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Privacy policy

In the context of 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 (hereinafter referred to as the Regulation) and the Law of the Republic of Lithuania on Legal Protection of Personal Data, LEXGATE Tamošaitis and Partners Law Firm Partners (hereinafter referred to as the Law Firm) observes the following privacy policy of personal data protection at the law firm (hereinafter referred to as the Privacy Policy). This Privacy Policy provides the visitors of www.lexgate.lt (hereinafter referred to as the Website) with clear and detailed information on how the Law Firm and specific attorney / assistant attorney (hereinafter jointly referred to as the Data Administrator) processes your personal data, namely: which personal data are processed, the purposes for which the data are processed, the legal basis for the processing and any other information required by applicable law which the Law Firm receives from you when you visit our Law Firm, the Website, contact us by e-mail or telephone, as well as which the Law Firm obtains in rendering the Legal Services or performing the Representation Agreements.

I. PROCESSING OF PERSONAL DATA. PURPOSE AND LEGAL BASIS FOR PROCESSING OF PERSONAL DATA

1. The Law Firm processes your personal data in accordance with the requirements of legal acts in order to properly execute the legal services/representation agreement concluded with you and ensure the rights and legal interests of Law Firm and its clients.

2. The legal basis for processing of personal data is:

  • your consent;
  • mutual agreement on legal services, which provides the basis for processing of personal data;
  • our legal obligations, and/or
  • our legitimate interest in ensuring the quality of our legal services.

3. In order to perform the functions stipulated in the Law on the Bar and other legal acts of the Republic of Lithuania, the following personal data of Law Firm’s clients and of other persons related to the client’s affairs may be processed in the Law Firm:

  • personal identity data: forename, surname, personal identification number, date of birth, nationality, passport and/or personal identity card details, photographs of the person and other photographs relating to the person or circumstances specified by him/her, as well as other video, audio, and electronic material;
  • contact details: (declared) residence address, email address, phone number, and other contact details;
  • data relating to the provision of services: contracts between the attorney-at-law and the client, contracts between the client and third parties, decisions by the court and other public authorities concerning the client, court orders and other documents, criminal records, attorney-client privilege, other data and information provided by the Law Firm’s client or third parties.

4. The legal basis for processing of data referred to in Article 3 is the Law on the Bar of the Republic of Lithuania and other legal acts regulating the activities of the Lithuanian Bar Association, attorneys-at-law, assistant attorneys, and lawyers of the European Union Member States wishing to practice law in the Republic of Lithuania, as well as performance of legal services/representation agreements between clients and attorneys/assistant attorneys of the Law Firm.

5. The following personal data may be processed for the purpose of conclusion, implementation, and recording of contracts for the provision of services under the self-employment certificate as well as employment contracts, also for the purpose of due performance of obligations of the Law Firm, as the employer, stipulated in legal acts:

  • forename(s), surname(s), personal identification number, (declared) residence address, email address, phone number, settlement account, marital status (marriage/divorce certificate, information on children under 14 years of age, all other information that may affect the rights and duties of a person, as an employee), health information (copy of disability certificate, statement of fitness for work), information on pay, leave and official journeys, state social insurance number, curriculum vitae, information on privileged vacation leave, and other information necessary for the Law Firm to perform its duties and exercise its rights as the employer under the applicable law.

6. The legal basis for processing of data referred to in Article 5 is the Law on the Bar of the Republic of Lithuania, the Labor Code of the Republic of Lithuania, and other legal acts regulating the employer-employee relationship.

7. For the purpose of conclusion and performance of services agreements, the following personal data of service provider’s representative may be processed:

  • full name of the party to the agreement or its representative, job title of the representative of the party to the agreement, email address and phone number of the representative of the party to the agreement, as well as any other information necessary for the Law Firm to perform its duties and exercise its rights as the party to the agreement under the applicable law.

8. The legal basis for processing of data referred to in Article 7 is the Civil Code of the Republic of Lithuania and execution of the agreement.

9. For the purpose of providing information to the applicants on the basis of their inquiries, data provided by the applicants is processed. The personal data referred to herein is processed with the applicant’s consent, as the applicant requesting the information submits his/her personal data voluntarily.

II. WAYS OF OBTAINING PERSONAL DATA

10. Personal data is obtained from:

  • data subjects themselves (clients), when such data is required by the legislation or when such data is provided voluntarily by data subjects;
  • third parties on their own initiative or at the Law Firm’s request for the data necessary to fulfill the attorney-at-law functions as defined by law.

III. RETENTION PERIOD OF PERSONAL DATA

11. The period of retention of documents and other information on personal data processed by the Law Firm is determined by the legal acts of the Republic of Lithuania

12. If the legislation of the Republic of Lithuania does not provide for any period of retention of documents or other information processed by the Law Firm, this period shall be determined in the internal rules of the Law Firm, taking into account the legitimate purpose, legal basis of data retention, and the principles of lawful processing of personal data.

