Terms and Subscription Conditions to the Newsletter of STOICA & Asociaţii
The newsletter “STOICA & Asociaţii” (hereinafter referred to as the „ Newsletter”) is a free service provided by the law firm STOICA & Asociaţii (hereinafter referred to as „S&A”) to the clients and visitors (hereinafter referred to as „Users/User”) of the website www.stoica-asociatii.ro (hereinafter referred to as „Website”).
Any User can subscribe to the Newsletter free of charge by filling-up the subscription form. As a result, the User expressly and univocally agrees to comply with the provisions of these Terms and Subscription Conditions.
S&A realised the Newsletter for information purposes, in compliance with the norms regulating copyright, confidentiality and publicity rules as set forth in the Law no. 51/1991 and in the By-laws regulating the legal profession, in accordance with the latest amendments and updates.
Terms of service
The User is obliged to verify that the Newsletters reach destination (are delivered in Inbox). In the event that the emails reach Spam / Junk / Bulk / Trash folder (automatically), the User must mark them as being Not Spam / Not Junk. After subscription, marking as SPAM / Junk of a Newsletter is not permitted. This entails the automatic un-subscription from the Newsletter service. In the event that the User does not want to receive the Newsletter, he can unsubscribe from the service.
S&A shall make all the reasonable efforts to ensure the accuracy of the Newsletter, and will try to correct the errors and the omissions as soon as possible. Nevertheless, S&A will not be held liable for the occurrence of any errors or omissions with regard to the supplied information. The user expressly accepts that S&A shall not be held liable for any direct/indirect, minor/major or accidental damages, including, but without limitation to profit loss, prosperous business or any other intangible losses resulted from using the information from the Newsletter. The content of the Newsletter is informative and does not represent advertising and cannot be interpreted as an offer for specific legal services or as a legal opinion.
The usage of the Newsletter and all of its content is offered without any other guarantees and without pursuing a certain goal or without infringement of the rights of a third party. S&A will not be held responsible for any problem or malfunction of the networks, telephone lines, internet systems, servers, internet supplier, equipment and computers, or of the software or any other element that can cause damages to the personal computers as a result of using this Newsletter.
S&A has the right to change or forbid the access or to temporary or permanently shut down any part of this Newsletter or any information that it contains, without having the obligation to notify the users. These changes will come into force from the moment of publication.
The visitors and users of this Newsletter accept and agree to use the information on their own risk. Under no circumstance, S&A will not be liable for any direct, indirect damages, caused by using this Newsletter.
S&A does not guarantee and will not guarantee that a certain online available document reproduces a text in the exact way it is officially adopted by the legislator.
Last Update: May 2018
The legal ground for processing
A. Consent-based processing [Art. 6 par. (1) point (a) GDPR]
In S&A’s activity, consent-based processing of the data subjects may be diverse, depending on the specific activities carried out and the aims pursued. For example, personal data processing of clients for promotional purposes (transmission of legal alerts/newsletters via e-mail) is done on the basis of free, specific, informed and unambiguous consent, legally obtained from the clients.
B. Processing required for the conclusion or performance of a contract [Art. 6 par. (1) point b) GDPR]
This type of processing takes place when, for example, the initiative with regard to concluding a legal assistance contract belongs to a new client, a natural person. S&A will also process the contact details of a new collaborator (lawyer) in order to conclude the collaboration agreement.
C. The processing required to comply with a legal obligation [Art. 6 par. (1) point c) GDPR]
The processing of personal data on the basis of the need to comply with a legal obligation implies the existence of an imperative provision applicable to S&A’s data processing activity. In this case, processing is necessary to comply with the legal obligation.
1. Under the legislation on the prevention and sanctioning of money laundering and the prevention and combating of terrorist financing (Law no. 656/2002 on the prevention and sanctioning of money laundering, as well as for the introduction of measures for the prevention and combating of terrorism financing), lawyers have some obligations to implement specific customer knowledge and reporting suspicious transactions. The processing of personal data necessary for complying with these obligations is based on a legal obligation.
2. Lawyers have an obligation to maintain specific records of their activity, like the electronic register of documents drawn up by a lawyer. The processing of personal data made for this purpose is based on the legal fulfillment of a legal obligation.
3. Some of the data processing carried out by the S&A Financial Accounting Department, such as retaining and paying social contributions for auxiliary staff, records of employees’ holidays are based on statutory obligations regulated by labor law.
D. The processing required to carry out a task that is of public interest [Art. 6 par. (1) point e) GDPR]
According to art. 39 of the Law no. 51/1995, in the exercise of their profession, lawyers are indispensable partners of the judiciary system. Therefore, the professional activity of the lawyer is exercised for the purpose of making justice, therefore fulfilling a public interest. In this case, the legal basis on which S&A processes the personal data is the one provided in Art. 6 par. (1) point e) GDPR. In order to carry out the professional work for the purpose of making justice, the lawyer processes the personal data of adverse parties or third parties. The basis of such processing is neither the consent of the data subjects, nor the legal assistance contract concluded with the client. The legal basis of the processing is the fulfillment of a task that serves a public interest.
Personal data of children
S&A does not ask for and does not intentionally collect personal data from children. If S&A discovers that it accidentally collected personal data from a minor, it will remove this data as soon as possible. However, S&A shall collect personal data from minors in case of the explicit consent of parents or legal representatives.
Newsletters and e-mails
If you provide us with your e-mail address (either because you want to receive our communications and news by subscribing to the newsletter voluntarily, either because you are our client, your details are in our database as a result of past correspondence, your email address has been selected from a database you have subscribed to or your address is published on public sites), the contact details you provide may be used to send you newsletters.
