TERMS OF USE
Welcome to the official website of the Law Office Andjelkovic
www.andjelkoviclegal.rs
This site is owned by the lawyer Svetlana Andjelkovic Milosevic, from Belgrade-Stari Grad, Kosovska St. No. 34. The contents of the site are not posted with the aim of advising clients but to provide basic information about our team, practice and legal services we provide. Law Office Andjelkovic enables sending of inquiries and requests by clients and potential associates through the site, ie it reserves the discretion to provide you with a portfolio and a list of projects in which we have been involved.
These Terms of Use together with our Privacy Policy constitute the Agreement applicable to you. By accessing or using our website www.andjelkoviclegal.rs, you are legally bound by this Agreement.
Law Office Andjelkovic reserves the right to update these Terms of Use, as well as the Privacy Policy at any time and all changes made will take effect after they are published on this site.
We warn you to check these Terms of Use and Privacy Policy as you are bound by the current version available on the site.
All materials on our site are protected by our intellectual property rights. Any unauthorized use of material from our site or part thereof without our permission constitutes an infringement of intellectual property rights.
Disclaimer
The information available on the website www.andjelkoviclegal.rs, such as materials, texts and images, is for informational purposes only. We are not liable for any loss or damage incurred in connection with the use of information, materials and/or opinions on our site, including but not limited to:
• profit losses, business losses, data losses, production losses, losses of commercial or business opportunities;
• any loss or damage not caused by our injury,
• indirect, consequential or special losses or damages, including any losses or damages that were foreseeable at the time these Terms of Use and Privacy Policy were adopted;
If you want to contact us
You can send all your inquiries related to the specific legal issues to our lawyers (Team of the Law Office Andjelkovic). In case of any questions related to our site, please contact us via email office@andjelkoviclegal.rs or via the Contact service available on our site.
PRIVACY POLICY
INTRODUCTION
The right to privacy is a basic human right proclaimed and guaranteed by international agreements and conventions, constitutive acts of nation states and unions, but also by laws. Legal norms that prescribe the protection of privacy are one of the most important achievements of legal theory and practice.
In accordance with the described right and the goal of its protection, Law Office Andjelkovic, whose founder is lawyer Svetlana Andjelkovic Milosevic, Registration no. 56109099, Tax id no. 103520718, with its registered office at Kosovska St. No. 34, Belgrade – Stari Grad (hereinafter: „Law Office Andjelkovic“, „We“) respects the privacy of the data of individuals with whom it comes into contact. This Privacy Policy (hereinafter: Privacy Policy) contains all information related to the processing of personal data of individuals that Law Office Andjelkovic collects or comes into contact within its regular business.
This Privacy Policy allows you to find out how Law Office Andjelkovic processes your personal data and which rights you have regarding the processing of your personal data.
BASIC INFO –LAW OFFICE ANDJELKOVIC
Law Office Andjelkovic is a law office organized and registered before the Belgrade Bar Association in the form of a law office with its registered office at Kosovska St. No. 34, Postal code 11000 Belgrade – Stari Grad, Republic of Serbia. The fully registered name of the Law Office is Lawyer Svetlana Andjelkovic Milosevic (hereinafter: „Lawyer“).
The Lawyer is registered in the registry of the Belgrade Bar Association in accordance with the Law on Advocacy, the Statute of the Serbian Bar Association, the Statute of the Belgrade Bar Association and the Code of Proffesional Ethics of Lawyers (hereinafter: „Relevant Regulations“). In accordance with the relevant regulations, lawyer Svetlana Andjelkovic Milosevic is the manager of the Law Office (hereinafter: the „Manager“), with Tax id no. 103520718 and Registration no. 56109099. In accordance with the relevant regulations, legal assistance is provided by a lawyer with the help of the law trainees (hereinafter: „Jurists“).
This Privacy Policy applies to persons whose data are processed on the territory of the Republic of Serbia in accordance with the Law on Personal Data Protection („Official Gazette of RS“, No. 87/2018) and applies only to data processed within the Law Office Andjelkovic. Data processed outside the territory of the Republic of Serbia are regulated by Regulation (EU) 2016/679 of the European Parliament and the Council for the protection of individuals with regard to the processing of personal data, and on the movement freedom of such data and repealing Directive 95/46 EC (General data protection regulation).
