{"id":133,"date":"2021-06-23T14:52:47","date_gmt":"2021-06-23T14:52:47","guid":{"rendered":"https:\/\/elbornes.com\/?page_id=133"},"modified":"2023-12-21T17:29:40","modified_gmt":"2023-12-21T17:29:40","slug":"privacy-notice","status":"publish","type":"page","link":"https:\/\/elbornes.com\/privacy-notice\/","title":{"rendered":"Privacy Notice"},"content":{"rendered":"\t\t
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ELBORNE MITCHELL LLP PRIVACY NOTICE<\/h2>\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Introduction<\/h2>\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Elborne Mitchell LLP respects your privacy and is committed to protecting your personal data. This Privacy Notice will inform you about how Elborne Mitchell LLP collects, controls, processes and uses your Personal Data, including any data you may provide through our website, if you subscribe or receive our newsletters, register for events or send us an enquiry. This Notice tells you about your privacy rights and how UK law protects you.<\/p>

It is important that you read this Privacy Notice together with any other Privacy Notice or fair processing notice 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.<\/p>

Please see the Glossary of terms at the end of this Privacy Notice to understand the meaning of some of the terms used in it. You can also download a\u00a0pdf version<\/a>\u00a0of this Notice.<\/p>

1. IMPORTANT INFORMATION AND WHO WE ARE<\/strong><\/p>

Purpose of this Privacy Notice<\/h5>

Elborne Mitchell LLP is a limited liability partnership registered in England and Wales practising as solicitors and regulated by the Solicitors Regulation Authority. It is referred to in this Privacy Notice as \u201cwe\u201d, \u201cus\u201d or \u201cour.\u201d \u201cYou\u201d refers to you and every individual and\/or organisation you are representing when accessing our website.<\/p>

This website is not intended for children and we do not knowingly collect data relating to children.<\/p>

Controller<\/h5>

Elborne Mitchell LLP acts as a controller and is responsible for the personal data you provide.<\/p>

We have appointed a data privacy manager and if you have any questions about this Privacy Notice, including any requests to exercise your legal rights, please use the following details:<\/p>

Elborne Mitchell LLP Data Privacy Manager
gdpr@elbornes.com<\/a><\/p>

Token House, 11-12 Tokenhouse Yard, London, EC2R 7AS<\/p>

T: +44 (0) 20 7320 9000<\/p>

We would like to deal with any concerns or complaints you may have. However, you have the right to make a complaint at any time to the Information Commissioner\u2019s Office (ICO), the UK supervisory authority for data protection issues. See\u00a0www.ico.org.uk<\/a>\u00a0for contact information and its complaint process.<\/p>

Your Duty to Inform Us of Changes and Changes to Our Privacy Notice<\/h5>

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes.<\/p>

We may change this Notice from time to time and you should check this Notice regularly to ensure you are aware of and understand any changes.<\/p>

Third-Party Links<\/h5>

This website may include links to third-party websites and plug-ins. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their control, processing or use of data or their privacy statements.\u00a0When you leave our website, we encourage you to consider the security of every website before you visit it and read the relevant privacy notice for that site.<\/em><\/p>

2. THE DATA WE COLLECT ABOUT YOU<\/strong><\/p>

Personal data, or personal information, means any information about an individual from which that person can be identified or that can otherwise be linked to an individual using information we already hold. It does not include data where the individual\u2019s identity has been removed (anonymous data).<\/p>

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

\u2022\u00a0Identity Data<\/u>\u00a0includes first name, maiden name, last name, and title.
\u2022\u00a0Contact Data<\/u>\u00a0includes work or personal email address, job title, work or home address and telephone number.
\u2022\u00a0Technical Data<\/u>\u00a0includes internet protocol (IP) addresses, browser types and versions, time zone settings and locations, browser plug-in types and versions, operating systems and platforms and other technology on the devices you use to access this website.
\u2022\u00a0Profile Data<\/u>\u00a0includes your interests, preferences, feedback and survey responses.
\u2022\u00a0Usage Data<\/u>\u00a0includes information about how you use our website.
\u2022\u00a0Marketing and Communications Data<\/u>\u00a0includes your preferences in receiving marketing from us and third parties and your communication preferences.<\/p>

We also collect and use 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 as this data does\u00a0not<\/strong>\u00a0directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Notice.<\/p>

On 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. Please do not provide such information to us when using our website.<\/p>

If you retain us on a matter we will provide you with an additional Privacy Notice.<\/p>

3. HOW IS YOUR PERSONAL DATA COLLECTED?<\/strong><\/p>

We use different methods to collect data from and about you including through:<\/p>

\u2022\u00a0Direct interactions.<\/u>\u00a0You may give us your Identity, Contact and Marketing Data by filling in forms or by corresponding with us by post, phone, electronically or otherwise, such as providing your business card. This includes personal data you provide when you:
\u2022 contact us for information or our services or events;
\u2022 subscribe to a service or publication we provide;
\u2022 request marketing material to be sent to you;
\u2022 give us feedback.
\u2022\u00a0Automated technologies or interactions.<\/u>\u00a0As 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 server logs and other similar technologies, such as Google Analytics.
\u2022\u00a0Third parties or publicly available sources.<\/u>\u00a0We may receive personal data about you from various third parties and public sources such as Technical Data from analytics providers, including Google based outside the EEA, and Identity and Contact Data from publicly available sources, including Companies House and the Electoral Register based inside the EEA.<\/p>

