Legal notices

The content of this website is for general information purposes only. It does not constitute professional advice (legal or otherwise) nor should it be used as such. We cannot accept responsibility for actions based on the material contained herein.

Use of materials published on this website/creating the link to the website is permitted only with the express prior written consent which can be requested by contacting kertu.ruus@sorainen.com.

Privacy Policy

Like most website operators, Sorainen collects data about visitors to our website at www.sorainen.com. This helps us understand how useful the website is and how to improve it.

Sorainen data collection practices are governed by the following Privacy Policy, which tells you what data Sorainen collect, how we use that data and who has access to that data.

You have many rights that you can use to control your privacy. Sorainen respects those rights. We want to help you exercise your rights, so you will find details on how to do so below.

Please take your time to read this policy and contact Sorainen if you have any questions or feedback regarding our privacy policy.

Your data controller

Sorainen offices in Estonia, Latvia, Lithuania and Belarus (Sorainen) are the joint controllers of your personal data. Contact information for Sorainen offices can be found here [http://www.sorainen.com/en/Offices].

The roles of Sorainen offices and their relationship with you are detailed in the arrangements between them.

Your Sorainen data protection officer can be contacted at e-mail privacy@sorainen.com.

What data do Sorainen collect and how is it used?

Website browsing statistics

Sorainen is constantly improving its website and aims to make using it as easy as possible. For this purpose, Sorainen needs to know what information is most relevant to website visitors, how often they connect, what browser and device they use, what content is mostly read, what region visitors come from, and similar demographics and statistics.

Sorainen collects this information by using an automated tool called Google Analytics. This allows Sorainen to record and analyse how visitors use the website.

You can learn more about how Google Analytics works and the information it allows us to collect and analyse here – https://support.google.com/analytics/answer/1012034?hl=lten&ref_topic=6157800

Sorainen uses this data on the basis of our legitimate interest as a business in improving our understanding of client needs and preferences in order to constantly enhance our services and improve client access to information that Sorainen publishes.

You may at any time disable collection of your data by Google Analytics, as described here – https://tools.google.com/dlpage/gaoptout/.

Logs

The server that hosts the Sorainen website may also record requests you make to the server, such as the web address you open, the device and browser you use, your IP address, date and time of access. This data is used only for technical purposes – that is, to ensure the proper functioning and security of the website and to investigate possible security incidents.

The basis for collecting and using such data is Sorainen’s legitimate interest in ensuring the technical availability and security of the Sorainen website.

Cookies

What are cookies?

A cookie is a small text file that a website saves on your computer or mobile device when you visit the site. A cookie enables the website to remember your actions and preferences ‒ such as login, language, font size and other display preferences ‒ over a period, so you don’t have to keep re-entering them whenever you come back to the site or browse from one page to another.

How does Sorainen use cookies?

The Sorainen website uses cookies to collect your IP address and browsing information, such as the websites you have visited or the time you have spent on each page, and allows the Website to remember your system and preferences.

Other cookies allow Sorainen to track website traffic and users’ interaction with the website – Sorainen uses this data to analyse visitors’ behaviour and to improve visitors’ experience. These cookies are placed and used by the Google Analytics tool.

Sorainen uses CookieYes to manage cookie consent preferences and ensure compliance with applicable laws.

Cookies are placed on your device only if you consent, unless cookies are required for strictly technical functioning of the website. However, note that if you do not consent to the use of cookies, certain functions of the website may not function properly or may not function at all.

The legal basis for the use of cookies is Sorainen’s legitimate interest in ensuring the technical functionality of the website. When cookies are used to remember your choices or for statistical purposes, the legal basis is your consent.

How to control cookies?

You can control and/or delete cookies as you wish – for details, see http://www.youronlinechoices.com/. You can delete all cookies that are already on your computer and you can set most browsers to prevent them from being placed. But if you do this you may have to manually adjust some preferences every time you visit a site, while some services and functionalities may not work.

Marketing

If you subscribe to the Sorainen newsletter via the Sorainen website or otherwise provide Sorainen with your business contact details, Sorainen may send you updates, newsletters or legal alerts which may be of interest to you. You will find more details on how Sorainen uses your contacts for such communication in our Marketing Policy.

Profiling

Sorainen may use website visitor statistical data to analyse trends and demographics of Sorainen visitors. However, Sorainen does not assign each visitor an individual profile.

Who may access your data

Statistical data about Sorainen visitors may be accessed by employees in our marketing and IT departments who are responsible for analysing that data and for improving our website.

Sorainen partners who provide Sorainen with website content management tools or who host the Sorainen website may have access to technical log files.

The Google Analytics tool provided by Google Inc. (a US company) has access to statistical data collected by that tool. Google Inc has subscribed to the EU-US Privacy Shield principles EU – US Privacy Shield list, which confirms that what we have provided complies with mandatory EU privacy standards. Contractual obligations to ensure privacy are also applied to this provider, which you may read here: https://www.google.com/analytics/terms/dpa/dataprocessingamendment_20160909.html.

