Privacy policy and data processing principles

This Privacy Policy and the Principles for the Processing of Client Data (hereinafter referred to as the “Privacy Policy”) describe how Maxwise OÜ (Maxwise) further collects, processes and uses your data when you use any service of this website maxwise.eu (hereinafter the “Website”) and / or any service we provide to you.

The nuances of processing your data may also be described in the Client Agreements, Terms and Conditions or in other documents related to the services.

This Privacy Policy forms part of the Website Terms and Conditions that govern your use of this Website as a whole, and should be read as if the Terms and Conditions and Privacy Policy were a single document.

Any use of the Website or of our services and / or interaction, you, as a user of our Website or as our Client, (“User”, “Client” or “you”) means that you agree to the provisions of this Policy and confirm that you have read and understood all the provisions set out in the Policy.

We process Personal Data in accordance with this Privacy Policy and in accordance with applicable laws, including the General Data Protection Regulation (2016/679) (“GDPR”) and applicable national data protection laws in Estonia (“Data Protection Laws”).

The phrase “Personal Data” in this Policy means any information that identifies you as an individual or can reasonably be used to identify you as one of the aforementioned persons, including for the following purposes:

• Contractual purpose – Maxwise needs to process the Client’s Personal Data in order to conclude a service agreement with the Client and provide services to the Client;
• Compliance – Maxwise needs to process the Client’s personal data in order to fulfill obligations in accordance with applicable laws, such as compliance with anti-money laundering and anti-fraud requirements, enforcement of international financial sanctions, compliance with legal requests and orders of state bodies with which Maxwise is obliged to cooperate ;
• Analytical purpose – Maxwise needs to process the Client’s Personal Data in order to manage, analyze and improve the Services, Website.
• The purpose of personalization is to comply with Maxwise’s liabilities and obligations in accordance with the privacy policy;
• The purpose of communication is to contact you;
• Accounting purpose – for financial accounting and bookkeeping, invoicing;
• Implementation of document circulation;
• Search for candidates for the position;
• Comply with other legal, regulatory and legal requirements.

Personal data is collected as follows:

• Cookies

We use cookies to receive information about how you use our Website. Cookies enable us to provide you with a more user-friendly and accessible format to use the Website. Such files usually do not contain any data that would allow us to identify you as a specific natural person.

• Google Analytics, Jivo App

Maxwise uses services of third party service providers such as Google, Jivo App, which use their own cookies and third party cookies or other third party identifiers together to collect data about Customer interaction with ad impressions and other service features in relation to our website.

Clients can set preferences for how Google and / or apps advertise to them using the Google Ads Settings page. Alternatively, Client may opt-out by visiting the opt-out page of the Network Advertising Initiative or by continuously using the opt-out browser add-on for Google Analytics.

Maxwise uses Google Analytics to measure and value access and traffic to the public areas of our website, and to generate reports on user navigation for our website administrators.

Maxwise takes measures to protect technical information collected by Google and / or Apps. The collected data will be used only as necessary to solve technical problems, administer the website and determine the preferences of visitors.

• Technical information

When you visit this Website, we may collect technical information that, by itself, does not identify you by name. However, this information may include, for example, your IP address (Internet Protocol), which pages you visit on this Website, other pages you visit on the Internet, and which browser you used to view this Website. This technical data is used to measure and improve the performance of this Website, to help diagnose problems with our server, to administer this Website, to see where Website traffic is coming from, and to identify our users. We may also collect other non-personal information through this Website / Affiliated Applications, such as Website activity and usage preferences, also known as demographic or profile data. We do not currently combine the data described in this paragraph with your Personal Data, but we reserve the right to do so in the future.

• Professional services.

We collect information provided by our Client or on behalf of our Clients, or information that we find on our own as part of the provision of professional services. This collection of Personal Data is necessary to fulfill our obligations to Clients, as well as in our legitimate interests as a law firm to provide legal advice to our Clients and potential Clients. As part of our professional obligations, we take all appropriate measures to ensure the confidentiality and integrity of the Personal Data of our Clients, prospective Clients and former Clients.

When providing professional services, we may supplement the Personal Data provided by you with personal data that was obtained from other sources.

Transfer of Personal Data to third parties:

We, like other professional service providers, engage third parties located in other countries to effectively fulfill our tasks. In this regard, personal data may be transferred outside the countries in which we and our Clients are located.

When transferred abroad, data may be transferred to countries outside the European Economic Area (“EEA”) and to countries in which specific procedures for the protection of personal data are not regulated by law.

