Privacy policy and regulations
§ 1
Definitions
1. owner Kamil Mikołajczyk conducting business under the firm: Kancelaria Radcy Prawnego Kamil Mikołajczyk, ul. Dolna 3 Maja 3/107, 20-079 Lublin;
2. website – website run under the address www.kancelaria-mikolajczyk.com;
3. User – a person visiting the website, as well as a person intending to use the services of the Law Firm, who has not yet concluded a contract with it;
4. client – a person using the Law Firm’s services, understood as a natural or legal person, as well as an organisational unit without legal personality, who has concluded a contract for the provision of services with the Law Firm within the scope of any of the products offered by the Law Firm;
5. consumer – a customer who is a natural person making a legal transaction with an entrepreneur which is not directly related to his/her economic or professional activity.
6. Trusted Partners – legal and natural persons, as well as organisational units without legal personality, cooperating with the Law Firm, obliged to comply with the RODO regulations also in the scope of personal data entrusted by the Law Firm:
1. Google Ireland Limited;
2. Facebook Ireland Limited;
§ 2
Address and purpose of the Site
(1) The Site is available at the internet domain name: www.kancelaria-mikolajczyk.com.
2. the main purpose of the Site is:
1. to sell the services offered by the Owner;
2. presentation of the Owner’s service offerings;
3. enabling Users to leave their contact details;
4. making payments for the services provided by the Owner through the payment systems provided.
§ 3
Obligation to comply with the provisions of these regulations
1) Users visiting the Site are obliged to comply with the provisions of these Rules and Regulations, and to use the Site in a manner that does not infringe the rights of third parties, including the Owner.
2. any advertisements, price lists and information generated by the Owner constitute an invitation to undertake negotiations in order to conclude a contract, unless their content clearly indicates that they constitute a commercial offer addressed to a given person upon his/her request.
§ 4
Responsibility for the content
(1) The Proprietor shall endeavour to ensure that the information provided on the Site is correct and up-to-date. The Proprietor shall not be liable for the correctness, up-to-dateness and continuous availability of the Site in situations not attributable to him or caused by force majeure.
(2) The Proprietor shall be responsible for the content posted on the Site by him or persons acting on his instructions.
(3) Binding information, recommendations or advice shall be provided by the Owner through personal communication.
(4) The Proprietor reserves the right to change the content of the Site, supplement it, modify it or even delete it altogether.
(5) The Site will include links to the addresses of third party websites. The Proprietor shall not be liable for the content posted at such addresses.
§ 5
Copyright protection
(1) The content of the Site (content, design, structure, logo) shall be protected by Polish and international copyright law, in particular through the provisions of the Act of 4 February 1994 on Copyright and Related Rights (Journal of Laws 2022, item 2509, as amended).
(2) The rights to the materials posted on the Site shall be reserved for the Owner or authorised entities (e.g. customers, business partners, etc.).
(3) No part of the Site may be copied or distributed in any form or by any means, including photocopying, printing, CD/DVD or any other means of data storage, without the consent of the Owner. Possible exceptions to the above rule are provided for in the terms and conditions.
4th Downloading and copying of the content of the website is only permitted for private, non-commercial use.
(5) Infringement of licences and copyrights by the User shall be sanctioned in accordance with the provisions of generally applicable law, in particular the Act on Copyright and Related Rights, the Act on Combating Unfair Competition, the Civil Code Act.
§ 6
Personal data protection
(1) The Law Firm processes the personal data of its Clients and Users who are natural persons or natural persons who are part of the structure of the Clients and Users who are legal persons or organisational units with legal personality in accordance with the regulations of the Regulation of the European Parliament and of the Council (EU) of 27 April 2016 on the protection of natural persons in relation to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) – hereinafter referred to as: RODO.
(2) The provision of personal data by Users or Customers is a contractual requirement to enable the Administrator to provide services to the Customer or User. Failure to provide data may result in the inability to provide services to the Client or User.
(3) By using the Law Firm’s services both via the Website and through other forms of contact, also at the initial stage of determining the terms and conditions of cooperation, Users or Clients entrust the Law Firm with their personal data.
