GENERAL TERMS OF PRIVACY
Sedlo Law Firm (“SLF”, “we”, “us” or “our”) receives, collects and processes personal data that is necessary for us to provide our services, to maintain business relationships and to perform marketing activities in relation to such services, while also complying with the applicable laws and regulations. SLF undertakes to protect your privacy and keep collected data safe and secure. In this respect, SLF acts as data controller and data processor, as such roles are further detailed in the Luxembourg law of 1 August 2018 on the protection of individuals with regard to the processing of personal data in criminal and national security matters, as may be amended from time to time (the “Law”). These general terms of privacy serve to provide you with information as to how SLF collects, saves, uses and shares personal data (about you or in general) and what rights data subjects are entitled to (the “General Terms”).
A. SOURCES OF DATA COLLECTED BY SLF
We obtain data from various sources, depending on the services we provide and the context of our relationship with you.
Data that we collect in principle stems from the following sources:
You as a prospective or established client of SLF: When you communicate with us by electronic means or in paper form. Such communication can be made directly by you or made indirectly via a person you instruct to contact us.
Third parties: information that is provide about you by third parties in relation a specific subject matter, within the course of our services provision to you.
Public sources: information that is publicly available, such as, public registers, internet, online brochures, directories, etc.
B. CATEGORIES OF DATA COLLECTED AND PROCESSED
Data collected and processes by SLF can be summarised (but not limited to) in the following categories:
Identification data: first and last name, email and postal address, phone number, date and place of birth, gender.
Professional information: name of the company, job function and title, location.
Financial information: account number and banking details.
Contractual information: information provided by you that is necessary for us to perform our contractual obligations and provide our services.
Electronic data: your IP address, frequency and length of usage of our website.
Employment data: first and last name, gender, nationality, email and postal address, experience, education, skills and achievements.
The above list of collected and processed personal data by SLF is not exhaustive and there may be other types of data that may be collected by us.
We however do not collect and/or process any special categories of personal data under Article 9 of the Law. Special categories of personal data includes, among others, data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, medical or health data, etc. We also do not in principle process any personal data relating to criminal convictions and offences.
C. LEGAL BASIS AND PURPOSE OF PROCESSING OF YOUR DATA
SLF receives, collects, stores, shares, transfers and generally processes your personal data based on the following legal bases and purposes:
1. The processing is necessary for SLF to perform its contract with you or for requested pre-contractual elements
This relates to provision of services that you have requested from us, either directly by you or indirectly by other service providers with which you have contractual or pre-contractual arrangements.
2. The processing is necessary to comply with legal and regulatory obligations
As Luxembourg lawyers, we are required to verify your identity and undertake the necessary “know your customer” (KYC) checks and thereby comply with the applicable anti-money laundering and counterterrorism financing laws and regulations. We are also bound by a set of rules provided for by the Luxembourg Bar Association. Other laws and regulations may also oblige us to provide assistance in enforcement of laws or otherwise cooperate with the relevant authorities, which will require us to process personal data.
3. The processing is necessary for our legitimate interests
SLF has certain legitimate interest for which personal data processing is necessary. This may include management of infrastructure and operations of SLF, as per the internal policies and procedures, maintenance of IT systems etc.
Moreover, your data may be used by SLF for marketing activities and commercial communication. Such communication may include distribution of newsletters and brochures, invitations to events and trainings. For the avoidance of doubt, you have the right to object at any time to such communication. Any such communication includes an option for you to unsubscribe. Alternatively you can also contact SLF at email@example.com and request that no such communication shall be send to you.
SLF may also connect and communicate with you via social media. We also monitor usage of our website in order to improve our marketing activities and communication. You can consult our Website Terms of Privacy here.
4. The processing is necessary for performance of a task carried out in the public interest or in the exercise of official authority
SLF may be requested by you or required by law to make certain filings with various authorities. This may include, but not limited to, filings with the Luxembourg register of commerce and companies, the CSSF, Luxembourg register of beneficial owners.
5. The processing is made with your consent
SLF may communicate to you a consent form whereby we may (i) inform you that we process your data and (ii) ask you to consent to our processing of your data. You may also correct and/or update any data that is processed by us.
For the avoidance of doubt, SLF never sells or leases your information to third parties.
