HR Privacy Policy

Introduction

Welcome to RadcliffesLeBrasseur’s privacy policy in relation to HR.

RadcliffesLeBrasseur (referred to as “RadcliffesLeBrasseur”, “the firm”, “we”, “us” or “our” in this privacy policy) respects your privacy and is committed to protecting your personal data.  This privacy policy will tell you about:

  1. how we look after and use your personal data provided to us before, during and after your working relationship with us; and
  2. your privacy rights under data protection law including the General Data Protection Regulation (and data protection law made under that regulation) and how that law protects you.

In addition to the above, where we use personal data for purposes other than in relation to your working relationship with us (for example, in connection with legal advice and services, for our website and marketing, or personal data that we collect in accordance with our “know your client” obligations under the UK anti-money laundering and terrorist finance regulations) we have separate privacy policies which describe what personal data we collect for those purposes and what we do with such personal data.  Please click here to go to a page containing links to such separate privacy policies.

This privacy policy is provided in a format so you can click through to the specific areas set out below.  Please also use the Glossary to understand the meaning of some of the terms used in this privacy policy.

  1. IMPORTANT INFORMATION AND WHO WE ARE
  2. THE DATA WE COLLECT ABOUT YOU
  3. HOW IS YOUR PERSONAL DATA COLLECTED
  4. HOW WE USE YOUR PERSONAL DATA
  5. DISCLOSURES OF YOUR PERSONAL DATA
  6. INTERNATIONAL TRANSFERS
  7. PERSONAL DATA YOU STORE ON OUR IT SYSTEMS AND EQUIPMENT
  8. DATA RETENTION
  9. YOUR LEGAL RIGHTS
  10. GLOSSARY
Changes to our Privacy Policies

Our privacy policies are updated from time to time.  Most recently they were updated on 24 May 2018.  Please click here to find out about the changes.  Please go to the guide to our privacy policies to find a link to our current privacy policy that is relevant to you.

Please check back frequently to see any updates or changes to our privacy policies.

1. Important information and who we are

Purpose of this privacy policy

This privacy policy aims to give you information about how RadcliffesLeBrasseur collects and processes your personal data before, during and after your working relationship with us.

This notice applies to current and former employees, partners, workers and contractors. This notice does not form part of any contract of employment or other contract to provide services or any partnership agreement. We may update this notice at any time but if we do so, we will provide you with an updated copy of this notice as soon as reasonably practicable.

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

Controller

RadcliffesLeBrasseur is a data controller of your personal data to which this privacy policy relates.

We have appointed a data protection officer (“DPO”) whose role includes overseeing questions in relation to this privacy policy.  If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact our DPO using the details set out below.

Contact details

Our contact details are:

Our full name:  RadcliffesLeBrasseur

DPO contact name:  The Data Protection Officer

Email and postal address for contacting us and our DPO:

Email address:  privacy@rlb-law.com

Postal address:  85 Fleet Street, London EC4Y 1AE

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.

The need for you to inform us of changes to personal data about you or others

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 by contacting us. Please contact the Head of HR, Erika Ely on erika.ely@rlb-law.com.

Similarly, it is important that the personal data we hold about others is accurate and current.  Please keep us informed if others’ personal data that you have given us changes during your relationship with us by contacting us.  Please contact the Head of HR, Erika Ely.

2. The data we collect about you

Personal data means any information about a living individual from which that person can be identified.  It does not include data where the identity has been removed (anonymous data).

There are “special categories” of more sensitive personal data which require a higher level of protection, such as information about a person’s health or sexual orientation.

  • Identity Data may include first name, middle name(s), last name, username or similar identifier, marital status, title, gender, job title and organisation, National Insurance number, passport number and/or photograph, driving licence number and/or photograph, NHS number, unique tax reference (UTR) number, national identity card number and/or photograph and your number with any regulator or other organisation you are registered with.
  • Biographical Data about you, which may include a CV, your marital status, date of birth, details of next of kin, spouse/partner and dependants. This may include Special Categories of Personal Data (see below).
  • Contact Data includes home or work address, email address and landline and mobile numbers, emergency contact details.
  • Financial Data includes your bank account details, credit/debit card details, payroll records, and tax status information.
  • Employment Data includes information about your employment: status, start date, date of continuous employment (if this is different), Recruitment information (including copies of right to work documentation, references and other information included in a CV or cover letter or as part of the application process), Employment records (including job titles, work history, workplace, working hours, holidays, training records (and professional memberships), Compensation history, performance information, Disciplinary and Grievance Information, pension and benefits information, leaving date and reason for leaving.
  • Technical Data including information about your use of our information and communications systems, including CCTV footage and other information obtained through electronic means such as swipe card records for example, usage of mobile and office phones, computers (including login and log off times, which programs and files used and worked on and for how long), internet usage (including which websites visited), online resources (including PLC, Westlaw and other online resources), digital dictation (including who picks up and types “firmwide” and other dictated files and for whom), usage of photocopiers, records of out of office working using Citrix, records of who emails are sent to and received from (including but not only to and from personal email addresses);
  • Profile Data includes information on your interests, preferences, feedback and survey responses.

