Privacy Policy (2020:2)

Published April 30, 2020

Madvisor Law AB may process personal data relating to you in the course of our business. Unless otherwise is required by law, you are not required to furnish any personal data to us, but if you do not do so, we may not be able to undertake an assignment for you.

During our business we may process the following types of personal data:

  1. Personal data relating to assignments;
  2. Personal data relating to contact person of clients, suppliers and other collaboration partners; and
  3. Personal data relating to website visitors.

A. Personal data relating to assignements

What personal data may be processed?

We may process the following personal data when you or someone else engage Madvisor Law AB for an assignment:

Client (if a natural person): name, date of birth and personal identification number, contact information (such as e-mail, telephone number and address), a copy of passport/other identification, information regarding the assignment and its objective, information about the origin of the assets that will be used in the course of the assignment, information on whether the client, any known associate of the client or their affiliate is a politically exposed person, and if such is the case, the name and position of such politically exposed person as well as our invoicing to and the payment history of the client (including possible payment reminders).

Client (if a legal entity): personal data of contact person(s) and, if any, of the beneficial owner(s) of the client (i.e. name, employer, title, date of birth and personal identification number, e-mail, telephone number, address and other contact information, as well as a copy of passport/other identification), data from the clients certificate of incorporation or similar document, and information whether the beneficial owner, any known associate of such person or their affiliate is a political exposed person, and if such is the case, the name and position of such politically exposed person.

Counterparty (if a natural person): name, date of birth and personal identification number, contact information (such as e-mail, telephone number and address), as well as information regarding the assignment.

Counterparty (if a legal entity): personal data of the contact person(s) of the counterparty (i.e. name, employer, title, e-mail, telephone number, address and other contact information), as well as information regarding the assignment.

Other persons related to the assignment (e.g., legal representative of the counterparty, involved consultants, and witnesses): name, employer, title and contact information (such as e-mail, telephone number and address).

Other single pieces of personal data: other personal data than the above described which in the nature of the assignment is required to perform the assignment (e.g. relating to whether a client has been involved in multiple bankruptcies or otherwise can be assumed to be unserious, data relating to an assignment that is suspected to be part of any criminal offence such as money laundering), including sensitive data (e.g. health data, ethnic origin or religious beliefs in cases of alleged discrimination).

How is personal data collected?

Personal data may be collected by us or provided to us by, or on behalf of, you, our client, the counterparty or its counsel, or other persons related to the assignment. Personal data may also be collected by us from private or public records and other sources.

What is the legal ground for processing of personal data, and for which purposes may it be processed?

  • As is necessary for compliance with our obligations under applicable legislation (e.g. the Swedish Anti Money Laundering legislation) and on basis of our legitimate interest, we may process data for the purposes of making conflict of interest checks, evaluate whether we can undertake (or keep undertaking) an assignment.
  • On basis of our and our client’s legitimate interests we may process data for the purpose of invoicing, accounting and to otherwise protect both the client’s and our own rights relating to an assignment.
  • On basis of our and our client’s legitimate interest we may process data for such communication and administration as may be required in order to be able to conduct the assignment and act as the client’s legal representative.
  • On the basis of our legitimate interest to continuously develop our business we may process personal data for internal analysing and statistics.

Notwithstanding the above, sensitive personal data will not be processed unless this is necessary to fulfil our obligations under applicable legislation or is necessary in order to perform the assignment and act as a legal representative of the client.

With whom may the personal data be shared?

The personal data will be kept confidential and will not be disclosed to any third parties, except in the following cases:

  • To the counterparty and its counsel, the court or arbitration tribunal, a government authority/agency, and in the case the client retains a legal expenses insurance to the client’s insurer, a bank, and consultants or other similar persons in connection with the assignment, but only to the extent necessary to protect the client’s interests and does not conflict with the client’s instructions.
  • To the client’s accountant or auditor or to other persons in accordance with the client’s instructions.
  • To the Swedish Financial police to the extent we are required to do so under the Swedish Anti Money Laundering legislation.
  • To our bank in the event we hold funds of a client and the bank requests information on the client and its beneficial owner(s) and our documentation regarding such in accordance with the Swedish Anti Money Laundering legislation, provided that the client consented to such disclosure in the terms and conditions for use of our client accounts.
  • To a governmental authority/agency or someone else to the extent we are required to do so under applicable law.
  • To our accountants, professional liability insurer, counsel engaged by us or our insurer, a debt collector, the Swedish Enforcement Authority, a court/arbitral tribunal, or to our counterparty or its counsel to the extent necessary to protect our legal interests.

No personal data will be transferred outside the EEA, unless such individual transfer is necessary in the performance of the assignment (e.g. on the basis that it is necessary for the establishment, exercise or defence of our or our client’s legal claims). Before any such transfer is made, we will ensure adequate safeguards in accordance with The General Data Protection Regulation 2016/679. If you wish to receive further information on such transfer, please submit a written request to contact details set out in section G.

For how long is personal data stored?

Personal data is stored for as long as we are legally required to keep the file of the assignment (e.g. in accordance with the Swedish Bookkeeping Act) or for such longer time as is required due to the nature of the assignment. Thereafter the data will be deleted. Notwithstanding the foregoing, we may continuously store certain personal data of the clients and the counterparties (i.e. name, date of birth and personal identification number, as well as certain information regarding the assignment) as may be required to make conflict of interest checks, in section B you can find further information regarding certain data relating to contact persons.


