Commercially Legal Limited.  A company registered in England and Wales.  Company number 8159500.

Registered Office: 30 Birkenhead Road | Hoylake | Wirral | CH47 3BW | UK

VAT number: 175 0265 16.

Privacy Policy

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Commercially Legal  Limited is not a law firm and is not regulated by the Solicitors Regulation Authority (SRA).

No staff of the company are practising solicitors.  Staff who are solicitors are non-practising solicitors.

PRIVACY POLICY

 

 

 

CONTENTS

  1. Introduction

  2. Who we are

  3. Keeping your personal data up to date

  4. Changes to this privacy policy

  5. Information covered by this privacy policy

  6. Collection of personal data

  7. How we use your personal data

  8. Transfers of personal data

  9. Where we store your personal data

  10. How long we store your personal data for

  11. Security of your personal data

  12. Third party websites and apps

  13. Your rights

  14. Contacting us

 

 

 

1.          Introduction

 

This is the privacy policy or ‘privacy notice’ of Commercially Legal Limited ("Commercially Legal", "us" or "we"), which applies to all personal data we process (except in relation to our staff, which are covered by a separate policy).

 

In this privacy policy, "personal data" means data that (either in isolation or in combination with other data held by us) enables you to be identified as an individual or recognised directly or indirectly. This may (for example) include your name, title, date of birth, gender, postal address, email address, telephone number, or identification documents.

 

This privacy policy applies where we are acting as a ‘controller’ of your personal data (meaning where we determine the purposes and means of the processing of your personal data).

 

This privacy policy governs the collection and use of personal data by Commercially Legal.  This includes any personal data you may provide as part of any contract you enter into with us, any personal data you provide (or is available to us) through your use of Commercially Legal’s website and which we may obtain from other sources.

 

Please do not supply any other person's personal data to us, unless we prompt you to do so.

 

We are committed to protecting and respecting your privacy. This privacy policy explains the types of personal data we collect, how we use that data, who we share it with, how we protect that data, and your legal rights in relation to that data.

 

It is important that you read this privacy policy 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 personal data. This privacy policy supplements any such other notices and is not intended to override them.

 

This privacy policy may be updated from time to time (see section 4).  This version is effective as of 25th May 2018.

2.          Who we are

For the purpose of applicable data protection laws, the controller of your personal data is Commercially Legal Limited whose registered office is 30 Birkenhead Road, Hoylake CH47 3BW (company number 08159500).  For more information about Commercially Legal please see: www.commerciallylegal.com.

 

If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact us (see section 14).

 

 

3.          Keeping your personal data up to date

 

It is important that the personal data we hold about you is accurate and current. Please keep us informed (using the contact details in section 14) if any of your personal data changes.

4.          Changes to this privacy policy

We reserve the right to amend this privacy policy at our sole discretion, without prior notice to you. You should check our website (www.commerciallylegal.com/privacy-policy) occasionally to ensure you are happy with any changes to this privacy policy.  We may notify you by email of any such changes (including when they will take effect).  If you continue to use our services or to provide us with your personal data following the posting of changes to this privacy policy means that you consent to those changes (but this does not affect your rights set out in section 13).

 

 

5.          Information covered by this privacy policy

This privacy policy covers all personal data collected and used by Commercially Legal.

 

The different types of personal data we may collect are referred to below.  We use these terms elsewhere in this privacy policy to cover the personal data referred to:

 

  • We may process data about your identity ("Identity Data"), which may include your first name(s), surname, any applicable maiden name, title and date of birth.

  • We may process your contact details ("Contact Data"), which may include any applicable business name, business address, home address, email address(es) and telephone number(s).

  • We may process data about your contract with us ("Contractual Data"), which may include details about the services we have contracted to provide to you and the terms on which we have agreed to provide them (including the charges paid or payable by you and the nature of your dealings with third parties where applicable).

  • We may process financial data about you ("Financial Data"), which may include bank account details and details of your business turnover.

  • We may process certain technical data ("Technical Data"), which may include your internet protocol (IP) address, internet browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology used to access our website and information about which pages on our website you have viewed or searched for.

  • We may process information contained in or relating to any communication which you send to us, or which we send to you or on your behalf ("Correspondence Data"), which may include the content of the communication itself, as well as other applicable personal data (such as, for example, Identity Data, Contact Data and Contractual Data).

  • We may process your preferences in receiving marketing from us and your communication preferences ("Marketing Data").

6.          Collection of personal data

 

We may collect personal data about you from the different sources detailed below.

Information you give us:

 

Unless expressly stated below, you are not bound by any contractual or statutory obligation to provide personal data to us.  However, if you choose to enter into a contract with us then we will need certain information for the purposes of entering into and performing that contract (which may include personal data) and we may not be able to conclude or perform a contract with you without that information.

