Privacy Policy

 PRIVACY NOTICE REGARDING THE USE OF THE WWW.COURTPROCEDURE.EU WEBSITE

20 October 2020

The provider of the www.courtprocedure.eu Website (hereinafter referred to as Website), which is Altemate Europe Limited Liability Company (registered seat – 1066 Budapest Dessewffy utca 43, Hungary; Company registration number – 01-09-370103; VAT number – HU27978306) informs the users of the data management regarding the engagement of the Website of Service Provider as follows, in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council, the General Data Protection Regulation (hereinafter referred to as GDPR).

1. TERMS

Service Provider: Altemate Europe Limited Liability Company (registered seat – 1066 Budapest Dessewffy utca 43, Hungary; Company registration number – 01-09-370103; VAT number – HU27978306).

Website: The www.courtprocedure.eu domain and the entirety of the content that is made available on the www.courtprocedure.eu web address.

Product: Documents in pdf or ebook formats that are offered on the Website.

Purchase: The purchase of Product(s) on the Website.

Visitor: Natural persons who are merely browsing the Website without purchasing any Product, with or without registering.

Customer: Natural or legal persons who purchase Products on the Website, with or without registering.

User: Joint denomination for Visitors and Customers.

Registered Users: Users who have registered with the Website.

Terms of Use: the terms and conditions, made available on the Website, that regulate the use of the Website and Purchases on it.

2. PURPOSE OF THE PRESENT NOTICE

The Website’s use is governed by the Terms of Use, which shall apply to all questions not addressed herein. By using the Website and by the Purchase of Products, Service Provider and the User enter into an agreement per the provisions of the Terms of Use. The present Privacy Notice serves to provide adequate information to the Users on the management of personal information by Service Provider, relating to the use of the Website and Purchases made on it, as is required by applicable law.

Regarding the data processing taking place on the Website, Service Provider shall be deemed as a data controller.

3. PURPOSE OF THE WEBSITE

On the Website, updates to the book European Court Procedure – a Practical Guide (2020, © Viktor Luszcz, hereinafter the Book) and other related legal materials are published, which, together, constitute the Products. The Book itself is not among the Products. Visitors may obtain general information on the Book and on the release of Products by browsing the Website without the need for registration, they may search among these by various criteria, and may choose to purchase one or several of the Products, thereby becoming Customers.

4. APPLICATION OF THE PRESENT PRIVACY NOTICE TO USERS

By accessing the Website, by purchasing the Products thereon, and by using any of the Website functions, Users automatically acknowledge the contents of the present Privacy notice without any separate statements.

5. PUBLICATION OF THIS PRIVACY NOTICE

Service provider is entitled to unilaterally amend this Privacy notice at any time, publishing it in a joint, amended version on the Website, under a separate menu item. We request that all Users carefully read the present notice on every Website visit.

The present Privacy notice is continuously available on the Website. The Users may open, view, print, save the Privacy notice, but may not amend them, only Service Provide is entitled do so.

6. MANAGEMENT OF PERSONAL DATA BY THE SERVICE PROVIDER, ITS LEGAL BASIS, DURATION AND PURPOSES

The legal bases for our data processing are the following:

(a) GDPR Article 6 (1) a), where the processing is based on the informed consent of the data subject (hereafter referred to as Consent)

(b) GDPR Article 6 (1) b), where processing is necessary for the Performance of Contract to which the data subject is party (hereafter referred to as Fulfilment of Contract)

(c) GDPR Article 6 (1) c) where data processing is necessary for the fulfilment of or compliance with a legal obligation of the data controller (e.g. obligations with tax statues – hereafter referred to as Legal obligation)

(d) GDPR Article 6 (1) f) where data processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, (hereafter referred to as Legitimate interest)

(e) the data processing authorization afforded by Article 13/A of Act CVIII of 2001 on Electronic Commerce and on Information Society Services, where data controllers are authorized to process the natural identification data and home address of the recipients without the need for consent, as required for contracts for information society services, for defining their contents, for subsequent amendments and for monitoring performance of these contracts, for invoicing the relevant fees, and for enforcing the claims arising out of or in connection with such contracts, moreover, where data controllers are authorized to process natural identification data and home address for the purposes of invoicing for the fees payable under the contracts for the provision of information society services to the extent related to the use of information society services, and information relating to the date, the duration and the place of using the service (hereafter referred to as E-Commerce).

The Users are entitled to object against the data processing on the legal basis of Legitimate interest. In that case the Service Provider does not process their data for that particular purpose further.

The Legitimate interest of the Service Provider is claim and law enforcement. The data processed for that particular purpose are used for submitting claims and serve as evidence in case of a lawsuit. Those data can be requested by the Users as well for the same purpose. Processing the data for claim and law enforcement purposes is the legal interest of both the Service Provider and the User and does not affects the User’s fundamental rights and other personal rights disproportionately.

