Publication Date: April 15, 2025
The Privacy Policy governs the collection, use, storage and protection of Users’ Personal Data. It defines what information is collected about Users, how it is used, with whom it may be shared, and Users’ rights regarding their Data. The Privacy Policy also describes the security measures taken to protect Personal Data.
In this document, we describe how we collect, process, store, disclose and transfer Personal and Statistical Data when providing the Services.
The provisions of this Privacy Policy apply only to Data received by M&P.
References to the words “you” or “your” (or words close in meaning) mean the User, depending on the context of the Privacy Policy.
References to the words “we”, “our” or “us” (or similar words) mean the law firm Marceniuk & Partners.
The words he/she and their derivatives in the text of the document can be applied to both male and female persons, depending on the context of the document.
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DEFINITIONS
- Data is a collective term for Personal and Statistical Data.
- User Consent (hereinafter referred to as “Consent”) is a voluntary, specific, informed and unambiguous expression of will by which the User, by means of a statement or a clear positive action, agrees to the terms of processing of the Data.
- User is any individual or legal entity or individual entrepreneur ordering Services from the Firm.
- Law Firm Martseniuk and Partners (hereinafter referred to as the “Firm” or as “M&P”) is a firm represented by individual entrepreneur Martseniuk Vadym Petrovych, which provides Users with services in the field of jurisprudence, data protection, registration of intellectual rights to support the User’s business and/or protect his rights.
- The website of the law firm Martseniuk and Partners (hereinafter referred to as the “Site”) – means a web page or a group of web pages on the Internet, located at the address: https://lawgdpr.com/, on which information about the Services of the Firm is posted.
- Personal data is any information that is in public/private access, which allows the User to be directly or indirectly identified. For example, name, surname, phone number, IP address.
- Statistical data is any information that is in public access and directly or indirectly belongs to the User. For example: company name and legal address of the User.
- Services are the execution by the Firm of an algorithm of actions to provide legal services to Users in the areas specified in the relevant section of the Site.
- Partner is any individual or legal entity or individual entrepreneur who provides services to Users in other areas and information about which is posted in the relevant section of the Site.
- Third party means an individual or legal entity, state institution, commercial institution or body, other than the Firm and the User.
- Controller is any individual or legal entity, state institution, institution or other body that independently determines the purposes and means of processing Personal Data.
- Operator is any individual or legal entity, state institution, institution or other body that processes Personal Data on behalf of and on behalf of the Controller.
- Cookie is a fragment of information in the form of text or binary data used by M&P when the User uses the Site.
- The General Data Protection Regulation (hereinafter referred to as the “GDPR”) is a regulation within the framework of European Union law on the protection of personal data of all individuals within the European Union and the European Economic Area (Regulation (EU) 2016/679).
- The European Economic Area (hereinafter referred to as the “EEA”) is an area of free movement of goods, services, capital and labour, which includes the countries of the European Union and the countries of the European Free Trade Association (EFTA), except Switzerland.
GENERAL PROVISION
- The Firm processes and stores Personal Data based on the principles of lawfulness, fairness and transparency, in accordance with the Law of Ukraine “On Personal Data Protection”.
- The Firm processes and stores Personal Data based on the principles of lawfulness, fairness and transparency, in accordance with Article 5 “Principles of Personal Data Processing” of the GDPR.
- The Firm acts as a Controller in relation to the processing of Personal Data that it receives during the provision of the Services, and the Company’s employees act as an Processor in relation to the processing of Personal Data of Users.
- The Firm is not responsible for the processing of Personal Data by any Third Parties that are not controlled or owned by M&P.
PERSONAL AND STATISTICAL DATA
M&P may receive the following Personal Data about the User (individual):
- full name;
- contact phone number;
- address;
- e-mail.
M&P may receive the following Statistical Data about the User (individual) that is freely and/or publicly available and is necessary to provide the Services.
M&P may receive the following Statistical Data about the User (legal entity):
- company data: name, legal address, form of activity, country of registration and activity, IBAN, field of activity, data on employees and management, etc.;
- registration/tax number;
- contact information: phone, e-mail, etc.;
- payment/bank details, exclusively for receiving payment for the Services;
- publicly available data on employees;
- data on intellectual rights and registered patents, certificates, etc.;
- data on income, profit, expenses;
- data on business processes and methods/ways of conducting business;
- structure of the User’s business;
- form and amount of payment for the services of employees/employees of the User’s company;
- other data necessary for the provision of the Services.
M&P may receive the following Personal Data about employees (director, manager, CEO, etc.) of the User (legal entity):
- full name;
- contact phone number;
- address;
- e-mail.