We have taken steps to ensure that all personal data is adequately protected and that any transfer of personal data outside the EEA is lawful. When we transfer personal data outside the EEA to a country that, according to the European Commission, does not provide an adequate level of protection for personal data, the data transfer is carried out on the basis of an agreement that includes EU requirements for transferring personal data outside the EEA, for example, standard contractual clauses approved by the European Commission.

The Personal Data stored by us may be transferred to:

• Other partner firms and / or intermediaries and / or contractors.

We may transfer personal data to other companies if such transfer is necessary for administrative purposes, as well as for the provision of professional services to our Clients (for example, for the provision of consulting services by companies in various territories).

• Third parties who provide us with applications / functionality, data processing or IT services.
• As well as professional service providers through programs and applications (such as accounting programs / applications, translation services / applications, etc.)

We engage third parties in order to provide services more efficiently, as well as to ensure the availability, operation and management of our internal IT systems, servers. These persons include, but are not limited to, IT providers, cloud software-as-a-service providers, identity management, website management and hosting, data analytics, backups, security and data storage providers. The servers that provide and support this cloud infrastructure are located in secure data centers around the world, and personal data can be stored on any of them.

• Third parties who otherwise assist us in providing goods, services or information.
• Auditors, lawyers, translators and other professional consultants.
• Law enforcement agencies or other government and regulatory agencies or other third parties, in accordance with applicable laws or regulations.

From time to time, we receive requests from third parties who have the right to require the disclosure of personal data, for example, in order to verify our compliance with applicable laws and regulations, to investigate an alleged crime, to establish, use or protect legal rights. We will disclose personal data upon receipt of a relevant request only if applicable law or regulation requires such disclosure.

Changes to this Privacy Policy

We can make any changes to this Policy at our discretion. If we make any changes to the Policy, the revised version of this Policy is published on our website. We recommend that you periodically check if any changes have been made to the Policy.

Data controller and contact information

A data controller is an entity that, as the case may be, is the supplier or recipient of the contractual services, or the entity you have contacted.

If you have any questions regarding this Policy, or you want to know how and for what we process personal data, please write to us at: info@maxwise.eu, Jõe 4c, 10151 Tallinn, Estonia.

Client’s rights in relation to the collection of Personal Data

• Request information: Maxwise will provide all information regarding the client itself that the Client is entitled to receive under this Policy. The current version of the Policy is available on the website at any time.
• Access to personal data: you, as a Client, have the right to see information about your personal data and / or the list of data that we hold about you as a data controller.
• Right to change personal data: to update the personal data provided to us, write to us at: info@maxwise.eu or, if applicable, contact us through the corresponding registration / contact page on the website or amend the personal data stored in the respective applications, through which you registered.

Where practicable, as soon as we become aware that any personal data processed by us is out of date, we will correct (where applicable) according to the updated information you provide.

• Withdrawal of consent: If the processing of personal data is carried out on the basis of consent, individuals have the right to withdraw their consent at any time. As a rule, we do not process personal data on the basis of consent (since in most cases we use other legal grounds). To revoke your consent to the processing of your personal data, write to us at: info@maxwise.eu.
• The right to restrict or object to the processing of personal data: you have the right to restrict or object to the processing of your personal data at any time if there are reasonable grounds in your particular situation, if the processing of data is not required by law.

In case, if we are unable to provide compelling legal grounds for data processing or arguments in favor of establishing, exercising or defending legal claims, we will no longer process or restrict the processing of personal data.

• Other rights of data subjects

This Privacy Policy contains information about what personal data we collect from you and how it is used. In addition to the aforementioned rights of access, modification and restriction or objection to processing, individuals may have other rights to the personal data we hold, such as the right to erasure / deletion and the right to data portability.

• Complaints

We hope that you will never need this information, but if you want to file a complaint about the use of personal data by our company, write to us at: info@maxwise.eu, detailing the essence of your claims. We review and provide answers to all complaints sent to us.

You have the right to lodge a complaint with the Data Protection Authority (“DPA”) if you believe that your Personal Data is being improperly processed or your rights as a data subject have been violated by us. You can file a complaint by contacting the DPA of the relevant jurisdiction, i.e. at the place of the alleged violation of your rights as a data subject or improper processing of your data, or at the place of residence or work.

The scope of this Policy covers the following DPAs: Estonian Data Protection Inspectorate: http://www.aki.ee/en

The data processing agreement is an integral part of this Privacy Policy.

I declare that, as a Data Subject, by filling out the feedback form on the website, I confirm the following:

1) I have received, read and understand the information provided in accordance with the Privacy Policy set out in this Maxwise’s Privacy Policy;

2) I admit that the Data Controller (Maxwise), in compliance with the law or its contractual obligations, may be required to provide my Personal and sensitive / vulnerable data to authorized bodies or institutions in accordance with the intended purpose, and hereby I agree to such provision of data without additional notifications and consent on my part;

3) I am aware of my rights under the Regulation and the Data Protection Principles.

