Last updated on: 20 October 2020
1.2 Our details are as follows:
- Data controller: Burges Salmon LLP, One Glass Wharf, Bristol BS2 0ZX.
1.3 This Policy may change from time to time and, if it does, the up-to-date version will always be available on our website and becomes effective immediately.
1.4 Please take the time to read this Policy, which contains important information about the way in which we process personal data.
1.5 For the purposes of this Policy, "Data Protection Legislation" is defined as, for the periods in which they are in force, the General Data Protection Regulation (Regulation (EU) 2016/670) (“GDPR”), Data Protection Act 2018, any equivalent legislation amending, supplementing or replacing the GDPR and any other law applicable to us and otherwise relating to data protection.
2 Information we may collect about you
2.1 We may collect and process information about you and your personnel through various means, including:
- in the course of carrying out work for you (or your business); as noted above, we will almost always act as a data controller in this capacity but there might be very limited circumstances in which we will act as a data processor. Where we are acting as a data processor, we will separately let you know and ensure that appropriate contract terms are in place
- via our website (e.g. on our ‘Contact Us’ page or our news and insight subscription form, submitting a job application etc.) or when using one of our apps or digital services
- by email or other electronic correspondence (including through the technical monitoring tools and other tracking technologies which we use for purely administrative / technical reasons in respect of emails, to check our emails are sent to the intended recipients and are read / engaged with in the way we want)
- by telephone, video conferencing or collaboration software
- networking (e.g. at law fairs, client events and/or other meetings or events both in person or virtual either hosted or attended by us)
- through the extranet or other document storage, management or review sites or platforms that we make available in the context of the services we provide
- through our guest WiFi service or other facility at our premises that may require log in details
- through an online or emailed form, questionnaire, survey or similar format
- by operating security policies and procedures in our offices (e.g. by virtue of our access to CCTV footage recorded by our buildings’ landlord and other CCTV footage we collect in our offices)
- otherwise through providing our legal services or operating our business.
2.2 The personal data you give to us may include:
- your name and title
- contact information, including telephone number, postal address and email address
- information relating to your location, preferences and / or interests
- the MAC address of the device you use when logging in to our guest WiFi service (only held for 24 hours)
- information collected in-app or through one of our digital services, such as GPS or other location tracking
- employment and job application details, e.g. date of birth, employment history, qualifications, equality monitoring information
- photographic identification and video footage
- in certain circumstances, your and others’ signature(s), National Insurance number(s), financial details such as bank account details and details of any relevant sanctions or similar restrictions
- in certain circumstances, data relating to health (including disabilities), ethnicity, race, religious beliefs, trade union membership and other ‘special category personal data’
- the content of any enquiry submitted over our website, during an online event or via any of our social media accounts
- so long as we consider necessary to comply with UK Government guidance related to the COVID-19 pandemic, current health information including details of any COVID-19 recognised symptoms and, where necessary, test results and other information required for purposes of UK track and trace or similar programme
- where you have subscribed or responded to our marketing mailings, your communication preferences and, if required, any dietary requirements
- survey responses and feedback
- any other personal data we collect (such as the client reference number which may be assigned to you) in the context of our work for our clients or in the course of operating our business.
2.3 Each time you visit our website or use one of our apps or digital services, we may automatically collect the following information:
- Web or app usage information (e.g. IP address), your login information, browser type and version, time zone setting, operating system and platform.
- Information about your visit, including the full Uniform Resource Locators (URLs) clickstream to, through and from our website (including date and time); time on page, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks and mouse-overs).
- Location, device and demographic information (Google Analytics provides age range and gender information. Find out more about how Google collects demographic data).