M&P may receive any Data necessary to provide the Services and/or legal assistance to the User, and the User agrees to the processing of such Data.
The Firm may collect Data during communication with the User, obtained through social networks, instant messengers, e-mail, telephone conversation. In such case, such data will be processed in accordance with this Privacy Policy.
The Firm does not collect or process sensitive Personal Data of the User, such as racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic or biometric data, information about health, sex life or sexual orientation.
During the provision of the Services, the Firm may receive data about the language of communication of the User and such data will be processed in accordance with this Privacy Policy.
The Firm informs that it may receive User Data from the payment system used by the parties for mutual settlements.
The Firm may receive User Data when recording the User’s communication with M&P employees/legal/patent/finance/fintech professionals in the form of audio and/or video recordings, and such recordings will be processed in accordance with the terms of this Privacy Policy.
We may store or transfer some or all of your Personal Data to countries outside the European Economic Area (the “EEA” consists of all EU Member States, as well as Norway, Iceland and Liechtenstein). These are known as “third countries” and may not have as strict data protection laws as the UK and/or the EEA. This means that we will take all additional measures to ensure that your Personal Data is processed as safely and securely as it would be in the EEA and in accordance with the GDPR.
When using the Firm or receiving the Services, M&P may automatically collect the following User Data:
- IP address;
- time zone and language settings;
- operating system, device type and screen resolution;
- country where you are located;
- data about your visit, including full URL information, navigation path to the Site and when entering/exiting the Site (including date and time), data loading errors, length of stay on certain pages, activity on the page (such as information such as scrolling and mouse movements, clicks), methods used to exit the page and phone numbers.
M&P has the right to collect and receive Data in the following ways:
- when providing the Services;
- when using the Site;
- when communicating with the User;
- when representing the User’s interests;
- when analyzing the User’s business;
- when analyzing the structure of the User’s business;
- when interacting with M&P employees, by exchanging emails/messages;
- when monitoring and evaluating the User’s actions to detect and prevent fraud;
- when using log files, Cookies and other tracking technologies;
- using messengers and social networks.
The Firm has the right to use Personal and Statistical Data for the following purposes:
- to provide the Services;
- to ensure the security of the Site;
- to administer the Site and conduct internal operations, including troubleshooting, data analysis, testing;
- to improve the navigation of the Site;
- to communicate with the User;
- to respond to law enforcement requests;
- to initiate responses to legal claims, investigations, or dispute resolution with you.
TRANSFER OF PERSONAL/STATISTICAL DATA
M&P may transfer Data to entities with which the Firm cooperates in the implementation and provision of Services:
- Payment Service/Bank. In order to receive payment for the Services, the Data may be transferred to the payment service/bank.
- Contractors and employees. The Firm may transfer the Data to other persons with whom it enters into cooperation, including legal and tax consultants, as well as persons providing accounting, logistics, marketing and IT services.
- Counterparties. The Firm has the right to disclose or transfer the Data in the following transactions: acquisition or merger, financing, corporate reorganization, joint venture, including sale of assets or bankruptcy.
- Courts, law enforcement agencies and government agencies. The Firm has the right to transfer the Data in case of fulfillment of any legal obligations, including by court decision.
- Partners. The Firm may transfer the User’s Data to its Partners (the data of which is posted in the relevant section of the Site) to provide the Services to the User and/or to provide other services directly by the Partner to such User.
USER CONSENT
The User’s receipt of the Services constitutes his/her agreement to the terms of this Privacy Policy.
By agreeing to the terms of this Privacy Policy, the User consents to:
- automatic collection and processing of his Data by the Firm;
- use and processing of his Data, in accordance with the terms of the Privacy Policy;
- provision of additional information and Data to the Firm at his request;
- processing of his payment details by the payment service/bank in accordance with the terms of this Privacy Policy;
- transfer of his data to third-party services/contractors/Partners, in accordance with the terms of this Privacy Policy;
- use of the Data by the Firm to represent the interests of the User.
STORAGE AND PROTECTION OF PERSONAL/STATISTICAL DATA
The Firm uses all necessary security and protection measures for Data to ensure its confidentiality and prevent loss or unauthorized disclosure.
M&P protects and stores Data from:
- loss;
- unlawful use, transfer, disclosure, modification, deletion and/or destruction.
M&P has the right to store User Data for 3 (three) years after termination of the relationship in the following cases:
- for statistical purposes;
- if applicable law requires their storage;
- if they are necessary for business purposes;
- for marketing analytics.
M&P may store recordings of the User’s broadcast on its servers with an appropriate level of protection, in accordance with the terms of this Privacy Policy.