Law Office Andjelkovic is in most business activities related to performing activities in the role of operator, and independently or together with other operators determines the purpose and method of data processing, while in some activities may be a processor who processes personal data on behalf of the operator.
Regardless of the capacity in which we process your personal data, we protect and take care of your data and treat it fairly, transparently and exclusively in accordance with the applicable legislation and best international practice in this area.
BASIC TERMS
- Personal data – any data relating to a natural person whose identity is determined or determinable, directly or indirectly, in particular on the basis of an identity mark, such as name and ID No, location data, identifier in electronic communications networks or one, that is, more features of his physical, physiological, genetic, mental, economic, cultural and social identity;
- Operator – a natural or legal person, ie a government body that independently or together with others determines the purpose and manner of processing;
- Processor – a natural or legal person, ie a government body that processes personal data on behalf of the operator;
- Data processing – any action or set of actions that are performed automatically or non-automatically, with personal data or their sets, such as colleting, recording, classifying, grouping or structuring, storing, comparing or modifying, disclosing, inspecting, using, disclosing by transmission or delivery, duplicating, spreading or otherwise making available, comparing, restricting, deleting or destroying;
- Recipient – a natural or legal person, ie public authority to which personal data have been disclosed, regardless of whether it is a third party or not, unless it is a public authority which, in accordance with the law, receives personal data within the research of a certain case and process this data in accordance with the Law;
- Third party – a natural or legal person, ie a public authority, which is not a data subject, operator or processor, as well as a person authorized to process personal data under the direct supervision of the operator or processor;
- Joint operator – operator who, together with Law Office Andjelkovic, determines the purpose and manner of processing.
PRINCIPLES OF PERSONAL DATA PROCESSING
The principles of processing are the basic rules that Law Office Andjelkovic adheres to when collecting and processing personal data.
Law Office Andjelkovic, as well as all employees of the Law Office, are obliged to ensure full aplication of the principles of processing during the collection and processing of personal data.
Law Office is responsible for the application of the principles when collecting and processing personal data.
Law Office collects and processes personal data with the obligatory application of the following principles:
• Principle of legality, fairness and transparency
Personal data must be processed legally, fairly and transparently in relation to the data subject, in accordance with the legal regulations governing the processing.
The company undertakes to provide the person with information on the procedure of collectiong and processing his data, as well as other information regarding the legality, purpose of processing, manner of exercising rights and other necessary information, all in accordance with the provisions of the Law.
• The principle of limitation in relation to the purpose of processing
Andjelkovic Law Office collects data for purposes that are specifically determined, explicit, justified and legal, and the data thus collected cannot be further processed in a manner that is not in accordance with those purposes.
Law Office will not process the collected data for any other purpose, unless there are some other processing actions that are regulated by law or are necessary for the quality provision of the service.
• Data minimization principle
The personal data collected must be appropriate, relevant and limited to what is necessary in relation to the purpose of the processing.
• Principle of accuracy
Personal data must be accurate and, if necessary, updated. Taking into account the purpose of processing, Law Office takes all reasonable measures to ensure that inaccurate personal data are deleted or updated without delay.
Updating of data is ensured through procedures of regular controls of accuracy and controls that determine whether the collected personal data is up-to-date or not and processes of communication with persons through which data corrections can be made in case a person notifies the Company about change of his/her data, ie if a person notices that some data is inaccurate.
• The principle of storage restrictions
Law Office keeps personal data in a form that enables the identification of persons only whithin the period necessary to achieve the purpose of processing. Personal data may be stored longer in order to comply with the legal obligation of the Law Office Andjelkovic to request processing or in the event of a legitimate interest (such as filing, pursuing or defending a legal claim).
• The principle of integrity and confidentiality
Personal data shall be processed in a manner that ensures adequate data protection, including protection against unauthorized or unlawful processing, as well as in the event of loss, destruction or damage through the application of appropriate technical, organizational and personnel measures.