4. HOW WE USE YOUR PERSONAL DATA<\/strong><\/p>

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:<\/p>

\u2022 Where we need to perform a contract (a retainer) we are about to enter into or have entered into with you.
\u2022 Where it is necessary for our legitimate interests and your interests and fundamental rights do not override those interests.
\u2022 Where we need to comply with a legal or regulatory obligation.<\/p>

Generally we do not rely on consent as a legal basis for processing your personal data. You have the right to withdraw consent to marketing at any time by\u00a0contacting us<\/a>.<\/p>

Purposes for which We May Use Your Personal Data<\/h5>

We have set out below, in a table format, a description of the ways we may use your personal data and the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.<\/p>

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please\u00a0contact us<\/a>\u00a0if 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.<\/p>\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

\n\t\t\t\t
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Purpose\/Activity<\/div><\/div><\/div><\/th>
Type of data<\/div><\/div><\/div><\/th>
Lawful basis for processing including legitimate interest basis<\/div><\/div><\/div><\/th><\/tr><\/thead>\n\t\t\t\t\t\t\t\t
To register you as a (potential)\nclient<\/div><\/div><\/div><\/td>
(a) Identity
\n(b) Contact<\/div><\/div><\/div><\/td>
\u2022 Performance of a contract with you
\n\u2022 Necessary to comply with a legal \nobligation
\n\u2022 Necessary for our legitimate interests \n(to study how our clients and web \nvisitors use our website and services, \nto develop them and grow our \nbusiness)\n<\/div><\/div><\/div><\/td><\/tr>
To process and respond to your \nenquiries<\/div><\/div><\/div><\/td>
(a) Identity
\n(b) Contact
\n(c) Profile
\n(d) Marketing and \nCommunications<\/div><\/div><\/div><\/td>
\u2022 Performance of a contract with you
\n\u2022 Necessary for our legitimate interests \n(to study how our clients and web \nvisitors use our website and services, \nto develop them and grow our \nbusiness)<\/div><\/div><\/div><\/td><\/tr>
To manage any business\nrelationship with you which will \ninclude:\n
  • Notifying you about changes \nto our terms of retainer or our\nPrivacy Notice\n
  • Notifying you of any business \nchanges\n
  • Providing you with updates \nand information<\/li><\/div><\/div><\/div><\/td>
    • (a) Identity
    \n(b) Contact
    \n(c) Profile
    \n(d) Marketing and \nCommunications<\/div><\/div><\/div><\/td>
    \u2022 Performance of a contract with you
    \n\u2022 Necessary to comply with a legal \nobligation
    \n\u2022 Necessary for our legitimate interests \n(to keep our records updated and to \nstudy how our clients and web visitors\nuse our website and services)\n<\/div><\/div><\/div><\/td><\/tr>
    To administer and protect our \nbusiness and this website \n(including troubleshooting, data \nanalysis, testing, system \nmaintenance, support, reporting \nand hosting of data)\n<\/div><\/div><\/div><\/td>
    (a) Identity
    \n(b) Contact
    \n(c) Technical\n<\/div><\/div><\/div><\/td>
    \u2022 Necessary for our legitimate interests \n(for running our business, provision \nof administration and IT services, \nnetwork security, and to prevent\nfraud)
    \n\u2022 Necessary to comply with a legal \nobligation<\/div><\/div><\/div><\/td><\/tr>
    To deliver relevant website \ncontent to you and measure or \nunderstand the effectiveness of what we provide to you\n<\/div><\/div><\/div><\/td>
    (a) Identity
    \n(b) Contact
    (c) Usage
    \n(d) Marketing and \nCommunications
    \n(e) Technical\n<\/div><\/div><\/div><\/td>
    \u2022 Necessary for our legitimate interests \n(to study how our clients and web \nvisitors use our website and services, to develop them, to grow our business \nand to inform our marketing strategy)\n\n<\/div><\/div><\/div><\/td><\/tr>
    To use data analytics to improve \nour website, products\/services, \nmarketing, client relationships \nand experiences\n\n<\/div><\/div><\/div><\/td>
    (a) Technical
    \n(b) Usage\n<\/div><\/div><\/div><\/td>
    \u2022 Necessary for our legitimate interests \n(to define types of our clients and web \nvisitors for our services, to keep our \nwebsite updated and relevant, to \ndevelop our business and to inform \nour marketing strategy)\n\n<\/div><\/div><\/div><\/td><\/tr>
    To make suggestions and \nrecommendations to you about \ngoods or services that may be of \ninterest to you\n\n<\/div><\/div><\/div><\/td>
    (a) Identity
    \n(b) Contact
    \n(c) Technical
    \n(d) Usage
    \n(e) Profile\n\n<\/div><\/div><\/div><\/td>
    \u2022 Necessary for our legitimate interests \n(to develop our products\/services and \ngrow our business)\n\n\n<\/div><\/div><\/div><\/td><\/tr><\/tbody>\n\t\t\t<\/table>\n\t\t<\/div>\n\n\t\t<\/div>\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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    Marketing<\/h5>

