Privacy Notice

 

1. PURPOSE OF THIS NOTICE

This notice describes how we collect and use personal information about you, in accordance with the General Data Protection Regulation (GDPR), the Data Protection Act 2018 and any other data protection and privacy laws and regulations applicable to us or to our processing of your personal information (‘Data Protection Legislation’).

This notice describes how we may collect and process information about any data subjects including:

  • Our clients and other people who use our services, including the employees of any clients (referred to for convenience in this notice as ‘Clients’);
  • Professional or business contacts including the employees of any such contacts (referred to for convenience in this notice as “Contacts”);
  • Our Partners, employees, consultants, workers, work experience students, and job applicants (referred to for convenience in this notice as ‘Employees’);
  • Our suppliers and service providers and their agents, employees and representatives; and
  • Visitors to our website.

Paragraphs 3, 4 and 5 of this notice contain specific information for different categories of data subjects. The other paragraphs of this notice contain information relevant to all data subjects including the data subject rights described in paragraph 9 of this notice.

Our “website” includes this website and any other websites of Memery Crystal.

We use cookies on our website and this is explained in our cookies policy here.

Please read this notice carefully to understand our practices regarding your personal data and how we will treat it.

2. ABOUT US

Memery Crystal LLP (“Memery Crystal”, “we”, “us”, “our” and “ours”) is a Limited Liability Partnership registered in England and Wales with registered number OC318258 and is authorised and regulated by the Solicitors Regulation Authority. Our registered office is at 165 Fleet Street, London, EC4A 2DY. Where the term “Partner” is used it denotes a member of the LLP, and a list of our members is available for inspection at our registered office.

We are registered as a data controller with the Information Commissioner’s Office under the Data Protection Act 2018 with registration number Z5749422. For the purpose of the Data Protection Legislation and this notice, we are the “data controller”. This means that we are responsible for deciding how we hold and use personal information about you. We are required under the Data Protection Legislation to notify you of the information contained in this privacy notice.

We have appointed a Data Protection Officer who is responsible for assisting with enquiries in relation to this privacy notice and our treatment of your personal data. If you wish to contact our Data Protection Officer please use the contact details in paragraph 12 (Contact Us).

3. HOW WE MAY COLLECT YOUR PERSONAL INFORMATION

All Data Subjects

We will collect and process information about you: (i) when you contact us by email, telephone, post or social media; and (ii) from third parties and/or publicly available resources (for example, from Companies House).

If you submit an enquiry to us then, depending on the nature of your enquiry, we may collect further details from you so as to understand the context in which you are making the enquiry and/or to understand the legal services that may be of interest to you.

Visitors

We will only collect personal data about you via our website, apart from your IP address and cookie data, when you contact us to request further information about our legal services or if you apply for a position with us. On various occasions, including through forms on our website, we may invite or request you to submit your contact details and other information about yourself or your organisation, or to send us emails, each of which will identify you.

Clients

If you are or become a Client then we will collect and process information about you: (i) when you request a proposal from us in relation to our services; (ii) when you or your employer or other relevant organisation engages us to provide our services; and (iii) during the course of the provision of those services.

Contacts
If you are a Contact and you provide us with your professional or business contact details (or other relevant personal data), we will use this in order to keep in touch with you and exchange information that we believe is, or may become, relevant to our and your business or profession.

Employees

If you are an Employee then we will collect and process additional personal information about you as described in your employment contract, our employee policies, and/or any other applicable separate documents provided to you in connection with your position or your application for a position with us.

4. THE KIND OF INFORMATION WE HOLD ABOUT YOU

All Data Subjects

The information we hold about you may include the following:

  • your personal details (such as your name, address and other contact details);
  • details of any contacts we have had with you in relation to the provision, or the proposed provision, of our services;
  • details of any services you have received from us;
  • our correspondence and communications with you;
  • information about any complaints and enquiries you may have submitted to us;
  • information from any research or surveys conducted by us in which you may have participated;
  • information from any marketing activities to which you may have responded or in which you may have participated;
  • Information we receive from other sources, such as publicly available information, and information provided by your employer or other relevant organisation.

Employees

If you are an Employee then we will collect and process additional personal information about you as described in your employment contract, our employee policies, and/or any other applicable separate documents provided to you in connection with your position or your application for a position with us.

Clients

If you are a Client then we may collect and process additional information about you relevant to (i) your request for a proposal from us in relation to our services; (ii) your engagement of us to provide our services; (iii) the provision of our services; and/or (iv) the management and administration of the relationship between us; which will be as described in the engagement terms between us. This may include information in order to satisfy our obligations under Anti-Money Laundering Regulations and other legislation applicable to the provision of our services. If you do not provide us with the information we need, we will not be able to provide our professional services for you or the company or other person you represent.

5. HOW WE USE INFORMATION WE HOLD ABOUT YOU

Employees

If you are an Employee then we will use your personal information for purposes additional to the purposes set out in this notice, as described in your employment contract, our employee policies, and/or any other applicable separate documents provided to you in connection with your position or your application for a position with us.

Clients

If you are a Client then we will use your personal information for purposes additional to the purposes set out in this notice including in relation to the provision of our services and the management and administration of the relationship between us; which will be as described in the engagement terms between us.

All Data Subjects

We may process your personal data for purposes necessary for the performance of our contract with you, or for steps preparatory to entering into a contract with you, and to comply with our legal obligations.

We may process your personal data for the purposes of our own legitimate interests provided that those interests do not override any of your own interests, rights and freedoms which require the protection of your personal data. This includes processing for marketing, business development, statistical and management purposes.

