TUGHANS LLP DATA PROCESSING NOTICE
1. IMPORTANT INFORMATION AND WHO WE ARE
Purpose of this Processing Notice
This processing notice aims to give you information on how we collect and process your personal data in a variety of circumstances, including where you interact with us as our clients or suppliers (or on behalf of one of our clients or suppliers), visit our premises, apply for roles with us, access our website or otherwise interact with us.
It is important that you read this processing notice so that you are fully aware of how and why we are using your data. This version was last updated on 7 February 2023 and previous versions can be obtained by contacting us.
The identity of the controller (or processor as noted below) will depend on the nature of your interaction with us. Normally, where you interact with us, you will interact with Tughans LLP law firm, a limited liability partnership. The partners’ names and contact details can be found at www.tughans.com/contact. Where we provide you with company secretarial services the controller will be Tughans Company Secretarial Limited (company number NI033852).
As “controller”, the relevant Tughans entity described above (referred to as we, us or our in this processing notice) is responsible for handling your personal data in accordance with the terms of the applicable data protection legislation (which may include the UK GDPR, the EU GDPR and the Data Protection Act 2018 in the UK and Ireland). If you have any questions about this processing notice (including any requests to exercise any of your legal rights) please contact us by emailing firstname.lastname@example.org or calling us at 028 9055 3300.
We are, from time to time, also appointed to use or otherwise process personal data on behalf of other organisations (making us a “processor” of personal data). Whenever we are appointed as a processor, we will be restricted in the manner and purpose for which we can use personal data (including where applicable in the manner outlined in our agreement(s) with you or the organisation on whose behalf you act) and we will also be subject to other obligations under data protection legislation. Some of the information in this document does not apply to the personal data we use when acting as a processor.
Our website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the processing notice of every website you visit.
2. THE DATA WE HOLD ABOUT YOU
Personal data means any information about an individual from which that person can be identified. Depending on your relationship or interaction with us, we may collect, use, store and transfer different kinds of personal data about you, which we have grouped together follows:
• Identity Data includes name, image, online username or similar identifier, title, date of birth and gender;
• Contact Data includes email address, physical address and fax/telephone numbers;
• Financial Data includes insurance information, bank account and payment card details;
• Technical Data includes internet protocol (IP) address, 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 our website, as well as social media data where you engage with us on a social media platform;
• Usage Data includes information about how you use our website and services;
• Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences;
• Employment Data includes data which may be provided to us during a recruitment process, including your racial or ethnic origin, religious or philosophical beliefs or trade union membership;
• Publicly Available Information is information about you from publicly available sources not otherwise captured under one of the above categories. As far as possible, we ensure that where any third parties are involved in supplying such information, that they are compliant to do so. This may include social media profiles, credit reference agencies such as Experian or CreditSafe, public registers such as Companies House registry or the Electoral Register;
• Criminal Conviction Data includes data we collect from you during a recruitment process which relates to criminal convictions and offences (including, if required, spent convictions);
• Sensitive Data includes details about individuals’ racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a person’s sex life or sexual orientation;
• Matter Data includes all personal data about you which we may be provided with as part of a transaction or matter (including a dispute or litigation). This depends on the nature of the matter but is likely to include your contact data and also, for example: if it is relation to a corporate or commercial matter, could include (without limitation) your employment information and contact information; or if it is in relation to a personal injury matter could include (without limitation) your contact information and health data; and if it is in relation to an employment matter could include (without limitation) your protected characteristics.
If you fail to provide personal data
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with services).
Your Duty to Inform us of Changes
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.
3. HOW YOUR PERSONAL DATA MAY BE COLLECTED & USED
We use different methods to collect personal data from and about you. The ways we collect it, what we collect and how and why we use that personal data is set out below:
|Personal Data Type||Collection Method||Basis of Use||Purpose|
|Provided directly by you or an organisation with whom you are associated
Data capture forms
Third parties such as Client Due Diligence search providers, Companies House, social media pages (including LinkedIn) and websites
Legitimate Interests (to run our business)
Compliance with law
|To register you (or an organisation with whom you are associated) as a new client, including conducting conflict checks and due diligence searches and providing a quotation in respect of our services
To provide you (or an organisation with whom you are associated) with our services subject to our terms of engagement and all laws and regulations that apply to the provision of our services
To ensure we comply with the laws and regulations that apply to our services (including all auditing requirements)
To establish and perform a contractual relationship, including processing payments and all ancillary services
|Matter Data||Directly from you
An organisation with whom you are associated (such as your employer)
Our client (who may be involved in litigation or a dispute with or involving you)
Publicly available resources like social media pages and Companies House
|Legitimate interests (to provide our services)
Compliance with law
|To provide our client with our services and to comply with all laws and regulatory requirements which apply to us as a solicitor’s firm (including all external audits and accreditations etc)|
|Contact Data||Directly from you
An organisation with whom you are associated
|Legitimate Interests (to enable us to provide our services)
Legitimate Interests (to make introductions)
|To provide our clients with introductions to other businesses or professional contacts we have made (including where that introduction may be for your or the recipient’s benefit)|
|Marketing and Communications Data||Directly from you by data capture forms or by dealing with related matters||Consent
Legitimate Interests (to study how clients and perspective clients use or view our services, to develop them and grow our business)
|To enable you to participate in a prize draw, competition or complete a survey
To provide information to you about services, events or legal matters that may be of interest to you as an existing or past client of the firm
Sensitive Data (regarding religion and health data
|Directly from you
Third party recruitment service provider (such as a recruiter or an online provider)
Compliance with legal obligation
|To manage a recruitment process, including setting up and conducting interviews, evaluating the results, contacting referees and as otherwise needed in the recruitment and hiring process|
|Directly from you
An organisation you are associated with (such as your school)
|Legitimate Interests (to maintain records of who is in our building and to evaluate and consider for future work appointments)||To administer work experience sessions|
|Provided directly by you or an organisation with whom you are associated
Data capture forms
|Legitimate Interests (to run our business)
Compliance with law
|Technical Data||From you or your device||Legitimate Interests (to manage and optimise our website)||To administer and protect our business and our website (including troubleshooting, audits, data analysis, testing, system maintenance, support, reporting and hosting of data)
To use data analytics to improve our website, services, marketing, customer relationships and experiences
|From you or your device
From social media pages (like LinkedIn)
|Legitimate Interests (to manage and optimise our website and social media pages and to analyse and improve our online presence)||To analyse and utilise our online presence and content which we make available|
|any of the above||as above||Legitimate interests (to protect and run our company)
Compliance with law
|Ancillary purposes, such as back-ups and archiving
Dealing with legal obligations (such as compliance with tax law, identity verification requirements and preparing company accounts)
Legitimate Interest Assessment
When relying on Legitimate Interest (for the interest stated in the table above), 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).
