Pursuant to Article 13 of Italian Legislative Decree No. 196/2003 and Articles 13-14 of Regulation (EU) 2016/679, Trevisan & Cuonzo Avvocati (hereinafter referred to as “the Firm” or “Trevisan & Cuonzo”) wishes to inform you how we collect and use your personal data when carrying out the legal services on your behalf or in any other business dealings with you.
1. Data Controller
For the purposes of the GDPR Data Protection Legislation currently the appointed Data Controller is:
Trevisan & Cuonzo Avvocati
Fiscal Code/VAT number 10912290151
Main Office: 20121 - Milan, Palazzo Beccaria, Via Brera, 6, Italy
T: +39 02 8646 3313; F: +39 02 86463892
2. Definition of ‘Personal Data’
Personal Data also include:
- so-called “sensitive” data, i.e. data revealing a natural person’s racial or ethnic origin, religious, philosophical or other beliefs, political opinions, membership of political parties, trade unions, associations or organizations of a religious, philosophical, political or trade union nature, health, sex life and economic situation;
- so-called “judicial” data, i.e. any information revealing the existence of certain judicial measures which are subject to entry in the criminal record (for example, final criminal convictions; paroling; residency and/or movement restrictions; measures other than custodial detention) or if the person is charged with a crime or under investigation.
3. Nature of the Personal Data Processed and Collection Methods
Please be aware that the Personal Data that Trevisan & Cuonzo may collect include:
- Contact details, such as name, surname, job title and/or company position, company address, home address residence – if necessary telephone number, mobile number, fax number and e-mail address;
- Payment data, such as data necessary for processing payments and for fraud prevention, including credit/debit card numbers and other related billing information;
- Commercial information, where necessary for the implementation and/or development of a project or contractual relationship;
- Information collected from public sources, such as, for example, information provided by credit agencies; national, European or international databases of trademarks and patents offices; lawyers and/or external collaborators holding Personal Data in their capacity as Data Controllers;
- Information on disputes or any judicial and/or administrative proceedings that may concern you or third parties related to you, which may also be relevant for antitrust purposes;
- Special categories of Personal Data both for the purposes of carrying out the legal services entrusted to the Firm (for example, Trevisan & Cuonzo may collect information about your membership of a professional association or trade union, health, etc.), and in connection with your registration and participation to an event or seminar organised by the Firm in particular, on these occasions, Trevisan & Cuonzo may ask you to provide information about your health for the purpose of identifying and taking into consideration any disabilities or special dietary requirements you may have. Any use of this information is based on your consent however if you do not provide this information to us we will not be able to take all the necessary precautions;
- Other Personal Data regarding your preferences in relation to legal services that Trevisan & Cuonzo provides, and/or details of any meetings that may be held with you and your team of collaborators at the Firm’s and/or your offices.
Your Personal Data may be collected on various occasions, such as when you:
- request legal advice or assistance;
- navigate on/interact with our website;
- attend seminars/conferences or other events organised by Trevisan & Cuonzo;
- request legal training or make any other job application with us; or
- offer to provide your services to Trevisan & Cuonzo.
As a general practice, Trevisan & Cuonzo collects and processes the Personal Data voluntarily provided by you by e-mail or paper and/or by hand, etc., and you will thereby be giving your consent to the processing.
As indicated, on certain occasions (see for example letters d) and e) above), your Personal Data may be collected from public sources and/or third parties and stored or used by us.
4. Purpose of Personal Data Processing
Please be aware that Trevisan & Cuonzo may use your Personal Data for the following Purposes only (“Purposes”):
- carrying out the legal services on your behalf and therefore providing the legal advice or legal services you requested, both in and out of Court;
- managing and handling the business relationship between you and the Firm, including payment processing, billing and all other necessary support services;
- complying with the legal obligations that are binding for Trevisan & Cuonzo, which include, for example, record-keeping obligations, anti-money laundering obligations (in particular those set forth by Legislative Decree No. 231/2007 and subsequent amendments) and obligations for the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (such data collection is, therefore, mandatory pursuant to Article 21 of Legislative Decree No. 231/2007 “Customer’s obligations” and subsequent amendments), as well as obligations related to compliance with antitrust regulations;
- managing and ensuring your security when accessing our offices, information and communication systems, online platforms, websites and other systems, including for the purpose of preventing and detecting security threats, fraud or other criminal or harmful activities;
- analysing and improving Trevisan & Cuonzo’s services and communications with you;
- for insurance purposes;
- Identifying persons authorised to act on your behalf;
- for any purpose related and/or ancillary to any of the above, or for any other purpose for which you provided your Personal Data.
Where you have provided specific consent, your Personal Data may also be processed for the following additional purposes (“Additional Purposes”):
- communicating Trevisan & Cuonzo’s events such as seminars and other projects;
- marketing purposes. These may include mentioning – also anonymously, if requested – referring to cases handled by the Firm on your behalf in surveys or questionnaires necessary for Trevisan & Cuonzo to be considered for nominations or law firm awards relating to excellence of service or client satisfaction or similar in regard to legal services the Firm provides.
You should be aware that you are entitled to withdraw any consent given for the Additional Purposes at any time by sending a request to the following email address: firstname.lastname@example.org.
