Privacy Policy

Last updated: February 2019

Fernbach & Partners is a pioneer in the Romanian legal market as a 100% dedicated technology and privacy law firm. We have a clearly-defined set of working principles and rules of conduct in which your data privacy is one of the fundamental commitments.

When this privacy policy mentions “Fernbach & Partners”, “we”, “us” or “our” it refers to Cristiana Melania Fernbach Law office, which is responsible for your personal data processing in its capacity of data controller.

To be sure that your personal data are properly processed, we are up to date with and we respect the newest principles set forth in the data protection legislation applicable in Romania, including (EU) Regulation 2016/679 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 (“GDPR”).

According to the data protection legislation, personal data represents any information relating to an identified or identifiable natural person. An identifiable person is the person that may be identified directly or indirectly.

This privacy policy regards the personal data of our website visitors’, clients’/potential clients’, business partners’, applicants’ for a position as an intern or associate and of persons’ attending events organized by or with the involvement of Fernbach & Partners and it applies to data collected through our website, www.fernbach-law.ro, as well as to all other personal data we collect through e-mail or other off-line methods or in the context of events organized by or with the involvement of Fernbach & Partners.

This privacy policy explains what kind of personal data we process, the purposes of processing such data, the legal grounds of data processing, to whom we disclose such data and how you can manage and control the use of your personal data, so please read it carefully.

This privacy policy sets out the basis on which Fernbach & Partners processes your personal data.

I. Data subjects, purposes and legal grounds of the processing

1. If you are a website visitor

In order to monitor the traffic and improve the content of our website, we process your IP address and the date and time of your access on our website.

We process your personal data in the purpose mentioned above on the basis of our legitimate interest in ensuring the proper functioning of our website, as well as its improvement.
We store your personal data as long as it is necessary in order to attain the purpose of the envisaged data processing.

2. If you are a client/potential client, a client’s/potential client’s representative or a client’s/potential client’s employee (if the client/potential client is a company)

If you are a client/potential client, a client’s/potential client’s representative or a client’s/potential client’s employee, we process your personal data for the following purposes:

• providing our offer for specific legal services requested from us;
• providing the legal services requested from us;
• communicating with you, which includes responding to any correspondence, inquiries or feedback that you send to us;
• managing and administrating your relationship with us, including billing for the legal services provided by us;
• complying with court orders and exercising and/or defending our legal rights;
• complying with our legal and regulatory obligations, including reporting to and/or being audited by national and international regulatory bodies.

For the purposes mentioned above we process the following personal data:

• name and surname;
• e-mail address;
• domicile/residence address;
• telephone number;
• company name of the client that you represent or you work for (if the client/potential client is a company);
• title or position (if you are the client’s representative or employee);
• bank account and details of any fees and payments;
• any other personal data you may share with us in order to provide legal services requested from us.

We process your personal data for the purposes mentioned above on the following legal grounds:

• for the performance of the legal assistance agreement to which the client is a party or in order to take steps at the request of the client prior to entering into a legal assistance agreement;
• for compliance with a legal obligation to which Fernbach & Partners is subject;
• for the purposes of the legitimate interests pursued by Fernbach & Partners.

If you are a potential client or a potential client’s representative or employee, we store your personal data as long as it necessary in order to establish a clear business relationship or as long as it is required by the law or is in our legitimate interest.

If you are a client or a client’s representative or employee, we store your personal data as long as it necessary for the performance of the legal assistance agreement to which the client is party or as long as it is required by the law or is in our legitimate interest.

3. If you are a business partner or a business partner’s representative or employee (if the business partner is a company)

If you are a business partner or a business partner’s representative or employee, we process your personal data for the following purposes:

• maintaining our contractual relationship with you;
• communicating with you with respect to any relevant business-related matters;
• complying with our legal and regulatory obligations, including reporting to and/or being audited by national and international regulatory bodies.

For the purposes mentioned above we process the following personal data:

• name and surname;
• e-mail address;
• domicile/residence address;
• telephone number;
• company name of the business partner that you represent or you work for (if the business partner is a company);
• title or position (if you are the business partner’s representative or employee);
• any other personal data you may share with us with respect to our business partnership.

We process your personal data for the purposes mentioned above on the following basis:

• for the performance of the contract (business partnership) to which the business partner is party or in order to take steps at the request of the business partner prior to entering into a contract;
• for compliance with a legal obligation to which Fernbach & Partners is subject;
• for the purposes of the legitimate interests pursued by Fernbach & Partners.

If you are a business partner or a business partner’s representative or employee, we store your personal data as long as it necessary for the performance of the contract (business relationship) to which the business partner is party or as long as it is required by the law or is in our legitimate interest.

4. If you are an applicant for a position as an intern or associate

In order to conduct the recruitment process, to ensure that we select the ideal intern/associate for Fernbach and Partners, we process following personal data:

• name and surname;
• e-mail address;
• telephone number;
• information about studies;
• information about professional experience;
• any other personal data you may share with us through your CV you may send to us.