If you are an existing client of ours, you give us consent to or we are otherwise permitted to by law, we may contact you from time to time by call or email to provide some information about our services or other matters which may be of interest. You can ask us or third parties 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, as appropriate, 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 a service experience or other transactions.
We will get your express opt-in consent before we share your personal data with any company outside of our own for marketing unrelated to our activities.
Criminal Conviction Data
We may from time to time process information about criminal convictions, if necessary to provide services to you to any organisation on whose behalf we are acting, if you provide such information to us or we are required to do so by law.
We are required by law to take appropriate steps and use safeguards when processing such information and we have relevant policies and procedures in place.
We will use your Sensitive Data only where permitted by law, which will most likely be on your explicit consent, for your vital interests or as necessary in connection with legal proceedings, advice or rights.
4. DISCLOSURES OF YOUR PERSONAL DATA
Subject to our other legal duties, we may have to share your personal data with the parties (all established in the UK or European Union unless otherwise stated) set out below for the purposes set out in the table in paragraph 3 above:
• 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 processing notice;
• HM Revenue & Customs, the Equality Commission for Northern Ireland, regulators and other authorities who require reporting of processing activities in certain circumstances;
• goods and services providers and professional advisers including counsel, independent experts, insurance providers, bankers, auditors and insurers based in the European Union or United Kingdom where they have a need to know the same or are otherwise entitled to the same for any of the reasons set out above;
• with specific selected third parties, determined by us, if you breach any agreement with us, including so as to enforce our rights against you, including credit reference agencies, debt collection firms or service providers, solicitors or barristers and the law enforcement agencies (if applicable);
• service providers acting as processors, including providers who provide IT storage / hosting services, IT and email security service providers, process servers, email campaign (based in USA), IT and information disposal services, software providers providing time recording facilities and integrated management system providers; and
• other parties where you ask us to share that data, or we ask you and you consent.
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.
5. INTERNATIONAL TRANSFERS
We generally do not transfer your personal data outside the UK or the European Economic Area (EEA) other than to our email campaign service provider who is based in the USA. For that email campaign service provider and for other recipients who are based outside the EEA, we do and will ensure that a similar degree of protection is enforced as is required within the EEA by ensuring that the recipients use and are bound by appropriate agreements, which may be enforceable by you, regarding data protection (as well applying appropriate additional security measures), or we ensure that the recipient countries have been deemed to provide an adequate level of protection by the UK (which currently mirror the decisions taken by the European Commission).
6. 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 to our responsibility as a law firm to maintain confidentiality on a range of issues, we have obtained ISO9001 certification and, in relation to our IT systems, we have also obtained ISO27001 certification which requires a focus on security and confidentiality.
We have also 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. 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.
Please note that the transmission of information via the internet is not completely secure. We cannot guarantee the security of your own data transmitted to our website, and before it reaches us, such data is transmitted at your own risk.
Please contact us if you would like more information regarding the security measures we use.
7. 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, regulatory, 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, how long a legal claim may be taken, the applicable legal and regulatory requirements and whether we can achieve those purposes through other means. We have developed a data retention policy, which is available on request. We have taken into account the guidelines provided by the Law Society of Northern Ireland in relation to data retention.
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. You have the right to:
• 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.
• 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, 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 the rights set out above, please contact us. Note, however, that we may not always be able or required to comply with your request for specific legal or compelling legitimate reasons which will be notified to you, if applicable, at the time of your request.
No fee usually required
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.
What we may need from you
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.
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.
Supervisory Authority Contact
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.
9. OTHER LEGAL TERMS
Changes to this Notice
We may change this notice from time to time. Any material changes to this notice will be notified to you.
Choice of Law and Jurisdiction
This notice shall be governed by and interpreted in accordance with the laws of Northern Ireland and you irrevocably agree that the courts of Northern Ireland shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with this notice.