Privacy notice

Thank you for reading our privacy policy. At Hine Legal, we respect your privacy and are committed to protecting your personal data. This privacy policy will provide you with information about how we look after your personal data and tell you about your privacy rights and how the law protects you. Please also use the Glossary at the end of this privacy policy to understand the meaning of some of the terms used in this privacy policy.

  1. Important information and who we are

Purpose of this privacy policy

This privacy notice aims to give you information on how we collect and process your personal data, including any data you may provide to us directly (via our website or otherwise) and any data that may be provided to us by third parties.

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.

Controller

Hine Legal Limited is the controller responsible for your personal data (collectively referred to as the Company, “we“, “us” or “our” in this privacy policy). We have appointed a data privacy manager who is responsible for 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 the data privacy manager using the details set out below.

Contact details

Our full details are:

Full name of legal entity: Hine Legal Limited

Name or title of data privacy manager: Jane Wheeler

Email address: jwheeler@hinelegal.com

Postal address: Cromwell House, 3rd Floor, 14 Fulwood Place, London WC1V 6HZ

Telephone number: 020 3586 6043

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 if you have any queries or concerns.

 

 

Changes to the privacy policy and your duty to inform us of changes

This version was last updated on 25 May 2018 and can be obtained by contacting us. 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.

Third-party links

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 policies. When you leave our website, we encourage you to read the privacy policy of every website you visit.

  1. The data we collect about you

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (e.g. anonymous data or statistical data).

We may collect, use, store and transfer different kinds of personal data about current, former and prospective clients, opponents, witnesses, business contacts and other third parties which we have grouped together as follows:

  • Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth, gender and any KYC (Know Your Client) document required to verify identity (e.g. a passport or a driving licence).
  • Contact Data includes registered business address, personal residential address, email addresses, telephone numbers and any KYC documentation required to verify residence (e.g. a financial statement or utility bill).
  • Financial Data includes bank account and payment card details and details of funds held in our client and office accounts relating to transactions, cases and other matters involving clients, opponents, witnesses and other third parties.
  • Transaction Data includes personal data relating to transactions, cases and other matters involving clients, opponents, witnesses and other third parties (e.g. personal data contained in grievance and disciplinary letters, claims documents and medical records).
  • Technical Data includes internet protocol (IP) address, browser type and version, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access our website.
  • Usage Data includes your preferences and other information about how you use our website and services.
  • Marketing and Communications Data includes your preferences in receiving emails and other correspondence from us.

We may collect, use and share 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 not directly 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 policy.

We may also collect Special Categories of Personal Data or Sensitive 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), as well as data about criminal convictions and offences.

If you fail to provide personal data

Where we need to collect personal data by law or under the terms of a legal agreement we have with you, and you fail to provide that data when requested, we may not be able to perform the legal agreement we have or are trying to enter into with you (for example, to provide you with legal services). In this case, we may have to terminate the legal agreement we have with you but we will notify you in advance if this is the case.

  1. How is your personal data collected?

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

  • Direct interactions. Current, former and prospective clients, opponents, witnesses, business contacts and other third parties may give us their Identity, Contact and Financial Data in person, by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data they provide to us when they:
    • avail of legal services;
    • contact us via our website;
    • give us instructions;
    • subscribe to our newsletter or other publications;
    • request to receive marketing or similar information; or
    • give us some feedback.
  • Automated technologies or interactions. As users interact with our website, we may automatically collect Technical Data about equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about a user’s visit if they visit other websites employing our cookies.
  • Third parties or publicly available sources. We may receive Contact, Financial, and Transaction Data about current and prospective clients, opponents, witnesses, business contacts and other third parties from various third parties and public sources. We may receive Technical Data from analytics providers and search information providers. We may also receive Identity and Contact Data from publicly availably sources such as Companies House, the Electoral Register, LinkedIn and other social media platforms.
  1. How we use your personal data

We will only process personal data and sensitive data when the law allows us to. Most commonly, we will process your personal data and sensitive data where processing is necessary:

  • to comply with a legal or regulatory obligation;
  • to perform the contract we are about to enter into or have entered into with you;
  • for the establishment, exercise or defence of legal claims; or
  • for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.

Generally, we do not rely on consent as a legal basis for processing your personal data. If we seek to rely on consent as a basis for processing your personal data, we will seek and obtain a freely given, specific, informed and unambiguous indication of your consent to the processing of your personal data and you will have the right to withdraw your consent to such processing at any time by contactingus using the contact details at the beginning of this privacy policy.

Purposes for which we will use your personal data

We have set out below, in a table format, a description of the ways we may 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.

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 contact us using the contact details at the beginning of this privacy policy 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 engage and register new clients including performing anti-money laundering, anti-terrorism, fraud and other background checks (a) Identity(b) Contact

(c) Transaction

(a) and (b) Legal or regulatory obligation(c) Legal or regulatory obligation for personal data and establishment, exercise or defence of legal claims for sensitive data
To  manage transactions, cases and other matters involving clients, opponents, witnesses and other third parties including the management of payments fees and charges and the collection and recovery of money owed to us. (a) Identity(b) Contact

(c) Financial

(d) Transaction

 

(a) and (b) Legal or regulatory obligation(c) Legal or regulatory obligation or necessary for our legitimate interests (to recover debts due to us)

(d) Legal or regulatory obligation for personal data and establishment, exercise or defence of legal claims for sensitive data

To manage our relationship with clients and other third parties which may include:(a) Notifying about changes to our engagement terms or privacy policy and requesting that you update your contact details

(b) Asking for a review or other feedback in relation to our legal services.