IV. THIRD-PARTY DISCLOSURE

13. The personal data of data subjects may be disclosed by the Law Firm to:

  • data processors, who provide auxiliary services to the Law Firm (IT, bookkeeping, translation, debt recovery, enforcement of decisions), and during which very limited processing of personal data of data subjects can take place. All data processors of the Law Firm must ensure the protection of personal data of data subjects, abstain from using it for unauthorized purposes, and ensure that their partners act in the same way.

14. Other cases of transfer of personal data:

  • the Law Firm may transfer personal data of data subject to state and municipal authorities, courts, bailiffs, notaries, debt recovery companies, delegated persons and other persons performing functions assigned to them by law upon their request or in pursuit of implementation of legitimate interest of the Law Firm or the client in the execution or defense of legitimate claims;
  • in other cases, personal data may also be transferred or disclosed only on the grounds and according to the procedure established by legal acts.

V. TERMS AND CONDITIONS OF PROCESSING AND PROTECTING PERSONAL DATA AT THE LAW FIRM

15. Personal data may be collected, stored, processed, provided both in a digital form and in material or paper media by any means, including email and web connection, which, taking into account the nature of data processed, ensure safe handling and prevent unauthorized access to personal data.

16. The Law Firm implements and ensures appropriate organizational and technical measures aimed at protecting personal data from accidental or unlawful destruction, alteration, unauthorized disclosure or any other unlawful processing. Data is stored securely and is accessible to a limited number of individuals.

17. Copies of documents containing personal data must be destroyed in such a way that these documents cannot be reproduced and their content identified.

18. Personal data is processed within the European Union/European Economic Area, but in some cases it may be necessary to transfer personal data to data recipients outside the European Union/European Economic Area. In this context, the Law Firm is taking steps to protect personal data and may, therefore, rely on the European Commission’s decision on adequacy, which means that the European Union considers that national laws or agreements provide adequate protection of personal data. In the absence of the European Commission’s decision on adequacy, the data controller or the data processor may transfer personal data to a third country or an international organization outside the European Union/European Economic Area, only if the data controller or the data processor has established appropriate safeguards provided that there is access to enforceable data subjects’ rights and effective remedies for data subjects.

VI. RIGHTS OF THE DATA SUBJECT

19. The data subject has the following rights:

  • the right of information on whether the Law Firm processes personal data of data subject and, if such personal data is processed, the right to have access to his/her personal data. We, therefore, inform you of this in advance in this Privacy Policy;
  • the right to apply to the Law Firm to correct inaccurate personal data;
  • the right to erasure of his/her personal data, if the data subject considers that there is no need for the Law Firm to continue keeping it or the data subject has given his/her consent and decided to withdraw it. An application may be granted only if it is justified. Nor does this right apply to processing of data relating to freedom of expression and information, legal obligations, or the establishment, exercise and defense of legal requirements;
  • the right to receive or transfer personal data to another data controller (so-called the right to data portability). This right applies to the automated processing at the request of the data subject;
  • the right to restrict the processing of personal data under certain circumstances. This means that the Law Firm will continue to protect the data subject’s personal data, but will not be able to process it temporarily;
  • the right to object to processing personal data where the processing of personal data is based on the legitimate interests of the Law Firm or of third parties. The data subject may exercise it, if he/she considers that his/her personal interests override the legitimate interests of the Law Firm to process the data subject’s data;
  • the right to withdraw his/her consent to processing personal data at any time.

20. In order to exercise these rights, the data subject may apply to the Law Firm in writing, including the electronic form of application.

VII. THE USE OF COOKIES ON WEBSITE WWW.LEXGATE.LT

In order to improve visiting the Law Firm’s website, the Firm may use cookies. It is a data set created by the website and recorded on a visitor’s computer or other terminal device. The information gathered through such cookies allows ensuring more convenient browsing in the Firm’s website and learning more about the behavior of website visitors, analyzing trends, and improving both the website and the services provided by the Firm or information, which is made available on the website. Cookies help processing anonymized data. If a website visitor does not agree to Google cookies being recorded on his/her computer or such other terminal equipment, he/she can change his/her web browser settings and turn off all cookies, delete them all, or turn them on/off one by one.

VIII. CHANGES TO THE PRIVACY POLICY

The Law Firm reviews this Privacy Policy on a regular basis, the updates or changes of which are published on the Law Firm’s website at www.lexgate.lt. Such updated or changed Privacy Policy takes effect from the date of its publication on the website.

IX. CONTACT INFORMATION

If you have any questions regarding the processing of personal data, you can contact LEXGATE Tamošaitis and Partners Law Firm by calling +370 46 212212, mailing to I. Kanto g. 6, LT-92235 Klaipėda, Republic of Lithuania, emailing to info@lexgate.lt, or visiting the Law Firm at I. Kanto g. 6, LT-92235 Klaipėda, Republic of Lithuania.

We will respond to the applications, complaints, or claims in writing in accordance with the procedures and terms established by legal acts and will endeavor to provide you with information as soon as possible, but not later than within 30 (thirty) days of receipt of your application. This deadline may be extended for the same period depending on the scope and complexity of the matter. If, upon receipt of the application, complaint, or claim, we have suspicions/doubts about the identity of the applicant, we have the right to ask for a personal identification document from the applicant.