Furthermore, Service Provider informs the Customers that currently and until further notice, the Products can only be purchased for the individual use of natural persons. In order to ensure appropriate copyright protection, as regulated by the Berne Convention on Copyright, Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society and the (Infosoc Directive) and the laws of the EU Member States, each copy of the Products is given an individual Product ID which allows the Service Provider to identify the particular act of Purchase by a particular Customer (see Product ID below).

​The legal basis for the data processing is specified below, per data subject, data categories and by reference to the elements of the above list.

6.1. Non-registered Visitors’ data

We do not collect or retain any data on non-registered Visitors. For the aggregated and anonymised data automatically collected by the Website, see point 6.6. below.

6.2. Registered Visitors’ data

Registered Visitors are natural persons who visit the Website and register with it, without proceeding to any Purchase. As explained on the Website, such registration serves primarily to allow our team to send email notifications on the release of new Products.

The following data may be provided by Registered Visitors during the process of registration, which will be collected and processed by the Service Provider for the purposes, duration, and on the legal bases set out below:

* Timeframe of data processing, deletion time:
From the date of registration until the deletion of the registration by the Userm the date of registration until the deletion of the registration by the User

6.3. Non-registered Customers’ data

Non-registered Customers are natural or legal persons who make Purchases on the Website without registering with it.

The following data may be provided by Non-registered Customers during the process of the Purchase of Products, which will be collected and processed by the Service Provider for the purposes, duration, and on the legal bases set out below:

* Timeframe of data processing, deletion time:
Duration of storage of data serving for the enforcement of a claim or fulfilling an obligation of civil law is 5 years of the date on which the civil law relation with the User ceases as provided for in Section 6:22 (1) of Act V of 2013 on the Civil Code (“Hungarian Civil Code”).
The documents and certificates issued in connection with the contract need to be stored for 5 years after the last date of the calendar year in which the tax is to be paid (Sections 78(3) and 202 (1) of Act CL of 2017 on the Order of Taxation (“The Hungarian Taxation Act”).
Where the data need to be kept pursuant to Sections 168-169 of the Act C. of 2000 on Accounting (“The Hungarian Accounting Act”), the data will be erased after 8 years from the date on which the contractual relation ceases.

The Users are entitled to object against the data processing on the legal basis of Legitimate interest. In that case the Service Provider does not process their data for that particular purpose further.

6.4. Registered Customers’ data

Registered Customers are natural or legal persons who register with the Website and make Purchases on it.

The following data may be provided by Registered Customers during the process of registration and the Purchase of Products, which will be collected and processed by the Service Provider for the purposes, duration, and on the legal bases set out below:

* Timeframe of data processing, deletion time:
Duration of storage of data serving for the enforcement of a claim or fulfilling an obligation of civil law is 5 years of the date on which the civil law relation with the User ceases as provided for in Section 6:22 (1) of Act V of 2013 on the Civil Code (“Hungarian Civil Code”).
The documents and certificates issued in connection with the contract need to be stored for 5 years after the last date of the calendar year in which the tax is to be paid (Sections 78(3) and 202 (1) of Act CL of 2017 on the Order of Taxation (“The Hungarian Taxation Act”).
Where the data need to be kept pursuant to Sections 168-169 of the Act C. of 2000 on Accounting (“The Hungarian Accounting Act”), the data will be erased after 8 years from the date on which the contractual relation ceases.

The Users are entitled to object against the data processing on the legal basis of Legitimate interest. In that case the Service Provider does not process their data for that particular purpose further.

6.5. Data management regarding the sending of system notifications to Registered Users

The Service Provider may send service and system-essential messages to Registered Users of the Website. These messages are strictly limited to communication necessary for the appropriate use of the Website and access to Products. Those service and system-essential messages are electronic messages sent for the purpose of the performance of the contract, including information about the operation, accessibility, maintenance of the website, and also technical information in connection with verifications of online payment, online orders, online Purchases.

6.6. Anonymous data collected automatically via the Website

We use cookies and other various programs on the website in order to understand User preferences relating to the Website and to generate anonymous statistics on Website traffic, for the purposes of developing the Website based on those and of enhancing User experience on the Website.

Cookies do not contain any personally identifiable information. You can set your browser to block or alert you about these cookies. The Website will ask you to accept the cookies and you may at any moment terminate acceptance of the cookies.

In general, the cookie is a small file consisting of letters and numbers which is sent to the device of the User from the web server of the Service Provider. It enables for example the Service Provider to recognize the final appliance of the User when the connection is created between the web server of the Service Provider and the device.

Service Provider does not use the aforementioned cookies and personal data collected automatically by them either for the purpose of profile making, direct marketing, automated decision-making or for online behavioural marketing.