Law Office applies measures aimed at preventing unauthorized disclosure of data in accordance with the needs of the workplace, etc.
LAWYER'S SECRET
The lawyer fully respects the conditions for keeping lawyer's secrets which are prescribed in the Relevant regulations. In accordance with the above-mentioned rules, all information collected by the Lawyer from the client or in any other way, which is related to the provision of legal assistance, is considered a lawyer's secret and is kept confidential. The same applies to data, documents (files, objects, documents, electronic, audio or video and recordings) and deposits that are communicated, displayed or handed over to a lawyer in connection with representation, regardless of whether the documents and deposits are in law office, or are temporarily stored elsewhere. In addition, confidential information that the Lawyer learned from a person to whom he did not agree to provide legal assistance is also covered by the veil of legal secrecy. In addition, confidential information disclosed by the Lawyer from the opposing party, who, before initiating proceedings before the competent authority addressed him for the purpose of settlement or mediation, is also considered a lawyer's secret. The lawyer applies adequate protection measures and procedures to preserve the confidentiality of the data and avoid the risk of disclosure. The lawyer has the necessary technical capacity to meet there requirements.
A lawyer has the right to disclose a lawyer's secret in the following cases:
• with the express permission of the client or a person he has not agreed to represent;
• when detection is necessary in order to prevent the commission of the announced criminal offense with significant social danger;
• when disclosure is necessary for the defense of the lawyer himself in the proceedings against him initiated by the client, the person who entrusted the data or documents to the client on behalf of the client, or the person whom the lawyer did not agree to represent;
• when disclosure is necessary to defend the interests and rights of the lawyer himself or his close relatives and associates, if those interests and rights are objectively more important than the content of the secret.
The Lawyer's obligation to mantain legal secrecy is not limited in time.
LEGAL BASIS OF PERSONAL DATA PROCESSING
Law Office Andjelkovic collects personal data in accordance with the Law for a specific purpose and on a specific legal basis. Depending on the purpose of processing, the legal basis for processing personal data may be:
- Contract – We may process your data on the basis of a contract, ie for the purpose of preparation, conclusion and/or execution of the contract, ie for the purpose of protecting your rights in proceedings before courts and competent authorities;
- Compliance with the Company's legal obligations – In certain cases, the legal basis for the processing of your data may be compliance with the legal obligations that the Company is obliged to fulfill;
- Positive legal regulations – Positive legal regulations can be the basis for the processing of your data in cases when such processing is necessary in order to exercise the prescribed powers of Andjelkovic Law Office;
- Legitimate interest- Legitimate interests of Law Office Andjelkovic or third parties can be the basis for processing personal data only if those interests are not outweighed by the interests or basic rights and freedoms of the person to whom the data relate.
- Consent – Law Office Andjelkovic may process your data on the basis of your consent. Giving consent is always voluntary. Under consent, as a legal basis for the processing of your data, we will also consider your request sent to the Law Office.
DATA COLLECTED, LEGAL BASIS AND PURPOSE OF PROCESSING
Depending on the category of persons to whom the personal data relate and the defined purposes of processing these data, Law Office may process different personal data:
• People employed in our Law Office:
For the purpose of establishing employment relationship or other form of employment and exercising the rights and obligations arising from it, Law Office collects data on its employees in accordance with the Employee Privacy Policy.
• People applying for work in our Law Office
If you are applying for a job in our Law Office, we process personal data that you provide to us for that purpose. Data such as name and surname, ID no, gender, date and place of birth, address of residence, apartment address, telephone number, e-mail address, education and qualification are collected and processed from job candidates. Bearing in mind that the form of the CV has not been determined, if you have provided some other information in addition to the above, we may come into possession of that information which we cannot influence. Law Office collects and processes this data based on your consent.
After the expiration of the specific competition, persons who will not be employed may decide that their data will be available in HR records of the Law Office if the need for their employment arises in the future. In this case, your data will be stored in the records within a year (1 year) from the date of completion of the competition, unless you become part of our team. This means that from the expiration of the specific competition, the processing of personal data will be performed on the basis of informed consent.