    We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.<\/p>

    We may use your Identity, Contact, Technical, and Usage Data to form a view on what may be of interest to you including invitations to certain events, such as lectures, and to maintain our list of business contacts. You will receive marketing communications from us if you have requested information from us and if, in each case, you have not opted out of receiving that marketing.<\/p>

    You can ask us to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by\u00a0contacting us<\/a>.<\/p>

    Where you opt out of receiving these marketing messages, the opt-out will not apply to our retaining personal data provided to us as a result of a service enquiry, service experience or other transactions.<\/p>

    Third-Party Marketing<\/h5>

    We will get your express opt-in consent before we share your personal data with another organisation for marketing purposes.<\/p>

    Cookies<\/h5>

    Any Cookies used on this site are purely for the optimisation of user experience and not for marketing purposes.<\/p>

    Change of Purpose<\/h5>

    We will only use your personal data for the purposes for which we collect it including delivering our contractual services to you or maintaining our business, unless we are legally obliged to use it for another reason or we reasonably consider that we need to use it for another reason which is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please\u00a0contact us<\/a>.<\/p>

    If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.<\/p>

    Please note that we may process your personal data without your knowledge or consent, in compliance with the above, where this is required or permitted by law.<\/p>

    5. DISCLOSURES OF YOUR PERSONAL DATA<\/strong><\/p>

    We may have to share your personal data with the parties set out below for the purposes set out in the table in section 4 above.<\/p>

    \u2022 Our service providers and suppliers acting as processors based in the UK who provide IT and system administration services and anti-money laundering services.
    \u2022 Professional advisers acting as processors or joint controllers including experts, solicitors, barristers, bankers, insurers and auditors based in the UK who provide consultancy, legal, insurance, banking and accounting services.
    \u2022 HM Revenue & Customs, our regulators and other relevant authorities acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances.
    \u2022 Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then new owners may use your personal data in the same way as set out in this Privacy Notice.<\/p>

    We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.<\/p>

    6. INTERNATIONAL TRANSFERS<\/strong><\/p>

    We do not usually transfer personal data outside the European Economic Area (EEA).<\/p>

    If a transfer of your personal data outside of the EEA were required, we would ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:<\/p>

    \u2022 We will only transfer your personal data to countries that the European Commission has deemed to provide an adequate level of protection for personal data.
    \u2022 Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in the EEA.
    \u2022 Where we use providers based in the USA, we may transfer data to them if they are part of the Privacy Shield which requires them to provide a similar protection of personal data to the EEA.<\/p>

    Please\u00a0contact us<\/a>\u00a0if you require further information on the specific mechanism used by us when transferring your personal data out of the EEA.<\/p>

    7. DATA SECURITY<\/strong><\/p>

    We have put in place security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to access them. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.<\/p>

    We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.<\/p>

    8. DATA RETENTION<\/strong><\/p>

    How long will you use my personal data for?<\/h5>

    We will only retain your personal data for as long as necessary to fulfil the purposes we collect it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.<\/p>

    By law we have to keep basic information about our clients (including Contact, Identity, and Transaction Data) for five years after they cease being clients.<\/p>

    In some circumstances you can ask us to delete your data. See Request erasure below for further information.<\/p>

    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.<\/p>

    9. YOUR LEGAL RIGHTS<\/strong><\/p>

    Under certain circumstances, you have rights under data protection laws in relation to your personal data.<\/p>

    You have the right to:<\/p>

    Request access<\/strong>\u00a0to your personal data (commonly known as a \u201cdata subject access request\u201d). This enables you to receive a copy of the personal data we hold about you.<\/p>

    Request correction<\/strong>\u00a0of 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 any new data you provide to us.<\/p>

    Request erasure<\/strong>\u00a0of 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 may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which, if applicable, will be notified to you at the time of your request.<\/p>

    Object to processing<\/strong>\u00a0of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.<\/p>

    Request restriction of processing<\/strong>\u00a0of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data\u2019s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data, even if we no longer require it, as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.<\/p>

    Withdraw consent at any time<\/strong>\u00a0where we are relying on consent to process your personal data. 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 products or services to you. We will advise you if this is the case at the time you withdraw your consent.<\/p>

    If you wish to exercise any of the rights set out above, please\u00a0contact us<\/a>.<\/p>

    No Fee Usually Required<\/h5>

    You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.<\/p>

    What We May Need from You<\/h5>

    We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.<\/p>

    Time Limit to Respond<\/h5>

    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.<\/p>

    10. GLOSSARY<\/strong><\/p>

    Legitimate Interest<\/strong>\u00a0means the interest of our business in conducting and managing our business to enable us to give you the best service\/product and the best and most secure experience. 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 our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by\u00a0contacting us<\/a>.<\/p>

    Performance of Contract<\/strong>\u00a0means 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.<\/p>

    Comply with a legal or regulatory obligation<\/strong>\u00a0means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.<\/p>

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