2.4 We may ask you for information when you report a problem with our website, apps or other digital services.
2.5 If you contact us, we may keep a record of that correspondence.
2.6 The personal data described above may relate to any of the following categories of person:
- our clients and clients’ personnel
- our prospective employees, secondees, work experience students or other job applicants
- our employees, partners, consultants and any other person employed by us
- those emergency contacts or referees whose details have been provided to us by our people
- third parties with whom we have contact by virtue of providing legal services (e.g. third party payers of invoices, counterparties on a client’s matter and users of, or other individuals identified on, the extranet or other document storage, management or review sites or platforms that we make available in the context of the services we provide)
- our contacts at our ‘Preferred Firms’ or referrers, professional advisors or others with whom we work in the context of our legal services
- our prospective target clients
- our contractors and suppliers
- those with whom we work in the context of our Corporate Responsibility initiatives
- attendees and/or participants at events hosted by us either virtually or in person or held at our offices
- those who submit enquiries through our website or whose details are otherwise entered into our client relationship management system
- any other visitor to our offices.
4 How we will use your information
4.1 We may use your information for the following purposes:
- to respond to any query that you may submit to us
- to manage our relationship with you (and/or your business), including by maintaining our database of clients and other third parties for administration, and accounting and relationship management purposes
- to complete our contractual obligations to you, or otherwise taking steps as described in our engagement terms and/or our Terms of Business (including any associated administration)
- to carry out any relevant conflict checks, anti-money laundering and sanctions checks and fulfilling our obligations under any relevant anti-money laundering law or regulation (including under The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017)
- to verify your identity using electronic verification. Any personal data received from you for the specific purpose of proving your identity will be processed only for the purposes of preventing money laundering or terrorist financing (as detailed above), unless any additional use is permitted by law or you consent to us using it for a different purpose
- to send you or email or post any relevant information on our services and events that may be of interest to you using the email and/or postal address which you have provided, but only if you have given us your consent to do so or we are otherwise able to do so in accordance with applicable Data Protection Legislation
- to manage and administer any events (either virtual or in person) hosted or sponsored by us
- to process any job application you (or your representative) has submitted
- to administer our corporate responsibility initiatives
- to ensure that our website, apps and digital service’s content is presented in the most effective manner for you and your device
- to customise our website, apps and other digital services according to your interests
- to administer our website, apps and other digital services and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey responses;
- to allow you to participate in interactive features on our website, apps and other digital services when you choose to do so
- as part of our efforts to keep our website, apps and other digital services safe and secure
- to measure or understand the effectiveness of advertising we send to you and others, and to deliver relevant advertising to you
- to ensure we appropriately administer any attendance/visits to our offices
- in respect of health data (including temperature check and/or other relevant test results or information) collected from anyone attending our premises, we will use that data to review whether or not that person can safely attend our premises in light of UK Government COVID-19 guidance. We will also maintain records of any questionnaires or other forms completed by visitors for the purpose of evidencing that appropriate checks have been undertaken. We will process health data in these ways only where we have obtained explicit consent to do so. You can withdraw any consent given to us for such purposes at any time by contacting us at C19@hlchache.cn or via our website (www.hlchache.cn) (although that withdrawal of consent would not impact on our use of your health data prior to the date of such withdrawal). If we are not given consent to use health data in the ways described above, the individual concerned may not be given access to our premises
- we will disclose that same health data referred to in (q) above (including temperature and/or other relevant test results and information) on a confidential basis to a governmental organisation, health ity and / or equivalent where required to do so by law as part of a UK track and trace or similar programme
- to comply with any other professional, legal and regulatory obligations which apply to us or policies or procedures that we have in place (including procedures by which we use software tools to review and access information stored on our system in order to assess, verify or otherwise process the personal data we hold)
- as we feel is necessary to prevent illegal activity or to protect our interests.
5 Legal grounds for processing your information
5.1 We will rely on the following legal bases under Data Protection Legislation for processing your personal data:
- performance of, or entry into, a contract. The personal data that we are required to collect in order to comply with any other professional, legal and regulatory obligations which apply to us must be provided to us in order for us to perform this contract - we would not be able to act for you without this personal data
- compliance with a legal obligation to which we are subject (including if we are under a statutory or equivalent obligation to disclose contact details to public health ities)
- we have a legitimate interest in doing so as a legal services provider (and where our legitimate interests are not overridden by your (or the relevant individual’s) own interests or fundamental rights or freedoms). These legitimate interests will include our interests in managing our relationship with our clients, prospective clients and their contact personnel, administering visits to our offices, administering events hosted by us and ascertaining achievement of proper standards/compliance with policies, practices or procedures and/or fulfil our collective responsibilities in relation to public health track and trace efforts
- where processing of ‘special category data’ is necessary in the context of the establishment, exercise or defence of legal claims or where another legal ground other than explicit consent is available to us under Data Protection Legislation; or
- in certain circumstances, such as those described in paragraph 4.1(e) above or where we need to process ‘special category data’ in the context of our legal work but outside the scope of paragraph 5.1(d) above, where we have obtained your express / explicit consent to do so. As we will explain at the time we collect your consent, you may withdraw it at any time in accordance with the information we provide to you at that time.