• People in business relationship with the Law Office Andjelkovic
With the purpose of achieving and/or retaining a business relationship, that is fulfilling the contract, we process personal data of present and potential associates of the Law Office Andjelkovic such as name, last name, e-mail address and/or telephone number. We process this data within the time limit necessary to achieve the purpose for which the data is being acquired. People who hire us for providing legal services deliver data in accordance with the purpose of our hiring, and on that occasion while respecting the lawyer’s secret, we are guided by the foundational principles of data collection while explaining the necessity of acquirement and processing personal data, all with the purpose of establishing, protecting or defending your rights in court proceedings and before the competent authority. Such data can be personal identification number, data regarding property, relations, status, work engagement, health condition etc…
• People accessing the premises of the Law Office Andjelkovic
If you are accessing the premises of our Law Office information regarding your visit or stay at the Law Office will be recorded in the record of visits which contains name, last name, personal identification number, ID card number or any other identification document as well as the date of visit, which is established for the purposes of protection people and property. This data is acquired by the Law Office with the legitimate interest, which is reflected in the prevention and detection of criminal activities and antisocial behavior, since the premises of the Law Office contain property of great value in relation to which data processing has minimal impact on individual privacy.
PROCESSING OF SPECIAL PERSONAL DATA
As a rule, Law Office Andjelkovic does not collect or process personal data of an individual which reveal racial or ethnic background, political opinion, religious or philosophical beliefs or membership in a union, and does not process genetic data, biometric data for the purpose of unique identification of people, health data or data regarding sexual activity or sexual orientation of an individual.
Although, if you hire our Law Office, we may ask you to deliver a specific category of especially sensitive data or other personal information which are necessary for providing legal services. In those situations, it will be clearly indicated which personal data we collect and for what purpose. For example, while forming a case file we will collect contact information (address for receiving mail, e-mail address and telephone number(s)), information regarding bank accounts and identification data. In any other case in which the purpose of collecting personal data is not apparent, it will be indicated when it will be expected of you to deliver your personal information and for what purpose.
Therefore, processing of this data is not a condition, but in certain circumstances there are exeptions when the processing is neccesary for establishing, realizing or defending legal demands before the court of law.
WAYS OF COLLECTING PERSONAL DATA
The way your personal data will be collected depends on the category of a subject whose data is being processed by the Law Office, therefore your personal data can be collected by the Law Office in following ways:
• Directly from you as a part of engagement for providing legal services (Clients) or while in the process of hiring (Candidates)
• While accessing our website on the internet addres https://www.andjelkoviclegal.rs/
• Sending inquiry via our website https://www.andjelkoviclegal.rs/
• From third party – employment agency – ( for example when a recruitment agency contacts us so it can idenify you as a potential candidate ) or from publicly accessible sources ( for example from a website of your current employer or from a professional social network such as LinkedIn); and
• From previous and/or current operater of your data;
RECIPIENTS AND TRANSFER OF PERSONAL DATA
Within the business and while implementing business proccesses and activities related to the registered activity of our Law Office, your personal data can be delivered in accordance with the law to the following categories:
• Authorities such as state authorities, government bodies of territorial autonomy, local self-government units, public enterprise, institutions and other public service, organisations, and other legal entity which is exercising public authority and others;
• External associates entrusted by the Law Office Andjelkovic to perform certain operations and processing activities in accordance with the concluded contracts (which includes but is not limited to auditors, lawyers, commercial banks, as well as other associates who provide the Company with services of sending and delivering shipments, archiving, telecommunication services, IT support etc ). External associates can have an attribute of a controller, joint controller, processor, subprocessor, recipient or third party.
Law Office Andjelkovic in the capacity of an operator of personal data can deliver the data to third parties listed in the previous paragraph, some of which are processors, recipients of data, that is third parties.
Law Office Andjelkovic can specify as a processor only a person who can guarantee implementation of appropriate technical, organisational and personnel measures in a way that secures that the processing will be conducted in accordance with regulations and so that the rights of parties to who the data is reffered to are protected.