D. DISCLOSURE OF DATA
SLF may disclose your data. Such disclosure will depend on the services we provide and the scope of our mandate and can also be made for our marketing activities. Accordingly, your data may generally be disclosed to the following (non-exhaustive list) of recipients:
Lawyers and employees of SLF;
IT service providers of SLF;
Services providers that provide services to you (auditors, domiciliation agents, administration agents, etc.);
Entities and persons to whom you have allowed us (implicitly or explicitly) to disclose your personal data (this could include your investment partners, managers, ultimate beneficial owners, etc.);
Lawyers and employees of a correspondent law firm and/or counterparty law firm;
Third parties involved when providing services to you. This can include any third party advisers or service providers, notaries, courts, etc.
Governmental bodies in Luxembourg and abroad;
Third party service providers that assist us with the organisation of events and presentations;
Third parties that manage legal directories.
The above recipients are generally located in the European Union, but it may well be that some of them (which could be due to a particular transaction and/or service provision) may be located outside of the European Union. SLF will take utmost care that no personal data is transferred outside of the European Union to a country which does not ensure adequate level of protection (unless you authorise us to do so) and/or we will take specific measures to comply with the Law.
E. DURATION OF STORAGE OF YOUR DATA
In accordance with the Law, SLF cannot store data for longer than is necessary for the purposes for which the data are processed. However, certain legal periods of limitations may apply and certain rules and regulations would require us to retain your data for a certain period of time after the termination of our contractual and/or commercial relationship. Some of the examples of such periods of time and the reasons for conserving your data are the following:
Accounting documents (and any personal data therein) shall be kept for 10 years after the end of the accounting period to which they relate.
In accordance with Article 2276 of the Luxembourg Civil Code, Luxembourg lawyers shall keep documents for 5 years after the termination of their mandate.
Identification documentation and the contractual limitation of liability shall be kept for 10 years as from the termination of the relevant contractual relationship.
As a general rule, SLF will only conserve your data (i) for the duration it is necessary to fulfil the purpose it was collected for, subject to any legal period(s) of limitation (ii) for a legitimate business purpose and (iii) within the limits and extent provided for by the applicable laws.
F. RIGHTS OF THE DATA SUBJECT
Within the limits of the Law, you may exercise the following rights:
Right to be informed (this encompasses the obligation for us to be transparent in how we collect and use your personal data. We also have an obligation to inform you that we process your personal data);
Right of access (you have the right to access your data);
Rights of rectification (you have the right to correct your personal data that is processed by us);
Right of erasure (you can request us to delete or remove your personal data where there is no compelling reason to continue processing);
Right to restriction of processing (you have the right to request us to cease processing your data if: (i) you consider it inaccurate or incomplete, (ii) where you object to processing and we are considering whether we still have a legitimate interest to process it, (iii) where we do not need the data for the original reason we collected it, but may need it to support a legal claim);
Right to data portability (where you have consented to us to process your data, or where the processing is necessary for us to deliver a contract, you can request that a copy of that data is provided to a third party in electronic form); and
Right to object (under certain circumstances, you have the right to object to our processing of your personal data).
Further details on such rights can be found in Chapter 3 of the Law. Should you wish to exercise any of these rights, please send a written request to firstname.lastname@example.org.
Please note, that you also have a right to address any complain with the Luxembourg data protection supervisory authority (Commission Nationale pour la Protection des Données (CNPD)).
G. OUR EXPECTATION FROM DATA SUBJECTS
We expect you to inform us in writing and without undue delay of changes in the information you provided to us or others about you, so that we can keep it up to date.
If you provide us with personal information not relating to you (e.g. information about your respective representatives, staff members and agents, beneficial owners, shareholders, etc. or about any third party), you must first inform them about this fact and make sure they acknowledge that we can use such information as set out in these General Terms. In particular, you must provide them with the information relating to their rights as data subjects. We assume that these third parties are informed of the processing of any personal information relating to them that we may carry out and of the disclosure of the same to third parties and countries as described herein and that, as far as necessary, you obtained these data subjects’ prior written consent.
H. CHANGES TO THESE GENERAL TERMS
SLF may amend these General Terms in order to comply with the Law and/or any other applicable regulation in this respect. Further changes may be also made to accurately reflect our data collection and processing practices. We therefore advise you to regularly check these General Terms for any updates and amendments.
I. FURTHER INFORMATION AND QUESTIONS
Feel free to contact us should you require any further information with respect to these General Terms or if you have any questions in this respect. You can reach us by email on this address email@example.com. Alternatively, you can also write to us at 19, rue Eugène Ruppert, L-2453 Luxembourg, Grand Duchy of Luxembourg.
GOVERNING LAW AND JURISDICTION
These General Terms shall be governed by and construed in accordance with the laws of the Grand Duchy of Luxembourg. Any disputes arising out of or in connection with these General Terms shall be submitted exclusively to the courts of the city of Luxembourg, Grand Duchy of Luxembourg.