We may process your personal data for certain additional purposes with your consent, and in these limited circumstances where your consent is required for the processing of your personal data then (i) we will request such consent from you separately, and (ii) you have the right to withdraw your consent to processing for such specific purposes.

Please note that we may process your personal data on more than one lawful ground depending on the specific purpose for which we are using your data.

Situations in which we will use your personal information

We may use your information in order to:

  • carry out our obligations arising from any agreements entered into between you or your employer or other relevant organisation and us (which will most usually be our engagement for the provision of our services;
  • provide you with information related to our services and our events and activities that you request from us or which we feel may interest you, provided you have consented to be contacted for such purposes;
  • seek your thoughts and opinions on the services we provide; and
  • notify you about any changes to our services.

In some circumstances we may anonymise or pseudonymise the personal data so that it can no longer be associated with you, in which case we may use such information without further notice to you.

If you refuse to provide us with certain information when requested, we may not be able to perform the contract we have entered into with you. Alternatively, we may be unable to comply with our legal or regulatory obligations.

We may also process your personal information without your knowledge or consent, in accordance with this notice, where we are legally required or permitted to do so.

Data Retention

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

When assessing what retention period is appropriate for your personal data, we take into consideration:

  • the requirements of our business and the services provided;
  • the purposes for which we originally collected the personal data;
  • the lawful grounds on which we based our processing;
  • the types of personal data we have collected;
  • the amount and categories of your personal data; and
  • whether the purpose of the processing could reasonably be fulfilled by other means.

If you are or become a client (or the company or other person you represent is or becomes a client), we normally retain information related to our engagement (including personal data) for a minimum period after the end of the relevant engagement or client relationship, or for longer where it is necessary for us to do so for compliance with regulatory or other legal obligations, or for the establishment, exercise or defence of legal claims, or where we agree with you to do so. In some cases it may be necessary for us to retain records indefinitely.

Change of purpose

Where we need to use your personal data for another reason, other than for the purpose for which we collected it, we will only use your personal information where that reason is compatible with the original purpose.

Should it be necessary to use your personal data for a new purpose, we will notify you and communicate the legal basis which allows us to do so before starting any new processing.

6. DATA SHARING

Why might you share my personal information with third parties?

We will share your personal information with third parties where we are required by law, where it is necessary to administer the relationship between us or where we have another legitimate interest in doing so.

Which third-party service providers process my personal information?

“Third parties” includes third-party service providers. The following activities are carried out by third-party service providers: IT and data storage services, professional advisory services, word-processing, photocopying, translation and other administration services, marketing services and banking services.

All of our third-party service providers are required to take commercially reasonable and appropriate security measures to protect your personal information. We only permit our third-party service providers to process your personal data for specified purposes and in accordance with our instructions.

What about other third parties?

We may share your personal information with other third parties, for example in the context of the possible sale or restructuring of our business, where an external organisations conducts an audit or undertakes quality checks for us, or where sharing with third parties such as counsel or other lawyers, accountants and experts is appropriate in order to provide our services to you. We may also need to share your personal information with a regulator or to otherwise comply with the law. We may disclose your personal information in order to protect our rights or property or those of our clients or others; and this includes exchanging information with other companies and organisations for the purposes of fraud prevention, compliance with anti-money laundering and ‘know your client’ requirements, and credit risk reduction.

7. TRANSFERRING INFORMATION OUTSIDE THE EUROPEAN ECONOMIC AREA (EEA)

We will not ordinarily transfer the personal information we collect about you outside of the EEA. However, if any third parties by whom your personal data are to be processed are based outside the EEA so that their processing of your personal data will involve a transfer of data outside the EEA we will ensure a similar degree of protection is afforded to it by ensuring that at least one of the following safeguards is implemented:

  • 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 certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe.
  • Where the third parties are based in the US, we may either use the above contracts approved by the European Commission or we may transfer data to them if they are part of the EU–U.S. Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US.

Please contact our Data Protection Officer if you want further information on the specific mechanism to be used by us if we are to transfer your personal data outside of the EEA

8. DATA SECURITY

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

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

9. RIGHTS OF ACCESS, CORRECTION, ERASURE, AND RESTRICTION  

Your duty to inform us of changes

It is important that the personal information we hold about you is accurate and current. Should your personal information change, please notify us of any changes of which we need to be made aware by contacting us, using the contact details below.

Your rights in connection with personal information

Under certain circumstances, by law you have the right to:

  • Request access to your personal information. This enables you to receive details of the personal information we hold about you and to check that we are processing it lawfully.
  • Request correction of the personal information that we hold about you.
  • Request erasure of your personal information. This enables you to ask us to delete or remove personal information 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 information where you have exercised your right to object to processing (see below).
  • Object to processing of your personal information 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. You also have the right to object where we are processing your personal information for direct marketing purposes.
  • Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
  • Request the transfer of your personal information to another party.

If you wish to exercise any of the above rights, please email dataprotectionofficer@memerycrystal.com.

You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.

10. RIGHT TO WITHDRAW CONSENT  

In those circumstances where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose (for example, in relation to direct marketing that you have indicated you would like to receive from us), you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please email dataprotectionofficer@memerycrystal.com.

Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.

11. CHANGES TO THIS NOTICE

Any changes we may make to our privacy notice in the future will be notified by publishing an updated version on our website at: www.memerycrystal.com.

12. CONTACT US

If you have any questions regarding this notice or if you would like to speak to us about the manner in which we process your personal data, please email our Data Protection Officer at dataprotectionofficer@memerycrystal.com or telephone +44 (0) 20 7242 5905.

You also have the right to make a complaint to the Information Commissioner’s Office (ICO: www.ico.org.uk), the UK supervisory authority for data protection issues, at any time. We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

This notice was last updated on: 12th October 2018