B&C

B&C Legal Finance – Privacy Policy

The information regarding the processing of Personal Data is provided below, in compliance with the requirements set out under art. 13 of the General Data Protection Regulation 2016/679 (hereafter, the “GDPR”).

 

DATA CONTROLLER’S IDENTITY AND CONTACT DETAILS

The Data Controller is B&C Legal Finance (VAT CODE 13868520969), with registered office at Largo Donegani, No. 2 – 20121 Milan, tel. 02 6595459; e-mail: amministrazione@bc-legal.it. Our internal privacy contact person is Ms Chiara Gnudi.

 

DATA SUBJECTS AND CATEGORIES OF PERSONAL DATA

The following information refers to our processing of the Personal Data (therefore, referred to identified or identifiable natural persons) of:

  • Clients or prospect clients (if natural persons) or of the persons who act on behalf of clients (if the client is a company or an entity), hereafter, for the sake of simplicity, referred to as the “Clients”
  • Client’s Shareholders or directors
  • Client’s relatives
  • Individuals other than the ones listed above, whose situation or relation with the Client is relevant for the sake of our legal assistance (or who act on behalf of those individuals)
  • The individuals mentioned as “Beneficial Owner” under the anti-money-laundering laws

The Personal Data processed by B&C Legal Finance shall consist, as the case may be, of:

  • Personal details, addresses and email addresses
  • Company’s position and professional info
  • Content of communications
  • Content of ID, photo
  • Audio-video contents
  • Opinion, memo and other written docs
  • In exceptional cases: special categories of personal data as defined by Art. 9 of the GDPR, namely: data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation
  • For the sake of carrying out the Client due diligence: quality of / relation with the politically exposed person; further information on the Client (if necessary)
  • In exceptional cases, judicial data as defined by Art. 10 of the GDPR
  • In exceptional cases: personal data related to minors

 

PURPOSE AND LEGAL BASIS FOR DATA PROCESSING

The Personal Data which you will communicate to us, or however, of which we will become aware during the contractual relationship will be processed exclusively for the purpose of performing the task received (as the case may be, in order to analyse the issues within the scope of the legal assistance, to prepare opinions and communications to the Client or to third parties, or briefs and legal documents, or also to examine and submit evidence in court) and for the related administrative purposes (managing the client database and the paper-based and electronic files relating to the individual cases), as well as to comply with the anti-money laundering legislation, where necessary.

Therefore, the processing of such data is necessary to perform the contract and/or the related preparatory measures. As far as the anti-money laundering legislation is concerned, process is required by law or is aimed at pursuing a public interest.

The mandate conferred on B&C Legal Finance’s professionals includes the informal requests for consultancy services and is not necessarily formalised in a written document.

If you have given your consent, only the e-mail addresses will be used to send the periodic newsletters regarding legal issues of importance for the majority of our Clients, or regarding initiatives which we have organized. The consent you may have given to receive such newsletters can be revoked at any time, by simply sending a request to the e-mail address indicated above.

 

SPECIAL CATEGORIES OF DATA AND JUDICIAL DATA

In most cases, the Personal Data we process do not pertain to the special categories indicated in art. 9 of the GDPR, nor do they refer to criminal convictions and crimes, pursuant to art. 10 of the GDPR.

In the exceptional cases that we will ask or you will disclose the above mentioned categories of data to B&C Legal Finance will obtain your consent to such data being processed, as long as this is not justified by one of the other circumstances set out in art. 9, paragraph 2 of the GDPR (for example, in the case where it is necessary to process this data in order to enforce or defend one of your rights in a court of law).

The consent shall be revoked at any time. However, the waiver of the mandate, as their lack may prevent its correct execution.

In the case of politically exposed person, the processing of the information thereof is required by law.

 

MANDATORY OR NON-MANDATORY REQUIREMENT TO PROVIDE PERSONAL DATA

Some Personal Data, in particular, the personal details (if referred to a Client who is a natural person) and banking details, are necessary to establish the mandate, and without such data we will be unable to open the file (unless such details are already in our possession) or provide the essential services related thereto.

