1. Important information
This notice applies to:
prospective, existing and former clients (including employees and representatives of our corporate clients);
individual and business contacts and prospects;
individuals who request information from us;
any person who provides services to us, either as an individual or as the employee or representative of a corporate service provider;
third parties acting for our clients;
parties on the other side of our client matters and lawyers acting for such parties;
website visitors (regardless of where you visit our site from).
Third-party links on our website
2. Who we are
Christian Burnett is a ‘data controller’. This means we are responsible for deciding how we hold and use your personal information.
Our registered address is Level 18, 40 Bank Street, Canary Wharf, London, E14 5NR. We can be contacted on +44 (0) 203 059 7935 and by emailing us at email@example.com.
We are registered with the UK data protection regulator (Information Commissioner’s Office (ICO)). Our unique registration number is Z3267389.
3. The data we collect about you
Personal data, or personal information, means any information about an individual from which that person can be directly or indirectly identified. It does not include data where the identity has been removed. This is known as anonymous data.
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, username or similar identifier, marital status, title, date of birth and gender, job title and role;
Contact Data includes billing address, delivery address, email address and telephone numbers;
Location Data includes historical addresses, areas of residence, correspondence address;
Claims Data includes contract dates, invoice dates, claim reference numbers, instructions;
Financial Data includes bank account and payment card details receipts, income & expenditure data, account information;
Transaction Data includes details about payments to and from you and other details of legal services you have purchased from us or products or services you have supplied to us;
Technical Data includes internet protocol (IP) address, your login data, 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 website and systems;
Profile Data includes your username and password, purchases or orders made by you or with you, your interests, preferences, feedback and survey responses;
Usage Data includes information about how you use our website and legal services including click-stream to, through and from our website (including date and time); elements you viewed or words you searched for; page response times; download errors; length of visits; interaction information (such as scrolling, clicks, and mouse-overs);
Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences;
Aggregated Data: Includes 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.
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) unless we notify you otherwise. Nor do we collect any information about criminal convictions and offences unless we notify you otherwise.
We are required by law to verify the identity of all new clients and, after a period of time, existing clients.
For corporate clients we will need to verify the identity of the directors, shareholders, beneficial owners, management and/or other relevant background information.
We will require evidence of source of funds at the outset, which we may request and/or obtain from third parties. We will also require in some circumstances to make enquiries of any unusual transactions such as the transfer of large amounts of cash.
In some circumstances we may decline to, or may not be permitted to, act until such procedures have been completed. We reserve the right to decline to act or, if appropriate, cease to act should these procedures not be completed to our satisfaction.
If you fail to provide personal information
Where we need to collect personal information 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 services). In this case, we may have to cancel a contract you have with us but we will notify you if this is the case at the time.
4. How is your personal data collected?
We may use different methods to collect data from and about you including through:
You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
apply for our legal services or to supply us with products or services;
fill out an enquiry form on our website;
subscribe to our service or publications;
register for an event held by us;
request marketing to be sent to you;
enter a competition, promotion or survey; or
give us some feedback.
Automated technologies or interactions
As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns from analytics providers such as Google based outside of the EU, advertising networks and search information providers. 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 such as other professionals, witnesses, counsel, employer, partner organisations, credit reference agencies, law enforcement agencies or other background check or fraud prevention agencies.
We may collect information about you from public sources, such as Companies House or the Land Registry, industry regulators (including but not limited to the SRA, FCA, and ICO), or from social media sites.
5. How we may use your personal data
We will only use your personal information when the law allows us to. Most commonly, we will use it in the following circumstances:
Perform the contract
Where we need to perform the contract we are about to enter into or have entered into with you. For example, when we perform our legal services to you.
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. Our legitimate interest will include for example, market research purposes, marketing purposes and appropriate controls to ensure our website, processes and procedures are running effectively. We do not use your personal information 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.
Legal or regulatory obligation
Where we need to comply with a legal or regulatory obligation that we are subject to. This will include maintaining records, compliance checks or screening and recording (e.g. anti-money laundering, financial and credit checks, fraud and crime prevention and detection, trade sanctions and embargo laws). We may also run automated checks of personal data you provide about your identity against relevant databases and contact you to confirm your identity or making records of our communications with you for compliance purposes.
Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.
Purposes for which we will use your data
We have set out below, 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 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.
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
Promotional offers from us
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which legal services, offers and other information (such as in respect of events we may run or news updates we may provide) may be relevant for you (we call this marketing).
You may receive marketing communications from us if you have requested information from us, purchased legal services from us or supplied products or services to us, or if you provided us with your details when you entered a competition or registered for a promotion. In each case, you will only receive such marketing by electronic means (such as by email or text) if you have opted-in to receive that marketing and have not subsequently opted out of receiving that marketing.
