Privacy Statement
Gervais Law Firm is an independent law firm based in the Grand-Duchy of Luxembourg, with offices at Op de Leemen, 2, L-5846 Fentange, Grand-Duchy of Luxembourg.
In the context of our activities, we collect, hold and process personal data in accordance with applicable data protection legislation and more specifically with the General Data Protection Regulation UE 2016/679 (“GDPR”) in force since May 25, 2018 and with the relevant Luxembourg legislation.
YOUR PERSONAL DATA
1. What personal data do we collect, hold and process?
Personal data means any information relating you and that can be used to identify you, directly or indirectly.
Gervais Law firm collects personal data relating to its clients, prospects, contacts and providers.
Gervais Law Firm collects data relating to its clients individuals as well as corporate bodies. In the case of a corporation, we collect personal data relating to individuals members of the management bodies of the corporation, shareholders and ultimate beneficial owners.
Gervais Law Firm collects notably the personal identification data (name, surname, gender, date and place of birth, ID and/or passport copy and number), address, telephone and fax number, email address, place of residence, taxpayer identification number, function or employment and all other information relating thereto.
In respect of corporations, we collect company documents such as article of association, excerpts and registers.
“Sensitive Data”
In certain cases, our clients may provide us with certain “Sensitive Data”, such as medical data, personal data relating to criminal conviction and offenses, or certain other sensitive data (racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, data relating to health or sexual orientation).
Sensitive Data may be processed for the purpose of establishing, exercising or defending legal claims in front of courts acting in their judicial capacity. Such data are held and processed for the sole purpose of the legal services provided to our clients and with the express consent of our clients.
2. How do we collect personal data?
Personal data is collected at the time of entering into business relationships with Gervais Law Firm and updated on a regular basis in accordance with applicable laws.
Personal data may be collected in writing by any means or orally.
We may collect information about you and your organisation, notably:
- directly from you, as an individual or as the representative, shareholder or beneficial owner of a corporate body;
- from other sources, such as databases, public registers or other administrations;
- from publicly available sources, social networks or websites;
- personal data may be collected indirectly via a third party.
In this context, you may provide us with personal data relating to another individual than yourself (e.g. the ultimate beneficial owner(s) of your organisation).
In this case, we kindly ask you to provide said individuals with this Privacy Statement and ensure that they have read and understood this Privacy Statement before providing us with their personal data.
PERSONAL DATA PROCESSING
3. Why and how do we process personal data?
Gervais Law Firm only collects information that is necessary to perform our services and comply with our obligations.
Gervais Law Firm collects information related to our clients and providers primarily in order to provide the legal services requested by its clients. Your personal data are processed notably to contact you, to open and manage your personal file(s), to clear conflicts, to provide services, for billing purposes.
Such information is also held and processed by Gervais Law Firm for internal use such as:
- administrative and accounting purposes,
- contractual purpose (performance of contracts with providers of our firm),
- compliance with national and European legal obligations (such as Anti-Money Laundering and Know Your Customer requirements),
- for other legitimate interests of our firm such as enforce or defend our rights.
Gervais Law Firm does not use profiling.
Gervais Law Firm does not process personal data by automated means.
Gervais Law Firm does not process personal data for marketing purposes.
Gervais Law Firm does not sell personal data. Gervais Law Firm makes no commercial use of personal data other than the strict framework described above.
4. How do we store and protect personal data ?
Gervais Law Firm is subject to strict confidentiality and professional secrecy obligations in accordance with Luxembourg law and the rules of the Luxembourg Bar Association.
Gervais Law Firm does not disclose any personal data nor any information relating to its clients, unless compulsorily required by law or with your express prior consent.
Gervais Law Firm securely stores personal data in its offices, either in paper and/or electronic records. Personal data are accessible to our staff and lawyers who have a need to know only.
Gervais Law Firm implements appropriate technical and administrative security measures in order to protect personal data from being lost, used, altered, accessed or disclosed in any way not compliant with Luxembourg laws and this Privacy Statement.
Your personal data will be retained and stored the length of time necessary to provide our services, to comply with our obligations (including regulatory and reporting requirements) and in accordance with applicable laws and regulations.
