Anti-Piracy & Licence Compliance Privacy Notice
1. IMPORTANT INFORMATION AND WHO WE ARE
Purpose of this privacy notice
This privacy notice aims to give you information on how CJCH Solicitors collects and processes your personal data in connection with its anti-piracy and compliance services.
Our websites www.cjchsolicitors.co.uk and www.cjchconsulting.co.uk and www.cjchsolicitors.com and www.cjchconsulting.com and www.cjch.co.uk, (websites) are not intended for children and we do not knowingly collect data relating to children, unless it directly relates to a matter we are instructed on.
It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.
Stephen Clarke, Timothy Hartland, Jacqui Seal and Jodi Winter trading as CJCH Solicitors (a partnership) is the controller and responsible for your personal data (collectively referred to as “CJCH Solicitors”, “we”, “us” or “our” in this privacy notice).
CJCH Solicitors has appointed a Data Protection Liaison Officer who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the Data Protection Liaison Officer using the details set out below. You may alternatively contact CJCH Solicitors’ DPO using the details set out below.
Full details for CJCH Solicitors:
Full name of legal entity: Stephen Clarke, Timothy Hartland, Jacqui Seal and Jodi Winter trading as “CJCH Solicitors” (a “partnership”)
Contact details for Data Protection Liaison Officer:
Email address: email@example.com
Postal address: Williams House, 11-15 Columbus Walk, Cardiff, CF10 4BY
Telephone number: 0333 231 6405
You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
Our data protection officer
We have also appointed a data protection officer (DPO) to help us look after your data. Our Data Protection Liaison Manager will speak to our DPO wherever he is required to by law. Contact details for our DPO are set out below:
Name of our DPO: RDP Law Limited
Address of our DPO: Wentworth House, Langstone Business Village, Newport, NP18 2HJ
Changes to the privacy notice and your duty to inform us of changes
We reserve the right to update and change this privacy notice from time to time in order to reflect any changes to the way in which we process your personal data or changing legal requirements. In case of any changes, we will publish the changed privacy notice on our websites and may publish or bring it to your attention by other means. The changes will take effect as soon as they are posted on our websites.
Our websites may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our websites, we encourage you to read the privacy notice of every website you visit.
2. THE DATA WE COLLECT ABOUT YOU
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you or related to you which we have grouped together follows:
- Contact Data: such as full name; job title; area of business; email address; telephone number; and other business contact information;
- Technical Piracy Data: information that reveals an unauthorised use of software has occurred;
- Correspondence Data: details of any correspondence you or other parties may have with us during the course of any anti-piracy compliance matter;
- Website Technical Data: includes internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access our websites.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
3. HOW IS YOUR PERSONAL DATA COLLECTED
We use different methods to collect data from and about you including through:
- Information provided to us by our clients: our clients may provide us with evidence that you are using their software without a licence. Where this is the case, they may provide us directly or indirectly with access to Technical Piracy ;
- Direct interactions. you may give us your Contact Data, Technical Piracy Data and/or Correspondence Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you or your organisation:
- respond to an allegation of anti-piracy (whether to admit the allegation or defend the allegation);
- otherwise interact on our websites.
- Third Parties and Publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:
- Contact Data from publicly availably sources such as Companies House, HM Land Registry, the Electoral Register and any website connected to a business to which you are associated and who may be based inside and/or outside the EU;
- Contact Data and Technical Piracy Data from potential defendants, other lawyers, courts and regulators who may be connected to the anti-piracy and compliance matter that we are instructed on.
4. HOW WE USE YOUR PERSONAL DATA
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
- Where we need to comply with a legal or regulatory obligation.
Click here to find out more about the types of lawful basis that we will rely on to process your personal data.
Generally, we do not rely on consent as a legal basis for processing your personal data.
Purposes for which we will use your personal data
We have set out below, in a table format, a description of the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests (and those of third parties) are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data.
Type of data
Lawful basis for processing including basis of legitimate
- (i) investigating (on behalf of IPR owners) an allegation of intellectual property rights infringement;
- (ii) pursuing (on behalf of IPR owners) by way of pre-action correspondence, ADR, court action or otherwise an allegation of intellectual property rights infringement for the purposes of protection and enforcement of IPR;
- (iii) resolution of disputes.
- (i) Contact Data
- (ii) Technical Piracy Data
- (iii) Correspondence Data
- (i) Necessary for our legitimate interests and those of our clients (acting as a legal practice and for the establishment, exercise or defence of legal claims)
- (ii) Necessary to comply with a legal obligation
Necessary to comply with a legal obligation
To administer and protect our business and our websites (including security, troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
- (i) Contact Data
- (ii) Technical Piracy Data
- (iii) Correspondence Data
- (iv)Website Technical Data
- (a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
- (b) Necessary to comply with a legal obligation
5. DISCLOSURES OF YOUR PERSONAL DATA
We may have to share your personal data with third parties for the purposes set out in the table in paragraph 4 above. The third parties we may share personal data with are:
- Internal Third Parties as set out in the Glossary.
- External Third Parties as set out in the Glossary.
- Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.
6. INTERNATIONAL TRANSFERS
Some of our external third parties are based outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA.
Without prejudice to the above paragraph, we will transfer your personal data to external third parties who are based outside the EEA where it is necessary for enforcement and protection of our clients’ intellectual property rights, including but not limited to the establishment, exercise, or, defence of legal claims.
7. DATA SECURITY
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
8. DATA RETENTION
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
9. YOUR LEGAL RIGHTS
Under certain circumstances, you have rights under data protection laws in relation to your personal data. We have summarised these rights below on a general basis, but you should be aware that at all times your rights will need to be balanced against the duty of confidentiality that we owe to our clients, our professional legal obligations and any rules regarding the conducting and defence of legal claims (for example in the United Kingdom, the Civil Procedure Rules):
- Request access to your personal data.
Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
- Request correction of your personal data.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
- Request erasure of your personal data.
This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
- Object to processing of your personal data.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
- Request restriction of processing your personal data.
This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
- Request transfer of your personal data.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
- Right to withdraw consent.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
If you wish to exercise any of the rights set out above, please contact our Data Protection Liaison Officer. Alternatively, you can send your request to our DPO.
No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
Legitimate Interest means the interest of our business in acting as a legal practice or the interest of our clients’ business in protecting their intellectual property assets, as appropriate. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our or the relevant third parties’ legitimate interests. We do not use your personal data for activities where our interests or those of the relevant third party are overridden by the impact on you (unless we are required or permitted to by law).
Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
Internal third parties means CJCH Limited (co regn 09251328) which is based in the United Kingdom and undertakes or provides complementary or similar legal and commercial support products and services.
External third parties :
- Service providers acting as processors based in the United Kingdom who provide IT and system administration services.
- Professional advisers including but not limited to bankers, auditors and insurers based in the EEA or outside the EEA who provide consultancy, banking, insurance, accounting and auditing services.
- HM Revenue & Customs, regulators and other authorities who require reporting of processing activities in certain circumstances.
- Lexcel auditors.
- Barristers and law firms based inside and outside the EEA as appropriate for the purpose of obtaining legal advice.
- Courts, law enforcement authorities, regulators or attorneys or other parties based inside and outside the EEA as appropriate for the purpose (where it is reasonably necessary) of the establishment, exercise or defence of a legal or equitable claim, or for the purposes of dispute resolution.
- Expert witnesses based inside and outside the EEA as appropriate for the purpose of giving expert evidence and/or maintaining evidence relevant to the enforcement of legal rights.
- Our outsourced DPO: RDP Law Limited
Version 1 (29 May 2018)