The processing of your personal data for the purpose of conducting the recruitment process is based on the grounds of entering into and performing of the agreement. For the processing after completing the recruitment process, to the extent that you will be rejected in the recruitment process, we base the processing of your personal data on the legal base of your consent.

Your personal data processed for the purpose of conducting the recruitment process are stored by Fernbach & Partners for the entire duration necessary for the respective purpose of processing.

5. If you are a person which attends the events organized by or with the involvement of Fernbach & Partners

From time to time we organize events or we are involved in events organized in partnership with our business partners in order to raise awareness on changing tech environment and on how tech revolution changes the business rules.

In order to be able to organize, promote and to proper held the events, we process following personal data:

• name and surname;
• e-mail address;
• telephone number;
• company name that you represent or you work for, if you participate in the event on behalf of this company;
• title or position.

For the purpose mentioned above we process your personal data on the basis of our legitimate interest.

II. To whom we disclose your personal data

Fernbach & Partners shares or discloses your personal data with:

• third parties, including certain service providers we have selected in connection with the legal services we provide to you, such as other lawyers, consultants, translators, couriers;
• other law firms which are advising the other party to a legal matter we are assisting you with, as part the legal services we provide to you;
• courts, law enforcement authorities, regulators or other parties, if it is necessary in connection with the legal services we provide to you;
• regulatory authorities, courts or law enforcement authorities, if we are under a legal, regulatory or professional obligation to disclose your personal data;
• service providers which provide us with services, such as IT providers, events organizers;
• business partners with which we develop joint events.

Your personal data we process may therefore be transferred to and stored in countries outside of the jurisdiction you are in. Any international transfers of your personal data are made pursuant to appropriate safeguards, such as standard data protection clauses adopted by the European Commission. If you would like more information about any of the transfer security measures, please contact us using the details as set out below in this privacy policy.

III. Your rights as data subject and the manner in which you may exercise them

In accordance with the applicable legal provisions with regard to the processing of personal data and the free movement of such data, Fernbach & Partners undertakes to respect the rights of the data subject. You have the following rights pursuant to the legal applicable provisions:

• the right of access – you have the right to obtain from Fernbach & Partners confirmation as to whether or not your personal data are being processed, and, where that is the case, access to the personal data and specific information related to data processing;
• the right to object – you have the right to object, on grounds relating to your particular situation, at any time to processing of your personal data which is based on legitimate interest;
• the right to rectification – you have the right to obtain from Fernbach & Partners the rectification of your inaccurate personal data or the complement of the incomplete personal data;
• the right to withdraw your consent – you have the right to withdraw your consent at any time, but the withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal;
• the right to erasure (“the right to be forgotten”) – you have the right to obtain from the Fernbach & Partners the erasure of your personal data and we will erase the personal data without undue delay;
• the right to restriction of processing – you have the right to obtain from Fernbach & Partners restriction of the processing where applies the one of the conditions set by the applicable laws;
• the right to data portability – you have the right to receive your personal data in a structured, commonly used and machine-readable format and you have the right to transmit those data to another controller;
• the right not to be the subject to a decision based solely on automatic processing, including profiling – you have the 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;
• the right to lodge a complaint with a supervisory authority and to address to justice.

For exercising these rights, please contact us at [email protected].

IV. Security

Fernbach & Partners takes all reasonably actions to protect your personal data against unauthorized access, loss, destruction or undesired alteration.

Associates and providers of Fernbach & Partners have access to any personal data that we process, but their use shall be limited to the performance of their duties in line with the purposes of processing. Our associates and providers who have access to your personal data keep that data confidential and are not permitted to use it for any purposes other than to enable you to access and benefit of the Fernbach & Partners services, as well as use the Fernbach & Partners website.

V. Links

Our website may contain links to other websites which are outside of our control and are not covered by this privacy policy. We do not accept any responsibility or liability for other websites’ privacy policies. If you access other websites using the links provided, please check their privacy policies before submitting any personal data.

If you connect to us from a social network, such as LinkedIn, we will collect personal data from the social network in accordance with your privacy settings on that social network. The connected social network may provide us with information such as your name, profile picture, gender, username, age or age range, language, country, follower list and any other information you have agreed it can share or that the social network provides to us.

VI. Updates to this privacy policy

We reserve the right to update and change this privacy policy from time to time in order to reflect any changes to the way in which we process your personal data or changing legal requirements. Any changes we may make in the future will be posted on this page. Please check back frequently to see any updates or changes. This privacy policy was first published on February 28th, 2019.

The present version of the privacy policy was drafted in English and Romanian language and in case of any discrepancies between the English and Romanian versions, the Romanian version accessible here will prevail.

VII. Contact

Should you have questions, complaints or require additional information about this privacy policy, please contact us at [email protected]. We will give our best to answer your request in the shortest possible time.

© Fernbach-Law 2019