General Privacy Notice

GENERAL PRIVACY NOTICE

Introduction

Welcome to CJCH Solicitor’s privacy policy.

CJCH Solicitors respect your privacy and we are committed to protecting your personal data. This privacy policy will:

  • inform you as to how we look after your personal data when you visit our websites (regardless of where you visit them from);
  • inform you as to how we look after your personal data when we are instructed in a matter; and
  • tell you about your privacy rights and how the law protects you.

This privacy policy is provided in a layered format.  This means that if you click on a link below it will bring up the relevant text for you to read.

Please use the Glossary (at the end of this document) to understand the meaning of some of the terms used in this privacy policy.

Please note that our websites are not intended for children

  1. Important information and who we are

It is important that you read this privacy policy together with any other privacy policy or fair processing policy 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 policy supplements other notices and privacy policies and is not intended to override them.

Controller

Stephen Clarke, Timothy Hartland, Jacqui Seal and Jodi Winter-Devine (a partnership) trading as ‘CJCH Solicitors’ is the controller and responsible for your personal data (collectively referred to as “CJCH Solicitors“, “we“, “us” or “our” in this privacy policy).

We have appointed both a Data Protection Liaison Officer (DPLO) and a Data Protection Officer (DPO) who will oversee questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise your legal rights (which are explained below), you may contact us directly via our DPLO or you may contact our DPO using the details set out below.

Contact details

Contact details for CJCH Solicitors: Head Office Address:

Williams House, 11-15 Columbus Walk,

Cardiff, CF10 4BY

Telephone: 0333 231 6405

Email: gdpr@cjch.co.uk

Contact details for our DPLO: Email: gdpr@cjch.co.uk
Contact details for our DPO: Email: externaldpo@rdplaw.co.uk

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 we would be grateful if you would please contact us in the first instance.

Personal data about other people which you provide to us

If you provide personal data to us about someone else (such as your directors or employees, or someone with whom you have business dealings) you must ensure you are entitled to disclose that personal data to us and that, without our taking any further steps, we may collect, use and disclose that personal data as described in this privacy policy.

You must ensure the individual concerned is aware of the various matters detailed in this privacy policy, as those matters relate to that individual.  Specifically, you should ensure the individual is aware of our identity, how to contact us, our purposes of collection, our disclosure practices (including disclosure to overseas recipients), the individual’s right to obtain access to the personal data and make complaints about the handling of the personal data, and the consequences if the personal data is not provided (such as our inability to provide services).

Changes to the privacy policy and your duty to inform us of changes

We keep our privacy policy under regular review. This version was last updated in May 2019.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Third-party links

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 policy 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).

“Special categories” of particularly sensitive personal information require higher levels of protection. We may need to be able to collect, store and use this type of personal information for the legal services we provide.

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

  • Identity Data includes first name, maiden name, last name, job title, marital status, title, date of birth and gender.
  • Contact Data includes postal address (including home, business and billing addresses), email address, telephone and fax numbers.
  • Financial Data includes bank account and payment card details and other data necessary for fraud prevention and other related billing information.
  • Transaction Data includes details about payments to and from you and details of services that you have purchased from us.
  • Instruction Data includes business information necessarily processed in a project or client contractual relationship with us or voluntarily provided by you, such as instructions given, payments made, requests and retainer information.
  • Third Party Data includes information that you provide to us during the course of any instruction that relates to third parties that you are connected to (as per the statement above, this information may also be personal data relating to those third parties).
  • 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.
  • Usage Data includes information about how and when you use our websites and services and visits to our offices.
  • Communications Data includes your preferences in receiving information from us and your communication preferences.
  • Special Category Data means personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, data concerning health, data concerning sex life or sexual orientation. Although under the GDPR information relating to criminal offences and convictions is not included within the definition of special category data, for the purposes of this privacy policy we include reference to criminal convictions and offences under the category of “Special Category Data”.
  • Security Data means information that you enter into our visitor books when you visit our premises, information that you provide to reception on arrival and any information captured by CCTV systems installed on our premises and which we control.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with legal advice and assistance). In this case, we may not be able to act for you but we will notify you if this is the case at the time.