In the course of your working relationship with us:

  • We may collect any Special Categories of more sensitive personal data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions and trade union membership, and
  • Other Special Categories personal data we may collect about you include information about your health, any medical condition, health and sickness records, absence, sickness absence, maternity leave and parental leave records, and information connected to an permanent health or death in service claim; and
  • We may also collect information about criminal convictions and offences relating to you.

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 a benefit).  In this case, we may have to cancel or not provide a service you have requested from us or we are providing under a contract with 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 personal data from and about you.

We have grouped together kinds of personal data and methods of collection as follows:

  • Direct interactions. You, an employment agent or someone else acting on your behalf, may give us your Identity, Biographical, Contact, Employment, Profile, Technical and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data provided when you, your agent or someone else acting on your behalf:
    1. enquire about a vacancy or apply for a post or position; or
    2. enter into an employment contract with us; or
    3. begin a contract as a worker or contractor; or
    4. become a partner in the firm,
  • Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:
    • We may sometimes collect additional information from third parties including former employers, credit reference agencies, Disclosure and Barring Agencies, regulators such as the SRA or other background check agencies.
    • We may also collect personal information from the trustees or managers of pension arrangements operated by a group company.
    • We will collect additional personal information in the course of job-related activities throughout the period of you working for us or being a partner in the firm.

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 in order to enter into or perform a contract with you.
  • Where we need to for the establishment, exercise or defence of legal claims.
  • Where we need to comply with a legal obligation.
  • Where necessary for the performance of a task carried out in the public interest.
  • 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.

We may also use your personal information in the following situations, which are likely to be rare:

  • Where we need to protect your interests (or someone else’s interests).
  • Where it is needed in the public interest.

In most cases we do not rely on consent as a legal basis for processing your personal data in connection with your working relationship with 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 in connection with your working relationship with us, 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 on more than one lawful ground depending on the specific purpose or purposes for which we are using your data.

Purpose/Activity Lawful bases for processing (in no order of priority except in the case of Legitimate Interest as noted below), including basis of Legitimate Interest
Making a decision about your recruitment or appointment or (in the case of prospective partners) appointment to partnership. (a)    Necessary for compliance with a legal obligation

(b)    Necessary to enter into a contract with you

(c)     Necessary for Performance of a Contract with you

(d)    (Where none of the above applies) necessary for our Legitimate Interests (to take you on as an employee, worker, contractor or partner)

In addition in relation to Special Categories of Personal Data and, where such a basis is required, in relation to information about criminal convictions and offences:

(e)    (In cases of employee recruitment) necessary for compliance with a legal obligation relating to employment to which we are subject

(f)     Necessary for the establishment, exercise or defence of legal claims

Determining the terms on which you work for us or (in the case of prospective partners) be appointed to partnership. (a)    Necessary for compliance with a legal obligation

(b)    Necessary to enter into a contract with you

(c)     Necessary for Performance of a Contract with you

(d)    (Where none of the above applies) necessary for our Legitimate Interests (to take you on as an employee, worker, contractor or partner)

In addition in relation to Special Categories of Personal Data and, where such a basis is required, in relation to information about criminal convictions and offences:

(e)    (In the case of employees) necessary for compliance with a legal obligation relating to employment to which we are subject

(f)     Necessary for the establishment, exercise or defence of legal claims

Checking you are legally entitled to work in the UK. (a)    Necessary for compliance with a legal obligation

(b)    Necessary to enter into a contract with you

(c)     Necessary for Performance of a Contract with you

(d)    (Where none of the above applies) necessary for our Legitimate Interests (to protect us and take you on as an employee, worker, contractor or partner)

