Data Protection Policy - D&B David si Baias

PRIVACY NOTICE

Data protection is one of the major concerns of D&B David si Baias SCA, the connected law firm of PwC in Romania.

This Privacy Policy (The “Policy”) details when and why we, D&B David si Baias SCA, based in Bucharest, 1A Poligrafiei Blvd., Ana Tower, 21/1 floor, District 1 (“D&B“), as a controller, process your personal data, the conditions under which we can disclose it to others, how we safely store the personal data, which are your rights as individuals and how you can exercise these rights.

When processing your personal data, D&B is also responsible for complying with European and national legislation on data protection, including Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.

I. THE PURPOSES AND THE LEGAL BASES FOR PERSONAL DATA PROCESSING

1. Having regard to your natural person customer or potential client status, we will process your relevant personal data (respectively, name, surname, contact details, data on your capacity in court proceedings and data necessary for supporting your position during court/tax proceedings) when providing you with or when initiating the provision of the requested services, for the purpose of initiating or performing the legal or legal and tax representation and assistance contract to which you are a party.

Under these circumstances, the legal basis for the processing of your personal data is the need to perform the contract, including the steps taken at your request prior to the conclusion of the contract.

In addition, D&B has the duty to comply with the obligations imposed on us by the legal rules governing the legal profession as well as other legal obligations (i.e., the obligation to report to the tax authorities, the obligations on the matters of money laundering and financing of terrorist acts).

In this case, the legal basis for the processing of your personal data is the necessity of fulfilling a legal obligation, respectively the necessity to carry out a task in the public interest as per the provisions of the law preventing money laundering and terrorist financing.

2. In case you act as legal representative, empowered or contact person for a legal person client or potential client, we will process your relevant personal data (respectively, your name, surname, contact details, position held within the legal person on whose behalf you act) when providing or initiating the legal or legal and tax representation and assistance contract to the legal person client you act for.

Under these circumstances, the legal basis for the processing of your personal data is our legitimate interest to initiate or conduct contractual relationships with our legal entity clients.

3. If you are a candidate and apply for one of the available D&B positions or internships in our law firm, we will process your personal data (respectively, name, surname, contact details, professional training data, professional experience data, and any other data in your resume) in order to evaluate your application.

In this case, the legal basis for the processing of your personal data is the necessity to execute the collaboration agreement, also covering the steps taken, at your request, prior to the conclusion of this contract.

4. For security reasons, when you are a D&B headquarters visitor, we will process your personal data (respectively, your name, surname, your representative status) in order to protect the premises in which we operate, our assets, but also our D&B staff.

In this case, the legal basis for processing is our legitimate interest to protect our activity.

5. As a visitor to our website, www.david-baias.ro, we will process your personal data (respectively, the IP address, log time and date, information on the browser and operating system) for the purpose of technical verifications (including log origination) and for ensuring security of our website.

In this case, the legal basis for processing is our legitimate interest to protect our website.

There are no cookies on our website, nor do we process other personal data though our website.

6. When you are a participant in an event organized by D&B, we will process your personal data (respectively, your name, surname, photo / video image) with the aim of organizing the event, but also for its popularization.

In case of processing your personal data for organizing the event, the legal basis for the processing of your personal data is our legitimate interest to organize the event.

In case of processing your personal data for promoting the event, the legal basis for processing your personal data is your consent given by participating in the event upon being informed on this purpose of processing.

7. As a natural personcollaborator or service provider, we will process your personal data (respectively, your name, surname, fiscal identification data, professional training, and professional experience) with the aim of performing the contract. We will also process your personal data when you ask us to take certain steps before the conclusion of such a contract.

In these circumstances, the legal basis for the processing of your personal data is the need to perform the contract, also covering the steps taken at your request prior to the conclusion of this contract.

In addition, D&B has the duty to comply with the obligations imposed on us by the legal rules governing the legal profession as well as other legal obligations (e.g., the obligation to report to the tax authorities).

In this case, the legal basis for the processing of your personal data is the necessity of fulfilling a legal obligation.

