PERSONAL DATA MANAGEMENT POLICY

(applicable as of 25 May 2018)

MARTIN AVOCATS is concerned about protecting your rights during the treatment of personal data in accordance with the legislation in force, in particular the General Data Protection Regulation (GDPR), which entered into force on 25 May 2018.

The policy explains how your personal data are collected, processed and used by MARTIN AVOCATS for the provision of our services and your access, consultation and use of our platform www.mlonline.lu.

You can also find out about our cookie policy and the general terms and conditions of use of the website www.mlonline.lu.

1) Definitions

For the purposes of this personal data management policy, the following terms shall mean:

User : Any person who visits one or more pages of the websites www.mlonline.lu and martin-avocat.lu or uses one of the services offered on the aforementioned websites that require the identification of the User (through, for instance, an e-mail address and a password);

Client : any natural person or legal entity who, by the signing of a fee agreement or the use of the website www.mlonline.lu, commissioned the firm of MARTIN AVOCATS for the provision of services relating to the legal profession;

Websites : the websites at the following addresses: www.mlonline.lu and www.martin-avocats.lu;

User content : The data transmitted by the user in the different headings of the websites;

Firm : the law firm MARTIN AVOCATS, having its registered office at 28 Boulevard Grande-Duchesse Charlotte, L-1330 Luxembourg, as well as the platform of legal advice online www.mlonline.lu

2) Privacy protection

The Client expressly consents to have his personal data subjected to computerized processing for the performance of the remit. The Firm undertakes to comply with the legal provisions in force, in particular Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR).

3) Controller

The controller of personal data is the law firm MARTIN AVOCATS, having its registered office at 28 Boulevard Grande-Duchesse Charlotte, L-1330 Luxembourg.

For any additional questions relating to our processing of personal data, do not hesitate to contact us by sending an e-mail to: rgpd@martin-avocats.lu.

4) Method, time of data collection and processing

The term personal data or personal details refers to information that makes it possible to identify a natural person, directly or indirectly.

The law firm MARTIN AVOCATS collects and processes personal data when a Client contacts MARTIN AVOCATS by telephone or by e-mail, connects as user by entering his username and password, or purchases a service on the website www.mlonline.lu or when the user connects to schedule a consultation on the website www.martin-avocats.lu.

The information collected is necessary to enable MARTIN AVOCATS to send the information necessary to obtain the service requested by the Client and to identify optimally the Client and his interests in order to provide the most appropriate service/legal response.

5) Types of data collected and processed

A simple consultation of the websites does not entail the recording of personal data, with the exception of cookies where required. MARTIN AVOCATS will collect a certain number of personal data from the Client that concern him, in order to communicate with the latter, manage payments and arrears, and more generally fulfil his contractual obligations arising out of his remit.

The nature of the personal data collected may vary, depending on the way and purpose for which the Client contacts MARTIN AVOCATS, and it may moreover include insofar as necessary, but not limited to:

- Identification data (surname, forename, address, e-mail address, telephone number, username, password);

- Bank identification data, as and when necessary;

- Personal data that may be contained in the text of the request for services or documents provided

MARTIN AVOCATS does not canvass for Clients.

6) Purpose of data processing

MARTIN AVOCATS processes the data collected in order to:

- Authorize access by the duly authorized user to the websites and to certain features of the latter;

- Administer the services spelled out in the fee agreement (including the management of payments and arrears and the monitoring of the Client relationship) as well as the services ordered on www.mlonline.lu;

- Enable the law firm MARTIN AVOCATS to comply with its contractual and legal obligations;

- Enable the law firm MARTIN AVOCATS to expand and improve the offer of its products and services and in so doing meet the expectations of its Clients even better;

- Manage requests to access and correct data and to object to processing, as well as other rights concerning personal data;

- Manage the notices, incidents, complaints, and disputes.

7) Recipients of personal data

The personal data collected by MARTIN AVOCATS are processed in-house by duly accredited individuals within the limit of their respective powers.

They may also be submitted to the competent administrative and judicial authorities as well as to processors and service providers outside MARTIN AVOCATS, only insofar as necessary, and subject to specific contractual guarantees to ensure the security and confidentiality of the data.

8) Legal basis for the collection and processing of data and duration for which they may be kept

The personal data collected and processed by MARTIN AVOCATS are necessary in order to provide the services requested by the Client, as well as to enable the firm MARTIN AVOCATS to meet its contractual obligations arising out of the assignment entrusted to it. They are also necessary in order to enable the firm to expand and improve the offer of its services and in so doing to meet the expectations of its Clients even better.

These objectives constitute the legal basis for the data processing carried out by Martin Avocats.

The law firm MARTIN AVOCATS ensures that the rights of its Clients, as set out under point 9, are duly respected. The firm undertakes to implement such technical and organizational security measures as required to protect the personal data of its Clients against risks relating to the use of information systems.

The Client’s personal data collected by MARTIN AVOCATS in connection with the services provided under the mandate contract are kept for a period of 5 (five) years corresponding to the applicable statute of limitations.

If services are purchased on www.mlonline.lu, any personal data of the user collected by MARTIN AVOCATS in that connection are also kept for a period of 5 (five) years corresponding to the applicable statute of limitations, as of the closing of this account at the user’s request or at the initiative of MARTIN AVOCATS.

In the event of registration for an event (workshop) organized by MARTIN AVOCATS, any personal data of natural persons collected in this connection are kept for a period of 2 (two) years.

All accounting documents drawn up in connection with the mandate relationship by the firm (in particular statements of fees) are kept for a period of 10 (ten) years corresponding to the applicable statute of limitations.

9) Rights of the Client concerning his personal data

Pursuant to the legislation currently in force, the Client or, where applicable, his rightful claimants with a legitimate interest, are entitled to obtain:

- Access to the data concerning the Client;

- Confirmation that the data concerning him are or are not processed;

- Information pertaining to at least the purposes of the processing, the categories of data to which the processing pertains, the recipients or categories of recipients to which the data are provided;

- The provision, in an intelligible form, of data which are the subject of processing, as well as any and all information available on the origin of the data.

The Client (or, where applicable, his rightful claimants) also have the right to correct personal data concerning the Client and a right to object to the collection and processing of such data, subject to compelling and legitimate grounds.

These rights may be exercised by letter sent to MARTIN AVOCATS by post or by sending an e-mail to rgpd@martin-avocats.lu. The recipients of this e-mail reserve the right to verify your identity.

The Client is also entitled to request that all or part of his data are deleted, that the processing is limited, as well as to object to the processing and avail himself of his right to data portability, within the limits provided by the applicable rules.

In the event of breach(es) of the rules applicable to the protection of personal data, the person concerned may refer the matter to a supervisory authority such as the Commission Nationale pour la Protection des Données (CNPD) [National Commission for Data Protection].

The Client undertakes to inform MARTIN AVOCATS within 15 (fifteen) business days of any change in the information he provided upon contacting the firm, and in particular any change of address.

10) Change in personal data management policy

The firm MARTIN AVOCATS reserves the right to change the content of its personal data management policy at all times. Such changes can then be consulted on the webpage devoted to said policy.

MARTIN AVOCATS / MLO
28, boulevard Grande-Duchesse Charlotte
L-1330 LUXEMBOURG