Marketing and Website Privacy Policy

Introduction

Welcome to RadcliffesLeBrasseur’s privacy policy in relation to our website and marketing activities.

RadcliffesLeBrasseur (referred to as “RadcliffesLeBrasseur”, “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:

  • how we look after and use your personal data when you visit our website (regardless of where you visit it from);
  • how we look after and use your personal data in relation to our marketing activities; and
  • 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 our website and marketing (for example, for legal services or HR, 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 layered 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. DATA RETENTION
  8. YOUR LEGAL RIGHTS
  9. 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:

  • through your use of this website, including any data you, your agent or someone else acting on your behalf, may provide through this website when signing up to our newsletter or other marketing materials or complete and submit a form on our website; or
  • when you click on a link in one of our marketing materials; or
  • in connection with our marketing activities.

This website is not intended for children and we do not knowingly collect data relating to children via this website

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.

Changes to this privacy policy

This version was last updated on 24 May 2018 and historic versions can be obtained by contacting us.

Our website and our automated email footers will state when there have been changes to our privacy policies and how to find a description of the changes.

The need for you to inform us of changes to your personal data

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.

Third party links

This website may include links to third party websites, plug-ins and applications.  Clicking on those links or enabling those connections may allow third parties to collect or share data about you.  We do not control those third party websites and are not responsible for their privacy policies/statements.  When you leave our website, we encourage you to read the privacy policy/statement of every website you visit.

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).

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

  • Identity Data may include first name, middle name(s), last name, username or similar identifier, marital status, title, gender, job title and organisation.
  • Biographical Data about you.
  • Contact Data includes billing address, home or work address, email address and telephone numbers.
  • Financial Data includes bank account and payment card details.
  • Transaction Data includes details about payments to and from you and other details of services you have purchased from 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, other technology on the devices you use to access this website and metadata in documents.
  • Profile Data includes purchases or orders made by you, your interests, preferences, feedback and survey responses.
  • Usage Data includes information about how you use our website and services.
  • Marketing and Communications Data includes your preferences in receiving marketing from us and your communication preferences.

We also collect, use and share “Aggregated Data” such as statistical or demographic data for any purpose.  Aggregated Data may be derived from your personal data but is not considered personal data in law because 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 policy.

Through our website:

  • 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).
  • Nor do we collect any information about criminal convictions and offences.

If, in connection with any of our marketing events, you (or your agent or someone else acting on your behalf) choose to provide to us information that falls within any of the Special Categories of Personal Data (for example, as to religious or philosophical preferences in relation to food, allergies or disabilities), then this privacy policy will apply.

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 services).  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 including through:

  • Direct interactions. You, your agent or someone else acting on your behalf, may give us your Identity, Biographical, Contact, Profile, Usage 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, request, contract for or receive our services;
    2. when you click on a link in one of our marketing materials;
    3. subscribe to our publications;
    4. consent to marketing materials being sent to you or request that we send them to you;
    5. attend an event organised by us, by third parties (where we are participating) or by us and third parties; or
    6. 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. 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.  Please see our Cookie Policy for further details.
  • Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:
    • Technical Data:
      1. from analytics providers (such as, but not only, Google, LinkedIn and AddThis) based inside or outside the UK; we consider that this data may be personal data in the hands of the analytics providers, so please click here to link to the privacy policies of the analytics providers we currently use:
      2. metadata in documents we receive containing Identity, Biographical, Contact and Transaction Data and other personal data.
    • Identity, Biographical and Contact Data in relation to commercial contacts from providers of marketing lists based inside or outside the European Economic Area (“EEA”).
    • Identity, Biographical and Contact Data from publicly availably sources, such as Companies House, corporate websites and professional directories and based inside or outside the European Economic Area (“EEA”).

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 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.

Click here to find out more about the types of lawful basis that we will rely on to process your personal data.

In most cases we do not rely on consent as a legal basis for processing your personal data other than when it is legally required in relation to sending marketing communications via email or other electronic means.  You have the right to object to direct marketing, or withdraw any consent to marketing that you have given, at any time by contacting us at marketing@rlb-law.com or by clicking the unsubscribe link in any marketing email.  You may also manage your marketing preferences through the link at www.rlb-law.com/briefings.

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 our website and our marketing activities, and which of the legal bases we rely on to do so.  We have also identified what our or others’ 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.  Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Purpose/Activity Lawful bases for processing (in no order of priority except in the case of Legitimate Interest as noted below), including basis of Legitimate Interest
To send you direct marketing communications about our available services, events and materials (a)      (Where consent is not legally required) necessary for our Legitimate Interests (to market and run our business)

(b)     (Whether or not consent is legally required) consent where consent has been given by you, your agent or someone else acting on your behalf

To keep records of any consent that you, your agent or someone else acting on your behalf have given to us (a)       Necessary to comply with a legal obligation

(b)       (Where the above does not apply) necessary for our or others’ Legitimate Interests (to market and run our business)

In addition in relation to Special Categories of Personal Data:

(c)        Necessary for the establishment, exercise or defence of legal claims (including, but not only,  in relation to keeping records)

To manage our relationship with you, including, but not only:

(a)      maintaining our contact lists;

(b)     communicating with you about events;

(c)      sending you briefings, newsletters and updates; and

(d)     managing your preferences about how, and about what, you would like us to contact you

(a)       Necessary for Performance of a Contract with you

(b)       Necessary to comply with a legal obligation

(c)        (Where none of the above applies) necessary for our or others’ Legitimate Interests (including, but not only,  in relation to keeping records)

In addition in relation to Special Categories of Personal Data:

(d)     Necessary for the establishment, exercise or defence of legal claims (including, but not only,  in relation to keeping records)

To manage our relationship with you, including, but not only:

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

(b)     asking you to take a survey; and

(c)      retaining your details in a list of those who have objected/unsubscribed from marketing so we can avoid re-sending marketing materials to you

(a)      Necessary to comply with a legal obligation

(b)     (Where the above does not apply) necessary for our Legitimate Interests (to keep our records updated and to study how clients use our services)

To manage marketing events organised by us, by third parties (where we are participating) or by us and third parties, including but not only, to share some of your personal data with a third party who is organising, operating, providing services to, or otherwise assisting with, an event that we are running or participating in where it is appropriate for the running of that event (a)      Necessary for Performance of a Contract with you

(b)     (Where the above does not apply) necessary for our or others’ Legitimate Interests (to run an event and develop business)

To take steps relating to your attendance at, and preferences in relation to, marketing events (e.g. disability access, or allergies or religious or philosophical preferences in relation to food) including but not only, to share that personal data with a third party who is organising, operating, providing services to, or otherwise assisting with, an event that we are running or participating in where it is appropriate for the running of that event (a)      Necessary to comply with a legal obligation

(b)     (Where the above does not apply) necessary for our or others’ Legitimate Interests (to run an event and develop business)

In addition in relation to Special Categories of Personal Data:

(c)      Necessary for the establishment, exercise or defence of legal claims (including, but not only, in relation to keeping records)

(d)     Consent (including by you, your agent or someone else acting on your behalf giving us the information for this purpose)

To perform services for you (a)       Necessary for Performance of a Contract with you

(b)     (Where the above does not apply) necessary for our Legitimate Interests (to run our business)

To manage our financial arrangements with you or anyone else paying for you to attend an event, including, but not only:

(a)      managing payments, fees and charges; and

(b)     collecting and recovering money owed to us

(a)       Necessary for Performance of a Contract with you

(b)     (Where the above does not apply) necessary for our Legitimate Interests (to recover debts due to us)

To enable you to complete a survey Necessary for our Legitimate Interests (to study how clients use our services, to develop them and grow our business)
To administer and protect our business and this website (including, but not only, system maintenance, support, reporting and hosting of data) (a)       Necessary to comply with a legal obligation

(b)       (Where the above does not apply) necessary for our or others’ Legitimate Interests (for running our business, provision of administration and IT services, network security, building security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)

In addition in relation to Special Categories of Personal Data:

(c)        Necessary for the establishment, exercise or defence of legal claims (including, but not only, in relation to keeping records)

(d)       Necessary for reasons of substantial public interest

To improve our website, services, marketing and client relationships, including but not only:

(a)      communicating to our teams about your participation in marketing events; and

(b)     including you in our mailing lists

Necessary for our Legitimate Interests (to define types of clients for our services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
To make suggestions and recommendations to you about services or marketing events that may be of interest to you Necessary for our Legitimate Interests (to develop our services and grow our business)
See “Change of purpose” below See “Change of purpose” below

Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.  We have established a variety of mechanisms by which you can manage your preferences for marketing or register your objection to direct marketing at any time, as follows:

  1. altering your marketing preferences via our website;
  2. using the unsubscribe option that appears on our electronic marketing communications; or
  3. by contacting us at marketing@rlb-law.com.

Updates to your preferences will not be implemented immediately.

Promotional materials and offers from us

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view (though not using automated decision-making) on what we think you may want or need, or what may be of interest to you.  This is how we decide which services, events and offers may be relevant for you (this forms part of our marketing activities).

You will receive marketing communications from us if either or both of the following applies:

  • where your consent is not legally required, where we have a Legitimate Interest for sending marketing communications to you
  • whether or not consent is legally required, where you, your agent or someone else acting on your behalf have given us consent to us sending marketing communications to you.

Marketing by third parties

Except for the limited purpose described in the following paragraph for organising and operating events, we will get your express opt-in consent before we share your personal data with or for any business other than RadcliffesLeBrasseur for the purpose of that other business’s marketing.

The exception to the previous paragraph is that we may share some of your personal data with a third party that is organising, operating, providing services to, or otherwise assisting with, an event that we are participating in where it is appropriate for the running of that event (e.g. to identify who will be attending).

Where you, your agent or someone else acting on your behalf, provide us with information about your disability access needs, or allergies or religious or philosophical preferences in relation to food, we may share that personal data with a third party who is organising, operating, providing services to, or otherwise assisting with, an event that we are running or participating in where it is appropriate for the running of that event.

Opting out

You can ask us to stop sending you marketing messages at any time by:

  1. altering your marketing preferences via our website
  2. using the unsubscribe option that appears on our electronic marketing communications; or
  3. by contacting us at marketing@rlb-law.com

Updates to your preferences will not be implemented immediately.

Where you opt out of receiving marketing messages from us, this will only stop processing for the purposes of sending you further marketing messages.  In relation to the rights you may have to end other processing, please see “Your legal rights”.

Similarly, you can ask third parties to stop sending you marketing messages at any time.

Cookies

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

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 us.

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.

  • External Third Parties as set out in the Glossary.
  • 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.

Whenever we transfer your personal data out of the EEA for marketing purposes, 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 us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

7. 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 from us by contacting us.

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.

8. 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 us.

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:

  • we may charge a reasonable fee; or
  • 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.

9. 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 us.

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).

THIRD PARTIES

External Third Parties

  • Service providers acting as controllers, joint controllers or processors based in the UK, other countries inside or outside the European Economic Area (“EEA”), including but not only the US and Australia, who provide IT (including, but not only, website) and system administration services and services in relation to emails.
  • Third parties who are hosting or supplying to events which we have organised alone or with third parties, or which are organised by third parties but at which we are participating.
  • Where you, your agent or someone else acting on your behalf have consented, attendees who receive attendee lists in respect of events you attend.

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) 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 provide certain services to you.