I hereby give my voluntary and explicit consent to the collection, processing, transfer and use of my Personal and sensitive / vulnerable data for the purposes specified in the aforementioned Maxwise’s Privacy Policy.

About our site

The website maxwise.eu (the “Website”) is the official website of Maxwise OÜ, duly incorporated and operating in accordance with the laws of the Republic of Estonia, registration code 10021807, address Jõe 4c, 10151 Tallinn, Estonia.

Your use of the Website is governed by these Terms and Conditions for our Website. If you continue to visit the Website, you expressly agree to these terms.

Services

1. General terms

1.1. The description and prices for the services offered by Maxwise OÜ are presented on this website and / or the Offer to the Client and / or in the contract with the Client.

1.2 A client, i.e. the person to whom Maxwise OÜ provides services, is any natural or legal person with whom Maxwise OÜ has entered into a client agreement or to whom Maxwise OÜ provides services on any other legal basis (hereinafter referred to as the “Client”) or who visits / uses this website.

The contract may also be concluded in favor of a third party (hereinafter referred to as the “Beneficiary”). The terms Client and Customer in other agreements concluded by the Parties are equivalent.

1.3 Maxwise OÜ and the Client are hereinafter referred to as the “Party” and jointly the “Parties”.

1.4. These Terms apply to all Services and constitute a legal agreement (Contract) between Maxwise OÜ and the website user / Client. The current terms and conditions are presented on the website.

1.5. By purchasing Services from Maxwise OÜ, you agree to this Contract.

When ordering services on the website, the Client is obliged to follow the online ordering procedure.

1.6. The Сontract is valid for the period specified in it, after which it can be automatically extended for a period agreed by the Parties, or until terminated by the Client, or Maxwise OÜ.

1.7. Maxwise OÜ may terminate or restrict the use of the service on the specified date or at the end of any renewal period if the Customer fails to comply with the terms of the Contract.

1.8. The Client can use the services of Maxwise OÜ only with the permission of Maxwise OÜ. If the Client uses any services of Maxwise OÜ without permission or does not pay for the service or renewal of the service, Maxwise OÜ has the right to terminate cooperation and / or stop provide services.

 

2. OBLIGATIONS OF THE CLIENT

2.1 The Client guarantees that the information provided by the Client is true and correct, and he/she is solely responsible for the rejection of documents that are inaccurate or incomplete.

2.2 The client shall immediately notify Maxwise OÜ in writing of any changes of the contact details specified in the order form.

2.3 The Client shall provide Maxwise OÜ in advance with all documents, information and other materials (including any changes made to them) necessary for the provision of the Services in order to enable Maxwise OÜ to perform tasks properly during working hours.

2.4 The Client shall do everything that is reasonably required of him/her in order for Maxwise OÜ to perform its tasks in accordance with the Contract and / or any agreements concluded between the Parties. Maxwise OÜ’s inquiries and requests must be answered promptly.

 

3. OBLIGATIONS and RIGHTS of Maxwise OÜ

3.1 Maxwise OÜ takes the necessary measures to ensure the security of any data or information about the Client in accordance with the Privacy Policy.

Maxwise OÜ may collect, use, transfer, store or otherwise process the information provided by the Client that is linked to specific persons (hereinafter – “Personal Data”), in accordance with the provisions of the applicable law and the current Privacy Policy and Principles for the processing of Client Data.

3.2 Maxwise OÜ accepts orders only on the condition that the Client is directly responsible for paying for the services.

3.3. Maxwise OÜ acts based on written or, as agreed, oral instructions of the Client or the person(s) directly authorized by the Client to give instructions to the Contractor on behalf of the Client (hereinafter referred to as the “Authorized Person”).

3.4 By accepting the request from the Client, Maxwise OÜ agrees to cooperate. The order is considered accepted at the moment of sending the corresponding electronic confirmation.

3.5 Maxwise OÜ has the right to charge a fee for any additional costs required to complete the order. The amount of additional costs is negotiated in advance.

3.6 Please contact one of our consultants to find out more about the time of services from Maxwise OÜ.

3.7 Maxwise OÜ is not responsible if the Client misuses any period of time to fulfill the order in case if the Client has not requested additional or more detailed information.

3.8 If Maxwise OÜ tried to contact the Client to provide better services and did not receive any response from the Client within the specified time (in the letter / contract / early agreements), Maxwise OÜ may unilaterally suspend the cooperation agreement.