3. How is your personal data collected?

We use different methods to collect data from and about you including through:

  • Direct interactions. You may give us your Identity, Contact, Financial, Transaction, Instruction, Third Party, Usage, Communications, Special Category Data and/or Security Data by filling in forms or by corresponding with us in person, by post, by phone or email, corresponding with us through our social media accounts or otherwise. This includes personal data you provide when you:
  • visit our offices;
  • ask about our services;
  • instruct us on a matter;
  • interact on our websites or social media accounts (you should not send us confidential or sensitive information via our social media accounts as they are not designed for this purpose);
  • register to attend / attend an event that we are organising;
  • give us feedback or contact us;
  • provide us with your personal data in connection with a matter on which we are instructed but where you are not our client (for example, although not our client, you may be a beneficiary under a Will and so provide us with your personal data in connection with the probate matter in which we are acting).
  • Automated technologies or interactions. As you interact with our websites, we will automatically collect Technical and Usage Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. Please see the cookie policy on each of our websites for further details.
  • Third parties or publicly available sources. We will receive personal data about you from various third parties and public sources as set out below:
Category of Third Party Data Collected
Analytics and search information providers. Technical and Usage Data
Providers of technical and payment services such as banks. Identity, Contact, Financial and Transaction Data
Publicly available sources such as Companies House, the Electoral Register and HM Land Registry. Identity and Contact Data
Providers of anti-money laundering, identity, bankruptcy and credit check services. Identity, Contact, Financial and Special Category Data
Other lawyers, litigants in person, courts and regulators who may be connected to the matter that we are instructed to advise on. Identity, Contact, Instruction and Special Category Data
Experts and witnesses instructed in connection with or involved in a matter on which we are instructed to advise. Identity, Contact Data, Instruction and Special Category Data together with any other personal data relevant to the matter
Public bodies such as the Legal Aid Agency, the Probate Registry, the Department for Work and Pensions, the Office of the Public Guardian, Local Authorities, Health boards, the Crown Prosecution Service, the Police, the Defence Call Centre who may be connected to the matter that we are instructed to advise on. Identity, Contact, Instruction and Special Category Data
Our clients may provide us with information about third parties relating to a matter on which we are instructed to advise. Identity, Contact and Third Party Data

4. How we use your personal data

General legal basis of processing

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 we need to perform the contract we are about to enter into or have entered into with you (where you are our client).
  • 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. An example of this would be where you are referred to in a matter on which we are advising.
  • Where we need to comply with a legal or regulatory obligation.

You can find out more about the types of lawful basis that we will rely on to process your personal data by looking at the Glossary at the end of this privacy policy.

Special Category Data

We will only use your Special Category Data when the law allows us to. Most commonly, we will use your Special Category personal data in the following circumstances:

  • In limited circumstances, with your explicit written consent (or the consent of the relevant data subject if that is not you).
  • Where it is needed in the substantial public interest.
  • Processing relates to personal data which you or (if you are not the relevant data subject) the data subject has made public.
  • Processing is necessary for the establishment, exercise or defence of legal claims.
  • Less commonly, we may process this type of information where it is needed to protect your interests (or someone else’s interests) and you (or they) are not capable of giving consent.

Consent

Generally, we do not rely on consent as a legal basis for processing your personal data other than when we process Special Category Data in connection with the registration for and provision of access to an event or seminar.  Specifically, we may ask for health information to identify and be considerate of any disability or dietary requirement.  We use such information based on your consent.  If you do not provide information about disabilities or dietary requirements we will not be able to take appropriate steps to accommodate your disabilities or dietary requirements.  You have the right to withdraw consent to our use of Special Category Data in connection with events and seminars by contacting us.

We may also ask for your consent in relation to the use of cookies.  See our cookie policy on our websites for more information.

Purposes for which we will use your personal data

We have set out below, in a table format, a description of all 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 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. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Purpose/Activity Type of data Lawful basis for processing including basis of legitimate interest
To respond to initial enquiries about our legal services from prospective clients or officers / employees of prospective clients (a) Identity

(b) Contact

(c) Communications

(a)  Performance of a contract with you

(b)  Necessary for our legitimate interests (to be able to discuss our services with representatives of prospective clients)

(a)        To register you as a new client; or

(b)        To register an organisation for which you work as a new client,

which includes carrying out identity checks, anti-money laundering checks and conflict checks.

