Proteksyon sa personal na data

PROTEKSYON SA PERSONAL NA DATA

 

MCGA legal, s.r.o.

Our Company adheres to the following principles when processing personal data:

 

The principle of legality. Our Company processes data only in a lawful manner so as not to violate the fundamental rights of the data subject. Our Company always processes personal data for at least one of the following reasons: 

  1. the data subject has consented to the processing of his or her personal data for at least one specific purpose,
  2. the processing of personal data is necessary for the performance of a contract to which the data subject is a party or for the execution of a pre-contractual measure at the request of the data subject,
  3. the processing of personal data is necessary according to a special regulation or an international agreement by which the Slovak Republic is bound,
  4. the processing of personal data is necessary for the protection of the life, health or property of the person concerned or of another natural person,
  5. the processing of personal data is necessary for the performance of a task carried out in the public interest or in the exercise of official authority conferred on the operator; or
  6. the processing of personal data is necessary for the purpose of the legitimate interests of the operator or of a third party, except where those interests outweigh the interests or rights of the data subject requiring the protection of personal data, in particular if the data subject is a child.

Principle of limitation of purpose. Our Company collects personal data only for a specifically determined, explicitly stated and legitimate purpose and does not further process them in a way that is incompatible with this purpose. Our Company informs the data subject about the purpose of processing their personal data before processing them. 

Principle of minimization of personal data. Our Company processes personal data in such a way that such processing is appropriate, relevant and limited to the extent necessary for the purpose for which it is processed. In order to ensure the minimization of personal data, our Company has decided to regularly analyze whether the processed data is adequate, relevant and limited to the extent necessary for the purposes for which they are processed. If the Company finds that it processes personal data to a greater than necessary extent, it restricts such processing.

Principle of accuracy. Our Company processes personal data so that it is correct and updated as necessary; at the same time, it shall take appropriate and effective measures to ensure that personal data which are incorrect in relation to the purposes for which they are processed are erased or rectified without undue delay. To ensure the principle of accuracy, our Company has the following wording in written consent to the processing of personal data: “The person concerned is obliged to provide true and current personal data. In the event of a change in personal data, the data subject shall be obliged to notify the operator of the change without delay."

Principle of minimization of retention. Personal data is stored by our Company in a form that allows the identification of the person concerned at the latest as long as it is necessary for the purpose for which the personal data are processed.

Principle of integrity and confidentiality. Personal data is processed in our Company in a way that guarantees adequate security of personal data, including protection against unauthorized processing of personal data, illegal processing of personal data, accidental loss of personal data, and deletion of personal data or damage to personal data.  

Principle of responsibility. Our Company is responsible for compliance with the basic principles of personal data processing and is obliged to prove this compliance with the principles of personal data processing at the request of the Authority. 

Processing of special categories of personal data. Our Company may process special categories of personal data. Specific categories of personal data are data revealing the racial or ethnic origin, political opinions, religious beliefs, philosophical beliefs, trade union membership, genetic data, biometric data, health data or data on the sexual life or sexual orientation of a natural person.

Depending on the nature of legal representation of clients, Our Company may process all special categories of personal data, while our Company requires explicit consent to process all the above categories or processes these personal data for reasons pursuant to § 16 par. 2, letter f) ZoOOÚ. When processing special categories of personal data, we keep a record of processing activities.    

The Company does not intend to transfer personal data to a third country or international organization.

The Office for Personal Data Protection shall publish on its website a list of third countries, territories and designated sectors in that third country and international organizations for which the European Commission has decided that an adequate level of protection is guaranteed or has no longer been guaranteed.

The list is available at: https://dataprotection.gov.sk/uoou/sk/content/prenos-do-krajin-zarucuju… .

Our Company regularly monitors this list and in the event that it transfers personal data to countries outside the list of the Office for Personal Data Protection, it will proceed in accordance with § 47 - § 51 of the ZoOOÚ.

 

OPERATOR, PERSON RESPONSIBLE, INTERMEDIARIES, BENEFICIARIES

 

Operator:

MCGA legal, sro, with its registered office at Partizánska 2, 811 03 Bratislava, Company Identification Number: 36 715 662, Mgr. Branislav Juráš, managing director

Contact: +421 2 5464 1851, gdpr@mcga.sk  

 

Responsible person:

Mgr. Branislav Juráš, managing director

Contact: +421 2 5464 1851, gdpr@mcga.sk

 

Possible personal data intermediaries:

McGrath & Arthur s.r.o., Partizánska 2, 811 03 Bratislava, ID: 35 962 836, 

MCGA accounting, s.r.o., Partizánska 2, 811 03 Bratislava, ID: 36 662 283, 

SMART accounting, s.r.o., Landauova 22, 841 01 Bratislava, ID: 47 317 761,

mcpower.sk, s.r.o., Partizánska 14, 811 03 Bratislava, ID: 35 840 421,

AVE Soft s.r.o., Dostálova 882/63, Heřmanice , 713 00 Ostrava, Czech Republic, ID: 25 378 392,

AVE Soft Solutions s.r.o., Dostálova 882/63, Heřmanice , 713 00 Ostrava, Czech Republic, ID: 01 808 061,

GRANDCOM, s.r.o., Odborárska 1372/7, Nové Mesto nad Váhom 915 01, ID: 46 972 048,

Edmund Krištof, Tomášikova 12573/50E, Bratislava-Nové Mesto 831 04, ID: 41 973 895,

Fitek s.r.o., Nová Rožňavská 136, Bratislava 831 04, ID: 46 950 095,

Law office Tomáš Petko s.r.o., Drotárska cesta 7, Bratislava 811 02, ID: 50 218 107,

Cromwell a.s., Lamačská 22, Bratislava 841 03, ID: 31 353 746.  