3.9 Maxwise OÜ is not responsible for the actions of third parties involved in the execution of the order, namely, but not limited to: notary offices, translation bureaus, government agencies and postal operators.

3.10 Maxwise OÜ has the right to refrain from any actions in cases where it believes that such actions may be illegal from its point of view.

3.11 If there is a need for professional assistance of experts, consultants, specialists, etc. in other areas from among third parties that are not employees of Maxwise OÜ during the provision of the Services, the Parties may agree that Maxwise OÜ will look for an authoritative and competent expert in the relevant area; in this case, Maxwise OÜ will in good faith propose one or more experts to the Client and collect price offers from such experts.

Maxwise OÜ shall consult with the Client on the remuneration of any invited expert before incurring the related costs. The client shall conclude an agreement on the provision of services directly with the relevant expert, or the Parties may agree that Maxwise OÜ will conclude such an agreement. In any case, Maxwise OÜ will not be held responsible for the accuracy of the analysis, opinions, explanations or other results provided by such invited consultants and other service providers.

 

4. PAYMENT FOR SERVICES

4.1 You need to pay for the ordered services in full to start cooperation with Maxwise OÜ.

4.2 The following payment methods are available for Maxwise OÜ’s clients:

• Bank transfer;
• payment by credit card at the Maxwise OÜ’s office;
• payment in cash at the Maxwise OÜ’s office;
• PayPal;
• MyPos;

4.3 The client must ensure that Maxwise OÜ has received the payment in full. If Maxwise OÜ does not receive payment in full, the service will not be provided.

4.4 Before starting cooperation, the Client shall inform Maxwise OÜ about the preferred method of payment for the ordered service so that Maxwise OÜ could provide the correct payment details.

4.5 The client pays on time all state duties arising from the execution of the order, unless otherwise agreed.

4.6 Maxwise OÜ has the right to annually revise the amount of payment for services unilaterally, notifying the Client about this at least 30 (thirty) days in advance. Maxwise OÜ also has the right to revise the cost of payment if the circumstances under which the agreement was concluded change significantly, or if the provision of services under the agreement turns out to be significantly more complicated and time-consuming than the Parties could reasonably foresee at the time of the conclusion of the agreement. If the Client does not agree with the revision of the Reward, he/she has the right to terminate the agreement.

4.7 In addition to paying for services, the Client shall compensate Maxwise OÜ for all documented expenses and costs, including those paid by Maxwise OÜ and incurred in connection with the provision of the Services, including, but not limited to, state fees, notary fees, expenses for transfers, additional taxes, VAT, reverse charge, etc. Maxwise OÜ shall inform the Client in advance about the nature and amount of such expenses.

 

5. RETURN POLICY

5.1 Payments to Maxwise OÜ are non-refundable. Regardless of whether the provided service is suspended, canceled or extended before the end of the current service period, the Client has no right to demand a refund or use the paid amount to order other contracted services from Maxwise OÜ.

 

6. LIABILITY FOR VIOLATION OF TERMS OF COOPERATION

6.1 The client must not provide false and illegal materials / information of any kind. If the Client does not comply with this rule, the Client will be notified by e-mail that non-compliance with the rules may lead to the suspension of cooperation.

6.2 Maxwise OÜ is not obliged to check the accuracy or reliability of any information provided by the Client to Maxwise OÜ. Maxwise OÜ is not responsible for the accuracy of the information provided by the Client.

6.3 Maxwise OÜ does not make any guarantees that the recommendations it gives and the advice it can give will lead to any savings for the Client.

6.4 Maxwise OÜ will not be held liable for damage arising from the performance of any task or in connection with any task, unless Maxwise OÜ caused such damage by acting intentionally or through gross negligence. Maxwise OÜ is not liable for any indirect damage (indirect damage includes, among other things, lost profits). The aggregate liability of Maxwise OÜ under the Contract is limited to the aggregate amount of the Remuneration received by Maxwise OÜ under the specific Order and cannot exceed the cost of the services rendered within 12 (twelve) months preceding the date of the corresponding request by the Client.

6.5 The client undertakes to indemnify Maxwise OÜ every time and to protect it from any losses, claims, compensation and expenses (including reasonable costs of legal assistance) arising from or related to the assignment or participation of Maxwise OÜ in a transaction for which Maxwise OÜ is not responsible according to this Contract.

6.6 The client is obliged to comply with the due diligence measures established by Maxwise OÜ and provide Maxwise OÜ with all the necessary information and documentation.

6.7 If a dispute arises between the Parties in connection with the Contract, the Client must make efforts to amicably resolve the dispute. If no agreement is reached, the dispute may be referred to the Harju County Court.