In addition in relation to Special Categories of Personal Data and, where such a basis is required, in relation to information about criminal convictions and offences:

(e)    (In the case of employees) necessary for compliance with a legal obligation relating to employment to which we are subject

(f)     Necessary for reasons of substantial public interest

(g)    Necessary for the establishment, exercise or defence of legal claims

Circulating a photograph of you internally and on our website. (a)      We will obtain your specific consent. It is not a condition of your employment that you agree to provide consent and you may withdraw your consent at any time.
Paying you and, if you are an employee or deemed employee for tax purposes, deducting tax and National Insurance contributions (NICs) or (in the case of partners) paying sums due to you as a partner. (a)    Necessary for compliance with a legal obligation

(b)    Necessary for Performance of a Contract with you

(c)     (Where none of the above applies) necessary for our Legitimate Interests (to manage our financial affairs and pay money due to you on as an employee, worker, contractor or partner)

In addition in relation to Special Categories of Personal Data and, where such a basis is required, in relation to information about criminal convictions and offences:

(d)    (In the case of employees) necessary for compliance with a legal obligation relating to employment to which we are subject

(e)    Necessary for the establishment, exercise or defence of legal claims

Providing the following benefits to you: Private Medical Insurance, Death in service, Permanent Health Insurance (a)  Necessary for compliance with a legal obligation

(b)    Necessary to enter into a contract with you

(c)     Necessary for Performance of a Contract with you

(d)    (Where none of the above applies) necessary for our Legitimate Interests (to manage our financial affairs and provide benefits to you on as an employee, worker, contractor or partner)

In addition in relation to Special Categories of Personal Data and, where such a basis is required, in relation to information about criminal convictions and offences:

(e)    (In the case of employees) necessary for compliance with a legal obligation relating to employment to which we are subject

(f)     Necessary for the establishment, exercise or defence of legal claims

Enrolling you in a pension arrangement in accordance with our statutory automatic enrolment duties (a)    Necessary for compliance with a legal obligation

(b)    Necessary to enter into a contract with you

(c)     Necessary for Performance of a Contract with you

(d)    (Where none of the above applies) necessary for our Legitimate Interests (to manage our financial affairs and provide benefits to you on as an employee, worker, contractor or partner)

In addition in relation to Special Categories of Personal Data and, where such a basis is required, in relation to information about criminal convictions and offences:

(e)    (In the case of employees) necessary for compliance with a legal obligation relating to employment to which we are subject

(f)     Necessary for the establishment, exercise or defence of legal claims

Liaising with the trustees or managers of a pension arrangement operated by a group company, your pension provider and any other provider of employee or partner benefits or benefits broker (a)    Necessary for compliance with a legal obligation

(b)    Necessary to enter into a contract with you

(c)     Necessary for Performance of a Contract with you

(d)    (Where none of the above applies) necessary for our Legitimate Interests (to manage our financial affairs and provide benefits to you on as an employee, worker, contractor or partner)

In addition in relation to Special Categories of Personal Data and, where such a basis is required, in relation to information about criminal convictions and offences:

(e)    (In the case of employees) necessary for compliance with a legal obligation relating to employment to which we are subject

(f)     Necessary for the establishment, exercise or defence of legal claims

Administering the contract we have entered into with you or (in the case of partners) your partnership in our firm (a)    Necessary for compliance with a legal obligation

(b)    Necessary to enter into a contract with you

(c)     Necessary for Performance of a Contract with you

(d)    (Where none of the above applies) necessary for our Legitimate Interests (to manage our business)

In addition in relation to Special Categories of Personal Data and, where such a basis is required, in relation to information about criminal convictions and offences:

(e)    (In the case of employees) necessary for compliance with a legal obligation relating to employment to which we are subject

(f)     Necessary for the establishment, exercise or defence of legal claims

Business management and planning, including accounting and auditing (a)    Necessary for compliance with a legal obligation

(b)    Necessary for Performance of a Contract with you

(c)     (Where none of the above applies) necessary for our Legitimate Interests (to manage our business, including to manage you as an employee, worker, contractor or partner)

In addition in relation to Special Categories of Personal Data and, where such a basis is required, in relation to information about criminal convictions and offences:

(d)    (In the case of employees) necessary for compliance with a legal obligation relating to employment to which we are subject