Data subjects’ rights
Under the GDPR, you have the following rights:
A. Right of access, meaning the right to obtain from S&A the confirmation as to whether or not personal data concerning you are being processed, and, when that is the case, access to the personal data and the following information:
• the purposes of the processing;
• the categories of personal data concerned;
• the recipients or categories of recipients to whom the personal data have been or will be disclosed;
• when possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
• the existence of the right to request from S&A to correct or erase the personal data or to restrict the processing of personal data concerning the data subject or to object to such processing;
• the right to lodge a complaint with a supervisory authority;
• where the personal data are not collected from the data subject, any available information as to their source.
B. Right to rectification, meaning the right to obtain from S&A, without unjustified delay, the rectification of inaccurate personal data concerning you;
C. Right to erasure (‘right to be forgotten’), meaning the right to obtain from S&A, the erasure of personal data concerning you without undue delay and, and S&A shall have the obligation to erase personal data without undue delay where one of the following grounds applies:
• the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
• you withdraw consent on which the processing is based, according to point (a) of Article 6 par. 1, or Article 9 par. 2 point (a), and where there is no other legal ground for the processing;
• you object to the processing pursuant to Article 21 par. 1 and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21 par. 2;
• the personal data have been unlawfully processed;
• the personal data have to be erased as to comply with a legal obligation under the EU or a Member State law to which S&A is subject.
D. Right to restriction of processing, when:
• you question the accuracy of the data for the period when S&A checks the accuracy of the data;
• processing is illegal, and you are opposing to the deleting of your personal data, asking instead for restrictions on their use;
• S&A no longer requires personal data for processing, but you request them to find, exercise or defend a right in the court;
• you have objected to the processing pursuant to Article 21 par. 1 GDPR pending the verification whether the legitimate grounds of S&A override those of the data subject.
E. Right to data portability, meaning the right to receive the personal data concerning you, which you have provided to a controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from S&A to which the personal data have been provided, where: the processing is based on consent pursuant to point (a) of Article 6 par. 1 or point (a) of Article 9 par. 2, or on a contract pursuant to point (b) of Article 6 par. 1 and the processing is carried out by automated means.
F. Right to object and automated individual decision-making, including profiling, which produces legal effects concerning you or similarly significantly affects you.
For the actual exercise of these rights, you may address with a written, dated and signed request to the email address email@example.com or at the S & A headquarters: Opera Center II, 2 Dr. Nicolae Staicovici Street, 2nd floor, district 5, 050558, Bucharest, Romania, contact Alin-Gabriel Oprea.
You are also granted the right to file a complaint before the courts of justice.
At www.stoica-asociatii.ro, the user is responsible for all activities that occur as a result of the voluntary delivery of his name, e-mail and telephone number. S&A can not be held responsible for the errors due to user’s negligence regarding the security and confidentiality of its name, e-mail, and phone number. The user’s personal data will only be used by S&A and its collaborators for the intended purpose of this Website. However, personal data may be transmitted to the authorities entitled to verify commercial transactions or other lawful authorities to carry out any substantiated verifications under law, if this is required under the laws in force.
The Website does not use “cookie” technologies and modules, server log files (does not monitor IP addresses or activity on your servers) and does not automatically place information on your computer (does not implant Pixel Tags – “pixel tags”, “transparent GIFs” or other such technologies).
Transferring personal data
S&A will never disclose your personal data to a business or a third-party organization that intends to use it for direct marketing purposes, unless you have expressly and prior agreed to it.
For strictly technical reasons, your data may be disclosed to external IT&C collaborators (for example, a software solution provider for hosting the Website or for submitting a newsletter from S&A). In these cases, we will ensure that those partners respect the security and confidentiality of your information.
We may disclose your personal information if required by law, or if, in our opinion, based on good faith, such action is reasonably necessary to comply with the legal proceedings, to respond to any requests and claims, or to protect the safety or rights of S&A, of our clients or of the public, generally speaking.
S&A does not transfer the personal data of the individuals concerned outside of the European Economic Area.
S&A takes all necessary organizational and technical measures to protect the confidentiality and security of your personal information collected on the Website, but also from other sources, inclusively for special categories of personal data and personal information collected from children. These efforts include, but are not necessarily limited to:
• storing your personal information in secure, encrypted operating environments that are not available to the public and are accessible only to S&A authorized employees or contractors;
• the use of cloud technologies “Microsoft OneDrive” provided by a reputable company that meets all the requirements of compliance and safety required by GDPR;
• verifying the identity of registered site users before they can access their personal information.
How to contact us
S&A is registered with the Register of personal data processing under no. 8257.
© Copyright 2018 STOICA & Asociaţii. All rights reserved.
The content of the Newsletter is protected by the copyright laws in force. All materials (including, without any limitations, all articles, texts, pictures, logos and design) are protected by the copyright law and cannot be reproduced, partially, totally or edited without the express and written agreement of S&A. The Newsletter is the property of S&A. The users undertake the obligation not to copy the texts, sections of the texts or images for commercial purposes use.
It is strictly forbidden the usage or the access to the Newsletter with the intention of damaging or causing alteration to its content or security or to discredit or harass the members of S&A, the clients and/or the offered services.
Newsletter subscription and email alerts
If the user elects to sign up in order to receive e-mail alerts/Newsletter, S&A will use the personal information to provide the requested service. If the user intents to cancel the subscription, S&A will remove it from the mailing list and the personal details shall be deleted from the records.
For any other questions or requests of using the materials available on this Website, please contact us by e-mail at firstname.lastname@example.org.