 

Potential beneficiaries of personal data:

McGrath & Arthur s.r.o., Partizánska 2, 811 03 Bratislava, ID: 35 962 836, 

SMART accounting, s.r.o., Landauova 22, 841 01 Bratislava, ID: 47 317 761,  

mcpower.sk, s.r.o., Partizánska 14, 811 03 Bratislava, ID: 35 840 421,  

AVE Soft s.r.o., Dostálova 882/63, Heřmanice , 713 00 Ostrava, Czech Republic, ID: 25 378 392,  

AVE Soft Solutions s.r.o., Dostálova 882/63, Heřmanice , 713 00 Ostrava, Czech Republic, ID: 01 808 061,  

GRANDCOM, s.r.o., Odborárska 1372/7, Nové Mesto nad Váhom 915 01, ID: 46 972 048,  

Edmund Krištof, Tomášikova 12573/50E, Bratislava-Nové Mesto 831 04, ID: 41 973 895,  

Fitek s.r.o., Nová Rožňavská 136, Bratislava 831 04, ID: 46 950 095,  

Law office Tomáš Petko s.r.o., Drotárska cesta 7, Bratislava 811 02, ID: 50 218 107,  

MCGA accounting, s.r.o., Partizánska 2, 811 03 Bratislava, ID: 36 662 283, 

Cromwell a.s., Lamačská 22, Bratislava 841 03, ID: 31 353 746 .  

 

 

SCOPE OF PERSONAL DATA PROCESSED

 

Our Company processes personal data to varying degrees depending on the type of person concerned.  

 

Personal data of clients:

a) Name, surname, maiden name, title,           

b) Date of birth,           

c) Birth number,           

d) Street and number, postal code, city,           

e) Email, telephone contact,           

f) ID card number,            

g) Highest level of education attained (according to the type of legal services provided),           

h) School / employment / profession (according to the type of legal services provided),           

i) Nationality (according to the type of legal services provided),            

j) Marital status (according to the type of legal services provided),            

k) Property relations (according to the type of legal services provided),           

l) Health data (according to the type of legal services provided)            

m) Personal data of the legal, elected or appointed representative (if applicable).         

 

We obtain personal data through direct contact with the client, while this personal data is obtained by the statutory body of the Company, cooperating lawyer or law clerk, usually in paper form. Upon the first contact with the client, the Company's statutory body, lawyer or trainee lawyer will ensure the signing of the client's consent to the processing of personal data. Clients' consents to the processing of personal data are registered in a special file. The provision of personal data is a contractual requirement and if it is not provided, it will not be possible to provide legal services. The consent to the processing of personal data contains data on the operator, the responsible person, intermediaries and recipients of personal data of the data subject, as well as information on the purpose of personal data processing, rights and obligations of the data subject and the time of personal data processing.    

Personal data of clients, counterparties, third parties in a given legal matter are registered separately from other personal data of other clients, counterparties and third parties. 

The purpose and legal basis of the processing is the consent of the data subject and the provision of legal services.

Among the legitimate interests according to § 13 par. 1, letter f) may include the protection and safety of persons and property at the workplace and on the Company's premises, the sending of newsletters and offers of legal services, resp. similar information of a legal nature.

The person concerned has the right to withdraw his consent at any time.

Personal data are processed for a period of 10 years after the end of representation. After this time, personal data is destroyed by the physical disposal of documentation, as well as the permanent deletion of computer data.

 

Personal data of debtors, counterparties, contractual partners of clients:

a) Name, surname, maiden name, title,           

b) Date of birth,           

c) Birth number,           

d) Street and number, postal code, city of permanent and temporary residence,           

e) Email, telephone contact,           

f) ID card number,            

g) Identification data of the client's records (contract number / contract relationship number),           

h) Highest level of education attained (according to the type of legal services provided),           

i) School / employment / profession, including the amount of salary, maintenance obligations, the amount of deductions from salary, (according to the type of legal services provided),             

j) Nationality (according to the type of legal services provided),            

k) Marital status (according to the type of legal services provided),           

l) Property relations, information on guarantors, debtors, co-debtors, contractual relations, owned real estate and movables (according to the type of legal services provided),            

m) Health data (according to the type of legal services provided)         

n) Personal data of the legal, elected or appointed representative (if applicable).           

 

Our Company usually obtains personal data from counterparties in the form of a personal meeting or telephone or letter communication with the counterparty. The basis for the processing of personal data is the processing of personal data for the purpose of the legitimate interests of the client according to § 13 par. 1 letter f) ZoOOÚ. The provision of personal data is not a legal or contractual requirement and no consequences will be drawn if they are not provided.  

Information on the categories of personal data processed is provided or results directly from communication with the counterparty.

The purpose and legal basis of the processing are the legitimate interests of the client and the provision of legal services.

Among the legitimate interests according to § 13 par. 1, letter f) the protection and safety of persons and property at the workplace and on the premises of the Company may be included.

Personal data are processed for a period of 10 years after the end of representation. After this time, personal data is destroyed by physical disposal of documentation as well as permanent deletion of computer data.