The processor can entrust the processing to another processor only if authorized to do so by the Law Office, that is if the Law Office agrees with the choice, that is to replace another processor.
Processing by the processor is regulated by a contract or other legally binding act, which binds the processor to the Law Office Andjelkovic as the operator and which regulates the subject and duration of processing, nature and purpose of processing, type of personal data and type of data subject, data confidentiality obligation, etc.
Transfer to other countries or international organizations can only be conducted under conditions determined by law which regulates the transfer of personal data. Personal data can be transfered to above mentioned subjects under article 64 of a Law which regulates personal data transfer. In accordance with it the data is only transferred to countries which are members of a European council Convention for the Protection of Individuals with Regard to Automatic Processing of Personal Data, that is to countries that provide an appropriate level of protection.
Law Office Andjelkovic, which sends a confidential notice to a colleague from another country, clearly states that the notice has such character, and the recipient is obliged to return such notice without disclosing its content, if he/she estimates that for any reason he/she would not be able to preserve confidentiality.
PERIOD OF DATA SECURING
Law Office Andjelkovic secures and proccesses personal data in the period in which it is necessary to perform the specific purpose of personal data processing.
In relation to special categories of persons whose data are processed:
- All information which are acquired by the attorney from a Client or in other way which is related to providing legal aid ( the same applies to data, files, cases, documents, electronic, audio and video records and recordings, deposits which are announced, presented or handed over to the lawyer in connection with the representation, regardless of whether the documents and deposits are in the law office, or are temporarily placed elsewhere ) under the obligation of keeping the lawyer’s secret, the lawyer keeps indefinitely.
- Data of employees are kept for a period which is determined by the Employee Privacy Policy.
- Data on candidates for a job at the Law office Andjelkovic are kept for a period of one year (1 year ) from the date of job advertisement completion or untill the revocation of informed consent.
- Data which are collected for the purpose of concluding or fulfilling an agreement are kept for a period of 10 years ( general deadline for statute of limitations of claims in accordance with law governing obligations ) or for a longer period of time, if longer period is determined by law or in a specific notification on the processing of personal data
- Data collected through visitor records are kept for a period of 5 years (general statute of limitations for damages) from the day of collection
- Data on people hired by third parties who perform work in the premises of the Law Office Andjelkovic are kept for a period of 12 months from the day of termination of work in the premises of the Law Office Andjelkovic.
If you are a client of the Law Office Andjelkovic, we do not store your personal data for a period longer than the time necessary to fulfill the purpose for which they were collected, or no longer than the time for which we have your consent. Certain cases which by the law we are obliged to keep in your interest for a longer period of time make a special category of cases that are archived and kept adequetly in special rooms of the office with limited access to such data.
LEGAL ENTITIES IN REGARD TO PERSONAL DATA PROCESSING
As a person whose data Law Office processes you have the right to the following:
- Right to access the data: You have the right to be informed on the data we process as well as the right to request access and a copy of the same.
- Right to revoke your consent: It is the right of every data subject to revoke consent. Revocation of consent does not affect the admissibility of processing carried out before the revocation of consent. The revocation may be given in writing including the delivery by an email.
- Right to correct and amend: You have the right to request a correction and an update if the information is incomplete or inaccurate.
- Right to erasure: You have the right to request the erasure of data after the expiry of the stipulated period
- Right to restrict the processing: You have the right to request a restriction on processing if you believe that the data is inaccurate, that the processing is illegal (and you object to the deletion of data), that the data is no longer needed to achieve the purpose, as well as in cases where you have filed a complaint while the assesment is ongoing if the legal basis of data processing is predominant over your interests.
- Right to portability: You have the right to receive personal data which you previously provided to us as well as to request that we transfer the personal data to another operator in accordance with the Law
- Right to objection: If the processing is based on legitimate interests or is necessary for the purpose of performing activities in the public interest or enforcing legal regulations of the Law Office Andjelkovic, you have the right to an objection after which we will suspend further processing of such data, unless there is a legal basis for processing. over your interests, rights or freedoms, or in the event that processing is necessary for filing or realization of a legal claim or defense against it.