(a) Identity

(b) Contact

(c) Financial

(d) Transaction

(e) Instruction

(f) Third Party

(g) Communications

(h) Special Category

(a)   Performance of a contract with you

(b)   Necessary to comply with a legal obligation

To provide legal advice and act generally in the matter on which we are instructed.

When we are instructed to act on a matter, we are likely to process both client personal data and third-party personal data.  What data we process will depend on the type of case / client.

(a) Identity

(b) Contact

(c) Financial

(d) Transaction

(e) Instruction

(f) Third Party

(g) Usage

(h) Communications

(i) Special Category

(a) Performance of a contract with you

(b)  Necessary to comply with a legal obligation

(c)  Necessary for our legitimate interests (to be able to provide legal services in connection with the matter on which we are instructed)

To manage our relationship with our client which will include:

(a)   managing payments, fees and charges;

(b)   collecting and recovering money owed to us;

(c)   notifying our client about changes to our terms or privacy policy.

(a) Identity

(b) Contact

(c) Financial

(d) Transaction

(e) Instruction

(f) Usage

(g) Communications

(a)  Performance of a contract with you

(b)  Necessary to comply with a legal obligation

(c) Necessary for our legitimate interests (to recover debts due to us)

To administer and protect our business and our websites which will include:

(a)   meeting our financial reporting obligations;

(b)   meeting our regulatory obligations including those placed upon us by the Solicitors Regulation Authority;

(c)   meeting our statutory obligations including those placed upon us by health and safety legislation;

(d)   putting in place and maintaining appropriate organisational and technical measures to keep our systems, personal data and other information secure.

(a) Identity

(b) Contact

(c) Financial

(d) Transaction

(e) Instruction

(f) Third Party

(g) Technical

(h) Usage

(i) Communications

(j) Special Category

(k) Security

Necessary to comply with a legal obligation
To use data analytics to improve our website. (a)    Technical

(b)    Usage

Necessary for our legitimate interests (to keep our website updated and relevant, to develop our business and to inform our general marketing strategy)
To run and manage an event that we organise (a) Identity

(b) Contact

(c) Communications

(d) Special Category (see section on consent above)

(a)   Necessary to comply with a legal obligation

(b)   Necessary for our legitimate interests (to manage the event that we are arranging / hosting)

(c)   Consent where we use Special Category Data

Cookies

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of our websites may become inaccessible or not function properly. For more information about the cookies we use, please see the cookie policies on our various websites.

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent where this is required or permitted by law.

5. Disclosures of your personal data

We may share your personal data with the parties set out below for the purposes set out in the table in section 4 above.

  • 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 policy.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers (acting as our data processors) to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

6. International transfers

In the normal course of doing business, we plan to store and process your personal data in the United Kingdom and / or European Economic Area.

Sometimes, however, we may need to transfer information outside the European Economic Area.  Examples of where this might happen include where we need to use experts or lawyers in other countries.  Where this happens, we make sure that appropriate protection is in place to transfer your information securely.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

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.

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

How long will you use my personal data for?

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

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, regulatory, tax, accounting or other requirements.

Details of retention periods for different aspects of your personal data are available in our retention policy which you can request from us by contacting us.

In some circumstances, we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

9. Your Legal Rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data. We have set out those rights below and you can find out more about them by reading the Glossary:

  • Request access to your personal data.
  • Request correction of your personal data.
  • Request erasure of your personal data.
  • Object to processing of your personal data.
  • Request restriction of processing your personal data.
  • Request transfer of your personal data.
  • Right to withdraw consent.
  • Right to make a complaint to the ICO at any time.

 

If you wish to exercise any of the rights set out above, please contact us.

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 could 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 could 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.