 

When you access and browse our website (including when you fill in forms on our website), when you correspond with us by phone or email or other electronic means and when you enter into a contract with us or order our services, you may give us information about yourself. 

 

The information you give us may include your name, surname, business name, home postal address, business postal address, email address, landline and/or mobile telephone number(s), bank account information and identification documents, as well as other personal data.  This includes personal data you provide when you:

  • use our services (or enquire about the possibility of using our services);

  • request marketing or other information to be sent to you; and/or

  • enter into any correspondence with us.

 

Information we collect about you:

 

With regard to each of your visits to our website, we may also use cookies and other technologies to automatically collect the following information:

  • technical information, including the internet protocol (IP) address used to connect your computer to the internet, internet browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology used to access our website; and

  • information about your visit, including the full Uniform Resource Locators (URL) clickstreams to, on and from our website, pages you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks and mouse-overs) and methods used to browse away from the page

 

Information we receive and collect from other sources:

Occasionally, we may collect information from third parties which may provide us with your contact details so that we can contact you about our services.  We may also collect information about you from publicly available sources, such as information available online or in directories, or from other third-party sources.

The different kinds of personal data about you which we may collect and process from third parties are:

  • Technical Data from our service providers, analytics providers (such as Google) and search information providers;

  • Identity Data and Contact Data from data brokers or other data suppliers;

  • Identity Data and Contact Data from publicly availably sources such as Companies House, websites (including social media sites) or business directories; and

  • Identity Data and Contact Data from your employer or another third party which engages your services.

 

We also collect, use and share aggregated data such as statistical or demographic data for any purpose. Such 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 certain Technical Data to calculate the percentage of users accessing a specific website page. However, if we combine or connect any such 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.

In some cases, it is a term of our contract with you that you must provide us with information for the purposes of us making checks to verify your identity.  In these cases, it is a contractual obligation that you provide us with this information.  If you do not then you may be in breach of contract and we may be entitled to terminate your contract.

We do not collect any personal data about you which the law refers to as ‘Special Categories of Personal Data’ (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).  We also do not collect any information about criminal convictions or offences.

7.          How we use your personal data

We will only use your personal data when the law allows us to.  Each basis on which we are lawfully permitted to process your personal data is known as the ‘legal basis’ for processing.  

The purposes for which we may use your personal data and the types of legal basis that we will rely on to process your personal data are set out in the table below.  Note that we may process your personal data for more than one legal basis depending on the specific purpose for which we are using your personal data (as shown in the table).  Where more than one is shown, please contact us (see section 14) if you would like details about the specific legal basis we are relying on to process your personal data in any particular scenario.

  • Purpose/Activity:

To deal with and respond to enquiries about our services.

  • Type of data:

Identity Data

Contact Data

  • Legal basis for processing:

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.

Necessary for our legitimate interests (to run our business and deal with enquiries from existing or prospective clients).

  • Purpose/Activity:

To register you as a new client.

  • Type of data:

Identity Data

Contact Data

Contractual Data

Financial Data

  • Legal basis for processing:

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.

Necessary for our legitimate interests (to run our business and engage new clients).

  • Purpose/Activity:

To make checks about your identity.

  • Type of data:

Identity Data

Contact Data

Financial Data

  • Legal basis for processing:

Processing undertaken with your consent.

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.

Necessary for our legitimate interests (to verify your identity as a client or prospective client).

  • Purpose/Activity:

To provide the services you have requested and otherwise perform our obligations under our contract with you.

  • Type of data:

Identity Data

Contact Data

Contractual Data

Correspondence Data

  • Legal basis for processing:

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.

  • Purpose/Activity:

To enforce our rights under our contract with you (including to collect and recover money owed to us).

  • Type of data:

Identity Data

Contact Data

Contractual Data

Financial Data

Technical Data

Correspondence Data

  • Legal basis for processing:

Necessary for our legitimate interests (to run our business, enforce our rights and to recover debts due to us).

   

  • Purpose/Activity:

To manage our relationship with you, which will include administration of your contract and notifying you about changes to our terms of business or privacy policy.

  • Type of data:

Identity Data

Contact Data

Contractual Data

Financial Data

Technical Data

Correspondence Data

  • Legal basis for processing:

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.

Necessary for our legitimate interests (to run our business, to manage our risks, to keep our records updated and to study how our clients use our services).

  • Purpose/Activity:

To obtain or maintain insurance coverage, to manage legal, financial or commercial risks and to obtain professional advice.

