Data protection policy
Soriana Constantinescu Birou de Mediator (SCBM), with the registered office in Romania, Bucharest, no.6-8, Calea Grivitei, 4th floor, district 1, hereinafter called SCBM, as controller of personal data, hereby presents the Policy regarding the processing of personal data carried out by SCMB , during its business activity, as well as your rights as Data Subject, as provided starting with 25th of May 2018 (enforcement date of GDPR).
DATA PROTECTION POLICY
PERSONAL DATA CATEGORIES
Depending on your role (as Data Subject) into the relationship developed with SCBM and the object of such relationship (e.g.: requesting party, party invited to mediation, supplier, employee, etc.) SCBM processes the following categories of personal data:
- identification data: name, surname, address, telephone, email, nationality, handwritten signature and digital signature, position held, necessary for the valid conclusion of the management contract or any other type of contract and the performance of the contractual relations related to the contract in question.
- contact information such as: home address, mailing address, e-mail, telephone.
- bank data: account number, issuing unit for payment of fees, fees
- personal data concerning: economic situation, civil status, family, dependents, education and professional experience, property held, location information, national identification number, only when the law requires this information to be provided for the provision of certain services of interest to you.
At the beginning of your relationship with SCBM, you will receive a specific information note, depending on your role and your capacity in relation with SCBM.
HOW WE COLLECT YOUR PERSONAL DATA?
Your personal data processed by SCBM is provided by you directly or indirectly, or generated/inferred by us, as a result of your interaction with SCMB through any communication channels.
We can also collect and process your personal data from other sources, such as:
- you have provided your personal data for the conclusion of a mediation preparation contract or a mediation contract
- your data is provided to us by the party that invited you to mediation
- you have provided your personal data for the conclusion of partnerships / other type of contract with SCBM
- you have provided your personal data to an online platform with public access
- from previous correspondence with you
- you have published your personal data in a social media advertising post
- you provided your personal data during an event / meeting, etc.
- you applied for a vacancy within SCBM / you are an employee of SCBM / you were an employee of SCBM
WHY ARE WE PROCESSING YOUR PERSONAL DATA?
The purposes for which we process your personal data are:
a) providing mediation preparation services and mediation services
b) solving the requests and notifications of the targeted persons
c) settlement of potential disputes before courts (ordinary or arbitral, national or abroad)
d) communications or reporting to the competent authorities, institutions or agencies of the state or government
e) recovery of claims, claims for reclaims
f) improvement of SCBM services
g) communication of articles and information
h) improvement of the site’s content
i) for recruitment, during employment relationship and post employment relationships with former employees
j) recommendations / references
k) identification, analysis and remediation of technical deficiencies
l) compliance with the applicable regulation
m) fraud prevention and avoidance of involvement in fraudulent activities
The legal grounds for processing of your personal data for the above mentioned purposes are:
a) concluding and executing the mediation preparation contract, as well as performing at your request the steps prior to concluding the mediation contract;
b) concluding and executing the mediation contract;
c) a legal obligation of SCBM;
d) the legitimate interest of SCBM, for activities such as: performing statistical analyzes and internal reporting;
e) your consent;
TO WHOM DO WE DISCLOSE PERSONAL DATA?
We may disclose your personal data to:
(a) State authorities (including tax authorities, mediation authorities, state bodies competent in civil and criminal matters) as a result of a legal obligation of SCBM
(b) Providers, directly / indirectly, involved in the provision of mediation preparation services, mediation services (e.g IT service providers, courier service provider, notary, etc.);
(c) Judicial or arbitral tribunals, public notaries, lawyers, bailiffs, translation offices, other authorized services, evaluators, experts.
(d) Providers of support and/or ancillary services for electronic communications (e.g. e-mail, SMS, etc.); IT services (e.g. maintenance, support, development); audit services; archiving services in physical and/or electronic format; courier services; legal, notary or other advisory services; Staff training, health and security services (SSM and PSI), specific to employment relationships.
Example of public authorities incidents of our mediation activity: Mediation Council; National Authority for Supervision of Personal Data Processing (ANSDPCP); National Office for Preventing and Combating Money Laundering (ONPCSB); National Agency for Fiscal and Tax Administration (ANAF); National Archives; Courts and other judicial bodies (such as the Police, the Prosecutor’s Offices attached to the courts, the National Anticorruption Directorate – DNA, etc.) and any other authorities/institutions that have a legal right to access your personal data.
HOW LONG DO WE KEEP YOUR PERSONAL DATA?
For the purposes mentioned above, SCBM will process personal data during the relationship with the Targeted Person or during the period imposed by the legal provisions and documented in the Archival Nomenclature and the operational procedures applicable to each processing.