(e)    Necessary for the establishment, exercise or defence of legal claims

Conducting performance reviews, managing performance and determining performance requirements (a)    Necessary for compliance with a legal obligation

(b)    Necessary for Performance of a Contract with you

(c)     (Where none of the above applies) necessary for our Legitimate Interests (to manage our business, including to manage you as an employee, worker, contractor or partner)

In addition in relation to Special Categories of Personal Data and, where such a basis is required, in relation to information about criminal convictions and offences:

(d)    (In the case of employees) necessary for compliance with a legal obligation relating to employment to which we are subject

(e)    Necessary for the establishment, exercise or defence of legal claims

Making decisions about salary reviews, commission and remuneration, or (in the case of partners) making decisions about profit share reviews and commission due to you as a partner. (a)    Necessary for compliance with a legal obligation

(b)    Necessary for Performance of a Contract with you

(c)     (Where none of the above applies) necessary for our Legitimate Interests (to manage our business, including to manage you as an employee, worker, contractor or partner)

In addition in relation to Special Categories of Personal Data and, where such a basis is required, in relation to information about criminal convictions and offences:

(d)    (In the case of employees) necessary for compliance with a legal obligation relating to employment to which we are subject

(e)    Necessary for the establishment, exercise or defence of legal claims

Assessing qualifications for a particular job or task, including decisions about promotions (a)    Necessary for compliance with a legal obligation

(b)    Necessary to enter into a contract with you

(c)     Necessary for Performance of a Contract with you

(d)    (Where none of the above applies) necessary for our Legitimate Interests (to manage our business, including to manage you as an employee, worker, contractor or partner)

In addition in relation to Special Categories of Personal Data and, where such a basis is required, in relation to information about criminal convictions and offences:

(e)    (In the case of employees) necessary for compliance with a legal obligation relating to employment to which we are subject

(f)     Necessary for the establishment, exercise or defence of legal claims

Gathering evidence for possible grievance or disciplinary hearings (a)    Necessary for compliance with a legal obligation

(b)    Necessary for Performance of a Contract with you

(c)     (Where none of the above applies) necessary for our Legitimate Interests (to manage our business, including to manage you as an employee, worker, contractor or partner)

In addition in relation to Special Categories of Personal Data and, where such a basis is required, in relation to information about criminal convictions and offences:

(d)    (In the case of employees) necessary for compliance with a legal obligation relating to employment to which we are subject

(e)    Necessary for the establishment, exercise or defence of legal claims

Making decisions about your continued employment or engagement or (in the case of partners) continuation as a partner in the partnership (a)    Necessary for compliance with a legal obligation

(b)    Necessary for Performance of a Contract with you

(c)     (Where none of the above applies) necessary for our Legitimate Interests (to manage our business, including to manage you as an employee, worker, contractor or partner)

In addition in relation to Special Categories of Personal Data and, where such a basis is required, in relation to information about criminal convictions and offences:

(d)    (In the case of employees) necessary for compliance with a legal obligation relating to employment to which we are subject

(e)    Necessary for the establishment, exercise or defence of legal claims

Making arrangements for the termination of our working relationship or (in the case of partners) you continuing as a partner in the partnership (a)    Necessary for compliance with a legal obligation

(b)    Necessary to enter into a contract with you

(c)     Necessary for Performance of a Contract with you

(d)    (Where none of the above applies) necessary for our Legitimate Interests (to manage our business, including to manage you as an employee, worker, contractor or partner)

In addition in relation to Special Categories of Personal Data and, where such a basis is required, in relation to information about criminal convictions and offences:

(e)    (In the case of employees) necessary for compliance with a legal obligation relating to employment to which we are subject

(f)     Necessary for the establishment, exercise or defence of legal claims

Education, training and development requirements (a)    Necessary for compliance with a legal obligation

(b)    Necessary for Performance of a Contract with you

(c)     (Where none of the above applies) necessary for our Legitimate Interests (to manage our business, including to manage you as an employee, worker, contractor or partner)

In addition in relation to Special Categories of Personal Data and, where such a basis is required, in relation to information about criminal convictions and offences:

(d)    Necessary for the establishment, exercise or defence of legal claims

Dealing with legal disputes involving you, or other employees, partners, workers and contractors, including accidents at work (a)    Necessary for compliance with a legal obligation