  • Type of data:

Identity Data

Contact Data

Contractual Data

Financial Data

Technical Data

Correspondence Data

Marketing Data

  • Legal basis for processing:

Necessary for our legitimate interests (to identify, assess and manage risk, to insure against risk, to obtain legal advice in connection with any actual or potential risks and to otherwise protect our business against risks).

  • Purpose/Activity:

To enable you to partake in a promotion or complete a survey.

  • Type of data:

Identity Data

Contact Data

Technical Data

Marketing Data

  • Legal basis for processing:

Processing undertaken with your consent.

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.

Necessary for our legitimate interests (to study how our clients use our services, to develop and grow our business).

  • Purpose/Activity:

To administer and protect our business and our website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data).

  • Type of data:

Identity Data

Contact Data

Technical Data

Correspondence Data

  • Legal basis for processing:

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.

Necessary for our legitimate interests (to run our business, including our dealings with third party service providers we deal with, to operate and maintain our website and network security, to provide administration and IT services, to prevent fraud and to reorganise or restructure our business).

  • Purpose/Activity:

To use data analytics to improve our website, services, marketing, client relationships and experiences.

  • Type of data:

Technical Data

  • Legal basis for processing:

Necessary for our legitimate interests (to define types of clients for our services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy).

  • Purpose/Activity:

To comply with legal requirements (including where you exercise any of your rights referred to in this privacy policy), to exercise our legal rights and to bring or defend legal claims.

  • Type of data:

Identity Data

Contact Data

Contractual Data

Financial Data

Technical Data

Correspondence Data

Marketing Data

  • Legal basis for processing:

Necessary to comply with a legal obligation.

Necessary for our legitimate interests to exercise our legal rights and to bring or defend legal claims.

 

In addition to the specific purposes for which we may process your personal data set out above, we may also process any of your personal data where such processing is necessary:

  • for compliance with a legal obligation to which we are subject; or

  • in order to protect your vital interests or the vital interests of another natural person.

We will only use your personal data for the purposes shown above. If we need to use your personal data for a different purpose, we will update this privacy policy and notify you of the change before starting any such new processing.

Please note that in some circumstances 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.

8.          Transfers of personal data

We may have to share your personal data with the parties set out below for the purposes shown:

  • third parties such as:

    • service providers (acting as our data processors) who provide us with services relating to IT, hosting and other infrastructure and IT system administration (including email software and services), marketing (including competitions, advertising and market research), communications, training, payment processing and data cleansing and processing services;

    • service providers (acting as our data processors) who provide us with payroll and accounting services; and

    • professional advisers (acting as our data processors) including lawyers, bankers, accountants, auditors and insurers who provide legal, banking, accounting, auditing and insurance services to Commercially Legal;

  • HM Revenue & Customs, government authorities and regulators, for purposes required by law or regulation; and

  • the police and fraud prevention agencies, for the purposes of crime detection and prevention.

We may also disclose your personal data to third parties:

  • in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;

  • if we are under a duty to disclose or share your personal data in order to comply with any legal obligation to which we are subject;

  • where necessary for the establishment, exercise or defence of legal claims;

  • in order to enforce our contracts or to protect our rights, property or safety; or

  • in order to protect your vital interests or the vital interests of another natural person.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. Our third-party service providers (to the extent they are acting as our data processors) are contractually bound to use personal data only to perform the services that we have engaged them to provide and they are only permitted to process your personal data in accordance with our instructions.

Please note that some of our external third-party service providers may be based, or may process personal data, outside the European Economic Area (EEA), so their processing of your personal data will involve a transfer outside the EEA.  Please see section 9 about personal data being processed outside of the EEA.

9.          Where we store your personal data

Usually your personal data will be stored in the United Kingdom.  However, some of our external third-party service provides may be based, or may process personal data, outside the European Economic Area (EEA), so your personal data may be transferred to a destination outside of the EEA.  This means it may also be stored and processed at a destination outside of the EEA, including by staff operating outside the EEA who work for one of our service providers.

Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it than applies within the EEA, by ensuring that certain minimum legal safeguards are met or implemented.  We take all steps that are mandatory or reasonably necessary to ensure that your personal data is treated securely and in accordance with applicable data protection laws.

The destinations outside EEA to which we may transfer your personal data are countries for which the European Commission has made an "adequacy decision" with respect to the data protection laws of those countries.

Please contact us (see section 14) if you would like further information about the circumstances in which we transfer your personal data out of the EEA or the safeguards we use.

10.        How long we store your personal data for

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, or as may be required for other lawful purposes.

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.

We may hold your personal data during the continuance of your relationship with you and for up to seven years after any such relationship ends or after we last have contact with you.

We may also retain your personal data where such retention is necessary in order to protect your vital interests or the vital interests of another natural person.

