Privacy Notice

We are committed to ensuring that any personal data we hold about you is protected in accordance with data protection laws and is used in line with your expectations. Humphries Kerstetter LLP is responsible for your personal data. For the purposes of the applicable data protection law (in particular, the General Data Protection Regulation (EU) 2016/679 (‘the GDPR’)), your data will be controlled by Humphries Kerstetter LLP.

This privacy notice explains what personal data we collect, why we collect it, how we use it and how we protect it.

‘Personal data’ is any information that can be used to identify a natural person.  It includes identifiers such as your name, address or email address. Some of the information we collect may be ‘special categories’ of personal data’ such as racial or ethnic origin, political opinions, religious beliefs, sexual orientation and information about your health, including any medical condition and medical records.

What personal data do we collect?

In the course of our business, including your use of our website, we may collect some or all of the following from you:

  • Identity Data such as your name, home and work address, phone numbers, date of birth, passport number, photographic identification and gender.
  • Contact Data such as information in relation to your current title, phone number, email address and work address.
  • Financial Data such as payment details.
  • Services Data such as details about services we have provided to you, or we have purchased from you.
  • Technical Data such as information from your visits to our website, or materials we send to you electronically, or communications we exchange with you including some or all of: 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 and other technology on the devices you use to access this website, and usage data.
  • Any other information which you may provide to us, including as part of our anti-money laundering and client identification processes, and in the course of our provision of services to you.

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), or information about criminal convictions and offences, unless this has been expressly agreed with you, and is necessary for the provision of our services to you.

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 our services or may have to cancel the contract we have or are trying to enter into with you (for example, to provide you with services). In this case we will notify you at the time.

How we collect your personal data:

We use different methods to collect data from and about you, including through:

  • Direct interactions: you may give us your Identity and Contact Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you may provide when you:
    • send an email or letter or other communication to us, or instructing a third party to do so on your behalf;
    • subscribe to our mailing list;
    • request information to be sent to you;
    • complete a form;
    • give us some feedback; or
    • respond to an invitation.
  • 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. A cookie is a small file of letters and numbers that we put on your computer if you agree. On your first visit to this website you will have seen a pop-up to inform you that cookies are being used and providing you with information about the purposes for which cookies are being used and the means to opt-out of using cookies. This pop-up will not usually appear on subsequent visits to our website. Please be aware that use of our website after having seen this pop up will be considered to be clear and positive action on your part confirming your agreement to the use of cookies. Further information on how and why we use cookies, and how to withdraw consent to our use of cookies, appears in our Cookies Policy, which is accessible via our website.
  • Third Parties: we may gather necessary current or historical information about you from third parties such as regulatory authorities, government agencies, credit reporting agencies, information or service providers, or publicly available sources. Such information will be collected if necessary to meet our legal or professional obligations, including as to client identification and anti-money laundering compliance.

Why we collect this information and the legal basis for handling your personal data

We only collect and/or use your personal data when the law allows us to. We will collect and/or use your personal data only for the following purposes:

  • Where we need to perform the contract we are about to enter into or have entered into with you; or
  • 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; or
  • When you have provided consent for us to process your data;
  • We consider such use of your information as not detrimental to you, within your reasonable expectations, having a minimal impact on your privacy, and necessary to fulfil our legitimate interests; or
  • Where we need to comply with a legal or regulatory obligation(s); or
  • To provide and improve our services, including handling the personal information of others on behalf of our clients in the course of providing our services; or
  • To promote our services, including sending legal updates, newsletters, and details of events; or
  • For the purposes of recruitment.

We will only use your Personal Data for the purposes for which we collected it, 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 obtain an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

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 rules, where this is required or permitted by law.

Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email. You have the right to withdraw consent to marketing at any time by contacting us.

We strive to provide you with choices regarding certain personal data uses, particularly around marketing. We may use your personal information to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which services, information, and events may be relevant for you (we call this marketing). You will receive marketing communications from us if you have requested information from us or if you provided us with your details when you have completed a form, answered a survey, and in each case you have not opted out of receiving that marketing.

You can ask us (or third parties acting on our behalf) to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time. Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of your use of or request to receive information regarding our other services, events, or resources.

When you use our website, 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 or refuse cookies, please note that some parts of our website may become inaccessible or not function properly.

Who we may share your personal data with and why

We may share your personal data with certain trusted third parties with whom we have contractual arrangements. These third parties may include specific third party service providers to which we outsource (in full or part) services, for example archival, auditing, reference checking, professional advisory (including legal – such as barristers – accounting, financial and business consulting), IT support, mailing house, delivery, technology, website, social media, research, banking, payment, client contact, data processing, insurance, forensic, litigation support, data room, case and practice management, marketing and security services, event hosting and organisation.

Where necessary for the purposes described in this privacy notice we may also share your personal information with regulatory authorities, courts, tribunals, government agencies and other law enforcement agencies. We will use reasonable endeavours to notify you before we do this, unless we are legally restricted from doing so.

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. When you leave our website, or follow a link we encourage you to read the privacy notice of every website or application you visit.

Which countries we may transfer your personal data to

Some of our external third party service providers (such as Google and Mailchimp) are based and/or transfer data outside the European Economic Area (EEA) so their processing of your personal data will involve a transfer of data outside the EEA. Whenever we are responsible for the transfer of your personal data out of the EEA, we try to ensure that an equivalent degree of protection is afforded to it.

We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. Where we use providers based in the United States, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the United States.

How we keep your personal data secure

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.

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, or where we think it appropriate even in the absence of any legal requirement.

How long we keep your personal data for

We will only retain your personal data for as long as necessary to fulfil the purposes for which we collected it, 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.

You can request details of retention periods for different aspects of your personal data by contacting us. However, personal information provided in connection with the provision of our legal services will usually be retained for six years and in any event no longer than fifteen years unless we agree otherwise with you or there is a requirement for us to continue retaining the personal data, such as a regulatory or statutory requirement. 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.

Your rights with respect to your personal data

Under certain circumstances, you have rights under data protection laws in relation to your personal data, including the right to do the following:

  • Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
  • 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 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 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 will be notified to you, if applicable, at the time of your request.
  • Object to processing of 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.
  • 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: (a) if you want us to establish the data’s 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.
  • Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
  • Withdraw consent at any time where 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.

If you wish to exercise any of these rights at any time or if you have any questions, comments or concerns about this privacy notice, or how we handle your data please contact us. 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.

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.

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.

If you have continue to have concerns about the way your data is handled and remain dissatisfied after raising your concern with us you have the right to complain to the Information Commissioner Office (ICO). The ICO can be contacted at Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF or 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 via email to reception@humphrieskerstetter.com.

Changes to this notice

We keep this notice under regular review. You will be notified of any changes where appropriate.