(b)    Necessary to enter into a contract with you

(c)     Necessary for Performance of a Contract with you

(d)    (Where none of the above applies) necessary for our Legitimate Interests (to manage our business, including to manage you as an employee, worker, contractor or partner)

In addition in relation to Special Categories of Personal Data and, where such a basis is required, in relation to information about criminal convictions and offences:

(e)    (In the case of employees) necessary for compliance with a legal obligation relating to employment to which we are subject

(f)     Necessary for the establishment, exercise or defence of legal claims

Ascertaining your fitness to work (a)    Necessary for compliance with a legal obligation

(b)    Necessary to enter into a contract with you

(c)     Necessary for Performance of a Contract with you

(d)    (Where none of the above applies) necessary for our Legitimate Interests (to manage our business, including to manage you as an employee, worker, contractor or partner)

In addition in relation to Special Categories of Personal Data and, where such a basis is required, in relation to information about criminal convictions and offences:

(e)    (In the case of employees) necessary for compliance with a legal obligation relating to employment to which we are subject

(f)     Necessary for reasons of substantial public interest

(g)    Necessary for the establishment, exercise or defence of legal claims

Managing sickness absence (a)    Necessary for compliance with a legal obligation

(b)    Necessary for Performance of a Contract with you

(c)     (Where none of the above applies) necessary for our Legitimate Interests (to manage our business, including to manage you as an employee, worker, contractor or partner)

In addition in relation to Special Categories of Personal Data and, where such a basis is required, in relation to information about criminal convictions and offences:

(d)    (In the case of employees) necessary for compliance with a legal obligation relating to employment to which we are subject

(e)    Necessary for the establishment, exercise or defence of legal claims

Complying with health and safety obligations and dealing with work place injuries (a)    Necessary for compliance with a legal obligation

(b)    Necessary to enter into a contract with you

(c)     Necessary for Performance of a Contract with you

(d)    (In a medical emergency) necessary to protect your vital interests

(e)    (Where none of the above applies) necessary for our Legitimate Interests (to manage our business, including to manage you as an employee, worker, contractor or partner)

In addition in relation to Special Categories of Personal Data and, where such a basis is required, in relation to information about criminal convictions and offences:

(f)     (In the case of employees) necessary for compliance with a legal obligation relating to employment to which we are subject

(g)    (In a medical emergency) necessary to protect your vital interests where you are physically or legally incapable of giving consent

(h)    Necessary for the establishment, exercise or defence of legal claims

For the prevention and detection of crime, including but not only fraud (a)    Necessary for compliance with a legal obligation

(b)    Necessary for performing a task in the public interest

(c)     Necessary to enter into a contract with you

(d)    Necessary for Performance of a Contract with you

(e)    (Where none of the above applies) necessary for our Legitimate Interests (to manage our business, including to manage you as an employee, worker, contractor or partner)

In addition in relation to Special Categories of Personal Data and, where such a basis is required, in relation to information about criminal convictions and offences:

(f)     (In the case of employees) necessary for compliance with a legal obligation relating to employment to which we are subject

(g)    Necessary for reasons of substantial public interest

(h)    Necessary for the establishment, exercise or defence of legal claims

To monitor your use of our information and communication systems to ensure compliance with our IT policies (a)    Necessary for compliance with a legal obligation

(b)    Necessary for Performance of a Contract with you

(c)     (Where none of the above applies) necessary for our Legitimate Interests (to manage our business, including to manage you as an employee, worker, contractor or partner)

In addition in relation to Special Categories of Personal Data and, where such a basis is required, in relation to information about criminal convictions and offences:

(d)    (In the case of employees) necessary for compliance with a legal obligation relating to employment to which we are subject

(e)    Necessary for the establishment, exercise or defence of legal claims

To manage network and information security, including preventing unauthorised access to our computer and electronic communications systems and preventing malicious software distribution (a)    Necessary for compliance with a legal obligation

(b)    Necessary for Performance of a Contract with you

(c)     Necessary for performing a task in the public interest

(d)    (Where none of the above applies) necessary for our Legitimate Interests (to manage our business, including to manage you as an employee, worker, contractor or partner)

In addition in relation to Special Categories of Personal Data and, where such a basis is required, in relation to information about criminal convictions and offences:

(e)    (In the case of employees) necessary for compliance with a legal obligation relating to employment to which we are subject