 

Personal data of employees and job seekers:

a) Name, surname, title,           

b) Permanent residence - street and number, postal code, city,           

c) Date of birth, birth number,           

d) Bank account number (IBAN),           

e) Name of the health insurance Company, the supplementary pension savings bank,           

f) Email, telephone contact,            

g) Highest completed education,           

h) School, in case of temporary work of students,           

i) Marital status,            

j) Citizenship,            

k) Sex,           

l) Basic salary, personal appraisal,            

m) Data on the spouse and children,         

n) Recorded voice, face, figure,           

o) Other features of the person that may be detected by the recording system.           

 

Personal data of employees and job seekers are usually obtained at a job interview, resp. at the first contact with the job seeker, when the secretariat (in the absence of an employee of the Company conducting the interview) submits to the job seeker consent to the processing of personal data.   

We process this personal data for the purpose of concluding an employment contract or other contract, resp. agreement under the Labor Code on the basis of the performance of the contract to which the person concerned is a party, or to take action before concluding the contract with the consent of the person concerned and because personal data processing is necessary under a special regulation or international agreement by which the Slovak Republic is bound to payroll and accounting management. Above all, it is a law no. 431/2002 Coll. on Accounting, Act No. 595/2003 Coll. on income tax, as amended, and other legislation.

This personal data is kept separately by the interviewing staff and provided to the extent necessary to the secretariat for the purpose of the interview. The personal data of unsuccessful job seekers are permanently deleted from e-mail boxes as well as physically destroyed within two months of obtaining consent.

Personal data of successful job seekers are subsequently processed during the duration of the employment relationship, resp. agreements outside the employment relationship.

Personal data are after termination of employment, respectively out-of-employment agreements processed for a period of 10 years. After this time, personal data is destroyed by physical disposal of documentation as well as permanent deletion of computer data.

 

Personal data of employees' family members:

a) Names, surnames and birth numbers of family members whose data are necessary for the application of the tax bonus and other legal claims,           

b) Copy of the staff member's birth certificate containing the following personal data:           

i. day, month, year, place of birth and birth number of the child,             

ii. name and surname of the child,            

iii. the sex of the child,           

iv. names, surnames, birth surnames, dates and places of birth, citizenships and birth numbers of parents,          

v. signature stating the name, surname and position of the authorized person of the registry office.           

 

We process personal data of family members of employees for the purposes of keeping the employee's payroll and accounting agenda due to the fact that the processing of personal data is necessary according to a special regulation or an international agreement by which the Slovak Republic is bound. Above all, it is a law no. 431/2002 Coll. on Accounting, Act No. 595/2003 Coll. on income tax, as amended, and other legislation.

In case of an employee's request for the application for a tax bonus for a child or other claim, documented in accordance with special regulations by employee's family members' personal data, the Company's statutory body or an authorized person submits the consent to the processing of personal data to this employee and the employee ensures its signing by the persons concerned.

The personal data in question are processed for a period of 10 years after the termination of the employee's employment.

After this time, personal data is destroyed by physical disposal of documentation as well as permanent deletion of computer data.

 

Personal data of persons recorded by the camera system at the workplace and on the premises of the Company:

a) Face of the monitored natural person,           

b) Other features of the person that can be detected by the camera system,           

 

The processing of personal data is necessary for the purpose of the legitimate interests of the operator. Therefore, it is not necessary to require the consent of the persons concerned. Personal data, if it is processed, is stored for 14 days on a server to which only the Company's statutory bodies have access and is then automatically deleted.  

 

Personal data of mail senders:

a) Name, surname, maiden name, title,           

b) Street and number, postcode, city.           

 

Our Company obtains personal data in cases of receipt of postal items. 

The purpose and legal basis of processing is the registration of incoming mail and legitimate interests according to § 13 par. 1, letter f) ZoOOÚ.

The personal data of mail senders are registered by the Secretariat in the book of incoming mail (or the book of sent mail) for a period of 10 years.

After this time, personal data is physically destroyed.

 

Personal data of the Company's contractual partners:

a) Name, surname, maiden name, title,           

b) Date of birth,           

c) Street and number, postal code, city of place of business,           

d) Email, telephone contact,           

e) IČO,           

f) TAX number,            

g) VAT number,           

h) Registration number in ORSR or ŽRSR.           

 

At concluding all the contracts, the managers and cooperating persons in a senior position are entrusted to incorporate a contractual clause containing information on the rights and obligations of the data subject, personal data processing time, operator, intermediaries, responsible person and potential beneficiaries of personal data into the draft contracts.

The purpose and legal basis of the processing is the conclusion and performance of the contract.

Among the legitimate interests according to § 13 par. 1, letter f) ZoOOÚ may be also included the protection and safety of persons and property at the workplace and on the Company's premises, the sending of newsletters and offers of legal services, or similar information of a legal nature.

The personal data in question are processed for a period of 10 years after the termination of the contractual relationship.

After this time, personal data is destroyed by physical disposal of documentation as well as permanent deletion of computer data.

 

Collection of personal data from persons other than the persons concerned

If our Company obtains the personal data of the data subject from another person, we provide information on the rights and obligations of the data subject, the time of personal data processing, operator, intermediaries, the responsible person and potential beneficiaries of personal data via the Company's website.   

If our Company obtains the personal data of the data subject from another person, the information below, which we will not provide to the data subject via website due to the impossibility of unification of data to the data subject, the respective data is provided to the data subject by letter or in a recorded telephone conversation. 