4th Any form of processing of the Clients’ or Users’ personal data requires their prior express and voluntary consent.
(5) The Law Firm shall also be entitled to process the Clients’ or Users’ personal data to the extent necessary for the performance of the agreement to which the Client is a party or to take action at the request of the User prior to the conclusion of the agreement.
(6) The controller of the personal data processed in accordance with these Regulations, with particular regard to the nature, scope, context and purposes of the processing, as well as the risks of violating the rights or freedoms of Clients or Users, is: The Law Firm. The following channels of communication have been made available for the purpose of contacting in matters concerning the protection of personal data:
1. Kancelaria Radcy Prawnego Kamil Mikołajczyk, ul. Dolna 3 Maja 3/107, 20-079 Lublin and
2. kontakt@kancelaria-mikolajczyk.com
7. personal data of Clients or Users may be processed for the following purposes:
1. provision of services on the basis of concluded agreements between the Firm and the Client,
2. preparation for concluding a contract with the User,
3. marketing, including profiling and analytical purposes,
4. provision of services by electronic means,
5. tailoring website content to your preferences and interests,
6. detection of bots and abuse of services,
7. statistical measurement and service improvement (analytical purposes).
(8) Upon consent, the Firm may entrust the processing of Users’ or Clients’ personal data to Trusted Partners, but only for the purposes described in § 6 of these Terms and Conditions. In addition, personal data may be transferred to entities processing them on behalf of the administrator on the basis of entrustment agreements concluded, such as: IT service providers, marketing agencies, research companies.
(9) Any personal data will not be transferred to third countries outside the European Economic Area.
(10) Personal data of the Users or Customers processed based on their consent shall be stored by the Administrator in a form which makes it possible to identify the person to whom the data refer for a period not longer than is necessary for the purposes for which the data are processed, subject to the existing rights of the Customers or Users to revoke their consent to the processing of personal data. After effective revocation of consent pursuant to the preceding sentence, the Law Firm shall process personal data only for a period corresponding to the period of limitation of claims which the Administrator may raise and which may be directed against the Administrator.
(11) Personal data of the Users or Clients processed on the basis of an agreement concluded with the Administrator shall be stored in a form enabling the identification of the person to whom the data pertains for a period no longer than it is necessary for the performance of the subject matter of the agreement. After the indicated period, the Law Firm shall process personal data only for the period corresponding to the period of limitation of claims which the Administrator may raise and which may be directed against the Administrator.
(12) The periods of personal data processing referred to in § 6 (8) and (9) of these Terms and Conditions may be modified to the extent required by specific provisions, e.g.: the Accounting Act.
13. personal data of Users or Customers will be processed on the following legal bases:
1. for marketing purposes including profiling and analytics – on the basis of explicit consent given pursuant to the provisions of Article 6(1)(a) of the RODO;
2. for the purposes of providing services on the basis of concluded contracts, preparing to conclude a contract with the User and providing services electronically – on the basis of Article 6(1)(b) RODO as processing necessary to perform the contract or to take action at the request of the User or the Customer, prior to concluding the contract;
3. in order to tailor the content of the websites to the preferences and interests of the Users or Customers, to detect bots and abuse of the services, as well as to make statistical measurements and improve the services – on the basis of Article 6(1)(f) RODO.
14. in connection with the processing of personal data, Users and Customers have the following rights:
1. to request the Administrator to access, rectify, delete or restrict the processing of their personal data,
2. to object to the processing,
3. to lodge a complaint to the supervisory authority (President of the Office for Personal Data Protection),
4. to data portability,
5. to withdraw consent at any time without affecting the lawfulness of the processing carried out on the basis of consent before its withdrawal.
(15) With a view to providing an individually tailored offer, as well as in the course of the procedure aimed at concluding or performing a contract and in the case of obtaining the User’s or Client’s express consent, the Law Firm may apply profiling understood as the processing of personal data consisting in their use for analyses or forecasts concerning the individual interests and preferences of the User or Client club.