We will also get your express opt-in consent before we share your personal data with any company outside the Firm (or our group) for marketing purposes.
You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time.
Cookies and other technologies
Change of purpose
We will only use your personal information 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 we need to use your personal information 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 information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
6. Data Sharing
We may share your personal information with other organisations as required in order to provide our legal services and meet our regulatory obligations. These may include the following:
professional advisers acting as processors or joint controllers (including lawyers, bankers, auditors and insurers based who provide consultancy, banking, legal, insurance and accounting services to us)
IT systems or software providers
IT support service providers
professional indemnity and other relevant insurers
high court enforcement officers
confidential waste disposal
document archiving providers
fraud prevention agencies
regulators (including SRA, FCA, ICO, HMRC)
Legal Ombudsman or Financial Services Ombudsman
external legal service providers, including but not limited to Counsel, Loss Adjusters, or Claims investigators
The following activities are carried out by third party service providers on our behalf: archiving and records management; confidential waste disposal; IT support and maintenance; hosting our website (including analytics); marketing campaigns; carrying out surveys and obtaining feedback on our services.
We may share your information if we refer you to a third-party adviser for specialist advice or if we are prevented from acting for you due to a conflict.
We require all third parties to respect the confidentiality and security of your data and to treat it in accordance with the data protection laws. We do not allow our third-party service providers to use your data for their own purposes and only permit them to process your personal data for specified purposes and by our instructions.
7. Transferring data outside the European Economic Area (EEA)
All our personal information is hosted on servers located within the EEA.
We may transfer the personal information we collect about you to countries outside the EU in order to process your personal information on one of the grounds listed above. It is possible that the European Commission will have deemed such countries adequate. This means we can transfer your personal information to those countries as they will provide an adequate level of protection for your personal information.
However, not all countries to which we may transfer your personal information will be deemed adequate by the European Commission. To ensure that your personal information does receive an adequate level of protection we will put in place standard contractual clauses approved by the European Commission with those third parties wherever necessary. This ensures that your personal information is treated in a way that is consistent with and which respects the applicable laws on data protection.
8. Data Security
Appropriate security measures are in place to prevent your personal information from being lost, used or accessed in an unauthorised way, altered or disclosed.
A procedure is in place to deal with any suspected data security breach. We will notify you together with our regulatory body of a suspected breach where we are legally required to do so.
Third parties will only process your personal information on our instructions and where they have agreed to treat the information confidentially and to keep it secure.
9. Data Retention
How long will we keep your information?
We will only retain your personal information for as long as is necessary to fulfill the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal information, we consider the amount, nature and sensitivity of the personal information, the potential risk of harm from unauthorised use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.
Where a minimum retention period is required by law (such as retaining records for HMRC purposes or for compliance with the SRA requirements, or anti-money laundering law), we comply with that minimum period. We retain client documents in line with the Law Society's recommended retention periods, and apply the same rules to electronic files as to paper files.
If we carry out an enquiry or quotation following your contact with us (either via our website, email, telephone or in person) and you have decided not to use our services, this information will be kept for a year prior to being deleted unless you ask for it to be deleted sooner.
If for any reason we are required to retain your information longer than our standard retention periods, we will let you know (unless we are prevented by law from doing so).
10. Your rights over your personal data
Under certain circumstances you have rights under data protection laws in relation to your personal data, to include:
Right of access - commonly referred to as subject access, gives you the right to obtain a copy of the personal information we hold on you.
Right to rectification – you have a right to correct personal information that is held about you if it is inaccurate or incomplete.
Right to withdraw consent - in the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we are required to continue to process your information in accordance with another lawful basis which has been notified to you.
Right to erasure – in certain circumstances you have the right to ask us to delete or remove your personal information. This is also known as the ‘right to be forgotten’. The right is not absolute and only applies in certain circumstances.
Right to restrict processing - in certain circumstances you have the right to restrict the processing of your personal data. This means that you can limit the way we use your data and is an alternative to requesting the erasure of your data.
Right to data portability – you have the right to have the personal data we hold about you to be transferred to another organisation in a structured, commonly used and machine-readable format. It also gives you the right to request that we provide this data directly to another data controller.
Right to object – this gives you the right to object to us processing your personal data, however this right only applies in certain circumstances.
What we need from you
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 the request in such circumstances.
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 several requests. In this case, we will notify you and keep you updated.
If you wish to exercise any of the rights set out above, please contact us.
11. Right to complain
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. We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance. The ICO website is https://ico.org.uk.
Your duty to inform us of changes
It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during our engagement with you.
We reserve the right to update this policy at any time. We recommend that you regularly check our website for updates to ensure you are happy with any changes. This version was last updated in December 2018.