(f)     Necessary for the establishment, exercise or defence of legal claims

(g)    Necessary for reasons of substantial public interest

To conduct data analytics studies to review and better understand employee and partner retention and attrition rates (a)    Necessary for compliance with a legal obligation

(b)    Necessary for Performance of a Contract with you

(c)     (Where none of the above applies) necessary for our Legitimate Interests (to manage our business, including to manage you as an employee, worker, contractor or partner)

In addition in relation to Special Categories of Personal Data and, where such a basis is required, in relation to information about criminal convictions and offences:

(d)    (In the case of employees) necessary for compliance with a legal obligation relating to employment to which we are subject

(e)    Necessary for the establishment, exercise or defence of legal claims

Equal opportunities monitoring (a)    Necessary for compliance with a legal obligation

(b)    Necessary to enter into a contract with you

(c)     Necessary for Performance of a Contract with you

(d)    (Where none of the above applies) necessary for our Legitimate Interests (to manage our business, including to manage you as an employee, worker, contractor or partner)

In addition in relation to Special Categories of Personal Data and, where such a basis is required, in relation to information about criminal convictions and offences:

(e)    (In the case of employees) necessary for compliance with a legal obligation relating to employment to which we are subject

(f)     Necessary for the establishment, exercise or defence of legal claims

Reimbursing expenses (a)    Necessary for compliance with a legal obligation

(b)    Necessary for Performance of a Contract with you

(c)     (Where none of the above applies) necessary for our Legitimate Interests (to manage our business, including to manage our financial affairs, to manage you as an employee, worker, contractor or partner and to pay money due to you)

In addition in relation to Special Categories of Personal Data and, where such a basis is required, in relation to information about criminal convictions and offences:

(d)    (In the case of employees) necessary for compliance with a legal obligation relating to employment to which we are subject

(e)    Necessary for the establishment, exercise or defence of legal claims

Providing references during or after the period of working relationship or partnership We will obtain your consent.  It is not a condition of your employment that you agree to provide consent and you may withdraw your consent at any time.
See “Change of purpose” below. See “Change of purpose” below.

Change of purpose

Except as noted below, we will only use your personal data for the purposes for which we collected it, or have previously notified to you, except where further processing is compatible with those purposes.  If you wish to get an explanation as to how the processing for the new purpose is compatible with the previous purpose(s), please contact the Head of HR, Erika Ely.

Except as noted below, if we propose to use your personal data for a purpose which is not compatible with those previously notified, we will notify you and we will explain the legal basis which allows us to do so.

Please note that, as exceptions to the two previous paragraphs, 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 paragraph 4 above.  We require third parties data processors acting on our behalf to respect the security of your data and to treat it in accordance with the law. If we do share your data, you can expect a similar degree of protection in respect of your personal information.  All our third-party data processors are required to take appropriate security measures to protect your personal information in line with our policies.  We do not authorise our third-party data processors to use your personal data for their own purposes.  We only permit them to process your personal data for specified purposes and in accordance with our instructions.

  • External Third Parties such as HMRC, UK Border Authority, payroll providers, benefits brokers and providers, pension providers and Trustees, prospective employers, landlords, managing agents, academic institutions or lenders, or their agents, regulators such as the SRA or the Pension Regulator.
  • Third parties who you, your agent or someone else acting on your behalf have consented to us sharing your personal data with.
  • Third parties to whom we may choose to sell or transfer all or part of our business or 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.

6. International transfers

Some of the third parties we may transfer your personal data to are based outside the European Economic Area (“EEA”), so their processing of your personal data will involve a transfer of data outside the EEA.

When we transfer your personal data out of the EEA, which may include special categories of personal data or information about criminal convictions and offences, the transfer may be in one of the specific situations described in Article 49 of the GDPR, which include, but are not limited to:

  • the transfer is necessary for Performance of a Contract between you and us or to take pre-contractual steps at your request;
  • the transfer is necessary for the entering into or Performance of a Contract made in your interest between us and a third party;
  • the transfer is necessary for the establishment, exercise or defence of legal claims;
  • the transfer is necessary for important reasons of public interest; or
  • we may have obtained consent for the transfer from you, your agent or someone else acting on your behalf.

