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Privacy policy

asb law LLP, a limited liability partnership operated under the laws of England and Wales, registered number OC351354 with its registered office address being at Origin Two, 106 High Street, Crawley, West Sussex RH10 1BF (“asb law” “we”). A list of members of the firm is available for inspection at the above office address.

asb law also has its other principal office at Horizon House, Eclipse Park, Sittingbourne Road, Maidstone ME14 3EN.

This Privacy Policy should be read together with our Cookies Policy and Terms of Use Policy, together with any Terms and Conditions we may provide to you and sets out how we will treat any personal data that you provide us or that we collect about you.

Introduction

This privacy policy sets out how asb law uses and protects any information that asb law use about you (including information provided through the website www.asb-law.com (“Website”)). asb law is firm of solicitors, and through providing services to its customers may collect personal data of contacts, its clients or potential clients (“Services”). In addition to this, the Website also collects certain personal data from its users.

asb law is firmly committed to respecting and protecting the privacy of all personal data received or collected, in strict adherence to Data Protection Legislation (defined below) and best business practice.

Claire Williams is the data protection officer for asb law, to contact the data protection officer please email DPOenquiries@asb-law.com.

Data Protection definitions

asb law's data protection and privacy measures are governed by the (i) the General Data Protection

Regulation ((EU) 2016/679) (“GDPR”) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the GDPR or the Data Protection Act 1998 (“Data Protection Legislation").

For the purpose of Data Protection Legislation, where personal data is provided directly to asb law through use of the Website, email, or other means asb law will be a data controller of such information. Where asb law is provided with information only for the purpose of performing a contract or where asb law cannot determine the use of such information, asb law will be data processor of such information.

Personal data collected

asb law may collect, use, store and transfer different kinds of personal data about you and because of the nature of the Services we provide, the types of data we process can be quite varied, but will usually include:

  • Identity Data including your first name, last name, marital status, title, job title, national insurance number, directorships and shareholdings;
  • Anti-Money Laundering Data including copies of your passport, utility bills, birth certificate, national identity card and/or other identifying information required to be provided to us for anti-money laundering purposes;
  • Individual Data including correspondence and personal data from our clients, or from others, about themselves or about other individuals (such as our corporate clients' employees) which is provided to us for use for the purpose of carrying out our business of providing legal services, including your relationship to a person, financial affairs, health and medical information, family, lifestyle and social circumstances, education and employment background;
  • Contact Data including your residential address, billing address, delivery address, email address and telephone numbers;
  • Financial Data including bank account and payment card details;
  • Transaction Data including details about payments to and from you and other details of products and Services you have purchased from us;
  • Usage Data including information about how you use asb law’s Services or submit an enquiry or query through the Website including your IP address;
  • Technical Data including information from your visits to the Website or in relation to materials and communications we send to you electronically;
  • Event Data including the information you provide to us for the purposes of attending meetings and events, including your preferences, access and dietary requirements; and
  • Additional Data including any other information relating to you which you may provide to us.

If you fail to provide personal data

Where asb law need to collect personal data by law, or under the terms of a contract asb law has with you (or our customer for whom you are acting on behalf of) and you fail to provide that data when requested, asb law may not be able to perform the contract it has or are trying to enter. In this case, asb law may have to cancel the Services but will notify you if this is the case.

How is your personal data collected?

asb law use different methods to collect personal data from and about you including through:

  • Direct interactions. You may give us your Identity, Contact, Anti-Money Laundering, Individual, Event, Additional and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you purchase Services or provide us with feedback.
  • Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources such as:
  • Contact, Financial and Transaction Data from providers of technical, payment and delivery services, including third party debt agencies and SmartSearch.
  • Identity, Anti-Money Laundering and Contact Data from publicly availably sources such as Companies House and the Electoral Register based inside the EU.

How asb law uses your personal data

asb law will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

  • Services for clients - Where we need to perform the contract we are about to enter into or have entered into. To provide you (or the company on behalf of which you instruct us) with legal advice or other information that you have requested from us;
  • Anti- Money Laundering Requirements – In order to fulfil our anti-money laundering obligations we are obliged to verify the identity of new clients, and in certain circumstances existing clients. This includes the identity of clients' or potential clients' shareholders, beneficial owners, management, directors or officers and/or other relevant information;
  • Payment - To invoice you for Services we have provided to you (or the company on behalf of which you instruct us) and to trace and collect debts where required;
  • Compliance - To keep records of the work we have carried out for you (or the company on behalf of which you instruct us);
  • Marketing - To send you electronic and/or paper form marketing materials relating to our Services and to invite you to seminars or other events hosted by us (so far as permitted by law);
  • Events – To enable us to provide events to you which take into consideration your preferences;
  • Business Performance – To manage our business performance and assess client satisfaction and improvement to our Services.