6.8 This Contract shall be governed by and construed in accordance with the laws of Estonia.

 

7. CONFIDENTIALITY

7.1 During the term of the Contract, Maxwise OÜ shall not use (except for the provision of the Services) or disclose to any third parties any information that is a commercial secret of the Client, personal data or any information about the Services, business plan or activities of the Client or its affiliates, including (without limitation) any information owned by the Client or affiliated persons (hereinafter – Confidential Information), provided that the above limitation does not apply to Confidential Information: (i) which was in the public domain at the time of its disclosure by Maxwise OÜ or later became publicly available through no fault of Maxwise OÜ; (ii) which was already known to Maxwise OÜ before its disclosure to it, and Maxwise OÜ can prove this; (iii) which Maxwise OÜ has developed independently without using any other Confidential Information; or (iv) which was disclosed to Maxwise OÜ by a third party without Maxwise OÜ violating this Contract or otherwise violating the Client’s rights.

7.2 This Section 7 does not prevent the disclosure of any Confidential Information in cases where:

7.2.1 The Party is obliged to disclose such Confidential Information in accordance with the law or in accordance with any decision of a court or other competent authority or tribunal;

7.2.2 The Party is required to disclose such Confidential Information in accordance with any applicable rules;

7.2.3 The other Party has given its written consent to such disclosure; or

7.2.4 Confidential information is disclosed to professional consultants (who are responsible for maintaining the confidentiality of any information they disclose).

 

8. OBLIGATIONS OF THE PARTIES TO PREVENT MONEY LAUNDERING AND TERRORISM FINANCING

8.1 Acting under the Contract, the Parties must comply with the requirements established by the Estonian Money Laundering and Terrorist Financing Prevention Act and other the relevant secondary legislation.

8.2 The Client must cooperate with Maxwise OÜ in fulfilling the obligations established by the legislation, including in terms of identifying the Client and the sources of origin of his funds, etc. Maxwise OÜ has all the rights arising from the legislation and the relevant by-laws, including the right to refuse to provide services or terminate business relations with the Client in cases stipulated by legislation. In particular, Maxwise OÜ has the right to terminate this Contract without warning if the Client, despite the relevant request of Maxwise OÜ, fails to provide documents and other relevant information required by the legislation and other applicable rules regarding anti-money laundering and terrorist financing, or if the documents provided by the Client or the information does not remove suspicions of money laundering and terrorist financing.

 

9. FOREIGN TAXES AND DUTIES

9.1 We review, advise and apply primarily the law of the Republic of Estonia.

9.2 The Client is solely responsible for the payment of any taxes and fees payable in the Client’s country of residence and/or tax residence.

 

10. LINKS TO OTHER RESOURCES

10.1 Maxwise OÜ may, at its discretion, provide links to other websites / resources for the convenience of the Client. Such websites / resources are operated by third parties not controlled by Maxwise OÜ. Therefore, Maxwise OÜ is not responsible for the privacy policy, data collection methods, content, accuracy of information and / or quality of services provided or advertised on such third party websites.

 

11. FORCE MAJEURE

11.1 Maxwise OÜ is not liable to the Client for failure to provide the ordered services if such a refusal is caused by any events or circumstances beyond our reasonable control.

11.2 Neither Party shall be liable to the other Party for failure to fulfill its obligations if such failure is caused by circumstances beyond the control of the Parties that could not have been foreseen or avoided, including declared or actual war, civil unrest, epidemics, earthquakes, floods, fires and other natural disasters, actions of state or municipal authorities and other force majeure circumstances.

11.3 A Party that does not fulfill its obligations due to force majeure shall immediately, but no later than 5 (five) business days from the moment such circumstances arise, notify the other Party about the obstacle and how it affects the fulfillment its obligations.

11.4 A Party that has not notified the other Party about the impossibility of fulfilling its obligations under this Agreement does not have the right to refer to such impossibility.

12. OTHER PROVISIONS

12.1 The invalidity of one provision of this Contract does not affect the validity, legality and ability to enforce the remaining provisions of the Contract. If any provision turns out to be invalid, the Parties will make every reasonable effort to replace it with a new legal provision, the essence of which will be as close as possible to the essence of the original provision.

We use cookies to provide information about how you use our Website. Cookies enable us to provide you with a more user-friendly and accessible format to use the Website. Such files usually do not contain any data that would allow us to identify you as a specific natural person. Your data will be processed using cookies for the period you allow.

After reading our Privacy Policy, we ask you to give your consent to the storage and use of your data in accordance with the updated Privacy Policy.

If you have any questions, please write to us at: info@maxwise.eu. Thank you for choosing us.