Privacy Policy for our Legal Services

Introduction

Welcome to RadcliffesLeBrasseur’s privacy policy in relation to legal services.

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:

  1. how we look after and use your personal data provided to us in connection with legal advice and services and any other services that you request from us or we provide to you or others; 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 legal advice and services (for example, for our website and marketing 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 in connection with legal advice and services and any other services that you request from us or we provide to you or others.

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 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.

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.

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 and in any given case the kind of personal data we collect, use, store and transfer will be influenced by the nature of the legal advice and services and any other services that you request from us or we provide to you or others.  We have grouped together kinds of personal data 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, 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 Special Categories of Personal Data and information about criminal convictions and offences.
  • Contact Data includes billing address, home or work address, email address and telephone numbers.
  • Financial Data includes information about your assets and liabilities and transactions you are involved in or affected by and which legal advice and services and any other services that you request from us or we provide to you or others relate to and bank account and payment card details.
  • Transaction Data includes information about your assets and liabilities and transactions you are or have been involved in or affected by, and which legal advice and services and any other services that you request from us or we provide to you or others relate to and payments to and from you and other details of services you have purchased from us.
  • Technical Data for example, in evidence we receive in the course of or relating to legal advice and services and any other services that you request from us or we provide to you or others, or where you log on to online services to give information to us or receive information from us, or otherwise communicate with us through our IT systems, and including 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 log on to our online services 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 services and website.

In the course of our business of providing legal advice and services and other services:

  • We may 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); and
  • We may 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 legal advice or 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 and in any given case the kind of personal data we collect, use, store and transfer will be influenced by the nature of the legal advice and services and any other services that you request from us or we provide to you or others.  We have grouped together kinds of personal data and methods of collection as follows:

  • Direct interactions. You, your agent or someone else acting on your behalf, may give us your Identity, Biographical, Contact, Transaction, Profile, Usage, 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, request, contract for or receive our legal advice and services and any other services; or
    2. give us some feedback,

or when a third party or you, your agent or someone else acting on your behalf, provide information to us in connection with legal advice and services and any other services that you request from us or we provide to you or others.

  • 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. metadata in documents we receive containing Identity, Biographical, Contact and Transaction Data and other personal data;
      2. containing all kinds of personal data in forensic reports on the contents of computers, mobile phones and other devices obtained in connection with legal proceedings, investigations and disputes; and
      3. from your agent or someone else acting on your behalf, or from other parties to, or persons involved in, transactions or legal proceedings.
    • Contact, Financial and Transaction Data from banks and other providers of technical and payment services (including for card payments), such as Spire Payments based inside the European Economic Area (“EEA”).
    • Identity, Biographical and Contact Data from publicly availably sources, such as Companies House, the Electoral Register, corporate websites and professional directories and based inside or outside the European Economic Area (“EEA”).
    • for the purposes of carrying out credit reference checking on corporate clients or prospective corporate clients, Identity, Biographical and Contact Data from credit reference agencies in the United Kingdom, such as Experian, about individuals who are recorded in relation to such corporate clients or prospective corporate clients, which personal data comes from publicly available sources, such as Companies House. Though such credit reference checks should not affect the credit references of such individuals, they may affect the credit references of such corporate clients or prospective corporate clients.
    • credit reference check results, including Identity, Biographical and Contact Data from credit reference agencies about you, might also form part of evidence we receive in the course of the legal advice and services and other services we provide to you or others.
    • Identity, Biographical, Contact, Transaction, Profile, Usage, Technical and Financial Data from barristers, experts, witnesses of fact, testimonial witnesses, other parties to transactions and disputes and their advisers, insurers, insurance brokers, courts, tribunals, mediators, adjudicators, regulators, accountants, enquiry agents, genealogists, estate agents, external debt recovery solicitors, other professionals and service suppliers we use or who are involved in matters we are working on, banks and other financial or investment providers or advisers, and public authorities in the UK and elsewhere.