(c) Providing you with information about our legal services and events.

 

(a) Identity(b) Contact

(c) Marketing and Communications

(a) and (b) Necessary to comply with a legal obligation and performance of a contract with you(c) Necessary for our legitimate interests (to keep our client records up-to-date, to inform our clients about services and events that may be relevant to them and to evaluate how our clients use our services)
To carry out conflict of interest checks (a) Identity(b) Contact

(c) Financial

(a) and (b)  Necessary to comply with a legal obligation and performance of a contract with you(c) Necessary for our legitimate interests (to understand if there is a conflict of interest)
To administer and protect our business and website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) (a) Identity(b) Contact

(c) Technical

(a) to (c)  Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
To use data analytics to improve our website, services, marketing and client relationships and experiences (a) Technical(b) Usage (a) and (b) Necessary for our legitimate interests (to define types of clients who use our legal services, to keep our website up-to-date and relevant, to develop our business and to inform our marketing strategy).
To provide you with our newsletter or other publications or communications which  make suggestions and recommendations about our services and events (a) Identity(b) Contact

(c) Technical

(d) Usage

(e) Marketing and Communications

(a) to (e) Necessary for our legitimate interests (to develop our services and develop our business and to inform our marketing strategy).

Marketing

We always strive to provide you with choices regarding the uses of your personal data, particularly where we market our services and events to you.

We may use your Identity, Contact, Technical, Usage and Marketing and Communications Data to form a view on the legal services and events that we feel may be of interest to you. This is how we decide which legal services and events may be relevant for you (we call this marketing).

You may receive marketing communications from us if you have requested information from us in the past or if we have provided legal services to you in the past or if you have contacted us for another reason and, in each case, you have not opted out of receiving that marketing.

You can ask us to stop sending you marketing messages at any time by contacting us using the contact details at the beginning of this privacy policy at any time.

Where you opt out of receiving marketing messages, this will not apply to personal data provided to us where the processing of such data was necessary to comply with a legal or regulatory obligation, to perform the contract we are about to enter into or have entered into with you or for the establishment, exercise or defence of legal claims.

Change of purpose

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 get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us using the contact details at the beginning of this privacy policy.

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.

  1. Job applicants

We will retain your personal information for a period of seven months after we have communicated to you our decision about whether to appoint you to the role you have applied for. We retain your personal information for that period so that we can show, in the event of a legal claim, that we have not discriminated against candidates on prohibited grounds and that we have conducted the recruitment exercise in a fair and transparent way. After this period, we will securely destroy your personal information in accordance with our data retention policy.

If we wish to retain your personal information on file, on the basis that a further opportunity may arise in future and we may wish to consider you for that, we will write to you separately, seeking your explicit consent to retain your personal information for a fixed period on that basis.

  1. Disclosures of your personal data

We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.

  • Internal Third Parties as set out in the Glossary at the end of this privacy policy.
  • External Third Parties as set out in the Glossary at the end of this privacy policy.
  • 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 policy.

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.

  1. International transfers

Some of our external third parties (e.g. Outlook 365 who provide our email and cloud storage services) may be based outside the European Economic Area (EEA) so the processing of your personal data may involve a transfer of data outside the EEA.

Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

Please contact us using the contact details at the beginning of this privacy policy if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

  1. Data security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, altered, disclosed, used or accessed in an unauthorised way.

Our technical security measures include password protection for our IT systems and documents, anonymization and pseudonymisation of documents where possible.

Our organisational security measures include physical security measures for our premises, limiting 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 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.

  1. 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.

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.

By law we have to keep basic information about our clients (including Contact, Identity, Financial and Transaction Data) for at least 7 years after they cease being clients (13 years for clients whose files contain deeds).

You can request further information from us about our retention periods by contacting us using the contact details at the beginning of this privacy policy.

In some circumstances you can ask us to delete your data and 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.

  1. Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data. Details of these rights are set out in the Glossary at the end of this privacy policy. If you wish to exercise any of these rights, please contact us using the contact details at the beginning of this privacy policy.

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.

  1. Glossary

LAWFUL BASIS

Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

Performance of Contract means processing your personal 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.

Establishment, exercise or defence of legal claims means processing your personal data where it is necessary for the establishment, exercise or defence of a legal claim concerning you or a third party.

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best legal service 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 using the contact details at the beginning of this privacy policy.

THIRD PARTIES

Internal Third Parties

Other companies in our corporate group who may act as joint controllers or processors and who may be based inside or outside the EU.

External Third Parties

  • Service providers who may act as processors based inside or outside the EU, including accountants who provide payroll services, IT consultants, dictation service providers, cloud-based document management service providers (Law Fusion), email and cloud storage service providers (Outlook 365), shredding service providers, email service providers (MailChimp), hard-copy archive service providers, mobile phone hardware, software and service providers (Apple) and other services.
  • Professional advisers who may act as controllers or processors including solicitors, barristers, accountants, costs assessors, auditors and other professional advisers based inside or outside the EU who provide legal, financial, consultancy and other professional advisory services.
  • Regulators and other authorities who may act as processors based inside or outside the EU who require reporting of processing activities in certain circumstances (e.g. HMRC and the SRA).

YOUR LEGAL RIGHTS

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 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. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms. You have an absolute right to object where we are processing your personal data for direct marketing purposes.

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. 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. This will not affect the lawfulness of any processing carried out before you withdraw your consent.