- Right to file a complaint: If you believe that your rights to personal data protection have been violated, you can file a complaint to the Commissioner for Information of Public Importance and Personal Data Protection. https://www.poverenik.rs
To exercise these rights, please contact us by e-mail: zastitapodataka@andjelkoviclegal.rs
MANNER OF EXERCISING RIGHTS
Law Office Andjelkovic is obliged to provide the data subject with information on the procedure based on the request for excercising the stated rights without delay and no later than 30 days from the day of receiving the request, whereby the deadline can be extended by additional 60 days ( if it is necessary, taking into account the complexity and number of requests ). Law Office Andjelkovic is obliged to inform the data subject on the deadline extention and the reasons for extention within 30 days from the day of receiving the request.
If the Law Office does not act upon the request of the data subject, the Law Office is obliged to notify the data subject on the reasons of not acting upon the request without delay and no longer than 30 days from the day of receiving the request, as well as to inform the subject on the right to file a complaint to the Comissioner or a lawsuit to the court of law.
Law Office Andjelkovic provides information on collecting and processing the data, that is the data regarding the exercise of rights without compensation. If the request from the data subject is clearly without legal basis or exaggerated, especially if the request is being frequently repeated, the Law Office may charge the necessary administrative costs for providing information, that is acting upon the request ( for example in case of a request for delivering a copy of data ) or refuse to act upon the request.
In case of violation of rights guaranteed by the applicable regulations of the Republic of Serbia, as well as by this Privacy Policy, the subject will have the right to address the Commissioner for Information of Public Importance and Personal Data Protection.
The detailed Procedure for exercising the rights of persons whose data are processed with the form for exercising rights is an integral part of this Policy.
NOTIFICATION OF BREACH OF PERSONAL DATA
Law Office Andjelkovic is obliged to notify the Comissioner for Information of Public Importance and Personal Data Protection on the breach of personal data that can pose a risk to rights and freedoms of people, without unnecessary delay or , if possible, within 72 hours from the time of finding out about the violation.
If the Law Office does not act in 72 hours from learning about the violation, the office needs to state the reasons for not acting within that period.
In the case of entrusting the processing, the processor is obliged to inform the Law Office Andjelkovic about that violation, after learning about the violation of personal data, without unnecessary delay.
If the breach of personal data can pose a high risk to rights and freedoms of people, the Law Office is obliged without any unnecessary delay to inform the person on whom the data is related to about the breach and in a clear and understanding way describe the nature of the data breach.
The Law Office is not obliged to inform a person on the personal data breach if:
• The necessary technical, organisational and personnel protection measures taken in relation to the data on person whose security has been violated especially if crypto-protection or other measures have prevented the comprehensibility of the data to all persons who are not authorized to access this data;
• subsequent measures have been taken to ensure that the breach of personal data which poses a high risk to the rights and freedoms of the data subject can no longer produce consequences for that person;
• notifying the data subject would result in a disproportionate expenditure of time and resources, in which case it is necessary to ensure that the data subject is notified through public notification or other effective means.
SAFETY OF PERSONAL DATA
The Law Office Andjelkovic in accordance with the applicable regulations ( Law on Personal Data Protection, Code of Professional Ethics for Lawyers ) and established standards has adopted techical, organisational and personnel measures to ensure the integrity and confidentiality of your personal data. The stated security measures include prevention of misuse, loss, damage, unauthorized alteration, access or processing, and other risks to which they may be exposed by human action, physical or natural environment.
We are continuously making efforts to comply with all regulations governing the security of personal data and to ensure the highest level of protection for your data.
PERIOD OF PRIVACY POLICY VALIDITY
This Privacy Policy is subjected to change. All changes for this Privacy Policy will be announced on the Law Office Andjelkovic bulletin board as well as on the official website of the office.
Please note that changes to this Privacy Policy will not affect the level of protection of your data.
Attorney Svetlana Andjelkovic Milosevic