Cookies are accessible by partner Google Marketing Platform.

There is no decision by the European Commission to recognise the level of data protection in Belarus as adequate. Therefore, the Sorainen Office in Belarus has access to personal data on the basis of an agreement between Sorainen Belarus and other Sorainen offices. This conforms to the Standard Contractual clauses approved by the European Commission. Furthermore, our servers are located in the EU and we have implemented data sharing restrictions to ensure that client data from Baltic countries is not shared with the Sorainen Office in Belarus without legitimate reasons. You may ask Sorainen to inspect a copy by contacting the Sorainen Data Protection Officer at privacy@sorainen.com.

How long does Sorainen store data?

Sorainen uses collected statistical data for analysis for up to three years.

Cookies are usually valid for a short term (a day, a week or a month), though in some cases they may remain valid for up to a year.

Your rights and how you may exercise them

By contacting Sorainen via e-mail at privacy@sorainen.com, you may exercise your right:

to require access to your personal data;
to require rectification of your personal data;
to require erasure of your personal data;
to withdraw consent to processing of your personal data, where applicable.

In some cases you may have a right to request a restriction on processing your personal data or to object to processing of your personal data.

You may exercise your rights in line with the requirements of applicable EU and local laws.

If personal data is erased at your request, Sorainen will only retain such copies of the information as are necessary to protect our or third party legitimate interests, comply with governmental orders, resolve disputes, troubleshoot problems, or enforce any agreement you have entered into with Sorainen.

You may disable cookies by your browser settings, or by visiting here:

Right to lodge a complaint

If you think your privacy rights have been breached, you may lodge a complaint with an authority of the EU country of your habitual residence. Contact information for these authorities can be accessed at http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612080.

Marketing Policy

Sorainen is happy to provide relevant and timely updates, legal alerts, invitations to events and other information to customers and anyone who is interested in receiving email communication from Sorainen. We do so by following the following privacy policy, which is designed to respect your privacy interests.

The policy describes the data that Sorainen collect about you for marketing communication, how we use that data and to whom we disclose that data. You will also find important information about the choices you may make about your data and other rights you have.

Please take your time to read the policy and contact Sorainen if you have any questions or feedback about this policy.

Your data controller

Your Sorainen data protection officer can be contacted by e-mail privacy@sorainen.com.

Personal data that Sorainen collect and use

You may subscribe to receive email communication from Sorainen on the website www.sorainen.com by completing a webform with your contact details (name, email, company).

Sorainen also collects your business contact details when you exchange business cards with us at meetings or events, or when you provide your contacts to sign up for Sorainen events.

Sorainen only sends marketing communication by email and tries to limit the list of addressees only to those who may be most interested in the message.

Once Sorainen sends a message, we may gather statistical data on your interactions with the communication, e.g. if you open the message, what links you click, which devices you use for it and what their technical features are. Sorainen does this by following logged information about your access to the Sorainen website or by use of cookies (if you consent).

When you subscribe to Sorainen communication on the website, Sorainen uses your data on the basis of your consent.

In other cases, when you voluntarily exchange business contact details with Sorainen, we send you marketing communications on the basis of Sorainen legitimate interests in maintaining a business relationship with you or companies you represent. Sorainen tracks the statistical efficiency of the communication for the purpose of improving how we communicate.

For data collected by cookies or automatically collected when you browse the Sorainen website, please read the Sorainen Privacy Policy.

Please be informed that Sorainen may film or photograph events organised by Sorainen. Video footage or photographs, which may contain your image, may later be shared as a gallery to all participants of the same event, and used for general marketing purposes by Sorainen.

Who may access your data

Your personal data may be disclosed:

to Sorainen employees and lawyers at Sorainen offices in Estonia, Latvia, Lithuania and Belarus who are in contact with you or who are responsible for marketing;
to Sorainen third party service providers, including marketing firms, information technology service providers, auditing firms and others, as far as necessary to manage our marketing communications.

How long does Sorainen store your data?

Your contact information and information related to your business or occupation will be stored and processed for marketing purpose for as long as you or the organisation you represent engage Sorainen as legal service providers. However, Sorainen takes steps to ensure, to the best of their ability, that outdated personal data is updated and personal data no longer required is deleted.

Personal data used to send you newsletters will be stored and processed for this purpose until you withdraw your consent, where applicable, or unsubscribe from Sorainen newsletters, but not longer than for 2 years after your last interaction with Sorainen newsletters.

Your rights and how you may exercise them

By contacting Sorainen at e-mail privacy@sorainen.com, you may exercise your right:

to require access to your personal data;
to require rectification of your personal data;
to require erasure of your personal data;
to withdraw consent regarding processing of your personal data.