GROUNDS FOR PROCESSING PERSONAL/STATISTICAL DATA
M&P processes Data on the following lawful grounds:
- User Consent;
- providing of Services;
- automatic collection of Data that is publicly available.
In cases where the basis for processing the Data is your Consent, you have the right to withdraw it at any time. To withdraw your Consent, you can send a request to the email address: mplawgdpr@gmail.com. In the event of withdrawal of your Consent, the Firm has the right to stop providing the Services and terminate all relations with you. If the Consent is withdrawn, your Data will be irretrievably deleted.
The Firm undertakes to stop processing the Data within 15 (fifteen) business days from the date of receipt of the Consent withdrawal.
USER RIGHTS (UKRAINIAN JURISDICTIONS)
The terms of this clause apply to Users who are residents of Ukraine and relate to specific requirements in accordance with the provisions of the legislation of Ukraine, in particular the Law of Ukraine “On Personal Data Protection” and grant Users the following rights:
- receive information on the conditions for providing access to Personal Data, in particular information about Third Parties to whom they are transferred;
- receive information, no later than thirty calendar days from the date of receipt of the request, except for cases provided for by law, a response on whether Personal Data is being processed;
- send a reasoned request to object to the processing of Personal Data;
- send a reasoned request to change or delete Personal Data;
- to protect Personal Data from unlawful processing and accidental loss, destruction, damage due to intentional concealment, failure to provide or untimely provision, as well as to protect against the provision of information that is inaccurate or defamatory of the User’s honor, dignity and business reputation;
- file complaints about the processing of Personal Data in court;
- apply legal remedies in case of violation of the legislation on personal data protection;
- make reservations regarding the restriction of the right to process Personal Data when providing consent;
- to withdraw consent to the processing of Personal Data;
- to know the mechanism of automatic processing of Personal Data;
- to be protected against automated decision-making that has legal consequences for him/her.
JURISDICTION OF THE EUROPEAN UNION AND THE EUROPEAN ECONOMIC AREA
When processing Personal Data, M&P grants the User the following rights in accordance with the General Data Protection Regulation:
Right of access. The User may contact us directly to obtain access to the Personal and Statistical Data that we store about him, as well as any information.
- Right of erasure. The User has the right to have Personal and Statistical Data about him deleted. The Personal and Statistical Data will then be permanently deleted.
- Right to data portability. We may transfer the User’s Personal and Statistical Data to Third Parties, in accordance with the User’s request.
- Right to rectification. The User has access to the Personal and Statistical Data that at any time require updating, correction and completion.
- Right to object. The User has the right to object at any time to the processing of his Personal and Statistical Data.
- Automated individual decision-making, including profiling. The User has the right not to be subject to a decision based solely on automated processing of his Personal and Statistical Data, including profiling, which produces legal effects on him or her or significantly affects him.
US JURISDICTION
Rights granted to US residents:
- Right to access. The Privacy Policy lists the User’s Personal Data. The User may contact us directly to request access to the Personal Data we hold about him/her.
- Right to erasure. The User has the right to have Personal Data about him/her deleted, in which case it will be permanently deleted.
- Right to rectification. The User has access to Personal Data that needs to be updated, corrected, or supplemented at any time.
- Right to data portability. We may send Personal Data to third-party organizations at the User’s request.
- Right to object. The User has the right to object to the processing of Personal Data at any time.
- Right to withdraw Consent. The User has the right to withdraw his/her Consent to the processing of Personal Data at any time, in which case the Firm has the right to cease providing the Services to him/her.
- The Firm does not support the “Do Not Track” (“DNT”) mode, in accordance with the California Online Privacy Protection Act (CalOPPA). Do Not Track is a setting you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable the “Do Not Track” feature by visiting your web browser’s settings page.
JURISDICTIONS OF OTHER COUNTRIES
The Firm makes every effort to lawfully process Personal and Statistical Data in accordance with international standards.
This Privacy Policy sets out the main provisions of the legislation on the processing of Personal and Statistical Data.
Unfortunately, we are unable to specify the legislation on the processing of Personal and Statistical Data of each jurisdiction in the world.
The terms of this Privacy Policy describe the basic rights of the User, provided for by the main provisions of the leading legal acts regulating the processing of Personal and Statistical Data.
If you believe that the provisions of this Privacy Policy violate and/or in any way restrict your rights regarding the processing of Personal and Statistical Data, please contact us by sending a request to the email address: mplawgdpr@gmail.com, and we will make every effort to resolve this situation within a reasonable time.
SUBMITTING A REQUEST
The User has the right to submit a request to the Firm if he believes that his rights have been violated by sending a request to the email address: mplawgdpr@gmail.com
The User’s request must contain reliable information regarding the requirements to the Firm. If the request does not specify precise requirements, M&P has the right to refuse to fulfill the request.
