Privacy policy.

 

Introduction

Welcome to the privacy policy of ASENDA LAW.  

Last Updated: 6 February 2024


1. Important information and who we are

Purpose of this privacy policy

We respect your privacy and are committed to protecting your personal data.

Whenever you interact with us (inluding, without limitation, whether by email, telephone, other electronic transmission or your use of the www.asendalaw.co.uk website), we will collect and process your personal data. This privacy policy aims to provide a transparent summary of how we will collect your personal data and the purposes for which we will process it.

This website is not intended for children and we do not knowingly collect data relating to children.

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

ASENDA LAW Ltd is the controller and responsible for your personal data (referred to as "we", "us" or "our" in this privacy policy).

If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact us by email at hello@asendalaw.co.uk.

Contact details

If you have any questions about this privacy policy or our privacy practices, please contact us:

Full name of legal entity: ASENDA LAW Ltd
Email address: hello@asendalaw.co.uk
Postal address: 9 Alexandra Road, West Kirby, Wirral, CH48 0RT
Telephone number: +44 (0)3333 058 446

You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK regulator 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.

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 on 6 February 2024.

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

This website does not include links to third-party websites, plug-ins and applications. However, if any such links. Plug-ins or applications are used on our website in the future, please note that clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the 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).

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

  • Identity Data includes your name(s), title, date of birth, gender, a copy of your passport and/or other photographic identity document, and photographs you have provided to us on request.

  • Contact Data includes billing address, email address and telephone numbers.

  • Financial Data includes bank account and payment card details.

  • Service Data includes details about payments to and from you and other details of the services we have provided to you.

Updates and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

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 Identity, Contact and Financial Data by corresponding with us by phone or email, by filing in forms on our website or, where you have agreed, by submitting this information to us via third-party websites or service providers.

Third parties or publicly available sources. We may obtain personal data about you from publicly available sources (such as Companies House and/or other public registers).

4. How we process your personal data

We will only process your personal data when the law allows us to. Most commonly, we will process 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 it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.

  • 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. Where we do require your prior written consent as a legal basis for processing your personal data, we shall ensure that such consent is expressly and freely given, clear, unambiguous, unbundled from other terms and conditions, concise and easy to understand. You have the right to withdraw consent at any time; should you wish to withdraw consent, please contact us at hello@asendalaw.co.uk

Purposes for which we will process your personal data

We have set out below, in a table format, a description of all the ways we plan to process your personal data, and which of the legal bases we rely on to do so. We have also identified our legitimate interests for such processing, where appropriate.

Note that we may process your personal data one the basis of more than one lawful ground depending on the specific purpose for which we are processing 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.

Change of purpose

We will only process your personal data for the purposes for which we collected it, unless we reasonably consider that we need to process 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.

If we need to process 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.

Purpose/Activity

Type of data

Lawful basis for processing including basis of legitimate interest

To carry out our professional obligations in (1) checking whether we can act for you as a new or existing client (2) checking whether we can act across from you as a counter party or other third party on a matter involving a new or existing client (3) carrying out all of our legal and regulatory compliance requirements (including, without limitation, conflicts of interest checks, anti-money laundering checks, anti-terrorism checks, sanctions checks, fraud checks and background screening)
  1. Identity
  2. Contact
  3. Financial
  4. Professional
  1. Performance of a contract with you
  2. to comply with a legal or regulatory obligation
  3. Public interest
  4. Necessary for our legitimate interests (to detect and prevent the commission of fraud, money laundering and terrorism offences)

To register you as a new client

(a) Identity

(b) Contact

Performance of a contract with you

To deliver the requested services to you, including:

  1. Engaging third party service providers;
  2. Manage payments, fees and charges;
  3. Collecting and recover money owed to us
  1. Identity
  2. Contact
  3. Financial
  4. Service
  5. Updates and Communications

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to recover debts due to us)

To manage our relationship with you which will include notify you of changes to our terms of service and privacy policy from time to time
  1. Identity
  2. Contact
  3. Marketing and Communications

Performance of a contract with you

Necessary to comply with a legal obligation

Necessary for our legitimate interests (to keep our records updated and to study how customers and clients use our products and services)

To contact you about services we believe you may be interested in
  1. Identity
  2. Contact
  3. Service Data
  4. Updates and Communications

Necessary for our legitimate interests (to develop our products and services and grow our business)

5. 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 above.

  • 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 process 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 process 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.

6. International transfers

We engage some external third parties based outside the UK in order to provide services to you and process your personal data in accordance with this privacy policy. Where we work with such third parties, we will transfer your personal data outside the UK.

That said, whenever we transfer your personal data out of the UK, we will not do so without ensuring a similar degree of protection is afforded to that personal data. We do this by requiring at least one of the following safeguards to be implemented prior to any such international transfer:

  • We will only transfer your personal data to territories that have been deemed to provide an adequate level of protection for personal data (such as those located or established in the European Union); or

  • Where we use providers outside of the EU, we may use specific contracts approved for use by the UK which gives your personal data the same protection it has in the UK.

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

7. Data security

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

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.

8. Data retention

How long will you process my personal data for?

We will only process 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.

9. Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data, as further set out in the Glossary.

If you wish to exercise any of the rights, please contact us via email to hello@asendalaw.co.uk.

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 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 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.

10. Glossary

LAWFUL BASIS

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best 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 process 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 contacting us.

Performance of Contract means processing your 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.

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

THIRD PARTIES

External Third Parties

  • Information technology service providers which provide IT support and system administration services to us, such as:

    • our client and document management service provider (Clio - https://www.clio.com/uk/)

    • our email management service providers (such as Microsoft Office)

    • our invoicing and accounting software providers (such as Xero - https://www.xero.com/uk/)

    • our intellectual property management software service providers (such as Web TMS - https://www.webtms.com).  

  • Identity verification and anti-money laundering check service providers, such as SmartCredit Limited. SmartCredit Limited acts as a data processor based in the UK and assists us by processing your personal data for the purpose of verifying your identity and conducting anti-money laundering checks relevant to you which are required by us in order for us to comply with our professional obligations.

  • Where your personal data is collected or processed via our website, Squarespace, Inc., such personal data is stored by Squarespace, Inc. in multiple Tier III data centres across the United States. The transfer takes place on the basis that Squarespace, Inc. appears on the Data Privacy Framework List, meaning it has been certified as being compliant with the UK Extension to the EU-US Data Privacy Framework

  • Third party external professional advisers or experts engaged to provide services to you or us (such as our third party legal consultants), barristers, trade mark or patent attorneys bankers, auditors and insurers based in the UK, as well as their professional advisors.

  • HM Revenue & Customs, regulators and other authorities  based in the United Kingdom who require reporting of processing activities in certain circumstances.

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

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:

  • If you want us to establish the data's accuracy.

  • Where our processing of the data is unlawful but you do not want us to erase it.

  • 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.

  • You have objected to our processing of your data but we need to verify whether we have overriding legitimate grounds to process it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to process or where we process that data to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain services to you. We will advise you if this is the case at the time you withdraw your consent.