In some cases you may have a right to request restriction on processing of your personal data or to object to processing of your personal data.

You may exercise your rights in line with the requirements of applicable EU and local laws.

If personal data is erased at your request, Sorainen will only retain such copies of the information as are necessary to protect Sorainen or third party legitimate interests, comply with governmental orders, resolve disputes, troubleshoot problems, or enforce any agreement you have entered into with Sorainen.

Right to lodge a complaint

If you think your privacy rights were breached, you may lodge a complaint with an authority of the EU country of your habitual residence. Contact information for these authorities can be accessed at http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612080.

Applicant Privacy Policy

How do we use your data

When you apply for the position of a lawyer or employee at Sorainen, we will retain and process personal data provided by you (including data specified in the enclosed CV, application letter, provided during an interview, etc.) to be able to evaluate your fitness for a particular position, complete selection procedures and, where necessary, make you a work or internship offer. That is necessary for our legitimate interest to select committed and experienced individuals most suitable for a particular position.

To be able to assess your fitness for the position, we may contact your education institution and/or previous employers for information about your qualification, skills or professional qualities. We would also like to receive this information, if any, from your current employer but we will only be able to do so with your consent. If you agree, please let us know when you submit your documents.

Sorainen offices in Estonia, Latvia, Lithuania and Belarus (Sorainen) are the joint controllers of your personal data. Contact details of Sorainen offices can be found here: http://www.sorainen.com/contacts/.

The relevant responsibilities of Sorainen offices and their relationships with you are defined in the arrangement between them. You can contact Sorainen Data Protection Officer by sending an e-mail to privacy@sorainen.com.

In the absence of the European Commission adequacy decision to date on the sufficient level of data protection in Belarus, the Sorainen office in Belarus has access to personal data on the basis of an arrangement between the Sorainen office in Belarus and other Sorainen offices that apply the standard contractual clauses adopted by the European Commission. You can request access to the text of the relevant arrangement by contacting Sorainen Data Protection Officer.

Who will have access to your information?

We assure you that we keep your data secure and confidential.

Access to your data will be given to the staff of Sorainen offices responsible for recruitment as well as the heads of practice areas or sector groups for which the recruitment procedures are conducted.

Sorainen IT Department may have access to your data during maintenance and operation of computer software only to the extent necessary to ensure the proper functioning of this software.

Any data provided by you will not be used in any other context or provided to others.

How long do we retain your information?

Data will be stored and processed not longer than for 1 year since the date of data submission. If you give us your consent, we may keep your personal data for 3 years in order to consider your candidacy and contact you in the future if there is a vacancy that corresponds to your profile.

If you are selected and sign a contract with Sorainen, we will retain the selection data in the manner and for the period applicable to the processing of Sorainen staff data that will be presented to you at the time of conclusion of the contract.

What are your rights?

You have the right to access your personal data processed us, have them rectified, completed or updated by sending an e-mail to privacy@sorainen.com. You can also use this e-mail address to have the processing of your data restricted on legitimate grounds.

You have the right to object to further processing of personal data provided by you for the purposes of selection and request your data to be removed by e-mailing your request to privacy@sorainen.com.

Where to apply for breach of rights?

If you think your privacy rights have been breached, you may lodge a complaint with the relevant public authority in the EU Member State of your residence. Contact details of such authorities can be found here: http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612080.

Sorainen Terms of Engagement (1.2018)

These terms and conditions apply to all services provided by Sorainen law firms: Advokaadibüroo SORAINEN AS (Estonia), Sorainen ZAB SIA (Latvia), Advokatų kontora Sorainen ir partneriai (Lithuania) and Sorainen and partners FLLC (Belarus). These law firms are individually and jointly referred to as Sorainen. By entering into agreement with Sorainen for provision of legal services, you (the Client) are deemed to have accepted these terms and conditions as a part of the agreement.

When the Client instructs us on an individual matter, the Engagement Letter is concluded setting out, inter alia,:

(a) Sorainen office responsible for the assignment;

(b) the scope of the work which Sorainen agrees to undertake;

(c) who will be the responsible partner and other key team members whom we will try not to replace, unless it is in the interests of

the Client to involve other individuals;

(d) the fees.

When terms of the Engagement Letter differ from these terms and conditions, the former will prevail.

