1. IMPORTANT INFORMATION AND WHO WE ARE
Brighton Legal Ltd is the data controller responsible for the personal data we collect about you and is registered as a data controller with the ICO under registration number ZA287158.
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.
2. THE DATA WE COLLECT ABOUT YOU
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
Identity and Contact Data includes title, name, job title/function, the organisation you work for or are engaged by, email address, social media account, telephone numbers, addresses, passport number.
Business Information Data includes information about you and your work provided in the course of the client relationship between you or your organisation and Brighton Legal, or otherwise voluntarily provided by you or your organisation.
Marketing and Communications Data includes your preferences in receiving marketing from us and your communication preferences.
Technical Data includes information collected during your visits to our website, such as 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 this website.
Profile and Usage Data includes the services you viewed or searched for, page response, times, download errors, length of visits and page interaction information (such as scrolling, clicks and mouse-overs) and any feedback you provide.
Payment Information Data (if you are an individual client or an individual engaged by us to provide goods or services) includes details of payments made in settlement of our invoices as well as bank account details to pay your invoices and your VAT number (where applicable).
Recruitment Data (if you are enquiring about, or applying for, a job with us) includes similar types of information included with Identity and Contact Data, interview notes, references, together with details that you might typically find on a CV, such as employment history, educational or professional background.
We do not intentionally collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences. Please avoid providing any such information to us.
3. HOW IS YOUR PERSONAL DATA COLLECTED?
We may collect your personal data directly. This could happen where you or your organisation is our client or a prospective client or supplier or prospective supplier to us, you communicate with us, you visit us or our website or attend our events.
We may also collect your personal data indirectly. This could happen where your personal data has been provided by:
- one of our members of staff
- someone else from your organisation
- someone else from another organisation with whom your organisation is dealing
- someone who has referred or recommended us to you
- someone involved in recruitment
- anyone else who decides to provide us with your details
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: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 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 obligation
We have set out below, in a table format, a summary of the purposes for which we process your personal data (and which types) and the legal basis we rely on to carry out that processing lawfully.
|Purpose||Type of Personal Data||Legal Basis|
|Setting you or your organisation up as our client||Identity and Contact||Our legitimate interest (the efficient administration of our legal services)
Performance of a contract (where our client is an individual)
|Identification and anti-money laundering checks||Identity and Contact||Legal obligation (complying with statutory or regulatory obligations)|
|Providing and administering legal services on behalf of our clients||Identity and Contact|
|Our legitimate interest (performing our business)
Performance of a contract (where our client is an individual)
|Client relationship management, including dealing with complaints||Identity and Contact|
|Our legitimate interest (providing a good quality service to our clients)|
|Business development and marketing||Identity and Contact|
Profile and Usage
Marketing and Communications
|Our legitimate interest (marketing and promoting our business)|
|Communicating with you – such as (i) in response to an enquiry online (through our website or social media) or offline or (ii) where you are a client or contact of ours, we may provide you with our communications from time to time, such as updates on legal matters or about us (you can ask us to stop sending you marketing messages at any time by contacting us)||Identity and Contact|
Marketing and Communications
|Our legitimate interest (providing a responsive service – where you have made an enquiry – or marketing and promoting our business)|
|Dealing with job applications and recruitment generally||Identity and Contact|
|Our legitimate interest (recruitment of staff for our business)
Performance of a contract (where we employ/engage you)
|Monitoring our service levels and ensuring quality control||Identity and Contact|
Profile and Usage
|Necessary for our legitimate interest (providing a good quality service to clients)|
|Dealing with our insurers, for example where you or your organisation has a claim against us||Identity and Contact|
|Our legitimate interest (risk management)|
|Enforcing any legal claims against you or your organisation, for example for unpaid invoices or defending ourselves against any claims from you or your organisation||Identity and Contact|
|Our legitimate interest (establishing, enforcing or defending a legal claim)|
|Where we have engaged you to provide services to us, receiving the proper benefit of any of those services and administering that engagement||Identity and Contact|
|Our legitimate interest (utilising services we require for our business)
Performance of a contract (where the service provider is an individual, for example, meeting our payment obligations)
|Other purposes required by law||Any of the data set out in Section 2 of this policy||Legal obligation (complying with our statutory or regulatory obligations)|
|Other purposes described at the point of personal data collection||As described at point of collection||As described at point of collection|
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, in compliance with the above rules, where this is required or permitted by law.
5. DISCLOSURES OF YOUR PERSONAL DATA
We may share your personal data with the following categories of recipients:
- our professional advisers such as lawyers, accountants, consultants and marketing specialists
- government or regulatory authorities
- professional indemnity or other relevant insurers
- organisations to whom we outsource certain services including practice management and office management systems, data hosting, website management, email marketing, confidential waste disposal, IT systems or software providers and document and information storage providers
- organisations or individuals engaged by us in the course of providing our services such as individual consultants (or their personal service companies), specialist law firms or barristers
- organisations with whom you or your organisation is dealing and their professional advisers
- service providers to assist us with client insight analytics, such as Google Analytics
postal or courier providers who assist us in delivering documents related to a matter or postal marketing campaigns (where carried out)
- prospective buyers if we propose to sell all or any of our business and assets
- referees when dealing with job applications
We will share your personal data with such recipients only as necessary for the purposes set out in Section 4 and then only to the extent reasonably necessary for the purpose for which we are engaging, communicating or dealing with them.
Where organisations in any of the above categories of recipients are providing us with services that involve them processing personal data on our behalf, they are our data processor.
6. INTERNATIONAL TRANSFERS
Some of our service providers store personal data outside the EEA so their processing of your personal data will involve a transfer of data outside the EEA.
Where this is the case, we will ensure that it will only be transferred to countries that have been identified as providing adequate protection for personal data, or to a third party where we have approved a transfer mechanism in place to protect your personal data – for example, by requiring the service provider to enter into the European Commission’s Standard Contractual Clauses or by ensuring the entity is Privacy Shield certified (for transfers to US-based third parties).
It may be that in the course of providing our services, it is necessary for us to provide your details to organisations which are outside the EEA – for example, seeking local law advice. We will only do this with your prior approval or on the instructions of your organisation.
7. DATA SECURITY
We have put in place appropriate technical and organisational 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
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.
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.
Generally, in respect of client information, our retention period is 6 years following the end of the matter in question. Marketing and communications data will generally be held for 2 years following the last active interaction with you.
Upon expiry of the applicable retention period we will securely destroy your personal data in accordance with applicable laws and regulations.
9. YOUR LEGAL RIGHTS
Under certain circumstances, you have the following rights under data protection laws in relation to your personal data:
Request access to your personal data
This is 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
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 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 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, although this does not apply where you object to our processing for direct marketing purposes.
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 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
This enables you to request the transfer of your personal data to you or to a third party in a structured, commonly used, machine-readable format. Note that this right only applies to personal data that is processed by automated means where we are relying on consent or performance of a contract as the legal basis for the processing.
Right to withdraw consent
This enables you to withdraw consent at any time where we are relying on consent as the legal basis for processing your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent.
Right to complain to a supervisory authority
If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement. The relevant supervisory authority in the UK is the Information Commissioner’s Office. We would, however, appreciate the chance to deal with your concerns before you approach the ICO, so please contact us in the first instance.
If you wish to exercise any of the rights set out above, please contact us.
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.
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.
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.