10. Glossary

LAWFUL BASIS:
Performance of Contract: means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal obligation: means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.
EXTERNAL THIRD PARTIES:
Service providers who provide IT, system administration and cyber security services
Professional advisers who provide services to us, including our out-sourced DPO, other lawyers, bankers, accountants, auditors and insurers
Other people / organisations who are connected to a matter on which we are instructed to advise, such as other lawyers, litigants in person, accountants, insurers, indemnity insurers, expert witnesses etc
Courts, HM Revenue & Customs, the Solicitors Regulation Authority, HM Land Registry and other regulators and authorities
Organisations who provide services for money laundering checks, credit risk reduction and other fraud and crime prevention purposes and organisations providing similar services, including financial institutions, credit reference agencies and regulatory bodies with whom such personal data is shared.  As at May 2019 we use InfoTrack for the purposes of identity checks and anti-money laundering checks
Public bodies such as the Legal Aid Agency, the Probate Registry, the Department for Work and Pensions, the Office of the Public Guardian, Local Authorities, Health boards, the Crown Prosecution Service, the Police, the Defence Call Centre.
YOUR LEGAL RIGHTS – in certain circumstances you have the right to:
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 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: This enables you to 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 of your personal data: This enables you to ask us to suspend the processing of your personal data in the following scenarios:

·        If you want us to establish the data’s accuracy.

·        Where our use of the data is unlawful but you do not want us to erase it.

·        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.

·        You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

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.
Withdraw consent at any time: You may 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.

. Version 2 May 2019

1. Important information and who we are

Purpose of this privacy notice

This privacy notice aims to give you information on how CJCH collects and processes your personal data.

Our 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.

Controller

CJCH is made up of different legal entities (“CJCH Group”), details of which can be found here. This privacy notice is issued on behalf of the CJCH Group so when we mention “CJCH“, “we“, “us” or “our” in this privacy notice, we are referring to the relevant entity in the CJCH Group responsible for processing your data. We will let you know which entity will be the controller for your data when you purchase a product or service with us. CJCH Solicitors is the controller of and is responsible for our websites.

CJCH Solicitors have 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.  Alternatively, you may contact the outsourced DPO for CJCH Solicitors using the details set out below.

Contact details

If you have any questions about this privacy policy or our privacy practices, please contact CJCH Solicitors’ Data Protection Liaison Officer in the following ways:

Full name of legal entity: Stephen Clarke, Timothy Hartland, Jacqui Seal and Jodi Winter trading as CJCH Solicitors (a partnership) (“CJCH Solicitors”)

Postal address: Williams House, 11-15 Columbus Walk, Cardiff, CF10 4BY

Telephone number: 0333 231 6405

Data Protection Liaison Officer:

Email: gdpr@cjch.co.uk

Telephone number:  0333 231 6405

CJCH Solicitors has also appointed an outsourced 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. If you have any questions about this privacy notice, including any requests to exercise your legal rights, you may also contact the DPO using the details set out below:

Name of our DPO:  RDP Law Limited

Address of our DPO: Wentworth House, Langston Business Village, Newport, NP18 2HJ.

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.

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.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Personal data about other people which you provide to us

If you provide personal data to us about someone else (such as your directors or employees, or someone with whom you have business dealings) you must ensure you are entitled to disclose that personal data to us and that, without our taking any further steps, we may collect, use and disclose that personal data as described in this privacy notice.  You must ensure the individual concerned is aware of the various matters detailed in this privacy notice, as those matters relate to that individual.  Specifically, you should ensure the individual is aware of our identity, how to contact us, our purposes of collection, our disclosure practices (including disclosure to overseas recipients), the individual’s right to obtain access to the personal data and make complaints about the handling of the personal data, and the consequences if the personal data is not provided (such as our inability to provide services).

Third-party links

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).

“Special categories” of particularly sensitive personal information require higher levels of protection. We may need to be able to collect, store and use this type of personal information for the legal services we provide.

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:

  • Identity Data includes first name, maiden name, last name, job title, marital status, title, date of birth and gender.
  • Contact Data includes postal address (including home, business and billing addresses), email address, telephone numbers and fax numbers.
  • Financial Data includes bank account, payment card details and other data necessary for fraud prevention and other related billing information.
  • Transaction Data includes details about payments to and from you and other details of services you have purchased from us.
  • Instruction Data includes business information necessarily processed in a project or client contractual relationship with us or voluntarily provided by you, such as instructions given, payments made, requests and retainer information.
  • 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.
  • Usage Data includes information about how you use our websites, products and services and visits to our offices.
  • Communications Data includes your preferences in receiving information from us and our third parties and your communication preferences.
  • Third Party Data includes information that you provide to us during the course of any instruction that relates to third parties that you are connected to (as per the statement above, this information may also be Personal Data relating to those third parties).
  • Special Category Data means personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, data concerning health, data concerning sex life or sexual orientation. Although under the GDPR information relating to criminal offences and convictions is not included within the definition of special category data, for the purposes of this privacy notice we include reference to criminal convictions and offences under the category of “Special Category Data”.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