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.

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 in connection with legal advice and services and any other services that you request from us or we provide to you or others.

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 legal advice and services and any other services that you request from us or we provide to you or others, 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 register you as a new client and/or to deal with any enquiry you make as a prospective client (a)      Necessary to enter into a Contract with you

(b)     Necessary for Performance of a Contract with you

(c)      Necessary to comply with a legal obligation

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

(e)     (Where none of the above applies) necessary for our or others’ Legitimate Interests (to take you on as a client)

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

(g)      Necessary for reasons of substantial public interest

To register someone else as a new client and/or to deal with any enquiry any such person makes as a prospective client (a)      Necessary to comply with a legal obligation

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

(c)      (Where the above does not apply) necessary for our or others’ Legitimate Interests (to take on a client)

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 (including, but not only, in relation to keeping records)

(e)     Necessary for reasons of substantial public interest

To provide legal advice, legal services and other services and deal with enquiries from prospective clients (a)      Necessary for Performance of a Contract with you

(b)     Necessary to comply with a legal obligation

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

(d)     (Where none of the above applies) necessary for our or others’ Legitimate Interests (to run our business and/or provide legal advice and services or other services to you or others)

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

(f)       Necessary for reasons of substantial public interest

To keep records of:

(a)      the legal advice and services and other services we provide to you or others; and

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

(c)      (Where the above does not apply) necessary for our or others’ Legitimate Interests (to run our business and/or provide legal advice and services or other services to you or others)

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 (including, but not only, in relation to keeping records)

(e)     Necessary for reasons of substantial public interest

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

(a)      to carry out our obligations;

(b)     to exercise and defend our rights; and

(c)      to notify you about changes to our services

(a)       Necessary for Performance of a Contract with you

(b)       Necessary to comply with a legal obligation

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

(d)       (Where none of the above applies) necessary for our or others’ Legitimate Interests (to run our business and/or provide legal advice and services or other services to you or others)

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

(f)       Necessary for reasons of substantial public interest

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

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

(b)     asking you to take a survey

(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 take steps relating to your attendance at, and preferences in relation to, attending our offices for meetings (e.g. disability access, or allergies or religious or philosophical preferences in relation to food) (a)      Necessary to comply with a legal obligation

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

(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 manage our financial arrangements with our clients, including, but not only:

(a)      managing payments, fees and charges;

(b)     collecting and recovering money owed to us; and

(c)      carrying out credit reference checks on clients and prospective clients

(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 administer and protect our business (including, but not only, carrying out internal governance, complying with rules applicable to us, maintaining records, carrying out risk assessments and administering and protecting our IT systems and premises) (a)       Necessary to comply with a legal obligation

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

(c)        (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 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 (including, but not only, in relation to keeping records)

(e)       Necessary for reasons of substantial public interest

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 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.

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 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.
  • The following, who may be based inside or outside the European Economic Area (“EEA”), acting as controllers, joint controllers or processors: barristers, experts, witnesses of fact, testimonial witnesses, other parties to transactions and disputes and their advisers, insurers, insurance brokers, courts, tribunals, mediators, adjudicators, regulators, accountants, enquiry agents, genealogists, estate agents, external debt recovery solicitors, other professionals and service suppliers we use or who are involved in matters we are working on, banks and other financial or investment providers or advisers, and public authorities in the UK and elsewhere;
  • HM Revenue & Customs, other tax authorities, regulators, Companies House, the Land Registry and other authorities acting as controllers, joint controllers or processors, based inside or outside the European Economic Area (“EEA”) who require reporting of processing activities in certain circumstances or otherwise for the purposes of, or in connection with the legal advice and services and other services we provide.
  • Any of the following who may be based inside or outside the European Economic Area (“EEA”):
  • Publishers of advertisements we place in relation to missing beneficiaries of estates or trusts and people who read such advertisements
  • Credit Reference Agencies
  • Law enforcement bodies

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 provide certain services to you.