Policy of Birch Legal LLC with respect to the processing of personal data and information on implemented requirements for the protection of personal data

In the course of your use of the www.birchlegal.ru website (Site), the provision of legal services to you and other interactions, Birch Legal LLC (Birch Legal) may receive information containing personal data as defined by the legislation of the Russian Federation.
This Policy on the processing of personal data and information about the implemented requirements for the protection of personal data define the procedure for the processing of personal data of citizens of the Russian Federation or foreign citizens by Birch Legal and apply to the relations related to such processing.
The purpose of the Policy is to ensure the protection of human and civil rights and freedoms when processing personal data, including the protection of rights to privacy, personal and family secrets, clear and strict compliance with the requirements of the legislation of the Russian Federation in the field of personal data. The Policy is developed in accordance with the provisions of the Federal Law of 27.07.2006 No. 152-FZ “On personal data”, as well as other regulations governing the processing of personal data and requirements to ensure their security.
The Policy applies to all structural subdivisions of the Company.
Please read this Policy to know what personal data Birch Legal collects and for what purpose, how it is processed, and what rights you have in connection with the processing of your personal data by Birch Legal.

Definitions
The following definitions are used in this Policy in accordance with the laws of the Russian Federation:
  • Automated processing of personal data – processing of personal data by means of computer technology
  • Blocking of personal data – temporary termination of personal data processing (except when processing is necessary to clarify personal data)
  • Access to personal data – the ability of a person to obtain personal data and use it
  • Information system of personal data – a set of information technologies and technical means contained in databases of personal data which provide for its processing
  • Depersonalization of personal data - actions that make it impossible, without the use of additional information, to determine what personal data belongs to a particular subject of personal data
  • Processing of personal data – any action (operation) or a set of actions (operations) performed with or without the use of automation with personal data, including collection, recording, systematization, accumulation, storage, clarification (update, change), extraction, use, transfer (distribution, provision, access), depersonalization, blocking, removal, and destruction of personal data
  • Operator – a state body, municipal body, legal or physical person, independently or together with other persons organizing and (or) carrying out the processing of personal data, and also defining the purposes of processing of personal data, structure of the personal data subject to processing, and actions (operations) made with the personal data. For the purposes of this Policy of Birch Legal LLC (main state registration number (OGRN) 1067760436050, taxpayer identification number (INN) 7703618107) is the operator of personal data, that is, processes personal data and determines the purposes of processing personal data, the composition of personal data to be processed, and the actions performed with personal data
  • Dissemination of personal data – actions aimed at the disclosure of personal data to an indefinite number of persons
  • Personal data – any information relating to a directly or indirectly identified or identifiable individual (personal data subject)
  • Provision of personal data – actions aimed at the disclosure of personal data to a certain person or a certain group of persons
  • Subject of personal data – an individual to whom personal data pertains
  • Cross-border transfer of personal data – transfer of personal data through a foreign country to a foreign authority, a foreign individual or a foreign legal entity
  • Destruction of personal data – actions that make it impossible to restore the content of personal data, including the destruction of material media containing personal data

Categories of personal data processed by Birch Legal

Birch Legal collects on the Internet, including through the Site, and processes personal data of the following categories of subjects of personal data:
  1. Representatives (individuals) of current or prospective customers or other counterparties of Birch Legal, as well as individuals authorized to receive marketing information of Birch Legal (Customers and recipients of marketing information)
  2. Applicants for vacant positions and candidates for Birch Legal trainee positions who have submitted their resumes, application forms or offers of cooperation to Birch Legal that contain personal data
  3. Representatives of the mass media and various media platforms, including the media platforms on the Internet , interacting with Birch Legal
  4. Website users who do not belong to the above categories (Other users)
The scope and categories of personal data processed by Birch Legal differ depending on which category of subjects of personal data the subject belongs to, and for what purpose the personal data is collected.
Birch Legal processes the following categories of personal data:

List of processed personal data
Contact information
  • Surname, first name, patronymic
  • Address of residence
  • Email
  • Telephone number
  • Information about the organization of the subject of personal data (e.g., place of work, position and contact information of the employer)
Categories of subjects
  • Clients and recipients of marketing information
  • Applicants for vacant positions and candidates for trainee positions
  • Representatives of the mass media
Identifiers and other legal information
  • Date of birth
  • Identifiers (e.g., passport, main state registration number (OGRN), taxpayer identification number (INN), insurance number of an individual personal account (SNILS))
  • Customers and recipients of marketing information
  • Applicants for vacant positions and candidates for trainee positions
Information about the candidacy of applicants
  • Information about education, work experience, and qualifications
  • Any other personal data given in resumes or cover letters
  • Applicants for vacant positions and candidates for trainee positions
Advertising preferences
  • The field of law of interest
  • Economic or business sector of interest
  • Preferences in the way of marketing information
  • Customers and recipients of marketing information
Information collected during the use of the Site, including devices used
  • Information that is automatically generated when you use the Site and other Internet platforms, including cookies
  • IP-address
  • Customers and recipients of marketing information
  • Representatives of the mass media
  • Applicants for vacant positions and candidates for trainee positions
  • Other users
Birch Legal does not specifically process special categories of personal data, including biometric personal data and personal data concerning race, national origin, political opinions, religious or philosophical beliefs, health, or intimate life. If a data subject has provided Birch Legal with the above-mentioned special categories of personal data, Birch Legal will take all possible steps to immediately cease processing such data and delete it. Birch Legal is not responsible for the processing of special categories of personal data which have been provided by the subject of personal data on their own initiative and without a proper legal basis.

Purposes and legal basis of Birch Legal's processing of personal data

Birch Legal processes personal data only in cases where one or more of the following legal grounds for such processing exist:
  1. The subject of personal data has given his consent to the processing of his personal data
  2. The processing of personal data is necessary for the conclusion and execution of an agreement under which the subject of personal data will be a party or a beneficiary or guarantor
  3. The personal data to be processed is subject to publication or compulsory disclosure in accordance with Russian law (e.g., publicly available information about the sole executive bodies of organizations, their representatives)
  4. The processing of personal data is necessary to perform the duties imposed on Birch Legal by the legislation of the Russian Federation
  5. Personal data is processed in connection with participation of the subject of personal data in legal proceedings in courts of the Russian Federation
  6. Personal data is processed for the legitimate interests of Birch Legal, provided that the rights and legitimate interests of the data subject are not infringed (e.g., when conducting checks on a counterparty)
  7. Personal data is processed for statistical or other research purposes, subject to the obligatory depersonalization of personal data
In the case of promotion of works and services in the market by direct contact with a potential consumer by means of communication, Birch Legal processes personal data only if the prior consent of the subject of personal data has been obtained. Birch Legal shall cease processing such personal data immediately upon the request of the data subject.
In all cases, Birch Legal only processes personal data whose processing is necessary to achieve one or more of the following purposes:
  1. Concluding and executing civil contracts, including for the provision of legal services under such contracts, responding to requests from current or potential clients and counterparties, creating reports on services rendered and executing contracts for the provision of legal and other related services
  2. Providing access to the Site, providing information about Birch Legal’s activities, changes in the law and data related to Birch Legal’s services
  3. Making a decision on the possibility of filling vacant positions and inclusion in the candidate's personnel reserve as well as making a decision on organizing and conducting an internship
  4. Receiving and forwarding coverage of Birch Legal’s affairs in the media, including on Internet websites
  5. Advertising Birch Legal’s activities, evaluating the effectiveness of marketing interactions
  6. Improving the functioning of the Site
  7. Development and training of Birch Legal employees, improving the quality of services provided by Birch Legal
  8. Participation in the evaluation of law firms’ activity and participation in various ratings
  9. Ensuring the admission of subjects of personal data to Birch Legal’s offices and meetings
  10. Performance of duties imposed on Birch Legal in accordance with the legislation of the Russian Federation
Birch Legal under no circumstances makes decisions based solely on the automated processing of personal data which generate legal consequences with respect to the subject of personal data or otherwise affect their rights and legitimate interests, unless their consent to make such decisions was given in writing, or other grounds for making such decisions are established by the legislation of the Russian Federation.