Purposes for which asb law 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, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate. Please contact asb law 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

Type of data

Lawful basis for processing including basis of legitimate interest

To register you as a new customer and verify your identity

(a)   Identity

(b)   Contact

Performance of a contract

Consent (for use of special categories of data)

Compliance with a legal requirement

To process and deliver the Services including:

(a) managing payments, fees and charges;
(b) collecting and recovering money owed to us;
(c)  contacting you and corresponding about the Services

(a)   Identity

(b)   Contact

(c)   Financial

(d)   Transaction

(e)   Individual

Performance of a contract

Necessary for our legitimate interests (to recover debts due to us)

Use of special categories of personal data for the establishment, exercise or defence of legal claims or proceedings

Compliance with a legal requirement

(d) updating and enhancing client records;

(e) for legal and regulatory compliance;

(f) to complete statutory returns

   

To respond to queries, complaints, claims and enquiries

 

(a)   Identity

(b)   Contact

Legitimate interests

Marketing

(a)   Identity Data

(b)   Contact Data

Legitimate interests

Consent (where an individual consumer)

Events

(a)   Identity Data

(b)   Individual Data

(c)   Event Data

Legitimate interests

 

Business Performance  

(a)   Identity Data

(b)   Individual Data

Legitimate interests

 

Change of purpose

asb law will only use your personal data for the purposes for which it was collected for, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact asb law.

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

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

How your personal data may be shared

Personal data asb law collects in accordance with this Privacy Policy, may be shared as follows:

  • with third party consultants selected by asb law, whom we outsource certain support services such as word processing, translation, photocopying, data room hosting, document review and IT services or where we are using a third party service provider to provide services that involve data processing, such as DocuSign or dotmailer, Royal Mail;
  • with trade associations and professional bodies such as with the SRA and Law Society;
  • with the Information Commissioners Office, the legal ombudsmen or other regulatory body where asb law is under a duty to disclose your personal data to comply with any legal obligation (for example, in order to fulfil our anti-money laundering obligations);
  • with statutory bodies to complete returns on your behalf such as the Land Registry, HMRC, WRA or Companies House;
  • with our insurers, auditors and accountants;
  • with courts, to lawyers or experts advising the other party to a matter we are assisting you (or the company on which you act on behalf of) with, or to other professionals (such as overseas law firms, patent agents, forensic accountants, or barristers);
  • with event partners or corporate hospitality providers;
  • with third party debt recovery agencies;
  • with 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 the new owners may use your personal data in the same way as set out in this privacy notice;
  • to protect the rights, property, or safety of asb law, asb law’s customer, or others or to enforce any terms and conditions we provide to you. This includes exchanging information with other companies and organisations for the purposes of fraud protection and for compliance with laws;
  • where you have expressly consented for us to share your personal data with third parties;
  • 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.

How asb law stores personal data

For secure storage, asb law do not transfer your personal data outside the European Economic Area (EEA). We do not normally share your personal data with anyone outside the EEA, however, we may do so when a particular circumstance or the Services we provide to you requires us to do so.

Data security

We have put in place appropriate 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 know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

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.

Personal data retention

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. Generally, we keep personal data in accordance with our internal retention procedures, which are determined in accordance with our regulatory obligations and good practice. These retention periods depend on the nature of the information, and are subject to change. If you have any questions in this regard, please contact us using the details below.

Marketing

We may send you marketing material where you are a business customer and we consider the marketing material to be relevant to you or where you are a business customer and we have previously provided you with Services, and you have not opted out of receiving such communication.

Where you are an individual consumer we will only provide you with marketing material where you have provided your express consent.

You can update your marketing preferences by emailing marketing@asb-law.com.

Your rights

Under certain circumstances, you have rights under Data Protection Legislation in relation to your personal data. These include the right to:  

  • Request access to your personal data;
  • Request correction of your personal data;
  • Request erasure of your personal data;
  • Object to processing of your personal data;
  • Request restriction of processing your personal data;
  • Request transfer of your personal data; n Right to withdraw consent.Where you exercise your right to erasure or where information is deleted in accordance with asb law’s retention policy, please note that after the deletion of your personal data, it cannot be recovered, so if you require a copy of this personal data, please request this during the period asb law retains the data. Where you exercise your right to request access to the information asb law processes about you, 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.
  • Where you provide us with information it is your responsibility to ensure that all such information is complete in all material respects and not misleading. The accuracy and appropriateness of our advice may be affected as a consequence of your failure to do so. If any information changes, please let us know so that we can keep it updated on our systems.
  • To exercise any of the above rights please contact us using the details below.

Children

The Website is not intended for children and asb law will not knowingly collect any personal data from persons under the age of 18. asb law may collect personal data about children which is incidental to the Services it provides. In this case asb law will ensure that such personal data is processed securely.

Complaints

If you would like to make a complaint in relation to how asb law may have stored, used or processed your personal data, 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).

asb law would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

External websites

The Website may, from time to time, contain links to and from the websites of asb law partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies.

asb law is not responsible for the content of external internet sites and you are advised to read the privacy policy of external sites before disclosing any personal information.

Changes to this Privacy Policy and your duty to inform us of changes

As and when necessary, changes to this privacy policy will be posted here. This Privacy Policy was last updated on 20 April 2018.

Remember the risks whenever you use the Internet

asb law is committed to ensuring that your information is secure and has in place reasonable and proportionate safeguards and procedures to protect your personal information. While asb law does its best to protect your personal information, asb law cannot guarantee the security of any information that you transmit to asb law and you are solely responsible for maintaining the secrecy of any passwords or other account information.

Questions and contact information

For any questions or for further information, please contact: DPOenquiries@asb-law.com.

Dated: April 2018