6 Sharing your information
6.1 We may share your details with carefully selected third parties. These may include service providers, support services, joint event hosts and organisations that help us to market our services and third parties instructed to enable us to fulfil our contractual obligations to you and/or our clients in the course of business.
6.2 If we share your information with third parties they will process your information as either a data controller or as our data processor and this will depend on the purposes of our sharing your personal data. We will only share your personal data in compliance with Data Protection Legislation.
6.3 We may disclose your information to third parties when:
- you specifically request this or it is necessary to provide our legal services to you (e.g. when we need to instruct lawyers in another jurisdiction to provide advice which you have requested)
- we feel other companies’ products and services may interest you
- in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets
- if our website apps or other digital services or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets
- it is necessary to administer and manage any events that you are invited to and/or attend and/or participate in that is either hosted at one of our offices, virtually or elsewhere; or
- if we are under a duty to disclose or share your personal data in order to comply with any legal obligation or to protect the rights, property or safety of our website, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
6.4 The third parties include:
- our bank (including as permitted by The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 which, for the purposes of preventing money laundering or terrorist financing, may require us to disclose your personal data on request to our bank from time to time where we hold monies in our pooled Client Account on your behalf)
- our insurers
- our auditors, including external accreditation bodies
- other professional advisors or third parties (including counsel, overseas lawyers, accountants, expert witnesses or costs draftsmen) with whom we engage as part of our work for our clients or who our clients separately engage in the same context
- our regulator, the Solicitors Regulation ity
- governmental (e.g. public health) ity
- our data processors providing catering, security, email security, data governance, archiving and other IT and business support services
- our email marketing platform provider, our website platform provider, our app platform provider and any other digital service platform provider that we use
- other attendees or participants on communication or collaboration software used by us and/or you on which you attend and where it is not possible to hide your identity or contact details (e.g. video conferencing software, direct messaging apps etc.)
- other attendees or participants at events hosted by us (either virtual or in person) that you attend and where it is not possible to hide your identity or contact details (e.g. through video conferencing software, apps and other digital services and/or when name badges are used)
- selected partner digital agencies and online job application provider
- analytics and search engine providers that assist us in the improvement and optimisation of our website, apps and other digital services
- any third party you ask us to share your data with
6.5 Our website may, from time to time, contain links to and from the websites of advertisers and partners. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
6.7 We will not rent or sell our users’ or other contacts’ details to any other organisation or individual.
7 Storage and retention of your personal data
7.1 We follow strict security procedures as to how your personal information is stored and used, and who sees it, to help stop any unised person getting hold of it. All personal information you register on our website, app or other digital service will be located behind a firewall. Once we have received your information, we will use strict procedures and security features to try to prevent unised access. Unfortunately, the transmission of information via the internet is not completely secure and although we do our best to protect your personal data, we cannot absolutely guarantee the security of your data.
7.2 We will keep your information stored on our systems for as long as it takes to provide the services to you and in accordance with our Terms of Business. Any data collected via one of our apps or other digital services will be stored in accordance with the Terms of that platform. We may keep your data for longer than our stated retention period if we cannot delete it for legal, regulatory or technical reasons. We may also keep it for research and development, preventing conflicts of interests or statistical purposes. If we do, we will ensure that appropriate safeguards are in place to protect your privacy and only used for those purposes.
7.3 Any contact details stored on our client relationship management database will be removed from our mailing lists if they do not interact with our emails (i.e. open emails or click on links within them) for a certain period following which they will be moved to an archive folder before being deleted permanently.