We will not be able to respond to your request or provide you with Data if we cannot confirm your identity and/or confirm that the Data belongs to you. In the event of receiving a request with unreliable information and/or in the event of inability to confirm the User’s identity, M&P has the right not to process the received request and contact the User for clarification. In the event of receiving a response to the request from the Firm to clarify the content of such a request, the User must provide a corrected request or submit a new request within a reasonable time.
M&P is obliged to respond to the request or fulfill the conditions set forth in the request within 15 (fifteen) business days from the date of its receipt.
RESPONSIBILITY
- The Firm informs the User that Personal and Statistical Data may be used to provide the Services, and in case of disagreement with this, the User has no right to receive the Services.
- M&P is not liable for any damages caused to the User as a result of the use of his Data by a Third Party without his knowledge, including third-party services (partners, payment systems, web analytics services, etc.), since his Data is processed in accordance with the privacy policies of such services.
- In the event of a violation by the User of the terms of this Privacy Policy, the Firm has the right to unilaterally and without warning the User to suspend the provision of the Services.
- The Firm may link to other websites or services. The processing of Personal Data of these websites and services is not governed by the terms of this Privacy Policy, and the Firm cannot be held liable for the processing of the User’s Data by third-party websites and services.
- M&P is not liable for:
loss of Personal and Statistical Data in the event of a hacker attack, hacking of the Firm’s software, unlawful actions of Third Parties, as well as actions that violate the terms of the Privacy Policy;
inability to provide Services or poor-quality provision of Services in the event that the User provides inaccurate Personal and Statistical Data or any other information;
provision of false information by the User.
- Unfortunately, the transmission of information over the Internet cannot be completely secure. Although we make every effort to protect the Data, we cannot guarantee the secure process of transmitting the Data to the Firm. In this regard, you are solely responsible for possible failures in the transmission of your Data to the Firm.
COOKIE
Cookies do not transmit viruses and/or malware to your device, as the data in Cookies is not changed during transmission and does not affect the performance of your device in any way. They are more like logs (i.e. they record User actions and remember state information) and are updated each time you visit the Site.
We may use the following types of Cookies in providing the Services:
- Session Cookies, also known as temporary Cookies, exist only in temporary memory while the User is on the Site page. Browsers usually delete session Cookies after the User closes the browser window.
- Permanent Cookies are deleted on a certain day or after a certain period of time. This means that information about the Cookies will be transmitted to the server each time the User visits the website to which these Cookies belong.
- Third-party Cookies are a type of file that appears when a web page contains compressed content from external websites, such as links to other websites. For example, they can be used to track the history of visits by the User to other websites.
- Web analytics Cookies are used to analyze the behavior of Users when browsing different pages of the Site.
M&P uses Cookies for the following purposes:
- authentication and identification;
- conducting web analytics;
- marketing analytics research;
- researching User preferences;
- storing personal preferences and settings;
- tracking access sessions;
- storing statistical data;
- analyzing User activity.
In many cases, web browsers, by default, allow the storage of Cookies on the User’s end device. Users can change their Cookie settings at any time to block the automatic processing of Cookies or to notify you of each placement of Cookies on the User’s device. Detailed information on the possibilities and methods of processing Cookies is available in your browser settings.
ADULT POLICY
The Services are intended for persons who have reached the age of majority, in accordance with the laws of the jurisdiction of such a person. M&P does not process Personal and/or Statistical Data of persons who have not reached such age.
M&P does not purposefully verify the age of the User and does not verify whether such person has reached the age of majority, in accordance with the jurisdiction of such person.
M&P has the right to delete the Data of a person who has not reached the age of majority, without notice and any consequences for the Firm, as well as to terminate the provision of Services to such person.
If you have information about the receipt of Services by a person who has not reached the age of majority, please contact the Firm’s support service by sending a request to the email address: mplawgdpr@gmail.com
CHANGES TO PRIVACY POLICY
We have the right to periodically make changes to the Privacy Policy for Data security and compliance with the requirements of the legislation of Ukraine.
The User must familiarize himself with the new terms of the Privacy Policy and M&P is not responsible if the User has not familiarized himself with the new terms of the Privacy Policy.
M&P updates the date of change of the current version of the Privacy Policy in the line “Updated” at the top of the document.
Our electronic copies of the Privacy Policy are considered true, complete, valid, legally binding and in effect at the time of your visit to the Firm.
CONTACTS
The User has the right to contact the Firm’s support service by sending a request to the email address: mplawgdpr@gmail.com to ensure his rights, in accordance with the terms of this Privacy Policy, or in case of violation of his rights or to ask a question.