Assignments can be performed most effectively if the Client immediately informs Sorainen of all related facts and other relevant information.
The list of Sorainen professionals who may be involved in performing assignments can be found at www.sorainen.com.
Sorainen may also involve other legal and tax professionals and advisers (eg interim/contract lawyers or other legal subcontractors) not mentioned in the said list to fulfil the Assignments.
Work is considered as accepted and conforming to the Client’s requirements after 14 days from delivery, unless the Client informs Sorainen of its reasonable comments or objections during this term. All intellectual property rights remain with Sorainen.
Sorainen may revise hourly rates annually or otherwise. Fees are mainly based on time spent (including necessary travel and waiting time) on the Client’s assignment, billed in units of 1/10 of an hour. Reasonable expenses directly related to the assignment (e.g., travel, accommodation, communication, other costs) are charged separately. Rates may be additionally increased if due to the Client the work has to be done at short notice. In disputes it may be possible to partially recover legal fees from the opponent, although the Client may have to pay other parties’ costs if a dispute is lost.
Invoicing is monthly (unless agreed or Sorainen decides otherwise) by e-mail and without signature. Payments are due within 14 days. Late payment interest of 10% per annum applies. Sorainen may choose to transfer any claim related to payment of Sorainen invoices to debt collection service providers. The Client consents to disclosure of information and documentation to third parties for debt collection purposes. Bank transfer fees as well as expenses related to debt collection are compensated by the Client. If the Client requests Sorainen to invoice any amount to another person, the Client remains liable for full payment of any such amounts.
The Client consents to all data (including personal data) being stored and processed for identification of the Client, also for performance of assignments and marketing purposes, subject to security and confidentiality measures applied by Sorainen offices. The Client confirms that it is entitled to hand over such data to Sorainen for processing. Persons whose personal data is processed by Sorainen have a right (by contacting Sorainen) to access their personal data, to request correction of errors in data or to stop processing the data.
Sorainen aims to protect its IT systems and electronic communications technologies which may also include cloud based services and other solutions (“ICT solutions”). Sorainen will not be liable to the Client if ICT solutions used by Sorainen are accessed, intercepted, changed or destroyed by unauthorised third parties.
Without express consent of the Client, Sorainen may not advise opponents of the Client in the same matter on which Sorainen is advising the Client. Without the Client’s explicit consent, Sorainen cannot provide legal advice to the Client’s opponents in the same matter in which Sorainen consults the Client. The Client explicitly agrees that Sorainen may from time to time (including the term of the Engagement Letter or in the course of performance of Client’s assignments and thereafter) provide legal advice on unrelated matters, also represent or defend the clients whose interests may misalign or conflict with the Client’s interests.
Future services will be provided to the Client upon receipt and acceptance by Sorainen of a new assignment and may be subject to Sorainen hourly rates applicable at the time or other indicated rates. Sorainen may decline to perform an assignment if direct or indirect conflict of interest exists, or if the assignment is outside its competence, or for other reasons.
Active solicitation by the Client of Sorainen professionals is prohibited during the term of this Engagement Letter and one year after its termination or expiry.
Sorainen is liable only to the Client and is liable only for direct loss, except for cases of intentional misconduct. Any liability of Sorainen (including its professionals or employees) is insured and limited to five times the amount of the fees invoiced by and paid to Sorainen for the performance of a respective assignment. In any event liability of Sorainen in front of the Client may never exceed EUR 1 million in total. Sorainen may accept to increase this limit of liability under the separate agreement with the Client. Sorainen is not liable for any claim relating to any assignment that is brought after expiry of three years from the date when the respective advice/service was provided. Sorainen is not liable for services of third party subcontractors or other services or supplies outsourced in relation to the Client’s assignments (e.g., notaries public, bailiffs, translators etc).
Either party may terminate any assignment at any time by giving notice (including by e-mail or letter) containing reasons for termination. Termination is permissible without advance notice upon suspicion that the business relationship may be linked to money laundering or terrorist financing.
Sorainen may suspend performance of assignments if the Client does not make payments in time or does not cooperate or in other cases prescribed by law. On termination, the Client pays all fees and expenses incurred up to the date of termination as well as fees and expenses related to termination. Until payment, Sorainen may retain assignment-related documents and other property, which Sorainen holds for the Client, including funds in the Client’s account. Work requested by the Client in relation to an agreed assignment following its completion or outside the scope of the agreed assignment may be charged separately at standard rates or as otherwise agreed with the Client.
The Sorainen office responsible for each assignment is agreed in the Engagement Letter or otherwise with the Client. Other Sorainen offices are not responsible for the assignment and may not be held liable for this unless there is an explicit agreement between the respective office and the Client
Any dispute, controversy or claim arising out of or relating to this contract or to breach, termination or invalidity of this contract shall be resolved by arbitration in accordance with the Rules of Arbitration of the Arbitration Court of the Latvian Chamber of Commerce and Industry (LCCI), in Riga, Latvia, by one arbitrator, in English language. Sorainen may choose to submit any claim related to payment of invoices to the court of the location of the Sorainen office which issued the invoice.
The contractual relation between Sorainen and the Client is governed by the laws of the country where the Sorainen office that was primarily in charge of the respective assignment is located, including the applicable rules and ethical norms of the local bar association.