I Introduction

While conducting its business activity, JWP collects and processes the personal data of users in accordance with relevant regulations, including (EU) Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter: GDPR).

Below we present information that may be of significance in connection with the use of services of JWP Rzecznicy Patentowi Dorota Rzążewska sp.k. (hereinafter: JWP) or another entity from the JWP Group (hereinafter: www.jwp.pl/o-nas/), which is party to a contract to provide or receive services or an entity which has been contacted for any other purpose.

Personal data is understood to mean information about a natural person identified or identifiable by one or more specific factors which determine their physical, physiological, genetic, mental, economic, cultural, or social identity, including image, voice recording, contact details, location details, information contained in correspondence, information collected through recording equipment, or any other similar technology.

The controller of personal data deciding on the purposes and manner of data processing are jointly the entities constituting the JWP Group (hereinafter: JWP):

• JWP Patent & Trademark Attorneys (JWP Rzecznicy Patentowi Dorota Rzążewska sp. k.), address: ul. Mińska 75 03-828 Warszawa, Poland, District Court for the capital city of Warsaw 12 Economic Division of the National Court Register: KRS: 0000717985 | NIP: 526 011 18 68 | REGON: 010532597
• JWP Legal, address: ul. Mińska 75 03-828 Warszawa, Poland. District Court for the capital city of Warsaw 14 Economic Division of the National Court Register: KRS: 0001132866, NIP: 1133148995, REGON: 529930643
• Foundation JWP (Fundacja JWP Masz pomysł? Masz patent. Masz zysk!), address: ul. Mińska 75 03-828 Warszawa, Poland, District Court for the capital city of Warsaw 12 Economic Division of the National Court Register. KRS: 0000379117 | NIP: PL 701 028 28 77 | REGON: 142823770

To ensure an adequate level of personal data protection, JWP has appointed a Personal Data Protection Inspector, who can be contacted at the following e-mail address: dane@jwp.pl, telephone number: +48 22 436 0507 or by post at the address: ul. Mińska 75 03-828 Warszawa.

II Collecting, Processing and Using Personal Data

The way and scope of collecting personal data depends in particular on whether the User visits our website for informational purposes or uses the services offered on our website or the services described therein but provided differently.

The provision of personal data is voluntary, but it is necessary to meet the purposes for which we have collected the personal data.

We process personal data for the following purposes and with reference to the following legal bases (legal basis: Article 6(1)(a) – 6(1)(c), Article 6(1)(f) GDPR):

• conclusion of an agreement and the execution of individual orders, including the provision of  suitable quality services – “the performance of the contract,”
• the fulfilment of legal obligations, e.g. issuing and storing invoices or responding to complaints – “the legal obligation,”
• the pursuit of possible claims – “the legitimate interest,”
• marketing of our own services during the term of the contract – “the legitimate interest”.

The personal data provided to us are processed for the period necessary to accomplish the purposes described above. Depending on the legal basis, the duration of that period will be respectively:

• the duration of the cooperation itself, but not more than 10 years from the end of the year in which the activities for which the personal data were collected ceased – in the case of personal data processed by legal advisers or attorneys in order to conduct their professional activities,
• the duration of conducting legal obligations and the period for which the Controllers are legally obliged to store data, e.g. tax regulations,
• the period after which any claims under the contract become statute-barred,
• the time until the withdrawal of the consent.

Taking into account the trust that users place in JWP while using our legal advice, we reserve the right to retain their personal data in certain cases, to enable us to verify the conflict of interest should we conduct a case for an opposing party, for a particular user.

III Cookies Policy

When a user uses the Website, we automatically collect data about them. This data includes: IP address, domain name, browser and operating system. Such data may be collected by the use of cookies, Google Analytics, and server logs.

Cookies are small text files that are sent to the user’s computer or another terminal device when the user visits the Website. Cookies remember the user’s preferences, which enables improvement of the quality of the services provided, improvement search results and accuracy of the information displayed, as well as website personalization and keeping website statistics.

Cookies are administered by JWP Rzecznicy Patentowi Dorota Rzążewska Spółka komandytowa, ul. Mińska 75 03-828 Warszawa, Poland, District Court for the Capital City of Warsaw in Warsaw, 12 Commercial Division of the National Court Register, KRS: 0000717985, NIP: PL 526 011 18 68, REGON: 010532597 (hereinafter: JWP).

The user may not agree to the use of cookies (or set suitable preferences regarding their use in their web browser) by selecting appropriate settings in their web browser.

The user grants their consent to storing or accessing cookies by the Service Provider by reading the message on the use of cookies during the first visit to the Website, closing the same message and not changing the default settings of their web browser. The User may at any time change the way cookies are used by changing the settings of their web browser.

JWP uses the following types of cookies:

1. Essential files – files of key importance, enabling users to navigate the Website and use its functionalities, such as access to safe areas on the Website.
2. Performance files – files which collect information about the ways in which users use the Website and which parts of the Website they visit most frequently.
3. Functional files – files which record users’ choices (such as username, language, or the region where users are located).

