological, genetic, mental, economic, cultural or social identity;
- personal data relating to criminal convictions and offences or related security measures pursuant to article 6, paragraph 1 shall be carried out only under the control of a state authority or where the processing is authorised by the European Union or national law that regulates appropriate guarantees for the data subjects’ rights and freedoms;
- information collected when using the website www.hategan.ro such as the time and date of accessing the website and IP address;
- information on relevant and important litigations or other court claims initiated against you or by you against a third party affiliate to you;
Hategan Attorneys collects personal data from the following sources:
- directly from you (when you seek legal advice or representation from the part of Hategan Attorneys, when you provide or offer services to Hategan Attorneys, when you browse our website or when you start a collaboration with Hategan Attorneys),
- indirectly from customers – legal persons (regarding the personal data of the data subjects involved in the legal project with which the Hategan Attorneys has been mandated by the customer);
- indirectly from your colleagues of the same company or other contractual partners – suppliers of goods and services/customers of Hategan Attorneys or with whom you have a legal relationship (such as credit offices, suppliers);
- indirectly, from public sources (such as public archives, local, national and international registers, public information databases, public information websites, Official Journal, other sources intended for public information).
Purposes of processing personal data
According to your quality and the activities performed by Hategan Attorneys in relation with you, Hategan Attorneys processes the aforementioned categories of personal data for the following purposes:
- taking steps prior concluding a legal service agreement;
- communications with you required during the performance of the legal service agreement contracted with Hategan Attorneys, including those relating to the status of the requested services;
- providing requested legal service;
- managing the business relation between you and Hategan Attorneys concerning the financial situation, invoices, payment processing, coverage of the costs generated by the requested service;
- provision of the legal service by Hategan Attorneys and requested by you or by the company you work for, collaborate with or are in opposite positions or in any other connection with a service requested from Hategan Attorneys;
- fulfilling the legal obligations falling under the responsibility of Hategan Attorneys, such as the obligation to keep records, to report transactions and the real ownership of transactions at the National Office for Prevention and Control of Money Laundering, in the purposes of prevention and identification of fraud and criminal offences;
- verifying the compliance with policies and standards of Hategan Attorneys;
- taking steps for the conclusion, performance and termination of collaboration agreements;
- observe the court decisions and the exercise and/or the defence of our legal rights;
- ensuring the security of goods and persons at Hategan Attorneys headquarters, as well as the security and confidentiality of informational goods, documents and other elements of information storage related to Hategan Attorneys;
- communication of newsletters drawn up exclusively by the attorneys of Hategan Attorneys;
- communications on the events organised by Hategan Attorneys and/or its business partners;
- for other purposes in compliance with the legal obligations for the processing of personal data.
Ground of personal data processing
Each processing of your personal data is operated on the basis of one of the following grounds:
- your consent as a legal basis for the collection, storage and use of your personal data as provided by applicable law;
- execution of an agreement to which you are a party, or that processing is necessary for the conclusion of an agreement with you;
- compliance with a legal obligation;
- protection the vital interests of yourself or another natural person;
- legitimate interest of Hategan Attorneys or of a third party, except in cases where your interests or fundamental rights and freedoms prevail over these interests.
Recipients of your personal data
To accomplish the aforementioned purposes, depending on the relation that you have with Hategan Attorneys, it shall transfer your personal data to the following categories of recipients:
- attorney associates of Hategan Attorneys to whom are assigned your projects and claims;
- other legal practitioners, including mediators, public notaries, bailiffs, consultants or experts involved in your case, if the transmission of data is required by object of the proceedings relating to your case;
- law courts, enforcement authorities, regulatory authorities or lawyers or other persons if it proves necessary for the purposes of finding, exercising or defending a legal right or for the purpose of an amicable settlement of the case;
- banking companies, to pay the price of Hategan Attorneys services;
- service providers contracted by Hategan Attorneys who may request certain personal data for the provision of the contracted services (delivery company that processes the name of the legal representative and its telephone number for the shipping of goods on behalf and for Hategan Attorneys). Hategan Attorneys shall keep control of your personal data and shall use the appropriate guarantees under applicable law to ensure the integrity and security of your personal data in relation to the person empowered;
- law firms or consulting foreign firms for the purpose of obtaining foreign legal advice, where such advice is required by the resolution of the mandate entrusted by you or the company of which you belong;
- public authorities and institutions providing services for controls against money laundering, credit risk reduction and other purposes of preventing fraud and crime and companies providing similar services, including financial institutions, credit offices and regulatory authorities with which that data is shared.