 

  1. Purpose, legal basis for the processing of personal data,
  2. Categories of personal data,
  3. The source from which the personal data come, or information on whether they come from publicly available sources.

 

We are required to provide the above information

 

  1. within one month of obtaining the personal data, taking into account the specific circumstances under which the personal data are processed,
  2. at the latest at the time of the first communication with the data subject, if the personal data are to be used for communication with the data subject, or
  3. at the latest when personal data are provided for the first time, if the transfer of personal data to another recipient is envisaged.

 

This does not apply to the extent that the acquisition or the provision of such information is provided in a special regulation (Law on Advocacy, Bar Code) which applies to the operator and provides for appropriate measures to protect the rights and legitimate interests of the data subject, or that the personal data must remain confidential on the basis of the duty of confidentiality pursuant to a special regulation (Law on Advocacy, Bar Code).

 

RIGHTS OF THE PERSON CONCERNED

 

The obligations of the operator in exercising the rights of the person concerned are regulated in § 29 of the ZoOOÚ. Restrictions on the rights of the person concerned are regulated in § 30 of the ZoOOÚ.

The rights of the affected person are regulated in § 19 - § 28 of the ZoOOÚ and Our Company undertakes to observe them. 

These are the following rights. 

  1. The affected person has the right to provide information on the processing of his personal data by the Company when obtaining personal data from the affected person pursuant to Section 19 of the ZoOOÚ. Our Company obtains personal data from the persons concerned in the following ways (§§ 19, 20 and 21 ZoOOÚ):
  1. obtaining personal data from clients,
  2. obtaining personal data from counterparties,
  3. obtaining personal information from employees and applicants for employment,  
  4. obtaining personal data from employees' family members,
  5. obtaining personal data of persons recorded by the camera system at the workplace and on the Company's premises,  
  6. obtaining personal data of the Company's contractual partners,
  7. obtaining personal data when registering on the website, resp. online portals (Sherlock/Evolio),
  8. obtaining personal data of mail senders,
  9. obtaining personal data from a person other than the data subject.

 

  1. The data subject shall have the right to obtain confirmation from the operator as to whether personal data concerning him or her and the personal data themselves are being processed.

 

Our Company, as the operator, confirms in writing to the data subject whether it processes personal data concerning him, stating:

 

  1. the purpose for which it processes personal data,
  2. calculation of all personal data that it processes,
  3. absence of the recipient,
  4. the retention period of personal data,
  5. information on the right to request from the Company access to personal data concerning the data subject (§ 21 ZoOOÚ), on the right to correct personal data (§ 22 ZoOOÚ), on the right to delete personal data (§ 23 ZoOOÚ) or on the right to restrict the processing of personal data (§ 24 ZoOOÚ), on the right to object to the processing of personal data (§ 27 ZoOOÚ), as well as on the right to the transferability of personal data (§ 26 ZoOOÚ),
  6. the right to file a motion to initiate proceedings pursuant to Section 100 of the ZoOOÚ,
  7. the source of the personal data, if the personal data were not obtained from the data subject,
  8. information that in the given case it is not an automated individual decision-making, including profiling according to § 28 par. 1 and 4 ZoOOÚ.  

 

The Company may charge a reasonable fee corresponding to the administrative costs for the repeated provision of personal data requested by the data subject. The Company is obliged to provide personal data to the data subject in a manner required by his or her request.

 

  1. The data subject has the right to have the operator correct incorrect personal data concerning him or her without undue delay. With regard to the purpose of the processing of personal data, the data subject has the right to supplement incomplete personal data. In such a case, the Company will comply with the provisions of § 25 ZoOOÚ, if applicable. (§ 22 ZoOOÚ)
  2. The data subject has the right to have the operator delete personal data concerning him or her without undue delay. The person concerned has the right to cancellation only if the conditions under § 23 of the ZoOOÚ are met. In such a case, the Company will comply with the provisions of § 25 ZoOOÚ, if applicable. (§ 23 ZoOOÚ)
  3. The data subject has the right to have the operator restrict the processing of personal data concerning him or her if the conditions under § 24 of the ZoOOÚ are met. In such a case, the Company will comply with the provisions of § 25 ZoOOÚ, if applicable. (§ 24 ZoOOÚ)
  4. The data subject has the right to obtain personal data concerning him or her and which he or she has provided to the operator, in a structured, commonly used and machine readable format and has the right to transfer this personal data to another operator, if technically possible and after meeting the conditions set out in § 26 ZoOOÚ. (§ 19, 20, 20 and 26 ZoOOÚ)
  5. The data subject has the right to object to the processing of personal data concerning him or her if the processing of personal data is performed for the purpose of the legitimate interests of the Company or a third party (i.e. not by consent or on a contractual basis). (§ 27 ZoOOÚ)

 

In the event that a person requests information or measures (e.g. to delete personal data), the Company is obliged to respond to such a request within one month of receiving the request. In the event that the Company does not take any measures (e.g. does not delete personal data), it informs the applicant of the reasons for non-action and the right to file a complaint pursuant to § 100 of the ZoOOÚ.   

 

Our Company may, under the conditions stipulated by a special regulation or an international agreement by which the Slovak Republic is bound (the Advocacy Act), limit the scope of obligations and rights pursuant to § 19 to § 29 and § 41, as well as the principles pursuant to § 6 to § 12 ZoOOÚ, if they relate to rights and obligations pursuant to § 19 to § 29 of the ZoOOÚ, if such a restriction is established in order to ensure the protection of the rights of the person or other persons and the exercise of legal rights of the Company's clients, the Advocacy Act and related regulations 2 ZoOOÚ.