(16) The Law Firm does not make decisions solely on the basis of automated processing of the User’s or Client’s personal data.
§ 7
Cookie policy
(1) The Administrator informs that the Website uses so-called “cookies” – small text files saved by the Internet browser and other technologies to record information about the pages visited by the User or the Client and their activity. Cookies are used to adapt the content of websites to the User’s preferences and to optimise the use of websites. They are also used to create anonymous statistics which help to understand how the user uses websites to improve their structure and content, excluding the personal identification of the user.
(2) These cookies do not collect the User’s or Client’s personal data, do not change the configuration of the User’s or Client’s computer, are not used to install or uninstall any computer programs, viruses or trojans, do not interfere with the integrity of the User’s or Client’s system or data, are not processed by other websites and can be deleted by the User or Client at any time.
(3) Cookies may be placed by and transferred to Trusted Partners who are obliged to comply with all regulations under the RODO.
(4) Personal data collected using cookies may only be collected for the purpose of performing certain functions for the User or Customer. Such data shall be encrypted in such a way as to prevent access by unauthorised persons.
(5) By default, the web browsing software allows the placement of “cookies” on the end device. These settings can be changed in such a way as to block the automatic handling of “cookies” in the settings of your web browser or to inform you each time they are sent to your device. Detailed information on the possibility and handling of cookies is available in the settings of your software (web browser) – additional information is available on the relevant pages of Internet Explorer, Mozilla Firefox, Google Chrome, Opera browsers.
(6) Restricting the use of cookies may affect some of the functionality available on the Website.
(7) The Administrator uses the following types of “cookies” and other such technologies, distinguished by:
1. their duration:
session files – files stored in the User’s or Customer’s terminal equipment until they log off, leave the Website and the application or switch off the software;
permanent – stored on the end device for the time specified in the parameters of the cookies or until they are deleted by the User or Client;
1. purpose they serve:
ensuring security – supporting technical solutions to counteract abuse on websites, including the Site,
improving the functionality of the Site – consisting of “remembering” the User’s or Customer’s preferences and serving to personalize the interface;
determining performance – allowing the collection of information on the use of the Site;
creating statistics;
providing advertising content tailored to the User’s or Customer’s preferences;
ensuring the operation of services and applications – e.g. authentication files necessary for the provision of services requiring authentication.
8 Other technologies used by the Administrator include web beacons, pixels and anonymous advertising network tags. Among the technical solutions used by the Administrator are primarily:
1. web analytics – Google Analytics,
2. remarketing tags – Google AdWords,
3. Pixel Facebook services.
The above technical solutions are provided by the Administrator’s Trusted Partners, respecting the rights of Users and Customers under the RODO. Additional information regarding the privacy policy is made available directly by the Trusted Partners.
§ 8
Social plug-ins
In order to run the Site in a more attractive and customisable manner, the Administrator places so-called “social plug-ins” from the following services on the Site:
1. Facebook – the Site contains “Like” or “Share” fields linked to Facebook (facebook.com), after using any of the aforementioned fields the User or Client will be redirected to the Facebook login page or the home page of the User’s or Client’s Facebook account (if they remain logged into Facebook). Facebook’s privacy policy is provided individually by Facebook;
2) YouTube – the Website may contain videos from YouTube (www.youtube.com). Accordingly, a link referring to YouTube is provided on the Site. YouTube’s privacy policy is made available individually by this service;
3. LinkedIn – The Site contains fields for adding entries which are linked to LinkedIn (linkedin.com). By using this field and adding a post, the User or Client will be redirected to either the login page of the LinkedIn service or the home page of the User’s or Client’s account of this service (if he or she remains logged into LinkedIn). LinkedIn’s privacy policy is made available individually by this service;
4. Instagram – The Site may contain videos, posts shared from Instagram (www.instagram.com). Accordingly, a link referring to Instagram is provided on the Site. The privacy policy of the Instagram service is made available individually by this service;
5. TikTok – the Website may contain videos, posts from TikTok (www.tiktok.com). Accordingly, a link to TikTok is provided on the Website. TikTok’s privacy policy is provided individually by TikTok;
§ 9
Terms and conditions of providing services
1. the Law Firm renders services in the scope of providing broadly understood legal assistance addressed to natural and legal persons, as well as organisational units without legal personality, by means of e.g:
2. providing legal advice by qualified lawyers with extensive professional experience, during meetings held at the Law Firm’s premises;
3. provision of advice/legal opinions sent by electronic mail (e-mail);
4. legal consultations provided during telephone conversations with clients;
5. drafting of pleadings; 6,
6. representation of Clients in the course of judicial, administrative, judicial and administrative proceedings.