JWP uses Google Analytics, a web analytics tool that provides insight into the traffic on the Website, in order to carry out its marketing purposes.

Third-party social media (e.g. Facebook, Twitter, LinkedIn) may record information about the users, for example when they click on the Add or Like button of a particular social networking site while viewing the Website. The service provider does not control third-party websites or their activities. Information about social media is available on their websites.

The data provided by the user or collected automatically are used by JWP for the following purposes:

1. the proper functioning, configuration, safety and reliability of the Website,
2. monitoring session status,
3. adjusting the information displayed to the user’s preferences,
4. analyses, statistics, surveys, and audits of the Website.

Please send any additional questions related to the use of cookies to info@jwp.pl. The principles set out in the Cookies Policy are subject to Polish law.

IV Transfering Personal Data to Third Parties

Without prejudice to the guarantee of data security, we may pass on the users’ personal data to other parties, including:

1. persons authorised by JWP to process data,
2. entities entrusted with processing of data, e.g. technical service providers and advisory bodies,
3. other administrators, such as couriers.

Personal data may also be transferred to countries located outside the European Economic Area (countries other than the European Union, Iceland, Norway, and Liechtenstein), with adherence to the conditions set out in Chapter V of the GDPR. The personal data of JWP’s clients is transferred to foreign attorneys based outside the European Economic Area upon receiving the user’s permission to do so.

Entities who are granted access to a user’s data may use them in the manner and to the extent necessary to attain a purpose specified by JWP. Moreover, JWP cooperates with advisors who should comply with the regulations and security rules which regulate the processing of personal data. JWP concludes data entrustment agreements with particular entities, which specify the conditions under which they can use the personal data.

V Google Analytics

JWP uses the Google Analytics service, which makes use of cookies stored on the user’s computer. This enables us to obtain personal data which identify the entity using the JWP website, such as its IP address. Information resulting from cookies is transferred to Google Inc. and stored on its server. Google Inc. collects and processes data in accordance with its own privacy policy.

VI Personal  Data in Social Media

JWP provides content through such social media as Twitter, Facebook, LinkedIn, and Youtube. The collection and processing of personal data of users using such social media is carried out by those entities in accordance with the conditions specified by their owners, outside JWP’s control.

VII Data Security

In order to ensure the confidentiality of data, JWP has implemented procedures and made organizational and technical arrangements which enable data access by authorized persons who process such data as part of their duties. Suitable steps have been taken to ensure that subcontractors and other cooperating entities also guarantee appropriate security measures whilst processing data on behalf of JWP.

Information sent via the website, including the contact form and the newsletter through the JWP Online service, is encrypted using the SSL protocol and remain invisible to third parties.

Risk analyses are conducted on an ongoing basis and the adequacy of the data protection measures applied to the identified threats is monitored.

Moreover, JWP carries out its activities with full respect to the obligations arising from the professional secrecy of patent attorneys, the secrecy of legal counsel, and the secrecy of attorneys.

VIII User Rights

Each person whose personal data is held by JWP has the right to access such data, transfer them, rectify them, and delete them or limit their processing. Any limitations of this right may result only from legal regulations.

Regardless of the rights listed above, any data subject may object to the processing of data if the legal basis for the use of the data is a legitimate interest. After receiving a suitable request, JWP shall cease to process such data for the specified purpose.

Withdrawal of consent to the processing of personal data shall not affect the consent to the processing of personal data which was carried out in compliance with the consent prior to its withdrawal.

To exercise this right, users should send an e-mail to dane@jwp.pl.

Each data subject shall also have the right to make a complaint with the President of the Office for Personal Data Protection if they believe that the processing of their personal data by JWP violates the law.

IX Terms and Conditions for the Provision of Services

In accordance with legal requirements, detailed terms and conditions regulating remote provision of services are set out in the Terms and Conditions for the Provision of Services.

X Copyright

The contents of the Website are protected by copyright. Its contents may not be used in any fields of exploitation, unless JWP agrees to it in writing, without prejudice to non-commercial personal use.

The JWP logotype placed on the website is a protected registered trademark.

Any contents constituting a piece of work, published on the blog, in social media, and in the newsletter, are also protected by JWP’s copyright.

XI Final Provisions

The contents of the materials published on the website, in social media, and in the newsletter are placed there for informational purposes only and cannot be treated as a form of advice, consultation, or recommendation.

JWP reserves the right to make changes to that information at any time and in any scope without prior notice to the recipients.

Commercial information concerning the services provided is of an informational nature and constitutes an invitation to negotiations. It does not constitute a commercial offer as defined by Article 66 §1 of the Civil Code.

The principles set out in the Privacy Policy are subject to Polish law.

Privacy and cookies policy may be updated, in particular in the event of changes to the regulations or guidelines of relevant authorities.