The Service Provider processes the data collected by the cookies strictly necessary for the operation of the Website based on Legitimate interest according to Article 6 (1) f) of the GDPR.

In case of data processing based on Legitimate interest, the User is entitled to object against the data processing at any time; in this case the Service Provider will not process his/her data further.

7. WHO MANAGES YOUR PERSONAL DATA, AND WHO HAS ACCESS TO THEM?

7.1. The data controller

The controller of the personal data specified under point 6. hereto is Service Provider, meaning Altemate Europe Ltd., the corporate data of which are as follows:

Altemate Europe Ltd.

Seat: 1066 Budapest, Dessewffy utca 43, Hungary;

Mail address: 1066 Budapest, Dessewffy utca 43, Hungary;

Company registration number: 01-09-370103;

VAT number: HU27978306)

E-mail address: info@altemate.eu

Website: www.courtprocedure.eu

7.2. Data processors

For the processing of the personal data of Customers, we engage the following companies. The following data processors conduct the processing of personal data:

8. DATA PROTECTION OFFICER

Service Provider is not required by the law to appoint a data protection officer.

9. TO WHOM DO WE TRANSFER YOUR PERSONAL DATA?

We transfer your personal data only to the data processors mentioned in point 7.2. Apart from them, we do not transfer your data to anyone.

10. USERS’ RIGHTS REGARDING THE PROCESSING OF DATA AND MEANS OF EXERCISING THOSE RIGHTS

​The detailed rights and remedies of the Users are set forth in the applicable provisions of the GDPR (especially in articles 15, 16, 17, 18, 19, 20, 21, 22, 77, 78, 79, 80, and 82 of the GDPR). The summary set out below describes the most important provisions and the Service Provider provides information for the individuals in accordance with the above articles about their rights and remedies related to the processing of personal data.

The information shall be provided in writing, or by other means, including, where appropriate, by electronic means. When requested by the individual, information may also be provided orally, provided that the identity of the individual is proven by other means.

The Service Provider will respond without unreasonable delay and by no means later than within one month of receipt to the request of an individual whereby such person exercises his/her rights about the measures taken upon such request (see articles 15-22 of the GDPR). This period may be, if needed, extended by further two months in the light of the complexity of the request and the number of requests to be processed. The Service Provider notifies the individual about the extension also indicating its grounds within one months of the receipt of the request. Where the request has been submitted by electronic means, the response should likewise be sent electronically unless the individual otherwise requests.

In case the Service Provider does not take any measure upon the request, it shall so notify the individual without delay but by no means later than in one month stating why no measures are taken and about the opportunity of the individual to lodge a complaint with the data protection authority and to file an action with the courts for remedy.

10.1. The individual’s right of access

(1) The individual has the right to obtain confirmation from the Service Provider whether or not personal data concerning him/her are being processed. Where the case is such, then he/she is entitled to have access to the personal data concerned and to the following information:

a) the purposes of the processing;

b) the categories of personal data concerned;

c) the recipients or categories of recipient to whom the personal data have been or will be disclosed including especially recipients in third countries and/or international organisations;

d) where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;

e) the right of the individual to request from the Service Provider rectification or erasure of personal data or restriction of processing of personal data concerning the individual, or to object to such processing;

f) the right to lodge a complaint with a supervisory authority;

g) where the personal data are not collected from the individual, any available information as to their source;

h) whether automated decision making (Section (1) and (4) of article 22 of the GDPR) is applied including profiling, and in such case, at least information in comprehensible form about the applied logic and the significance of such data processing and the expectable consequences it may lead to for the individual.

(2) Where personal data are forwarded to a third country, the individual is entitled to obtain information concerning the adequate guarantees of the data transfer.

(3) The Service Provider provides a copy of the personal data undergoing processing to the individual. The Service Provider may charge a reasonable fee based on administrative costs for requested further copies. Where the individual submitted his/her request in electronic form, the response will be provided to him/her by widely used electronic means unless otherwise requested by the individual.

10.2. Right to rectification

The individual has the right to request that the Service Provider rectify inaccurate personal data which concern him/her without undue delay. In addition, the individual is also entitled to have incomplete personal data completed e.g. by a supplementary statement or otherwise.

10.3. Right to erasure (‘right to be forgotten’)

(1) The individual has the right that when he/she so requests, the Service Provider erase the personal data concerning him/her without delay where one of the following grounds applies:

a) the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed by the Service Provider;

b) the individual withdraws consent on which the processing is based, and no other legal ground subsists for the processing;

c) the individual objects to the processing and there are no overriding legitimate grounds for the processing;

d) the personal data have been unlawfully processed;

e) the personal data have to be erased for compliance with a legal obligation in EU law or Member State law to which the Service Provider is subject;

f) the collection of the personal data occurred in connection with offering services regarding the information society.