7. provision of services to the Law Firm’s Clients shall take place only upon prior conclusion of a written agreement between the Client and the Law Firm and after the Client’s fulfilment of contractual obligations inter alia in the scope of providing the necessary information and documents as well as paying the remuneration due to the Law Firm.
§ 10
Price
(1) The price of providing particular services by the Proprietor shall be determined individually at the stage of drafting an agreement concluded between the Proprietor and the Client and shall depend on the specificity of each of the Client’s matters.
(2) The Firm reserves the right to offer different prices for the services provided to Clients.
(3) The service does not include the costs of Internet or telephone access, which are calculated by the media providers and are not dependent on the Owner.
(4) The service can be paid for
by bank transfer,
by postal order,
in cash at the registered office of the Owner.
5. the Proprietor, acting through qualified employees prior to the conclusion of each contract, will prepare a precise and comprehensive valuation of the services. The quotation prepared and sent is valid for a period of 30 (in words: thirty) days from the date of its creation.
§ 11
Delivery costs
(1) Delivery shall be made via a postal operator selected by the Owner. The cost of delivery shall be borne by the Customer based on the current price lists of the delivery operator in force on the date of posting.
(2) At the Customer’s express request, and at the Customer’s risk, delivery may be made by another postal operator chosen by the Customer, the additional cost being borne by the Customer.
§ 12
Lead time
The lead time for contracted services depends on a number of factors, including:
1. the complexity of the case,
2. the pace of consideration of cases by courts or administrative authorities,
3. the amount of work necessary to provide a given service,
4. the efficiency of the cooperation between the Office and the client.
§ 13
Complaint procedure
(1) A client is entitled to lodge a complaint about the performance of services by the Law Firm by addressing a complaint to the Law Firm.
(2) All complaints should include at least:
3. data making it possible to identify the Client (e.g. company, Tax Identification Number (NIP), name and surname, authorised person, bank account number and name of the Bank),
4. contact details (e.g. telephone number, e-mail address, mailing address),
5. transaction/order number about which a complaint has been made,
6. a brief description of the objections as to the services rendered.
(7) The Law Firm’s response time to a complaint shall be 14 (in words: fourteen) days from the date of delivery to the Law Firm of a properly drawn up complaint in accordance with the provisions of § 13 of the Rules and Regulations.
(8) The Law Firm may require the Client to provide additional information and documents apart from those specified in § 13 point 2 of the Regulations.
(9) Submitting a complaint pursuant to § 13 of the Regulations shall not release the Client from the obligation to pay the Law Firm’s remuneration for providing the services.
§ 14
Possibilities of withdrawal from the Agreement by the Client
(1) The Client being a consumer within the meaning of the provisions of Article 221 of the Act of 23 April 1964 Civil Code (i.e., Journal of Laws 2022 item 1360 as amended) pursuant to the provisions of the Act of 30 May 2014 on Consumer Rights (i.e., Journal of Laws 2022 item 2581 as amended) shall have the right to withdraw from the concluded agreement within 14 (say: fourteen) days from the date of its conclusion.
(2) By ordering the commencement of the service (by express consent of the Customer) before the period of 14 days referred to in § 1 4 (1) of the Terms and Conditions, the Customer shall lose the right to withdraw from the Contract.
§ 15
Technical notes
(1) The use of different web browsers may lead to differences in the presentation of the content on the Site.
2. digital data processing is associated with the likelihood of errors.