5. Legal basis for Processing and Consequences of the Refusal to have Personal Data processed
In principle, should you choose not to provide Trevisan & Cuonzo with your Personal Data and/or withhold consent, there will be no detrimental consequences. However, in certain circumstances, if you do not provide Personal Data and/or give consent to the processing of such Personal Data, Trevisan & Cuonzo may be unable to operate and perform the legal services on your behalf, since, for example, this Personal Data is necessary to process your instructions or orders. In such case, the Firm will contact you immediately to inform you of this.
With particular reference to the data processing for the purposes listed in Article 4 above, please note that the processing of your Personal Data is carried out:
- because processing is necessary for the performance of your instructions or for the execution of an agreement entered into with you;
- to comply with legal obligations;
- because processing is necessary for a legitimate interest of the Firm or of any third parties that receive your Personal Data, unless your fundamental interests, rights and freedoms prevail over such interests.
Furthermore, the use of your Personal Data may only be justified for certain additional Purposes when you have provided further express consent.
If you do not give your express consent for Additional Purposes, you will not receive any communication from Trevisan & Cuonzo for these Additional Purposes, nor will your Personal Data be used for these Additional Purposes. In any event failure to give consent here will not prevent Trevisan & Cuonzo from providing the legal services to you.
6. Types of Personal Data Processing
Processing is carried out through the following operations or set of operations: collection, recording, organisation, storage, consultation, treatment, alteration, selection, retrieval, comparison, use, interconnection, blocking, disclosure, cancellation and destruction of Personal Data.
The operations may or may not require the use of electronic or automated means.
Data processing is carried out by the Data Controller and/or by authorised persons expressly indicated to you in your Letter of Engagement.
7. Processing, Communication and Disclosure of Personal Data
Your Personal Data will be processed by the Data Controller and by the persons authorised to process Personal Data.
For the proper performance of the legal services entrusted to us and for administrative, billing and other commercial purposes, your Personal Data may be disclosed - where necessary and on a confidential basis - to external collaborators and service providers, parties operating in the judicial field, adversaries and their counsels, arbitration panels.
In particular, where necessary, we may communicate your Personal Data to:
- Other attorneys, legal experts (including mediators) or advisers;
- Foreign law firms with the purpose of obtaining legal advice on the basis of foreign law;
On a confidential basis, we may disclose your Personal Data to:
- Third parties in order to improve and promote the Firm’s services, as well as for system maintenance;
- Companies providing services in the field of anti-money laundering, credit recovery and for other crime prevention purposes;
- To administrative/judicial authorities, attorneys or other parties where it may be reasonably necessary for carrying out the legal services entrusted to us;
- Service providers, including those external to the Firm, on both a national and international level.
Trevisan & Cuonzo shall disclose your Personal Data in one or more of the following circumstances only: (i) upon your authorization; (ii) when required by law or applicable regulation, or ordered by a judicial/administrative authority; or (iii) to investigate the existence of any actual or suspected fraudulent or criminal activity.
For more information, please contact Trevisan & Cuonzo at the following email address: email@example.com.
8. Transfer of Personal Data abroad
Trevisan & Cuonzo is active on an international level. Therefore, your Personal Data may be transferred abroad, if required for the performance of the Purposes and/or Additional Purposes.
In particular, your Personal Data may be transferred to non-EU countries in respect of which the European Commission has decided, in accordance with Article 45 of Regulation (EU) 2016/679, that the laws in force therein ensure an adequate level of protection of Personal Data.
In the absence of such a decision by the European Commission, your Personal Data may be transferred to non-EU countries only after Trevisan & Cuonzo has implemented adequate safeguards on data protection, in accordance with Article 46 of Regulation (EU) 2016/679, for example by adopting standard contractual clauses established by the European Commission (available at the following link: https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/model-contracts-transfer-personal-data-third-countries_en).
All the Firm’s offices, wherever located (Milan, Rome, Parma, Bari), ensure and will always ensure an adequate level of protection of your Personal Data. In this regard, we will always ask our suppliers, agents, consultants, etc. to provide equal safeguards for the protection of your Personal Data.
9. Personal Data Storage
Trevisan & Cuonzo shall retain the Client’s Personal Data in accordance with the applicable law and for as long as is strictly necessary for the performance of the legal services entrusted to us. Upon termination of the engagement, the Firm shall retain such Personal Data for as long as is strictly necessary for the purposes of compliance with the applicable civil and accounting laws, and subject to the requirements for carrying out the Firm’s professional activity.
10. Security and Transfer of Personal Data
The processing, storage and treatment of your Personal Data are ensured through appropriate technical and organizational measures to keep your Personal Data confidential and secure in accordance with our internal procedures. Personal Data may be stored on our Personal Data management systems, on those of our suppliers or on paper files.
11. Your Rights
You may at any time exercise the rights you are entitled to under the applicable law. Such rights include:
- Receive confirmation that Trevisan & Cuonzo is processing your Personal Data and request to access them;
- Updating, changing and/or amending your Personal Data;
- Request the cancellation, anonymization, blocking of your Personal Data processed in breach of the law;
- Request the restriction of processing;
- Object to the processing for legitimate reasons;
- Receive Personal Data you provided in a structured, commonly used, machine-readable and interoperable format, and request that such Personal Data be transmitted to another data controller without hindrance;
- Withdraw the consent for the processing of your Personal Data given for specific purposes;
- Refer the matter to the Data Protection Authority.
In order to exercise one or more of the rights listed above, you may send a specific request to the Firm:
- by post to: Trevisan & Cuonzo, 20121 - Milan, Palazzo Beccaria, Via Brera, 6, Italy; or
- by email at: firstname.lastname@example.org.