The personal data indicated above may be provided or transmitted to third parties in the following situations: (i) public authorities, auditors or institutions with competence in carrying out inspections and controls on Hategan Attorneys’ activity and assets, who ask from Hategan Attorneys to provide information, by virtue of the legal obligations of the latter. These public authorities or institutions may be: the National Supervisory Authority for Personal Data Processing or other authorities with the competence to verify our databases; (ii) to comply with a legal requirement or to protect Hategan Attorneys’ rights or assets or those of other legal persons or entities, as law courts.
Transfer of personal data abroad
In the context of performing the operations described above, your personal data may be transferred abroad to the member states of European Union (EU) or European Economic Area (EEA).
Please be advised that any transfer made by Hategan Attorneys to a non-EU state shall comply with the legal requirements provided by the General Data Protection Regulation no. 2016/679 adopted by the European Parliament (GDPR).
Duration of processing
We shall store your personal data only for the period of time necessary to achieve the above processing purposes while respecting the legal requirements in force. Therefore, we shall store your data until the date of withdrawal of your consent when the processing shall be based on this legal basis.
If Hategan Attorneys appreciates that it has a legitimate interest or a legal obligation to further process your personal data for other purposes, you shall be duly informed in this respect.
Where legal action is initiated, your personal data shall be retained until the end of this action, including the potential periods of appeal and/or recourse, and then it shall be deleted or archived, as required by applicable law.
In principle, we shall retain your personal data for the duration requested or permitted by applicable law. Subsequently, upon expiry of these periods or in the exercise of any of your rights, in case there is no legal obligation regarding the retention of data to be observed by HAT we shall remove/delete your personal data from our systems and records and/or we shall make arrangements to anonymize them, so that you can no longer be identified on their basis.
Automated decision-making and automated profiling
The personal data referred to herein shall not be subject to automated decision-making processes, including automated profiling.
Security of personal data processing
Hategan Attorneys has implemented appropriate technical and organisational measures to preserve the security and confidentiality of your personal data when stored, processed, transferred, accessed, as well when any other processing activity refers to them.
Hategan Attorneys informs you hereof that it regularly assesses and updates the implemented security measures in order to ensure the personal data processing safely and in secure conditions.
Website Hategan Attorneys and other websites
This website uses the cookies that are strictly necessary for the functioning of the site. For more information on how to use these cookies, please visit the Cookies Policy.
The website www.hategan.ro may contain links to and from third-party websites. This policy applies only to this website, so when accessing the third party site (e.g. Facebook), their privacy policies should be read.
Your rights on the personal data processed by Hategan Attorneys
While processing your personal data, you have the following rights:
Right of access the personal data that are processed: you have the right to obtain confirmation that your personal data are processed or not, and if so, to have access to this type of personal data and the conditions under which they are processed, by addressing a request to that effect to the data controller;
Right to rectification and right to erasure of personal data: you have the possibility to request, by addressing an application to this effect to the data controller, the rectification of your inaccurate personal data, the supplementing of incomplete data or the erasure of your personal data if (i) the respective data is no longer required for the initial purpose (and there is no new legal purpose), (ii) the legal basis of the processing is the consent of data subject, the data subject withdraws its consent and there is no other legal basis, (iii) the data subject exercises his or her right to oppose and the controller has no legitimate grounds that prevail in order to continue processing, (iv) the data have been processed illegally, (v) the erasure is necessary for compliance with EU law or Romanian legislation or (vi) the data has been collected in connection with information society services provided to children (if any), when specific requirements for consent are applied;
Right to restriction of processing: You have the right to obtain restriction of processing in cases where: (i) you consider that personal data processed are inaccurate, for a period enabling the controller to verify the accuracy of personal data; (ii) processing is unlawful, but you do not wish to erase your personal data, but to restrict the use of such data; (iii) if the data controller no longer needs your personal data for the purposes mentioned above, but you need data to establish, exercise or defend a right in court; or (iv) you have objected to processing, pending the verification whether the legitimate grounds of the controller override those of the data subject.
Right to withdraw your consent regarding the processing, when the processing is based on consent, without affecting the legality of processing.
Right to object to personal data processing on grounds relating to your particular situation, at any time to processing of personal data concerning when the processing is based on the legitimate interest of HAT (with observance of the applicable data protectiona dispositions) as well as to object to the processing for direct marketing and profiling purposes;
Right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you;
Right to data portability, which you provided to a controller, in a structured, commonly used and machine-readable format and the right to transmit those data to another controller processing, where the processing is based on your consent or an a contract and it is carried out by automated means;
Right to lodge a complaint with the Data Protection Authority (ANSPDCP) and right to submit legal claims to the competent courts.
The rights abovementioned can be exercised at any time.
Hategan Attorneys, in his quality of controller, is exempted from the obligation of informing the data subjects whose personal information has not been obtained from them, but from the customer, where the personal data must remain confidential under a statutory obligation of professional secrecy, as it is governed by article 11 of Law no. 51/1995 for organizing and exercising the profession of lawyer.