 

The above may mean the denial of the right of the person concerned pursuant to § 19, 20, 21, 23 and 24 of the ZoOOÚ. 

 

PROTECTION OF PERSONAL DATA

 

McGrath & Arthur s.r.o.

 

Our Company adheres to the following principles when processing personal data:

 

The principle of legality. Our Company processes data only in a lawful manner so as not to violate the fundamental rights of the data subject. Our Company always processes personal data for at least one of the following reasons: 

  1. the data subject has consented to the processing of his or her personal data for at least one specific purpose,
  2. the processing of personal data is necessary for the performance of a contract to which the data subject is a party or for the execution of a pre-contractual measure at the request of the data subject,
  3. the processing of personal data is necessary according to a special regulation or an international agreement by which the Slovak Republic is bound,
  4. the processing of personal data is necessary for the protection of the life, health or property of the person concerned or of another natural person,
  5. the processing of personal data is necessary for the performance of a task carried out in the public interest or in the exercise of official authority conferred on the operator; or
  6. the processing of personal data is necessary for the purpose of the legitimate interests of the operator or of a third party, except where those interests outweigh the interests or rights of the data subject requiring the protection of personal data, in particular if the data subject is a child.

Principle of limitation of purpose. Our Company collects personal data only for a specifically determined, explicitly stated and legitimate purpose and does not further process them in a way that is incompatible with this purpose. Our Company informs the data subject about the purpose of processing their personal data before processing them. 

Principle of minimization of personal data. Our Company processes personal data in such a way that such processing is appropriate, relevant and limited to the extent necessary for the purpose for which it is processed. In order to ensure the minimization of personal data, our Company has decided to regularly analyze whether the processed data is adequate, relevant and limited to the extent necessary for the purposes for which they are processed. If the Company finds that it processes personal data to a greater than necessary extent, it restricts such processing.

Principle of accuracy. Our Company processes personal data so that it is correct and updated as necessary; at the same time, it shall take appropriate and effective measures to ensure that personal data which are incorrect in relation to the purposes for which they are processed are erased or rectified without undue delay. To ensure the principle of accuracy, our Company has the following wording in written consent to the processing of personal data: “The person concerned is obliged to provide true and current personal data. In the event of a change in personal data, the data subject shall be obliged to notify the operator of the change without delay."

Principle of minimization of retention. Personal data is stored by our Company in a form that allows the identification of the person concerned at the latest as long as it is necessary for the purpose for which the personal data is processed.

Principle of integrity and confidentiality. Personal data is processed in our Company in a way that guarantees adequate security of personal data, including protection against unauthorized processing, illegal processing, accidental loss, and deletion of personal data or damage to personal data.  

Principle of responsibility. Our Company is responsible for compliance with the basic principles of personal data processing and is obliged to prove this compliance with the principles of personal data processing at the request of the Authority.

Processing of special categories of personal data. Our Company may process special categories of personal data. Specific categories of personal data are data revealing the racial or ethnic origin, political opinions, religious beliefs, philosophical beliefs, trade union membership, genetic data, biometric data, health data or data on the sexual life or sexual orientation of a natural person. .

Our Company may process all special categories of personal data, while our Company requires explicit consent for the processing of all the above categories or processes these personal data for reasons pursuant to § 16 para. 2, letter f) ZoOOÚ. When processing special categories of personal data, we keep a record of processing activities.   

The Company does not intend to transfer personal data to a third country or international organization.

The Authority for Personal Data Protection shall publish on its website a list of third countries, territories and designated sectors in that third country and international organizations for which the European Commission has decided that an adequate level of protection is guaranteed or has no longer been guaranteed.

The list is available at: https://dataprotection.gov.sk/uoou/sk/content/prenos-do-krajin-zarucuju… .

Our Company regularly monitors this list and in the event that it transfers personal data to countries outside the list of the Office for Personal Data Protection, it will proceed in accordance with § 47 - § 51 of the ZoOOÚ.

 

OPERATOR, PERSON RESPONSIBLE, INTERMEDIARIES, BENEFICIARIES

 

Operator:

McGrath & Arthur sro, with its registered office at Partizánska 2, 811 03 Bratislava, Company Identification Number: 35 962 836, Mgr. Branislav Juráš, managing director

Contact: +421 2 5464 1851, gdpr@mcga.sk

 

Responsible person:

Mgr. Branislav Juráš, managing director

Contact: +421 2 5464 1851, gdpr@mcga.sk

 

Possible personal data intermediaries:

MCGA legal, s.r.o., Partizánska 2, 811 03 Bratislava, ID: 36 715 662,  

MCGA accounting, s.r.o., Partizánska 2, 811 03 Bratislava, ID: 36 662 283,  

SMART accounting, s.r.o., Landauova 22, 841 01 Bratislava, ID: 47 317 761, 

mcpower.sk, s.r.o., Partizánska 14, 811 03 Bratislava, ID: 35 840 421,

AVE Soft s.r.o., Dostálova 882/63, Heřmanice , 713 00 Ostrava, Czech Republic, ID: 25 378 392,

AVE Soft Solutions s.r.o., Dostálova 882/63, Heřmanice , 713 00 Ostrava, Czech Republic, ID: 01 808 061,

GRANDCOM, s.r.o., Odborárska 1372/7, Nové Mesto nad Váhom 915 01, ID: 46 972 048,

Edmund Krištof, Tomášikova 12573/50E, Bratislava-Nové Mesto 831 04, ID: 41 973 895,

Fitek s.r.o., Nová Rožňavská 136, Bratislava 831 04, ID: 46 950 095,

Law office Tomáš Petko s.r.o., Drotárska cesta 7, Bratislava 811 02, ID: 50 218 107,

Cromwell a.s., Lamačská 22, Bratislava 841 03, ID: 31 353 746.  