3. How is your personal data collected?

We use different methods to collect data from and about you including through:

  • Direct interactions. You may give us your Identity Data, Contact Data, Financial Data, Transaction Data, Instruction Data, Usage Data, Communications Data, Third Party Data and/or Special Category Data by filling in forms or by corresponding with us by post, phone, email, use of our social media accounts or otherwise. This includes personal data you provide when you or your organisation:
    • seek our products or services;
    • subscribe to our services;
    • make an enquiry, use any service, or otherwise interact on our websites or social media accounts (you should not send us confidential or sensitive information via our social media accounts as they are not designed for this purpose);
    • offer to provide or provide services to us;
    • give us feedback;
    • or register to attend an event or seminar that we are organising.

 

  • Automated technologies or interactions. As you interact with our websites, we may automatically collect Technical Data and / or Usage Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies.

 

  • Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:
    • Technical Data and Usage Data from the following parties:

(a)    analytics providers such as Google based outside the EU;

(b)   search information providers such as InfoTrack, Credit check agencies or company information providers who may be based inside and/or outside the EU.

  • Identity Data, Contact Data, Financial Data and Transaction Data from providers of technical, payment and delivery services such as banks for example.
  • Identity Data, Contact Data, Financial Data and Special Category Data from data brokers or aggregators such as InfoTrack, credit check agencies or company information providers who may be based inside and/or outside the EU.
  • Identity and Contact Data from publicly availably sources such as Companies House, HM Land Registry and the Electoral Register, who may be based inside and/or outside the EU.
  • Identity Data, Contact Data, Instruction Data, Special Category Data from other lawyers, litigants in person, courts and regulators who may be connected to the matter that we are instructed to advise you on.
  • Identity Data, Contact Data, Instruction Data, Special Category Data from medical professionals, specialists, consultants or experts based inside and outside the EEA as appropriate who may be connected to the matter we are instructed to advise you on.
  • Identity Data, Contact Data, Instruction Data, Special Category Data from public bodies such as the Legal Aid Agency, the Probate Registry, the Department for Work and Pensions, the Office of the Public Guardian, Local Authorities, Health boards, the Crown Prosecution Service, the Police, the Defence Call Centre who may be connected to the matter that we are instructed to advise you 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 we need to perform the contract we are about to enter into or have entered into with you, such as an instruction to provide legal advice.
  • 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.

We will only use your Special Category Data when the law allows us to. Most commonly, we will use your Special Category personal data in the following circumstances:

  • In limited circumstances, with your explicit written consent (or the consent of the relevant data subject if that is not you).
  • Where it is needed in the substantial public interest.
  • Processing relates to personal data which you or (if you are not the relevant data subject) the data subject has made public.
  • Processing is necessary for the establishment, exercise or defence of legal claims.
  • Less commonly, we may process this type of information where it is needed to protect your interests (or someone else’s interests) and you are not capable of giving your consent.

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 other than when we process special category personal data in connection with the registration for and provision of access to an event or seminar.  Specifically, we may ask for health information to identify and be considerate of any disability or dietary requirement.  We use such information based on your consent.  If you do not provide information about disabilities or dietary requirements we will not be able to take appropriate steps to accommodate your disabilities or dietary requirements.  You have the right to withdraw consent to our use of special category personal data in connection with events and seminars by contacting us.

Purposes for which we will use your personal data

We have set out below, in a table format, a description of all 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 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. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

  • Purpose/Activity

  • Type of data

  • Lawful basis for processing including basis of legitimate interest

  • To register you as a new client

    (a) Identity

    (b) Contact

    (c) Financial

    (d) Instruction

    (e) Special Category

    (f) Third Party

    (g) Communications

    (a) Performance of a contract with you
    (b) Necessary for our legitimate interests (to be able to provide legal services to you)
    (c) To comply with a legal obligation
    (d) To carry out a task in the public interest
    (e) Special category personal data has been made public by the data subject
    (f) Processing is necessary for the establishment, exercise or defence of legal claims
    (g) Processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the controller or of the data subject in the field of employment and social security and social protection law

  • To process and deliver services including:

    (a) Delivery of legal services

    (b) Manage payments, fees and charges

    (c) Collect and recover money owed to us

    (a) Identity

    (b) Contact

    (c) Financial

    (d) Transaction

    (e) Instruction

    (f) Usage

    (g) Communications

    (h) Special Category

    (i) Third party

    (a) Performance of a contract with you

    (b) Necessary for our legitimate interests (to be able to provide legal services to you and/or to be able to recover debts owed to us)

    (c) To comply with a legal obligation

    (d) To carry out a task in the public interest

    (e) Special category personal data has been made public by the data subject

    (f) Processing is necessary for the establishment, exercise or defence of legal claims

    (g) Processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the controller or of the data subject in the field of employment and social security and social protection law

  • To manage our relationship with you which will include:

    (a) Notifying you about changes to our terms or privacy policy

    (a) Identity

    (b) Contact

    (c) Instruction

    (d) Usage

    (e) Communications

    (f) Third Party

    (a) Performance of a contract with you

    (b) Necessary to comply with a legal obligation

    (c) Necessary for our legitimate interests (to keep our records updated and to study how clients use our services)

  • To administer and protect our business and our websites (including security, troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)

    (a) Identity

    (b) Contact

    (c) Financial

    (d) Transaction

    (e) Instruction

    (f) Technical

    (g) Usage

    (h) Third Party

    (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

  • To use data analytics to improve our websites, products/services, marketing, client relationships and experiences

    (a) Technical

    (b) Usage

    Necessary for our legitimate interests (to define types of clients for our products and services, to keep our websites updated and relevant, to develop our business and to inform our marketing strategy)

  • To make suggestions and recommendations to you about goods or services that may be of interest to you

    (a) Identity

    (b) Contact

    (c) Instruction

    (d) Technical

    (e) Usage

    (f) Communications

    Necessary for our legitimate interests (to develop our products/services and grow our business)

  • To comply with legal or regulatory obligations (such as record keeping), compliance screening or recording (such as anti-money laundering and fraud and crime prevention) and court orders

    (a) Identity

    (b) Contact

    (c) Financial

    (d) Transaction

    (e) Instruction

    (f) Special Category

    (g) Third party

    (a) Necessary to comply with a legal obligation

    (b) To carry out a task in the public interest

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.

We require all third parties to respect the confidentiality and security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

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.

Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

  • We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission.
  • Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe.
  • Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US.

Notwithstanding the above paragraph, we will transfer your personal data to External Third Parties who are based outside the EEA where it is necessary for the establishment, exercise, or defence of legal claims.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

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.

In some circumstances you can ask us to delete your data: see Request erasure below for further information.

In some circumstances, we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

9. Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data.

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 or 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.

10. Glossary

Lawful basis

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. 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 legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.

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.

To carry out a task in the public interest means processing your personal data where it may be needed in the public interest, such as to prevent fraud or to help address inequality.

Third parties

Internal Third Parties means other entities in the CJCH Group who are based in the United Kingdom and undertake or provide complementary or similar legal and commercial support products and services.

External Third Parties means:

  • Service providers acting as processors based in the United Kingdom who provide IT and system administration services.
  • Organisations who provide services for money laundering checks, credit risk reduction and other fraud and crime prevention purposes and organisations providing similar services, including financial institutions, credit reference agencies and regulatory bodies with whom such personal data is shared.
  • Professional advisers including bankers, auditors and insurers based in the EEA or outside the EEA who provide consultancy, banking, insurance and accounting services.
  • HM Revenue & Customs, regulators and other authorities who require reporting of processing activities in certain circumstances.
  • Barristers, other legal specialists (including mediators), consultants or experts based inside and outside the EEA as appropriate who provide consultancy services in relation to a client matter.
  • Foreign law firms based inside and outside the EEA as appropriate for the purpose of obtaining foreign 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.
  • Medical professionals and specialists, consultants or experts based inside and outside the EEA as appropriate who provide services in relation to a client matter.
  • Public bodies such as the Legal Aid Agency, the Probate Registry, the Department for Work and Pensions, the Office of the Public Guardian, Local Authorities, Health boards, the Crown Prosecution Service, the Police, the Defence Call Centre.

 

Version 1 (24 May 2018 ; Revised 20 June 2018)