If you would like more information about the periods for which we retain different aspects of your personal data, please contact us (see section 14).

In some circumstances, you can ask us to delete your personal data, or restrict or object to our processing of your personal data.  Please see section 13 regarding ‘Your Rights’ for further information.

11.        Security of your personal data

We use administrative, technical, and physical measures to safeguard personal data against loss, theft and unauthorised use, access or modification.  Our staff and our third-party service providers are under a duty to process your personal data only in accordance with our instructions and they are subject to a duty of confidentiality regarding your personal data.

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.

12.        Third party websites and apps

Our website may, from time to time, contain links to and from third party websites and we may provide you with details of apps provided by third parties.  Please note that if you follow a link to any of these websites or download an app, these websites and apps will have their own terms of use and privacy policies and that we do not accept any responsibility of liability for these policies.  Please check these terms and policies before you submit any personal data to these websites or apps.

13.        Your rights

You have the rights set out below with respect to the personal data that we hold about you.  Please contact us (see section 14) in order to exercise any of these rights.

You will not normally have to pay a fee to exercise any of these 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 when you seek to exercise any of your 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 help clarify the scope of your request.

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.

Your right to access the information we hold about you

You have the right to ask us whether or not we process your personal data and to request information on the purposes of data processing as well as confirmation on whether we use your personal data for these purposes only.

In some circumstances, we may not be able to give you access to the personal data we hold about you (for example, we may not be able to give you access if it would unreasonably affect someone else's privacy or if giving you access poses a serious threat to someone's life, health or safety).

 

You also have the right to be informed of the third parties to which we transfer your personal data within the scope of this privacy policy.

 

Your right to have your personal data corrected

You can ask us to correct any incomplete or inaccurate personal data we hold about you, although we may need to verify the accuracy of the new data you provide to us.

 

Your right to erasure of your personal data

You can ask us to delete or remove your 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 personal data unlawfully or where we are required to erase your personal data to comply with local law.

 

Please 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, after you make your request. 

 

Your right to request restriction of the processing of your personal data

You may ask us to suspend the processing of your personal data:

  • if you want us to establish the accuracy of the personal data;

  • where our use of the personal data is unlawful but you do not want us to erase the data;

  • where you need us to hold the personal data even if we no longer require the data, as you need the data to establish, exercise or defend legal claims; or

  • you have objected to our use of your personal data but we need to verify whether we have overriding legitimate grounds to use the data.

We will inform you when you decide to lift any such restriction on processing.

Your right to object to us processing your personal data

You have the right to ask us to stop processing your personal data:

  • for direct marketing (including any profiling we undertake for the purposes of direct marketing); and

  • where the processing is based on legitimate interests (including any profiling we undertake to send you personalised offers, recommendations about our services and similar content) 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. We will comply with your right to object in these circumstances, unless:

    • we can demonstrate that we have compelling legitimate grounds to process your personal data which override your rights and freedoms; or

    • the processing is for the establishment, exercise or defence of legal claims.

We will only process your personal data for direct marketing purposes if you have previously agreed to this, but if you change your mind you can easily unsubscribe from our marketing communications at any time by following the instructions included in these marketing communications. 

Where we are relying on your consent to process your personal data, you may withdraw consent at any time. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent.

Your right to object to automated decision making

We do not ordinarily make any decisions which are based exclusively on automated processing.  Nevertheless, you have the right not to be subject to a decision which is based exclusively on automated processing and produces a legal effect or a similarly significant effect on you.  In these circumstances, you are entitled to obtain human intervention, express your point of view and obtain an explanation of the decision and challenge it.  However, this right does not apply if the automated decision is necessary for entering into or performance of a contract between you and us, is authorised by law or is based on your explicit consent.

Your right to have your personal data transmitted to another organisation

Where we process personal data about you which:

  • have been provided by you directly to us; and

  • are processed by automated means; and

  • are processed with your consent or for the performance of a contract with you,

you have the right to ask us to provide you with the personal data we hold about you in a structured, commonly used and machine-readable format or, where technically feasible, to transmit that personal data to another organisation.

Making a complaint

You have the right to lodge a complaint to the Information Commissioner's Office, the UK supervisory authority for data protection issues (www.ico.org.uk), if you believe that we have not complied with applicable data protection laws. You also have a right to claim damages if processing of your personal data violates applicable data protection law.

We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance (see below).

 

 

14.        Contacting us

If you have any questions about this privacy policy, or if you wish to exercise your rights as referred to in this privacy policy, please contact us by using the contact form on our website (www.commmerciallylegal.com/contact).

 

Alternatively, you can write to us at:

Data Protection Manager

Commercially Legal Limited

30 Birkenhead Road

Hoylake

Wirral

CH47 3BW