8. In case you act as legal representative, empowered or contact person for a legal person collaborator or services supplier, we will process your relevant personal data (respectively, your name, surname, contact details, position held within the legal person on whose behalf you act) for the purpose of initiating or conducting contractual relationships with legal entity partner on whose behalf you act.

Under these circumstances, the legal basis for the processing of your personal data is our legitimate interest to initiate or conduct contractual relationships with our legal entity collaborators or services providers.

In this case, the legal basis for the processing of your personal data is the necessity of fulfilling a legal obligation.

9. In addition to the above, we will process your personal data in order to satisfy our legitimate interests, namely exercising and defending our rights, including before public authorities.

II. DISCLOSURE OF PERSONAL DATA TO THIRD PARTIES

In duly justified circumstances, D&B may disclose your personal data to third parties, namely:

companies within the PricewaterhouseCoopers group;
judicial or arbitration courts and / or other public authorities;
other lawyers, legal professionals, consultants and / or experts involved in the cases we deal with for you;
third parties expressly indicated by you;
our service providers (for example, translation service providers, insurance services, cloud services, IT services and IT system maintenance).

As a rule, we will not transfer your personal data outside of the European Economic Area. In exceptional circumstances and only if necessary, the transfer of your personal data outside the European Economic Area will only be performed by applying appropriate safeguards in accordance with the specific legal provisions on data protection matters and with your prior notification.

III. YOUR RIGHTS CONCERNING PERSONAL DATA

Unless the law provides otherwise, you have the following rights:

the right of access, namely the right to obtain confirmation from us that we process your personal data, as well as access to it and provision of information about the processing method;
the right to rectification, which relates to the correction without undue delay of inaccurate personal data and / or the completion of incomplete data;
the right to delete / the right to be forgotten, namely, the right to delete without undue delay the personal data collected if such data are no longer necessary for the purposes for which they were collected and there is no other legal basis for processing, the data were collected illegally or the data must be deleted for compliance with a legal obligation;
the right to restrict the processing, which applies if you (i) dispute the accuracy of your personal data, (ii) the processing is illegal, and you do not agree with the deletion of your personal data, by requiring the restriction of the processing instead, (iii) we no longer need your personal data, but you request it for the establishment, exercise or defense of a right in front of the court, (iv) you have opposed the processing for the period of time that it is ascertained whether our legitimate interests in the processing of personal data prevail over your rights;
the right to oppose the processing, unless we demonstrate that we have legitimate reasons for processing your data, overriding your interests, rights and freedoms, or for establishing, exercising or defending a right in court;
your portability right, namely your right to receive personal data that you have provided to us for the purposes herein, in a structured, commonly used and automatically readable form, as well as the right to send this data to another controller;
the right to lodge a complaint before a supervisory authority (i.e., the National Supervisory Authority For Personal Data Processing – www.dataprotection.ro);

the right not to be subject of a decision based solely on automated processing, including profiling, which produces legal effects on you or affects you in the same way, unless such processing is necessary for the performance of the contract or is permitted by law.

Except for the right to file a complaint before a supervisory authority, as stated above, these rights may be exercised by sending a written request:

by postal services, at Bucharest, 1A Poligrafiei Blvd., Ana Tower, 21/1 floor, District 1;
by email, at: office.mail@david-baias.ro.

IV. DURATION OF THE PROCESSING OF YOUR PERSONAL DATA

We will keep your personal data throughout the entire duration of your legal or legal and tax assistance contract. It is also possible to keep your personal data after the termination of the contract in accordance with the legal obligations established in our duty and in compliance with our internal procedures (for example, with the observance of the statute of limitation).

If your personal data is processed based on your consent, the processing will continue until the consent is withdrawn, unless there are legitimate and compelling reasons that justify further processing by us (including a legal obligation to do so) and that prevails over your interests, rights and freedoms, or if they are necessary in order to establish, exercise or defend a right in court.

In all circumstances, we will retain your personal data for as long as it is necessary to fulfill the purpose of processing such data.

V. SECURITY OF YOUR PERSONAL DATA

D&B will make every reasonable effort to protect your personal data in our possession or control by establishing reasonable security measures in order to prevent unauthorized access, collect, use, disclose, copy, modification or deletion, as well as other similar risks.

This Policy has been updated on November 8, 2023.