1. IMPORTANT INFORMATION AND WHO WE ARE

IMPORTANT INFORMATION AND WHO WE ARE

Introduction

Welcome to CJCH Solicitor’s Anti-Piracy and Licence Compliance privacy policy.

This privacy notice aims to give you information on how CJCH Solicitors collects and processes your personal data in connection with its Anti-Piracy and Licence compliance services.

This privacy policy is provided in a layered format.  This means that if you click on a link below it will bring up the relevant text for you to read.

Please use the Glossary (at the end of this document) to understand the meaning of some of the terms used in this privacy policy.

Please note that our websites (cjchsolicitors.co.uk and cjchsolicitors.com) are not intended for children and we do not knowingly collect data relating to children unless it directly relates to a matter we are instructed on.

1. Important information and who we are

It is important that you read this privacy policy together with any other privacy policy or fair processing policy 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. This privacy policy supplements other notices and privacy policies and is not intended to override them.

Controller

Timothy Hartland, Jacqui Seal and Jodi Winter (a partnership) trading as ‘CJCH Solicitors’ is the controller and responsible for your personal data (collectively referred to as “CJCH Solicitors“, “we“, “us” or “our” in this privacy policy).

We have appointed both a data protection liaison offer (DPLO) and a data protection officer (DPO) who will oversee questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise your legal rights (which are explained below), you may contact us directly via our DPLO or you may contact our DPO using the details set out below.

Contact details

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 we would be grateful if you would please contact us in the first instance.

Personal data about other people which you provide to us

If you provide personal data to us about someone else (such as your directors or employees, or someone with whom you have business dealings) you must ensure you are entitled to disclose that personal data to us and that, without our taking any further steps, we may collect, use and disclose that personal data as described in this privacy policy.

You must ensure the individual concerned is aware of the various matters detailed in this privacy policy, as those matters relate to that individual.  Specifically, you should ensure the individual is aware of our identity, how to contact us, our purposes of collection, our disclosure practices (including disclosure to overseas recipients), the individual’s right to obtain access to the personal data and make complaints about the handling of the personal data, and the consequences if the personal data is not provided (such as our inability to provide services).

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

We keep our privacy policy under regular review. This version was last updated in January 2021.

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 websites 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 websites, we encourage you to read the privacy policy of every website you visit.

2. 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 (anonymous data).

“Special categories” of particularly sensitive personal information require higher levels of protection. We may need to be able to collect, store and use this type of personal information for the legal services we provide.

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

• • Contact Data such as full name; job title; area of business; email address; telephone number; and other business contact information.
  • Correspondence Data details of any correspondence you or other parties may have with us during the course of any anti-piracy compliance matter.
  • Technical Piracy Data information that reveals an unauthorised use of software has occurred.
  • Website 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 websites.

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). Nor do we collect any information about criminal convictions and offences.

3. HOW IS YOUR PERSONAL DATA COLLECTED

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

• Direct interactions. You may give us your Contact Data, Technical Piracy Data and/or Correspondence Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you or your organisation:
  • respond to an allegation of anti-piracy (whether to admit the allegation or defend the allegation);
  • otherwise interact on our websites.
• Automated technologies or interactions. As you interact with our websites, we will automatically collect Technical and Usage Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. Please see the cookie policy on each of our websites for further details.
• Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:
  • Contact Data from publicly availably sources such as Companies House, HM Land Registry, the Electoral Register and any website connected to a business to which you are associated and who may be based inside and/or outside the EU;
  • Contact Data and Technical Piracy Data from potential defendants, other lawyers, courts and regulators who may be connected to the anti-piracy and compliance matter that we are instructed on.

4. HOW WE USE YOUR PERSONAL DATA

General legal basis of processing

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

• Where we need to perform the contract we are about to enter into or have entered into with you (where you are our client).
• 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. An example of this would be where you are referred to in a matter on which we are advising.
• Where we need to comply with a legal or regulatory obligation.

Generally, we do not rely on consent as a legal basis for processing your personal data.

You can find out more about the types of lawful basis that we will rely on to process your personal data by looking at the Glossary at the end 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 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.

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 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.

5. Cookies

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 websites may become inaccessible or not function properly. For more information about the cookies we use, please see the cookies policies on our various websites.

6. DISCLOSURES OF YOUR PERSONAL DATA

We may share your personal data with the parties set out below for the purposes set out in the table in section 4 above. The third parties we may share personal data with are:

• Internal Third Parties as set out in the Glossary.
• External Third Parties as set out in the Glossary.
• 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.

7. INTERNATIONAL TRANSFERS

In the normal course of doing business, we plan to store and process your personal data in the United Kingdom.

Sometimes, however, we may need to transfer information outside the United Kingdom.  Examples of where this might happen include where we need to use experts or lawyers in other countries.  Where this happens, we make sure that appropriate protection is in place to transfer your information securely.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the United Kingdom.

8. 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.

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.

9. DATA RETENTION

How long will you use my personal data for?

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

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, regulatory, tax, accounting or other requirements.

10. YOUR LEGAL RIGHTS

Under certain circumstances, you have rights under data protection laws in relation to your personal data. We have set out those rights below:

• Request access to your personal data.
• 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 your personal data.
• 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.
• 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 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 transfer of your personal data.
• 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.
• Right to withdraw consent.
• 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 our DPLO.  Alternatively, you can send your request to our DPO.

If you wish to exercise any of the rights set out above, please contact us.

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 could 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 righml]ts). 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 could 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.

11. EU Representative

CJCH Solicitors does not come within the scope of the European Union General Data Protection Regulation (‘EU GDPR’) following the United Kingdom’s exit from the European Union on 31 December 2020.

We have appointed a representative, DataRep, who you may address if you are located in the EU to raise any issues or queries you may have relating to our processing of your Personal Data and/or this Privacy Policy more generally. You may contact our EU-Based Representative using the details set out below.

Please note that contacting our EU-Based Representative is not applicable for UK residents whose Personal Data does not fall within the scope of Article 3 of the EU GDPR. We kindly ask therefore, that you contact us via our DPLO directly in such instances.

You may contact our EU Representative by:

• E-mail: datarequest@datarep.com quoting <CJCH Solicitors> in the subject line,
• Online Webform: datarep.com/data-request, or
• Post*: mailing your inquiry to DataRep at the most convenient of the addresses outlined below.

*Please note when mailing inquiries, it is essential that you address your letters to ‘DataRep’ and not ‘CJCH Solicitors’ as the inquiry may not reach DataRep otherwise. However, please ensure to refer clearly to CJCH Solicitors in the correspondence.

DataRep addresses for mailing inquiries, please ensure it is addressed to DataRep and not CJCH Solicitors.

12. GLOSSARY

Version 1 January 2021