(2) In case the Service Provider has made the personal data public and then it becomes obliged to delete it as aforesaid, then it will, taking into account the available technology and the costs of implementation, take reasonable steps including technical steps in order to inform processors who carry out processing that the individual has initiated that the links leading to the personal data concerned or the copies or reproductions of these be deleted.

(3) Paragraphs (1) and (2) shall not apply to the extent that processing is necessary, among other things, for:

a) exercising the right of freedom of expression and information;

b) compliance with a legal obligation which requires processing by Union or Member State law to which the Service Provider is subject;

c) archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in so far as the right referred to in paragraph (1) is likely to render impossible or seriously impair the achievement of the objectives of that processing; or

d) the establishment, exercise or defence of legal claims.

10.4. Right to restriction of processing

 

(1) The individual has the right to obtain a restriction of processing from the Service Provider where one of the following applies:

a) the accuracy of the data is contested by the individual, for a period enabling the Service Provider to verify the accuracy of the personal data;

b) the processing is unlawful and the individual opposes the erasure of the personal data and requests the restriction of their use instead;

c) the Service Provider no longer needs the personal data for the purposes of the processing, but the individual requires them for the establishment, exercise or defence of legal claims;

d) the individual has objected to processing based on the legitimate interest of the Service Provider pending the verification whether the legitimate grounds of the Service Provider override those of the individual.

(2) Where processing has been restricted under paragraph (1), such personal data shall, with the exception of storage, only be processed with the consent of the individual or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.

(3) The Service Provider informs the individual whose request has served as grounds for the restriction based on the aforesaid, before the restriction of processing is lifted.

10.5. Notification obligation regarding rectification or erasure of personal data or restriction of processing

The Service Provider will communicate any rectification or erasure of personal data or restriction of processing to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort. The Service Provider informs the individual about those recipients if he/she so requests.

10.6. Right to data portability

(1) The individual has the right to receive the personal data concerning him/her, which he/she has provided to the Service Provider in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the Service Provider, where:

a) the processing is based on consent or on a contract; and

b) the processing is carried out by automated means.

(2) In exercising the right to data portability pursuant to paragraph 1, the individual shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible.

(3) Exercising the aforesaid right shall not contravene to provisions concerning the right to erasure (‘right to be forgotten’) and, further, this right shall not harm the rights and freedoms of others.

10.7. Right to object

(1) The individual has the right to object, on grounds relating to his/her particular situation, at any time to processing of personal data concerning him/her for the purposes of legitimate interests. The Service Provider will no longer process the personal data unless it demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the individual or for the establishment, exercise or defence of legal claims.

(2) Where personal data are processed for scientific or historical research purposes or statistical purposes, the individual, on grounds relating to his/her particular situation, has the right to object to processing of personal data concerning him/her, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

10.8. Right to lodge a complaint with a supervisory authority

The individual has the right to lodge a complaint with a supervisory authority, in particular in the Member State of his/her habitual residence, place of work or place of the alleged infringement if he/she considers that the processing of personal data relating to him/her infringes the GDPR. In Hungary, the competent supervisory authority is the Hungarian Authority for Data Protection and Freedom of Information (H-1530 Budapest, Pf.: 5; telephone: +36-1-391-1400; fax: +36-1-391-1410).

10.9. Right to an effective judicial remedy against a supervisory authority

(1) The individual has the right to an effective judicial remedy against a legally binding decision of a supervisory authority concerning him/her.

(2) The individual has the right to an effective judicial remedy where the supervisory authority which is competent does not handle a complaint or does not inform him/her within three months on the progress or outcome of the complaint lodged.

(3) Proceedings against a supervisory authority shall be brought before the courts of the Member State where the supervisory authority is established.​

10.10. Right to an effective judicial remedy against the Service Provider or the processor

(1) The individual, without prejudice to any available administrative or non-judicial remedy, including the right to lodge a complaint with a supervisory authority, has the right to an effective judicial remedy where he/she considers that his/her rights under the GDPR have been infringed as a result of the processing of his/her personal data in non-compliance with the GDPR.

(2) Proceedings against the Service Provider or a processor shall be brought before the courts of the Member State where the Service Provider or processor has an establishment. Alternatively, such proceedings may be brought before the courts of the Member State where the individual has habitual residence. In Hungary, in these kinds of proceedings the general court has jurisdiction. The proceedings can be brought – according to the choice of the individual concerned – before the general court where one has its habitual residence or place of stay. Information on the competent courts is available at www.birosag.hu.

11. AMENDMENTS OF THIS PRIVACY NOTICE

Should the scope of data or the circumstances of data management be subject to change, this notice shall be amended and published on www.courtprocedure.eu, as required by GDPR. Please pay attention to the amendments of this notice, as they contain important information regarding the management of your personal data.