Personal data processing procedure

Birch Legal strictly respects the confidentiality of personal data and undertakes not to disclose it to third parties and not to distribute it without consent of subjects of personal data or another legal basis stipulated by the legislation of the Russian Federation.
Birch Legal ensures the protection and security of personal data by applying the necessary legal, organizational and technical measures. These measures include, but are not limited to:
Legal measures:
  • development of local policies and documents establishing requirements and procedures for personal data processing
  • rejection of any methods of processing personal data that do not meet the requirements of the law
Organizational measures:
  • appointment of the person responsible for the organization of personal data processing and the person responsible for ensuring the security of personal data in personal data information systems
  • limitation of the number of Birch Legal employees who have access to personal data, and the organization of a permissions-based system of access to it
  • familiarization of the employees of Birch Legal who are directly engaged in the processing of personal data with the provisions of legislation on personal data and the local policies of Birch Legal on the processing of personal data
  • regulation of personal data processing in Birch Legal
  • organization of accounting for tangible media containing personal data and their storage, ensuring the prevention of theft, replacement, unauthorized copying and destruction of personal data
  • restriction access of unauthorized persons to Birch Legal’s premises and prevention their presence on the premises where personal data is handled and technical means for its processing are placed outside the control of Birch Legal’s employees
Technical measures:
  • using information protection means for the neutralization of current threats which passed the procedure of conformity assessment
  • evaluation of the effectiveness of measures taken to ensure the security of personal data
  • implementation of a permissions-based system of access to personal data processed in information systems for Birch Legal’s employees, and to software and hardware and software information security tools
  • detection of malware (through the use of anti-virus software) on all nodes of the Company's information network that provide the appropriate technical capability
  • monitoring of intrusions into the information system of Birch Legal, which violate or create prerequisites for violation of the established requirements for the security of personal data
  • periodic monitoring of the actions of employees involved in the processing of personal data, investigations into violations of personal data security requirements
Birch Legal may assign the processing of personal data to third parties, provided that the consent of the data subject is obtained. The person processing personal data on behalf of Birch Legal shall comply with all principles and rules of personal data processing established by the legislation of the Russian Federation, as well as the procedure established by this Policy, and ensure the level of protection of personal data at a level not lower than that established by this Policy.
If Birch Legal instructs a third party to process personal data, Birch Legal shall be liable to the data subject for the actions of such third party. The person who processes personal data on behalf of Birch Legal shall be liable to Birch Legal.

Terms of personal data processing

Birch Legal processes personal data for the period necessary to achieve the purposes of personal data processing set forth in this Policy or for the period established by the laws of the Russian Federation.

Place of storage of personal data

When collecting personal data on citizens of the Russian Federation, Birch Legal ensures recording, systematization, storage, clarification (updating, modification), extraction of personal data on citizens of Russia using databases located in Russia.
Cross-border transfer of personal data may be carried out only if there is an appropriate legal basis established by the legislation of the Russian Federation.

Rights of subjects of personal data and obligations of Birch Legal

In their dealings with Birch Legal, subjects of personal data have the right to:
  1. Receive information from Birch Legal regarding the processing of his/her personal data, in particular:
  • Confirmation of personal data processing
  • Information about the legal basis and purpose of personal data processing
  • Information on how the personal data is processed
  • Information about the amount and list of processed personal data as well as the source from where it was obtained
  • Information about the terms of processing of personal data
  • Information about cross-border transfer of personal data
  • Information about the person who processes personal data on behalf of Birch Legal
  1. Require Birch Legal to clarify personal data, block or destroy it if the personal data is incomplete, outdated, inaccurate, illegally obtained or not necessary for the stated purpose of processing, as well as to take statutory measures to protect their rights
  2. Withdraw the consent to the processing of personal data provided to Birch Legal at any time. However, in cases expressly provided by law, Birch Legal may continue to process personal data even after withdrawal of the relevant consent by the subject of personal data
  3. Take measures provided for by the legislation of the Russian Federation to protect their rights
Acting as a personal data operator, Birch Legal, in order to exercise the rights of the subjects of personal data, is obliged, among other things, to:
  1. Provide, at the request of the subject of personal data, information on the processing of personal data to the extent provided by the legislation of the Russian Federation
  2. Comply with other obligations established by the legislation of the Russian Federation in the field of personal data protection
  3. Take measures to fulfill the obligations under the legislation of the Russian Federation in the field of personal data protection, including ensuring the security of personal data during its processing
Contacts for subjects of personal data

All suggestions regarding this Policy, requests and appeals made in order to exercise your rights and legitimate interests or to address your complaints can be sent to data@birchlegal.ru or to the following address: 62 Nevsky Prospect, lit. A, 191011, St. Petersburg.
Requests related to the provision of information about the processing of personal data are considered by Birch Legal within a reasonable period of time. If the appeal or request is justified, Birch Legal will grant your request or provide the information free of any charge.
Contact us
Moscow
7 Gasheka street
123056

+7 495 662 6434
info@birchlegal.ru
St Petersburg
62 Nevsky avenue
191011

+7 812 363 3377
info@birchlegal.ru
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