Privacy Policy
HENRIQUE ABECASIS, ANDRESEN GUIMARÃES & ASSOCIADOS - SOCIEDADE DE ADVOGADOS, S.P., R.L. ("HAAG") has a firm commitment to the privacy and rights of data subjects, and acts in accordance with the provisions of the General Data Protection Regulation (“GDPR”) and other applicable legislation.
This Privacy Policy governs the processing of the personal data of data subjects (“Data Subject” or “Data Subjects”) collected by HAAG, as a data controller, within the scope of its activity.
The provision of personal data by Data Subjects to HAAG implies notice and acceptance of the conditions in this Privacy Policy.
Data Subjects can find detailed information regarding the HAAG Privacy Policy in the following items:
- Data collection and processing
- Purposes and legal basis of personal data processing
- Time limit for the retention of personal data
- Transfers of personal data
- Personal data security
- Rights of Data Subjects
- Exercise by data subjects of their rights, questions and suggestions
- Changes of privacy policy
1. Personal data collection and processing
Personal data is any information regarding an identified or identifiable natural person. A natural person is deemed to be identifiable, when he or she can be identified directly or indirectly, particularly by reference to an identifier, such as a name, identification number, location data, electronic identifiers, or to one or more specific aspect of the physical, physiological, genetic, mental, economic, cultural or social identity of the natural person.
HAAG may process the following categories of personal data:
a) Identification data (e.g. name, date of birth, gender, address, contact data, citizens card data, passport and taxpayer number and nationality);
b) Data regarding education and professional experience (e.g. education, qualifications, certificates, languages, curriculum, information from the previous employer);
c) Occupational data (e.g. position, role, description of the role, company, office address);
d) Business activity data (e.g. business activities, information regarding cases and matters, information regarding specific measures);
e) Invoicing and expenses data (e.g. fees, travel and communications disbursements);
f) Image and sound recording data (e.g. photo and video images).
The natural persons to whom the data relates are data subjects.
The personal data categories listed above may relate to different categories of data subject, such as customers, clients' employees (businesses), counterparties of HAAG, or applicants for positions with it.
HAAG collects personal data by various means and at various times, e.g. when the Data Subject sends an email or replies to an invitation, when he/she delivers his/her personal card, when they subscribe to our information or events, or apply for a position or contract our services.
Access and use of the HAAG Site does not necessarily involve the provision of personal data by users. However, the use of certain Site functionalities may involve the provision of personal data, i.e. in the case of contact requests or job applications.
2. Purposes of and legal grounds for personal data processing
HAAG may process personal data for the following purposes and on the following legal grounds:
a) For the provision of legal services, which may include, opening of the client and file; recording of the legal services proposals made, communications with the client, with other parties and/or public bodies, including courts, and documentation storage on digital and physical supports.
Legal basis ► performance of contract and legitimate interest:
- HAAG's interest in the processing of its customers' information in a sustained and efficient manner, to ensure the quality and integrity of the information and permit the provision of excellent services; and
- The clients' interest in being represented by HAAG in the context of the instructions given and the provision of legal advice and assistance.
b) For communication and the sending of information, including the dissemination of legal information (e.g. newsletters, briefings, legal alerts).
Legal grounds ► legitimate interest:
- To respond appropriately to applications made via the completion of the online forms on the HAAG Site;
- To contribute to the development of legal science and to play a significant role in the community of legal professions; and
- To strengthening the culture of HAAG.
c) For events management, which includes the sending of invitations to events and registration of participants in events and internal and external promotion of events.
Legal grounds ► legitimate interest and consent (*):
- To respond appropriately to applications made via the completion of the online forms on the HAAG Site;
- To contribute to the development of legal science and to play a significant role in the community of legal professions; and
- Promotion of events promoted by HAAG.
(*) The prior consent of the data subject will be requested in cases where there is sound or video recording of the event, or if photographs are taken.
d) In order to comply with compliance-related legal obligations.
Legal grounds ► compliance with a legal obligation.
e) For billing and accounting management, which includes accounting of expenses, cost and reimbursement control (e.g. travel and mobile communications expenses to be paid by clients), invoicing and management of current accounts and the keeping of accounting records and support documentation.
Legal grounds ► performance of contract, legitimate interest and compliance with a legal obligation:
- To have efficient management control;
- Invoicing of services provided in good time; and
- To ensure compliance with the applicable legal obligations.
f) In order to submit information regarding the firm's cases and matters for publication in legal directories.
Legal grounds ► legitimate interest, i.e. HAAG's interest in promoting the culture and excellence of HAAG and its lawyers.
g) For judicial and extra-judicial collection and claims, which includes the collection and recovery of amounts owed by clients.
Legal grounds ► legitimate interest, i.e. HAAG's legal interest in collecting debts owed to it and in defending its rights.
h) For recruitment and selection, which includes the analysis of applications and CVs, and the internal selection of lawyers and employees in accordance with the requirements identified.
Legal grounds ► pre-contractual procedures at the request of the data subject and legitimate interest.
- HAAG's interest in examining job applications and the internal selection of candidates, in accordance with previously defined criteria.
3. Time limit for the retention of personal data
The personal data will be stored by HAAG for the time necessary in order to comply with the purposes defined in this Policy, or for such period as is required by the applicable legal or regulatory provisions.
The time limits for the retention of personal data, in accordance with each processing purpose, are as follows:
- The provision of legal services = Duration of the lawyer-client relationship, plus 20 years.
- Communications and the sending of information = Until the data subject objects.