B. Personal data relating to contact persons of (potential) clients, suppliers and collaboration partners

What personal data may be processed?

In addition to personal data processed in the context for an assignment (see further in section A) we may process the following personal data if you are our (potential) client (or a contact person of a client) or if you are a (potential) supplier or collaboration partner to us: name, employer, title, contact details (such as e-mail, telephone number and address), information about your contact persons with us, and summaries from meetings or discussions with you (except if such meeting or discussion was in the context of an assignment for which section A applies).

How is personal data collected?

Personal data may be collected by us or provided to us in connection with an assignment (see section A), or is provided by, or on behalf of, you, our (potential) client, other person related to the assignment, or our (potential) supplier and collaboration partner. Personal data may also be collected by us from private or public records and other sources.

What is the legal ground for processing of personal data, and for which purposes may it be processed?

  • On basis of our legitimate interest we may process data to establish, manage, maintain and develop our relationship with the (potential) client/supplier/collaboration partner.
  • On basis of our legitimate interest we may process data to our services and to use you as a reference person for other (potential) clients, suppliers and collaboration partners, provided that you consented to such processing the terms and conditions for the assignment or other agreement.

With whom may the personal data be shared?

The personal data will be kept confidential and will not be disclosed to any third parties, except in the following cases:

  • Personal data may be disclosed in accordance with section A.
  • Personal data may be disclosed to a (potential) client, supplier or collaboration partner requesting a reference about us.

No personal data will be transferred outside the EEA, unless it is necessary in the individual case for the purpose of the processing, (e.g. the party requesting reference is only established outside of EEA). Before any such transfer is made, we will ensure adequate safeguards in accordance with The General Data Protection Regulation 2016/679. If you wish to receive further information on such transfer, please submit a written request to contact details set out in section G.

For how long is personal data stored?

To the extent such personal data forms a part of an assignment it will be stored in accordance with section A above. Additionally, personal data may be stored for the duration of the relationship with the client/supplier/collaboration partner or until such time that we have been informed that a contact person is no longer the contact person for the (potential) client/supplier/collaboration partner. Thereafter the data will be deleted. Notwithstanding the foregoing, we may continuously store certain personal data for as long as we are legally required to do so by applicable law (e.g. in accordance with the Swedish Bookkeeping Act).


C. Personal data that relates to visitors of our website

What personal data may be processed?

When you visit our website, we may process the following personal data: your IP address (which is made anonymous), e-mail, the visited webpages, time and duration of visit, cookies generated by your use of our website, and data generated by used cookies. You can read more about our cookies in our separate Cookie Policy.

How is personal data collected?

Personal data is collected or generated by cookies through your use of our website. A cookie is a text file that is stored on the computer of the visitor of a website.

What is the legal ground for processing of personal data, and for which purposes may it be processed?

We use cookies to collect statistics about the visitors of our website that may analyse to improve the user experience of our website.

When you visit our website, you are given the option to approve or reject the use of such analytical cookies via the a pop-up window, if you accept you approve the use of analytical cookies in accordance with our Cookie Policy.

You can also adjust in your browser so that cookies are not stored or so that approval is requested before a cookie is stored.

With whom may the personal data be shared?

The personal data will be kept confidential and will not be disclosed to any third parties, except in such personal data that is collected or generated by cookies from Google Analytics that will be transmitted to Google and stored on servers in the United States. Google may disclose such information to third parties if it is required by law or where such third parties process the information on Google’s behalf. You can read more about this in our separate Cookie Policy.

For how long is personal data stored?

How long personal data is stored depends on by which cookie that have collected or generated the information, it may vary from being stored only as long as you have your browser open, up to being stored for a maximum of 24 months. You can read more about how long information is stored for each cookie in our separate Cookie Policy.


D. Which rights do you have?

Upon your request, you have the right to receive, free of charge, information from us regarding our use of your personal data.

You have the right to have incorrect personal data relating to you corrected by us without undue delay. In some cases, you also have the right to complete incomplete personal data.

Under certain circumstances, you have the right to have your personal data deleted by us.

Under certain circumstances, you have the right to request that we restrict the processing of your personal data.

You have the right to object against our processing of your personal data on basis of our legitimate interests. In case of such objection, we must demonstrate compelling legitimate grounds for such processing that outweighs your interests, rights and freedoms in order to continue the processing.

You have the right to withdraw your consent to the processing of your personal data, or a part of such processing, at any time.

Under certain circumstances, you have the right to receive your personal data that you have provided to us in an electronic format widely used. You also have the right to transmit such information to another data controller.

You also have the right to submit a complaint to the relevant supervisory authority.

If you have opinions on our processing of your personal data, you can contact us via the contact details in section G.


E. Language versions

There is both a Swedish and an English language version of this policy. For data subjects domiciled in Sweden, the Swedish language version shall prevail. For all other data subjects, the English language version shall prevail.


F. Amendments

This policy may be subject to amendments. In the event the policy is amended, the updated version will be published on our website.


G. Data controller and contact details

Controller for the data which is processed as set out in section A, B and C is Madvisor Law AB (reg. no. 559254-0586). If you have any questions regarding how we process personal data, about this policy or if you wish to exercise any of your rights (see section D above) related to the processing of your personal data you can contact us via email info@madvisorlaw.com or at address Madvisor Law AB, Elbegatan 5 211 20 Malmö, Sweden.

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