Last Updated 24 May 2020
- General provisions
LEXITUP Ltd. (registered office: H-1036 Budapest, Perc utca 6.; registration number: 01-09-358194; contact information: hello@lexitup.law); hereinafter: “Company”, “LEXITUP”, “We” or “Us”) operates the www.lexitup.law website (hereafter: “LEXITUP Platform”, “Website”).
The Website is an online marketplace that enables Members and certain third parties who offer or require Legal Services to place a Listing or publish such Legal Services on the Website and to communicate and transact directly with Members that are seeking an appropriate Legal Service provider. For more details about the services and the terms and conditions, please see the General Terms of Service at the Website.
This Privacy Policy was made to inform Members of the details of processing their personal data.
LEXITUP, as the data controller, is responsible for the collection, use, processing, storage and maintenance of personal data in accordance with applicable data protection law and, in particular, with the General Data Protection Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter, "GDPR") and any and all applicable (supplementing) data protection laws and regulations, as amended from time to time.
By agreeing to this Privacy Policy, you acknowledge the notice provided by LEXITUP regarding the processing of your personal data and you consent to the processing of your personal data where consent is necessary.
- Definitions
“Applicable Terms” means the Privacy Policy, General Terms of Service, Client Terms of Service and Consultant Terms of Service (as applicable).
“Consultant” means a Member who has offered to provide Legal Services via the LEXITUP Platform and includes any of its associated persons through which the Member has offered to, or will, provide the Legal Services.
“Consultant Listing” means the Legal Services that are listed by a Consultant that are available for Engagement via the LEXITUP Platform..
“Consultant Services” means, in respect of each Consultant, the Legal Services offered by that Consultant.
“Client Listing” means the Legal Services that the Client is seeking an appropriate provider or providers to provide, via the LEXITUP Platform
“Client” means a Member who is seeking an appropriate provider or providers of Legal Services, or who requests, or offers to engage with, a Consultant to provide any Legal Services, via the Website.+
“Legal Services” means work done, or business transacted, in the ordinary course of legal practice and includes any associated paralegal, administrative assistance support, legal support and legal secretarial support services.
“Listing” means either a Client Listing or a Consultant Listing (as the case may be).
“Member” means a person who completes LEXITUP’s account registration process, including but not limited to Consultants and Clients.
“Permitted Purpose” means:
- in respect of a Client, seeking an appropriately qualified and suitable Consultant or Consultants to fill a genuine Engagement opportunity within the scope of business of the Client’s business or legal practice; and
- in respect of a Consultant, offering any Consultant Services and seeking an Engagement from a Client.
“Personal data” means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
“Processing” means any operation, or set of operations, which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
We collect, hold, use and disclose your Personal data to provide services we offer or you have contracted us to provide.
We collect, hold, use and disclose Personal data from you or about you primarily for the following purposes (where applicable):
| Legal basis for data processing | Purpose of data processing |
|---|---|
| processing is necessary for the performance of a contract, Article 6. point 1. (b) of the GDPR; |
|
| processing is necessary for the purposes of the legitimate interest of the controller, Article 6. point 1. (f) |
|
| consent of the data subject, Article 6. point 1. (a) |
|
Where we use your Personal data for marketing and promotional communications, you can opt out at any time.
We will also disclose your information to third party contractors that we retain or use to assist us in providing services to or for you, including Information Technology and database design contractors, our internet service provider and our professional advisers (such as our accountants or lawyers).
We will not disclose Personal data about you for any other purposes, except that we may disclose or use your Personal data where:
- • we are under a legal duty to do so, including circumstances where we are under a lawful duty of care to disclose information; or
- • such disclosure is authorised or permitted by yourself, the relevant authorities, or law.
As part of our services, your personal data are disclosed to those registered Members of the Website. Members processing your data become data processors separate from LEXITUP. Such data processors process your personal data according to their privacy policy, which they share with you directly within 30 days after starting to process your personal data.
The kinds of Personal data that we commonly collect and hold from you or about you include (as provided by you during registration): your name, gender, address, phone, fax and mobile numbers, your photo, email address, date of birth, qualifications, education, business, accreditations and work experience, professional insurance data, your practice certificate data, your applied rates and availability, your billing information, credit information of directors. We may also collect other types of Personal data such as the opinions of others about your work performance (whether true or not), your career objectives, the name and contact details of individuals listed as referees within your employment application, references, aptitude test results and any other information obtained by (or provided to) us in connection with your possible work placements.
When you browse our website or contact us electronically, we may record: geographical tagging, cookies, and statistical data.
We collect Personal data from you or about you in a number of ways, including:
- • when you visit and interact with our Website;
- • when you sign up for an account with us or sign up for our newsletter;
- • when you submit correspondence to or otherwise communicate with us or via the Website,whether in writing or by email, or post;
- • when you provide us with any other material or to any other persons connected to your interest in your application for an engagement.
Where you have provided us with your referees, we may also collect Personal data about you from them, but only if you give us express permission or consent to do so, whether at the time of registration of your account or by subsequent communications.