 

Potential beneficiaries of personal data:

MCGA legal, s.r.o., Partizánska 2, 811 03 Bratislava, ID: 36 715 662,  

MCGA accounting, s.r.o., Partizánska 2, 811 03 Bratislava, ID: 36 662 283, 

SMART accounting, s.r.o., Landauova 22, 841 01 Bratislava, ID: 47 317 761,  

mcpower.sk, s.r.o., Partizánska 14, 811 03 Bratislava, ID: 35 840 421,  

AVE Soft s.r.o., Dostálova 882/63, Heřmanice , 713 00 Ostrava, Czech Republic, ID: 25 378 392,  

AVE Soft Solutions s.r.o., Dostálova 882/63, Heřmanice , 713 00 Ostrava, Czech Republic, ID: 01 808 061,  

GRANDCOM, s.r.o., Odborárska 1372/7, Nové Mesto nad Váhom 915 01, ID: 46 972 048,  

Edmund Krištof, Tomášikova 12573/50E, Bratislava-Nové Mesto 831 04, ID: 41 973 895,  

Fitek s.r.o., Nová Rožňavská 136, Bratislava 831 04, ID: 46 950 095,  

Law office Tomáš Petko s.r.o., Drotárska cesta 7, Bratislava 811 02, ID: 50 218 107,  

Cromwell a.s., Lamačská 22, Bratislava 841 03, ID: 31 353 746.  

 

 

SCOPE OF PERSONAL DATA PROCESSED

 

Our Company processes personal data to varying degrees depending on the type of person concerned.  

 

Personal data of clients:

a) Name, surname, maiden name, title,           

b) Date of birth,           

c) Birth number,           

d) Street and number, postal code, city,           

e) Email, telephone contact.           

 

We obtain personal data through direct contact with the client, while personal data is obtained by the Company's statutory bodies or senior employee. Upon the first contact with the client, the Company's statutory body or senior employee will ensure the signing of the client's consent to the processing of personal data. Clients' consents to the processing of personal data are registered in a special file. The provision of personal data is a contractual requirement and if it is not provided, it will not be possible to provide services. The consent to the processing of personal data contains data on the operator, the responsible person, intermediaries and recipients of personal data of the data subject, as well as information on the purpose of personal data processing, rights and obligations of the data subject and the time of personal data processing.        

Personal data of clients, counterparties, third parties in a given legal matter are registered separately from other personal data of other clients, counterparties and third parties. 

The purpose and legal basis of the processing is the consent of the data subject.

Among the legitimate interests according to § 13 par. 1, letter f) may include the protection and safety of persons and property at the workplace and on the Company's premises, the sending of newsletters and offers of legal services, resp. similar information of a legal nature.

The person concerned has the right to withdraw his consent at any time.

Personal data is processed for a period of 10 years after the termination of the provision of services. After this time, personal data is destroyed by the physical disposal of documentation, as well as the permanent deletion of computer data.

 

Personal data of debtors, counterparties, contractual partners of clients:

a) Name, surname, maiden name, title,           

b) Date of birth,           

c) Birth number,           

d) Street and number, postal code, city of permanent and temporary residence,           

e) Email, telephone contact,           

f) ID card number,            

g) Identification data of the client's records (contract number / contract relationship number),           

h) Highest educational attainment (according to the type of services provided),           

i) School/employment/profession, including the amount of wages, maintenance obligations, the amount of deductions from wages, (according to the type of services provided),             

j) Nationality (according to the type of services provided),            

k) Marital status (according to the type of services provided),           

l) Property relations, information on guarantors, debtors, co-debtors, contractual relations, owned real estate and movables (according to the type of services provided),            

m) Health data (according to the type of services provided),       

n) Personal data of the legal, elected or appointed representative (if applicable).           

 

Our Company usually obtains personal data from counterparties in the form of a personal meeting, or telephone or letter communication with the counterparty. The basis for the processing of personal data is the processing of personal data for the purpose of the legitimate interests of the client according to § 13 par. 1 letter f) ZoOOÚ. The provision of personal data is not a legal or contractual requirement and no consequences will be drawn if they are not provided.  

Information on the categories of personal data processed is provided or results directly from communication with the counterparty.

The purpose and legal basis of the processing are the legitimate interests of the client.

Among the legitimate interests according to § 13 par. 1, letter f) the protection and safety of persons and property at the workplace and on the premises of the Company may be included.

Personal data are processed for a period of 10 years after the end of representation. After this time, personal data is destroyed by physical disposal of documentation as well as permanent deletion of computer data.