- Events management = 2 years, from contact or participation in the event (as the case may be), if there is no contact or participation in another event by the data subject.
- Compliance with compliance-related legal obligations = 7 years, from the time the client's identity was processed, or, in the case of business relations, from the termination thereof.
- Invoicing and accounting management = 10 years.
- The subject of information about the firm's cases and matters for publication in legal directories = While the case or matter continues.
- Judicial and extra-judicial collection and claims = Until payment of the amounts due, or the resolution of the dispute, as applicable.
- Recruitment and selection = 2 years, from the submission of the application or CV, if the candidate is not selected; and
- In all other cases = while professional relationship with HAAG continues.
4. Transfers of personal data
HAAG does not transmit the personal data of data subjects to third parties, except in cases where this is necessary for the provision of the services contracted, or in order to comply with legal obligations to which HAAG is subject.
Data is transferred to third parties in accordance with the applicable data protection legislation and subject to the limits imposed by the purposes and legal grounds defined in this Policy.
HAAG may share personal data with the following entities:
- Relevant parties in terms of the legal advice it provides, e.g. counterparties, courts, supervisory authorities, government institutions and other lawyers;
- Law firms that are members of the HAAGNET network;
- Public authorities and the Portuguese Bar Association, in the context of the compliance with legal obligations;
- Suppliers of services to HAAG, in the context of the purposes described above, e.g. suppliers of IT, communications services, translation services and digital and physical archive services.
In cases where the transmission of personal data to the entities referred to above involves an international transfer of personal data (i.e. outside the European Union), HAAG:
- It will effect the said transfer on the basis of the Commission's adequacy decision, to the effect that the country or international organisation in question ensures a level of the protection of personal data that is equivalent to that provided pursuant to the legislation of the European Union; or
- If there is no Commission adequacy decision, HAAG will ensure that the data transfers are effected in strict compliance with the legal provisions and that appropriate guarantees are implemented to ensure the protection of the personal data.
5. Personal data security
HAAG applies its best efforts to protect personal data, i.e. via the adoption of the appropriate technical and organisational measures against destruction, loss, alteration, disclosure or unauthorised access and against any other form of unlawful or abusive processing.
The technical and organisational security measures created and implemented by HAAG are also required of HAAG's service providers that may process personal data on its behalf.
With specific regard to the use of the HAAG Site, data subjects who use the site are required to ensure that the devices and equipment used to access the Site are adequately protected against harmful software, viruses and worms that could jeopardise the security of the personal data provided via the Site.
6. Rights of Data Subjects
Data subjects have the following rights:
- The right of access
Data subjects may, at any time, ask HAAG whether it processes their personal data and access their personal data and information regarding the processing thereof. Data subjects may also obtain a copy of the personal data processed.
- The right to rectification
If the data subject's personal data are incorrect or incomplete, he/she may request that the data be rectified or completed.
- The right to erasure (“right to be forgotten”)
In certain situations, the data subject is entitled to request the erasureof his/her personal data. This right may be limited in certain situations such as, for example, when the processing of the data is necessary in order to comply with legal obligations to which HAAG is subject, or when the said processing is necessary for the purposes of the assertion, exercise or defence of a right in legal proceedings.
- The right to restrict processing
In certain circumstances, the data subject may ask HAAG to restrict access to personal data, or to suspend processing activities. For example, in cases where the data subject challenges the accuracy of his/her personal data, for such time as allows HAAG to check the accuracy thereof, or, in cases where the data subject has opposed processing, until it is established whether the legitimate interests of HAAG or third parties prevail over the interests of the data subject.
- The right to data portability
Where the data processing is based on a contract to which the data subject is party, or where the data subject consents, he/she may ask HAAG to give it the data he/she had supplied, in a generally used structured automatic reading format. The data subject may also ask HAAG, to transmit the data to other data controllers, provided that this is technically possible.
- The right to object
Where the data processing is based on HAAG's legitimate interest, or where processing is carried out for purposes other
than those for which the data was collected, but which are compatible therewith, the data subject is entitled to object to the processing of his/her personal data, on grounds related to his/her personal circumstances. HAAG will, in these cases, cease to process the data subject's personal data, unless it has legitimate grounds for so doing, which should prevail over the interests of the data subject.
- The right not to be subject to automated individual decision-making
HAAG does not conduct automated individual decision-making, including the definition of profiles, which affect the legal interests of data subjects, or which have a similar significant effect thereon.
- The right to withdraw consent
Where the data is processed on the basis of the data subject's consent, the data subject may withdraw his/her consent at any time. If the data subject withdraws his/her consent, his/her personal data will no longer be processed, unless there is some other legal basis that permits the same.
- The right to submit complaints to the supervisory authority
Data subjects are entitled to complain to the competent supervisory authority, with regard to matters related to the processing of their personal data. In Portugal, the proper supervisory authority is the Comissão Nacional de Proteção de Dados.
7. Form of exercise of data subjects' rights, questions and suggestions
Data subjects should submit a written request for the following contacts in order to exercise any of the rights referred to above, or in order to seek information or make suggestions regarding the processing of personal data:
Email: geral@HAAG.pt
Address: Avenida Miguel Bombarda, no. 35, 1050-161 Lisboa, Portugal
The exercise of the said rights by data subjects is free of charge.
8. Alterations of the Privacy Policy
HAAG reserves the right to amend and update this Privacy Policy at any time. Data subjects are therefore advised to consult this Privacy Policy regularly.
Date of the most recent update: June 2018