By providing Personal data to us when you create or update an account or profile with us, you are expressly and voluntarily accepting the terms and conditions of this Privacy Policy and agreeing to our processing of your Personal data in ways set out by the Applicable Terms. Where relevant, you consent to LEXITUP posting and using any photographs, content and/or other Personal data you might upload on our Website (which may be viewed by all or any of the Members), or have otherwise provided consent to publish on our Website, blog, in our marketing collateral or social media channels, which we may use in order to provide our services, the marketing of our services or for the purpose of our functions and/or activities.
Where you have provided us with the Personal data of another person (e.g. referees), you confirm that every person whose Personal data has been provided to us by you has been notified of this and has agreed to the collection, processing, disclosure and use of their Personal data, as set out in this Privacy Policy and any of our Applicable Terms. You also confirm that you will inform such persons that they may have rights of access to, and correction of, their Personal data.
Additionally, in connection with your use of the Website, we may also collect cookies from your computer, which enables us to tell when you use the Website and also to help customise your Website experience.
Your Personal data is held and stored by electronic means. The servers your Personal data are stored on are hosted by AWS in Frankfurt.
Technical and organisational measures are implemented that are appropriate for safeguarding confidentiality. Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, the following measures are taken to safeguard the confidentiality of personal data:
Access control:
Measures are implemented that deny unauthorised persons access to data processing systems that process and/or use personal data.
Property security:
- • Business premises and buildings are monitored 24 hours a day, seven days a week by security staff.
- • There are service contracts for technical surveillance systems.
Access authorisation control:
- • Access authorisation is granted to users on the basis of authorisation procedures.
- • Access is only granted after prior login with authentication (user ID, password).
- • The screen session is automatically protected by screen savers requiring a password after a set period of time and can also be manually locked.
- • Measures for password security (length, complexity and safekeeping) and rules for the use of passwords are in place.
- • Rules are in place if passwords or token devices are lost or forgotten.
- • Administrator accounts are exclusively used for strictly limited activities.
- • Inactive connections are automatically closed after a set waiting period (timeout).
- • Users can only have access to personal data according to the authorisation granted to them (by means of role allocation, functional user etc.).
Other measures:
- • Unauthorised access from the internet is prevented by use of firewalls.
- • Access to data processing systems and workstations is logged (for example in a log file).
- • Use of data processing systems is verifiable (logging of access).
- • Remote access via the (SSL) VPN gateway is logged.
- • The granting/changing of access authorisation is logged.
- • Logs are regularly evaluated.
We process your Personal data as long as you have an active account registered at the Website. 90 days after deletion of your account, we will permanently delete your Personal data, except for your billing data and those necessary to be retained based on applicable law.
We rely on the Personal data we hold about you to provide you with our services or otherwise conduct our business. Therefore, it is important that the information we hold about you is accurate, complete and up-to-date. This means that from time to time, we may ask you to tell us if there are any changes to your Personal data. To help us keep our records up-to-date, please advise us immediately when your personal details change.
You may request information on processing, rectification, erasure. You may not request erasure of data if data processing is mandatory pursuant to applicable law.
You may request us to confirm whether or not your personal data is processed and, where that is the case, you may request access to the personal data.
You may have the right to request us to rectify any inaccuracies in your personal data.
You may have the right to request us to restrict the processing your personal data. In this case, the respective data will be marked and may only be processed by us for certain purposes.
You may have the right to receive your personal data, which you have provided to us, in a structured, commonly used and machine-readable format (i.e. in digital form) and you may have the right to request the transmission of that data to another entity without hindrance from us, if such transmission is technically feasible.
When the processing of your personal data is based on your consent, you can withdraw your consent at any time without giving us any reason by contacting us under any of our contact details. The withdrawal of consent does not affect the lawfulness of processing based on consent prior to its withdrawal.
We respond to your request – by electronic means, unless you instruct us otherwise – within a month, either by informing you on our actions taken upon your request or by letting you know the reasons why we cannot fulfil your request. We may request additional information from you for confirmation to fulfil your request. We fulfil your first request free of charge if submitted in a year’s time, however we charge you reasonable administrative costs or refuse your request when your request is manifestly unfounded or excessive. We let you, and all of whom we shared your data with, know about the rectification, erasure, restriction of processing unless this proves impossible or involves disproportionate effort.
If you feel that your personal data rights have been breached, please contact us first. Furthermore, you can also contact and lodge a complaint with the local data protection authority, in particular in the Member State of the European Union of your habitual residence.
In Hungary you may lodge your complaint with:
National Data Protection and Freedom of Information Authority Seat:
H-1125, Hungary, Budapest, Szilágyi Erzsébet fasor 22/C.
Telephone: +36-1 391-1400
Telefax: +36-1 391-1410
E-mail: ugyfelszolgalat@naih.hu
If you do not provide us with your Personal data:
- • you may be unable to register an account with us or post a Listing;
- • you may not be able to use or navigate the Website or engage in certain website-related activities;
- • we may not be able to assist you in your efforts to find a consultancy or engagement opportunity for you, or to be introduced to a Client;
- • we may not be able to facilitate the interaction between our Members and yourself;
- • we may not be able to answer your enquiry; and/or
- • provide any other services that you or your organisation have contracted us to provide.