7.4 The third parties we engage to provide services on our behalf will keep your data stored on their systems for as long as is necessary to provide the services to you.
7.5 We will, subject to paragraph 7.2, not store your information for longer than is reasonably necessary or as required by law or by our regulator, or to assert or defend against legal claims.
7.6 We will keep the health data collected in a COVID-19 context as described above only for so long as is necessary to comply (and/or verify our compliance) with any disclosure obligation related to a UK track and trace or similar programme. We will destroy copies of any completed questionnaires, forms and other related reports after one year.
8 Sending your information outside of the EEA
8.1 If we need to share your personal data with a recipient outside the European Economic Area (“EEA”) (e.g. a professional advisor or third party engaged by us or you as part of our work under an engagement letter) we will ensure we do so in compliance with Data Protection Legislation, including, where applicable, by ensuring that the transfer is necessary to perform a contract in place with you or a contract entered into in your interests. As part of this, we will ensure we have a set of EU-approved standard contractual clauses (or other approved protection mechanism) in place with that third party.
8.2 We have put in place appropriate contractual clauses with our practice management system provider who are located in the US (and to the extent New Zealand no longer benefits from an EU ‘adequacy finding’, in New Zealand), our recruitment portal provider in Australia and with our email security, service continuity and archiving service provider's affiliates in South Africa, the US and Australia. If these transfers affect you, you may contact us to obtain more precise information and a copy of relevant documentation.
8.3 Our people may access our systems remotely when working within or outside of the UK. Where they do so, they are required to use our systems and access any personal data in accordance with all the usual policies and procedures.
9 Withdrawal of consent
9.1 Where we process your personal data we do so on the basis that you have provided your consent for us to do so for the purposes set out in this Policy when you submitted your personal data to us. You may withdraw your consent to this processing at any time by contacting us at email@example.com or via the web form on our Contact Us page
9.2 If you do withdraw your consent, we may still be able to process some of the data that you have provided to us on other grounds and will notify you of these at such time.
10 Your information rights
10.1 Data Protection Legislation gives you the right to access information held about you. You are entitled to be told by us whether we or someone else on our behalf is processing your personal information; what personal information we hold; details of the purposes for the processing of your personal information; and details of any third party with whom your personal information has been shared.
10.2 You can access the personal information we hold on you by writing to us at: FAO: Data Protection Officer, One Glass Wharf, Bristol, BS2 0ZX or by contacting firstname.lastname@example.org or by completing our web form via our Contact Us page.
10.3 We will ask you to provide certified copy proof of identity before we show you your personal information – this is so we can prevent unised access.
10.4 You will not usually have to pay a fee to access your personal information (or to exercise any of the other rights). However, in the event that an access request is unfounded, excessive or especially repetitive, we may charge a ‘reasonable fee’ for meeting that request. Alternatively, we may refuse to comply with your request in such circumstances. Similarly, we may charge a reasonable fee to comply with requests for further copies of the same information. (That fee will be based upon the administrative costs of providing the information).
10.5 You have the additional rights to request rectification and erasure of your personal data and to request restriction of, and to otherwise object to, our processing of your personal data and you can exercise these rights at any time by contacting email@example.com or by completing our web form via our Contact Us page.
10.6 You are also entitled to receive the personal data that you have provided to us in a structured, commonly used and machine-readable format, and to transmit that data to another data controller. You can exercise this by contacting us at firstname.lastname@example.org or by completing our web form via our Contact Us page.
11.1 If you consent to us contacting you, we will always aim to be respectful, relevant and appropriate. If at any time you do not think that we have complied with this, please contact us straight away to let us know.
11.2 You also have the right to make a complaint to the Information Commissioner’s Office. For more details please visit the ICO website.
Questions, comments and requests regarding this Policy should be addressed to our Data Protection Officer:
Name: Paul Haggett
Address: One Glass Wharf, Bristol. BS2 0ZX
Email address: email@example.com
Telephone number: +44 (0) 117 939 2262
Alternatively, you can contact us through the Contact Us section of our website.