5. Limited transfer of personal data.
Gervais Law Firm may communicate certain personal data to third parties:
- Where it is required to provide our services or where third parties assist us : such communication of data is subject to your prior approval or your prior instruction, especially where personal data are communicated in a country that does not provide the same level of personal data protection as provided for in Member States of the European Union under GDPR. In no event will Gervais Law Firm transfer personal data to any party, organization, corporation or individual located or residing outside the European Union or that does not provide a similar level of protection as afforded under EU regulation, without the prior express consent of the data subject.
- Where is it required for internal purpose of our firm, such as accountancy purposes : such communication of data is operated in strict compliance with the applicable laws and will only be operated within the territory of the Grand-Duchy of Luxembourg or in Member States of the European Union, in accordance with GDPR. Third party service providers selected by Gervais Law Firm shall always be subject to GDPR and shall comply with confidentiality undertaking similar to those applied in Gervais Law Firm.
- Where compulsorily required by law, in accordance and within the limits of Luxembourg law.
YOUR RIGHTS AS DATA SUBJECT
6. What are your data protection rights ?
Gervais Law Firm would like to make sure that you are informed of your data protection rights. Every data subject is entitled to the following:
- The right to access : you have the access without costs your personal data held by Gervais Law Firm;
- The right to rectification : you have the right to request that Gervais Law Firm correct or complete any information you believe is inaccurate or incomplete;
- The right to erasure : you have the right that Gervais Law Firm delete you personal data, under certain conditions determined in accordance with applicable law;
- The right to consent : when the processing of personal data is grounded on your consent, you have the right to withdraw such consent;
- The right to restrict processing : you have the right to request that Gervais Law Firm restrict the processing of your personal data, under certain conditions determined in accordance with applicable law;
- The right to object to processing : you have the right to object that Gervais Law Firms processes your personal data, under certain conditions determined in accordance with applicable law;
- The right to data portability : you have the right to request that Gervais Law Firm transfer the data we have collected to another organization, or directly to you, under certain conditions determined in accordance with applicable law;
- The right to complaint : you have the right to introduce a complaint to the relevant data protection authority.
7. Use of cookies.
While connecting to gervaislawfirm.lu, you may be requested to accept the use of cookies.
We may use cookies having for sole purpose to gather anonymous statistics on how our website is accessed, to understand how you use our website and to improve the information contained on gervaislawfirm.lu.
Gervais Law Firm will not use cookies to identify a visitor.
At any time:
- you may inform Gervais Law Firm that you refuse the use of cookies;
- you may set up your internet browser and tools generally available on it to block cookies.
8. Links to other websites.
Gervaislawfirm.lu may contain links to other websites. Our privacy policy applies only to our website, so if you click on a link to another website, you should read their privacy policy.
9. Questions and exercise of rights.
You may, at any time, raison any question as to this Privacy Statement or the data we hold on you. You may also request the exercise of any of your rights concerning your personal data, by contacting Gervais Law Firm by regular mail or by email (contact@gervaislawfirm.lu), providing with your request a copy of a valid identifying document (ID card or passport).
Our contact information is the following:
Gervais Law Firm
2, Op de Leemen
L-5846 Fentange
Grand-Duchy of Luxembourg
Phone: +352 26 36 11 28
Fax: +352 27 12 65 03
10. How to contact the Luxembourg data protection authority ?
In case you are of the opinion that any of the rights protecting your personal data has suffered been breached, you have the right to lodge a complaint with the Luxembourg data protection authority, the National Commission for Data Protection, with contact details as follows:
Commission nationale pour la protection des données
Service des réclamations
15, Boulevard du Jazz
L-4370 Belvaux
Phone: (+352) 26 10 60 -1
https://cnpd.public.lu/fr.html
https://cnpd.public.lu/fr/particuliers/faire-valoir/formulaire-plainte.html
(these links are accessible by copy-paste in your internet browser)
11. Amendment of this Privacy Statement.
Gervais Law Firm may at any time update and amend this Privacy Statement in a view to:
- reflect any amendment of the personal data processing implemented in our firm;
- implement any amendment of applicable laws and regulations.
Once amended, the Privacy Statement will be made available on our internet website gervaislawfirm.lu and, where appropriate, notified to you by email.