As far as the personal data referred to the identification of the Beneficial Owner or to the Client due diligent are concerned, they must be disclosed mandatorily as, in their absence, B&C Legal Finance shall not provide the legal assistance required.

The further Personal Data required during our services shall be voluntarily given, but as they refer to the subject of our legal assistance they are fundamental in order to carry out the required services.

 

DATA RETENTION

The Personal Data will be stored for a period of 10 years from the date the case is closed in the context of which the Personal Data were collected or conferred and that normally occurs in the six-month period after the collection of the last proforma note or invoice (if issued prior to payment) referred to that given case.

However, the Client database is subject to periodic review, on an independent basis, normally once a year, and is designed to remove the references of the data subjects registered previously and who have terminated their employment or collaboration relationship with the Client.

 

PERSONS OR ENTITIES THAT MAY HAVE ACCESS TO PERSONAL DATA ON BEHALF OF B&C LEGAL FINANCE OR TO WHOM THE DATA ARE COMMUNICATED

The Personal Data we collect will be processed exclusively by our persons in charge of data processing, and where necessary, may be made accessible to external consultants, or to domiciliation agents (where the elected domicile is requested in order to manage the mandate more efficiently, especially if judicial) who are appointed by us directly. Furthermore, the Personal Data will be accessible by the companies appointed to provide us with software and hardware support, as well as the IT platform to manage the files.

Each external person or entity who or which has access to Personal Data has been or will be appointed as Data Processor, pursuant to art. 28 of the GDPR, subject to strict constraints regarding confidentiality and secrecy, in compliance with the provisions of the above-mentioned legislation.

If an external professional (also a non-legal professional) co-operates with one of B&C Legal Finance’s professionals to perform the mandate, based on a direct trust relationship with the Client, the external professional will act as an independent data controller, subject independently from B&C Legal Finance to the obligations set out in the GDPR and, in general, the obligations set out in the privacy legislation.

In these cases, the exchange of information and communications which concern the Clients made between B&C Legal Finance and such professionals will be considered as a communication of data from a data controller to another data controller, and functional to performing the mandate received.

The Personal Data shall also be communicated to the courts and tribunals in the framework of a lawsuit, or to the Tax Agency or other agencies and public entities and bodies on a need-to-know basis.

Again, the Personal Data shall also be communicated to deputed bodies in case of suspicious transaction. In such a case, the communication is required by law and is justified by the public interest to money laundering prevention.

 

TRANSFER ABROAD

Under no circumstance will your Personal Data be transferred outside the European Economic Area, unless the country of destination (where, for example, the professional who we may need to contact to perform the mandate in the best way possible is based) is the subject of an adequacy decision by the European Commission, pursuant to art. 45 of the GDPR.

 

DATA SUBJECT’S RIGHTS

We take this opportunity to remind you that, in relation to your Personal Data, you will be entitled to exercise the rights acknowledged by the GDPR, namely: (i) the right of access the personal data and information, for example: the purpose of data processing and the types of data held by us (art. 15 of the GDPR); (ii) the right to obtain the rectification of incorrect personal data which concern you, or to integrate incomplete personal data (art. 16 of the GDPR); (iii) the right to erasure (“right to be forgotten”) of the personal data which concern you, if one of the grounds envisaged under art. 17 of the GDPR applies; (iv) the right to restriction of processing, i.e. to obtain that the personal data which may be subject to dispute are flagged and not deleted, for the period necessary to exercise a given right regarding such data (art. 18 of the GDPR); (v) the right to data portability (art. 20 of the GDPR).

Lastly, we inform you that the GDPR confers on all data subjects the right to submit a complaint to the Supervisory Authority, if the Authority’s provisions have been violated.

You may use the following e-mail address: privacy@bc-legal.it  for any request or observation.

 

Yours sincerely.

B&C LEGAL FINANCE