After concluding the Data Processing operations, for the purposes for which they were collected, they will be archived by SCBM for the period stated in the internal normative documents, and at the end of the storage period, being destroyed as specified in the applicable procedure.
WHICH ARE THE RIGHTS YOU BENEFIT?
With regard to the personal data processing, based on the conditions specified, you may exercise any of the following rights:
(1) The right to information and access to the personal data: you can obtain from SCBM a confirmation of whether or not SCBM processes personal data concerning you, and what type of data are processed
(2) The right to rectification: you have the right to request the rectification or updating of inaccurate or incomplete personal data concerning you
(3) The right to erasure or “the right to be forgotten”: you have the right to request that the personal data concerning you be erased, if:
(i) the personal data are no longer necessary in relation to the purposes for which they were collected or processed,
(ii) your data have been unlawfully processed,
(iii) the data was processed based on your consent and such consent has been withdrawn.
(4) The right to withdraw your consent: you can use it at any time, when the processing of your personal data has been carried out on the basis of your consent.
(5) The right to restriction of processing: you have the right to request and obtain the restriction of the processing of the personal data concerning you, if:
(i) you contest the accuracy of the personal data, for a period enabling us to verify the accuracy of such data,
(ii) the processing of your data was unlawful, and you oppose the erasure of such data and request the restriction of their use instead.
(6) The right to data portability: you have the right to receive the personal data concerning you and which you have provided to us, with the right to transmit them to another operator, only if the data processing has been carried out either based on your consent or the contract concluded with SCBM, and the processing of personal data was carried out by automatic means. Attention !! This right can be exercised, only insofar as the processing of the provided data was carried out exclusively by automatic means and only where the extraction of these data is feasible from the point of view of the technical capacities used by SCBM.
(7) The right to object: you have the right to object at any moment, on grounds related to your particular situation, to the personal data processing in certain circumstances, such as:
(i) the processing was performed in the legitimate interest of SCBM or
(ii) the processing is made for marketing, including the creation of profiles based on those provisions.
(8) The right not to be subject to a decision based solely on the automatic processing of your data, including the creation of profiles that produce legal effects or that significantly affect you. In this situation, you have the right to request human intervention from the SCBM, to express your point of view and to challenge your decision.
(9) The right file a complaint with SCMB and/or with the competent data protection authority
(10) The right to refer the matter to the courts of law
(11) The right to be notified by SCBM with regard to data breaches that have/may have an impact on your personal data.
PERSONAL DATA PROCESSING PRINCIPLES
SCBM respecta principiile de protecție a datelor cu caracter personal in activitățile sale operaționale respectiv:
- The principle of legality, fairness and transparency of processing – data will be processed legally, equitably and transparently to the data subject;
- The principle of proportionality of processing, limitation of purpose – the data will be collected for specific, explicit and legitimate purposes and are not subsequently processed in a manner incompatible with these purposes. The data will be kept in a form that allows the identification of data subjects for a period not exceeding the period necessary to fulfill the purposes for which the data are processed; Personal data may be stored for longer periods to the extent that they are processed exclusively for archiving purposes in the public interest, for scientific or historical research or for statistical purposes, subject to the implementation of technical measures and organizationally adequate;
- Data quality principle – the data will be accurate and, if necessary, will be updated. All necessary measures shall be taken to ensure that personal data which are inaccurate, having regard to the purposes for which they are processed, are deleted or rectified without delay;
- Principle of liability for processing – data will be processed in a way that ensures adequate security of personal data, including protection against unauthorized or illegal processing and against accidental loss, destruction or damage, by taking appropriate technical or organizational measures;
- The principle of minimizing personal data – personal data will be adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;
- Principle of integrity and confidentiality: protection of personal data against unauthorized and illegal processing and against accidental loss, destruction and damage by taking appropriate technical and organizational measures.
Any information / request / complaint regarding the protection of personal data can be sent by e-mail at firstname.lastname@example.org or in writing to Soriana Constantinescu Mediator Office, district 1, 6-8 Calea Grivitei, Floor 4.
To exercise your rights, to submit a request or a notification, you can contact SCBM at email@example.com.
In order to submit a notification / complaint to the National Authority for Supervision of Personal Data Processing, the contact data are: Website: http://www.dataprotection.ro/ Email: firstname.lastname@example.org Address: 28-30 B-dul G-ral. Gheorghe Magheru, district 1, 010336, Bucharest, Romania Phone: +40.318.059.211,+40.318.059.212 President’s Office +40.318.059.220; Fax +40.318.059.60
This policy on processing of personal data is regularly updated. You can view the updated text on the web page: www.globalmediator.ro