 

Personal data of employees and job seekers:

a) Name, surname, title,           

b) Permanent residence - street and number, postal code, city,           

c) Date of birth, birth number,           

d) Bank account number (IBAN),           

e) The name of the health insurance Company, the supplementary pension savings bank,           

f) Email, telephone contact,            

g) Highest completed education,           

h) School, in case of temporary work of students,           

i) Marital status,            

j) Citizenship,            

k) Sex,           

l) Basic salary, personal appraisal,            

m) Data on the spouse and children,         

n) Recorded voice, face, figure,           

o) Other features of the person that may be detected by the recording system.           

 

Personal data of employees and job seekers are usually obtained at a job interview, resp. at the first contact with the job seeker, when the secretariat (in the absence of an employee of the Company conducting the interview) submits to the job seeker consent to the processing of personal data.   

We process this personal data for the purpose of concluding an employment contract or other contract, resp. agreement under the Labor Code on the basis of the performance of the contract to which the person concerned is a party, or to take action before concluding the contract with the consent of the person concerned and because personal data processing is necessary under a special regulation or international agreement by which the Slovak Republic is bound to payroll and accounting management. Above all, it is a law no. 431/2002 Coll. on Accounting, Act No. 595/2003 Coll. on income tax, as amended, and other legislation.

This personal data is kept separately by the interviewing staff and provided to the extent necessary to the secretariat for the purpose of being invited for a job interview. The personal data of unsuccessful job seekers are permanently deleted from e-mail boxes as well as physically destroyed within two months of obtaining consent.

Personal data of successful job seekers are subsequently processed throughout duration of the employment relationship, resp. agreements outside the employment relationship.

Personal data are after termination of employment, respectively out-of-employment agreements processed for a period of 10 years. After this time, personal data is destroyed by physical disposal of documentation as well as permanent deletion of computer data.

 

Personal data of employees' family members:

a) Names, surnames and birth numbers of family members whose data are necessary for the application of the tax bonus and other legal claims,           

(b) Copy of the staff member's birth certificate containing the following personal data:           

i. day, month, year, place of birth and birth number of the child,             

ii. name and surname of the child,            

iii. the sex of the child,           

iv. names, surnames, birth surnames, dates and places of birth, citizenships and birth numbers of parents,          

v. signature stating the name, surname and position of the authorized person of the registry office.           

 

The personal data of family members of employees we process for the purposes of keeping the employee's payroll and accounting agenda due to necessity according to a special regulation or an international agreement by which the Slovak Republic is bound. Above all, it is a law no. 431/2002 Coll. on Accounting, Act No. 595/2003 Coll. on income tax, as amended, and other legislation.

In case of an employee's request for the application of a tax bonus for a child or other claim, documented in accordance with special regulations by employee's family members' personal data, the Company's statutory body or an authorized person submits the consent to the processing of personal data to this employee and the employee ensures its signing by the persons concerned.

The personal data in question are processed for a period of 10 years after the termination of the employee's employment.

After this time, personal data is destroyed by physical disposal of documentation as well as permanent deletion of computer data.

 

Personal data of persons recorded by the camera system at the workplace and on the premises of the Company:

a) Face of the monitored natural person,           

b) Other features of the person that can be detected by the camera system.           

 

The processing of personal data is necessary for the purpose of the legitimate interests of the operator. Therefore, it is not necessary to require the consent of the persons concerned. Personal data, if it is processed, is stored for 14 days on a server to which only the Company's statutory bodies have access and is then automatically deleted.  

 

Personal data of mail senders:

a) Name, surname, maiden name, title,           

b) Street and number, postcode, city.           

 

Our Company obtains personal data in cases of receipt of postal deliveries. 

The purpose and legal basis of processing is the registration of incoming mail and legitimate interests according to § 13 par. 1, letter f) ZoOOÚ.

The personal data of mail senders are registered by the Secretariat in the book of incoming mail (or the book of sent mail) for a period of 10 years. 

After this time, personal data is physically destroyed.

 

Personal data of the Company's contractual partners:

a) Name, surname, maiden name, title,           

b) Date of birth,           

c) Street and number, postal code, city of place of business,           

d) Email, telephone contact,           

e) IČO,           

f) TAX number,            

g) VAT number,           

h) Registration number in ORSR or ŽRSR.           

 

At concluding all the contracts, the managers and cooperating persons in a senior position are entrusted to incorporate a contractual clause containing information on the rights and obligations of the data subject, personal data processing time, operator, intermediaries, responsible person and potential beneficiaries of personal data into the draft contracts.

The purpose and legal basis of the processing is the conclusion and performance of the contract.

Among the legitimate interests according to § 13 par. 1, letter f) ZoOOÚ may be also included the protection and safety of persons and property at the workplace and on the Company's premises, the sending of newsletters and offers of legal services, or similar information of a legal nature.

The personal data in question are processed for a period of 10 years after the termination of the contractual relationship.

After this time, personal data is destroyed by physical disposal of documentation as well as permanent deletion of computer data.

 

Personal data of persons registering on the website, resp. online portals:

Our Company processes personal data of the persons concerned by registering on the website, resp. online portals (Evolio), for the purpose of enabling the identification of the user of the site or portal, where the information according to § 19 ZoOOÚ will be provided by the Company to the person concerned before the actual registration. The data subject shall demonstrably confirm the provision of information on the operator, intermediary, responsible person and potential recipients of personal data (after checking their timeliness), the rights and obligations of the data subject, the time of processing personal data and other information required under the ZoOOÚ .      

The purpose and legal basis of the processing is the consent and the need to identify the user of the site or portal. There are no legitimate interests according to § 13 par. 1, letter f) ZoOOÚ.