Whenever we transfer your personal data out of the EEA, where the transfer is not in one of the specific situations described in Article 49 of the GDPR then at least one of the following safeguards shall apply:

  • The transfer of your personal data is to country that has been deemed to provide an adequate level of protection for personal data by the European Commission.
  • The transfer of your personal data is to country that does not provide an adequate level of protection for personal data but is to certain providers with whom we use specific contract terms approved by the European Commission which give personal data the same protection it has in the EEA.
  • Where we use providers based in the US who are participating in the Privacy Shield (which requires them to provide similar protection to personal data shared between the Europe and the US), we may transfer data to them based on their participation in the Privacy Shield, though we may also use alternative means to permit such transfers.

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

7. Personal Data that you store on our IT systems and equipment

You are responsible for applying what you regard as appropriate security settings to any of your “Private Information” (i.e. information that does not relate to the firm’s business) that you store on any part of the firm’s IT systems and equipment, whether or not it contains personal data or is or is not confidential, and even if it is stored in or under a “Personal Non-Business” (or similar) email folder or file number.

Please note that any of your Private Information (whether stored in emails, documents or otherwise) will be accessible and may be viewed by the IT Department, the HR Department and anyone else with access to your emails or (in the case of documents etc held in Worksite) the Worksite system (with the exception of any documents that are effectively protected by password).

Such access and viewing may occur at any time both during your time with the firm and after you have left the firm.

It is your responsibility to transfer and/or delete any such Private Information from the firm’s IT systems and equipment. We accept no responsibility for either retaining or deleting any such Private Information, whether during your time with the firm and after you have left the firm.

8. Data retention

How long will we use your personal data?

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.

Details of retention periods for different aspects of your personal data are available in our retention policy which you can request by contacting Erika Ely, Head of HR.

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. Please click on the links below to find out more about these rights:

If you wish to exercise any of the rights set out above, please contact the Head of HR, Erika Ely.

No fee usually required

Except as described below, you will not have to pay a fee to access your personal data (or to exercise any of the other rights).

As exceptions to the previous sentence, if your request is clearly unfounded, repetitive or excessive:

  1. we may charge a reasonable fee; or
  2. alternatively, we may refuse to comply with your request in those circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and verify your right to access the requested personal data (or to exercise any of your other rights).  This is a security measure to reduce the risk of disclosure of personal data 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 in conducting and managing our business or a third party’s interest (for example in relation to a third party’s business).  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 Legitimate Interests.  We will not rely on the “Legitimate Interests” ground for processing your personal data where our, or the third party’s, interests are overridden by the impact on you, but we may still process it if we have consent from you, your agent or someone else acting on your behalf, 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 the Head of HR, Erika Ely.

Performance of a 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 (which, amongst other legal obligations, includes any regulatory obligation where there is a statutory basis underpinning the regulatory regime and which requires regulated organisations to comply).

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 request a copy of personal data we hold about you and to check that we are processing it lawfully.  However, this right to receive a copy of personal data is subject to a number of limitations and must not adversely affect the rights and freedoms of others.

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, your agent or someone else acting on your behalf, 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 law.  Note, however, that we will not always be required to comply with your request for erasure because of specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing:

  1. you have the right to object where we are processing your personal data for direct marketing purposes; and
  2. you have the right to object to processing of your personal data where we are relying on:
    • our Legitimate Interests (or those of a third party); or
    • the ground that the processing is necessary for the performance of a task carried out in the public interest,

and there is something about your particular situation which makes you want to object to processing on this ground (b) because you feel it impacts on your fundamental rights and freedoms.  In some cases, we may demonstrate that there are compelling legitimate grounds to process your personal data 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:

  1. where you contest the accuracy of your personal data, such suspension to be for a period enabling us to verify the accuracy of the personal data;
  2. where our processing of your personal data is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;
  3. where we no longer need the personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defence of legal claims; or
  4. you have objected to processing pursuant to the right described in paragraph (b) of the description of your right to “Object to processing” described above, pending the verification whether there are compelling legitimate grounds to process your personal data which override your rights and freedoms.

Request transfer to you or to a third party of certain kinds of personal data about you.  We will provide to you, or a third party you have chosen, those kinds of personal data about you in a structured, commonly used, machine-readable format.  Note that this right only applies to personal data that is processed by automated means which you, your agent or someone else acting on your behalf initially provided to us and which you, your agent or someone else acting on your behalf, initially provided consent for us to use or that we used to perform a contract with you.

Right to withdraw consent at any time where we are relying on consent as the lawful ground to process your personal data under the GDPR.  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 do certain things for you.