The retention period for personal data is 10 years after the end of registration.

 

Collection of personal data from persons other than the persons concerned

If our Company obtains the personal data of the data subject from another person, we provide information on the rights and obligations of the data subject, the time of personal data processing, operator, intermediaries, the responsible person and potential beneficiaries of personal data via the Company's website.   

If our Company obtains the personal data of the data subject from another person, the information below, which we will not provide to the data subject via website due to the impossibility of unification of data to the data subject, the respective data is provided to the data subject by letter or in a recorded telephone conversation.

  1. Purpose, legal basis for the processing of personal data,
  2. Categories of personal data,
  3. The source from which the personal data come, or information on whether they come from publicly available sources.

We are required to provide the above information

  1. within one month of obtaining the personal data, taking into account the specific circumstances under which the personal data are processed,
  2. at the latest at the time of the first communication with the data subject, if the personal data are to be used for communication with the data subject, or
  3. at the latest when personal data are provided for the first time, if the transfer of personal data to another recipient is envisaged.

 

RIGHTS OF THE PERSON CONCERNED

 

The obligations of the operator in exercising the rights of the person concerned are regulated in § 29 of the ZoOOÚ. Restrictions on the rights of the person concerned are regulated in § 30 of the ZoOOÚ.

The rights of the affected person are regulated by § 19 - § 28 ZoOOÚ and Our Company undertakes to observe them. 

These are the following rights: 

  1. The affected person has the right to provide information on the processing of his or her personal data by the Company when obtaining personal data from the affected person pursuant to Section 19 of the ZoOOÚ. Our Company obtains personal data from the persons concerned in the following ways (§§ 19, 20 and 21 ZoOOÚ):
  1. obtaining personal data from clients,
  2. obtaining personal data from counterparties,
  3. obtaining personal information from employees and applicants for employment,  
  4. obtaining personal data from employees' family members,
  5. obtaining personal data of persons recorded by the camera system at the workplace and on the Company's premises,  
  6. obtaining personal data of the Company's contractual partners,
  7. obtaining personal data when registering on the website, resp. online portals (Sherlock/Evolio),
  8. obtaining personal data of mail senders,
  9. obtaining personal data from a person other than the data subject.

 

  1. The data subject shall have the right to obtain confirmation from the operator as to whether personal data concerning him or her and the personal data themselves are being processed.

 

Our Company, as the operator, confirms in writing to the data subject the processing of personal data concerning it, stating:

  1. the purpose for which it processes personal data,
  2. calculation of all personal data that it processes,
  3. absence of the recipient,
  4. the retention period of personal data,
  5. information on the right to request from the Company access to personal data concerning the data subject (§ 21 ZoOOÚ), on the right to correct personal data (§ 22 ZoOOÚ), on the right to delete personal data (§ 23 ZoOOÚ) or on the right to restrict the processing of personal data data (§ 24 ZoOOÚ), on the right to object to the processing of personal data (§ 27 ZoOOÚ), as well as on the right to the transferability of personal data (§ 26 ZoOOÚ),
  6. the right to file a request to initiate proceedings pursuant to Section 100 of the ZoOOÚ,
  7. the source of the personal data, if the personal data were not obtained from the data subject,
  8. information that in the given case it is not an automated individual decision-making, including profiling according to § 28 par. 1 and 4 ZoOOÚ.  

 

The Company may charge a reasonable fee corresponding to the administrative costs for the repeated provision of personal data requested by the data subject. The Company is obliged to provide personal data to the data subject in a manner required by his or her request.

  1. The data subject has the right to have the operator correct incorrect personal data concerning him or her without undue delay. With regard to the purpose of the processing of personal data, the data subject has the right to supplement incomplete personal data. In such a case, the Company will comply with the provisions of § 25 ZoOOÚ, if applicable. (§ 22 ZoOOÚ ) 
  2. The data subject has the right to have the operator delete personal data concerning him or her without undue delay. The person concerned has the right to cancellation only if the conditions under § 23 of the ZoOOÚ are met. In such a case, the Company will comply with the provisions of § 25 ZoOOÚ, if applicable. (§ 23 ZoOOÚ ) 
  1. The data subject has the right to have the operator restrict the processing of his or her personal data if the conditions under § 24 of the ZoOOÚ are met. In such a case, the Company will comply with the provisions of § 25 ZoOOÚ , if applicable. (§ 24 ZoOOÚ) 
  1. The data subject has the right to obtain personal data concerning him or her and which he or she has provided to the operator, in a structured, commonly used and machine-readable format and has the right to transfer this personal data to another operator, if technically possible and after meeting the conditions set out in § 26 ZoOOÚ. (§ 19, 20, 20 and 26 ZoOOÚ ) 
  2. The data subject has the right to object to the processing of personal data if the processing of personal data is performed for the purpose of the legitimate interests of the Company or a third party (i.e. not by consent or on a contractual basis). (§ 27 ZoOOÚ )

 

In the event that a person requests information or measures (e.g. to delete personal data), the Company is obliged to respond to such a request within one month of receiving the request. In the event that the Company does not take any measures (e.g. does not delete personal data), it informs the applicant of the reasons for non-action and the right to file a complaint pursuant to § 100 of the ZoOOÚ.   

 

Our Company may not limit the scope of obligations and rights under § 19 to 29 and under § 41, as well as the principles under § 6 to 12 ZoOOÚ, if they relate to the rights and obligations under § 19 to 29 ZoOOÚ.