Privacy Statement, Data Protection & Usage

Babbé LLP is committed to protecting your privacy and maintaining the security of any personal information received from you. We strictly adhere to the requirements of the data protection legislation in Guernsey.

The purpose of this notice is to explain to you what personal data we, as data controller, may collect and how we may use it.

 

Scope

This privacy notice applies to your use of any of our services, including:

  • When you engage our legal services
  • As a result of your relationship or connection with one or more of our clients;
  • Your use of our website
  • When you request information from us

 

What is meant by personal data?

“Personal data” is any information collected or provided to Babbé LLP which relates to living individuals (who are clients or who are connected to clients) who can be identified from that information (for example, a person’s name, email address or bank details) or from that information combined with other information possessed by or likely to come into the possession of Babbé LLP.

Special category personal data refers to personal data about a person’s racial or ethnic origin, health, genetic features, biometric features, criminal record, sex life or sexual orientation, political opinions, religious or philosophical beliefs. We may collect special category personal data to the extent that you provide us with this data in order for us to provide you with legal professional services and advice (such as drafting documents and advice about your legal issues).

Babbé LLP may collect, process and store personal data in hard copy and/or electronically in connection with the provision of legal professional services and advice.

 

What personal data we collect and how we collect it

We process personal data which you, your representatives or agents (such as employees and/or professional advisers/consultants) give us in order to provide you with legal services and advice. “Your” personal data may relate directly to you as an individual client and/or may relate to individuals connected to you (for example, they are employed by you, provide services to you, or are owners, principals or beneficiaries).

 

Website data collection

When you use our website, we may collect:

  • Your personal information when you provide it to us. For example, through accessing this website you may provide us with your personal data by e-mail or by signing up for materials or events or by subscribing to our mailing list.
  • Some of your personal data automatically with the use of cookies. Please refer to our Cookie Policy for details.

 

The purposes for which we use your personal data

We may use your personal data to:

  • Provide you with legal professional services and advice that you request on the basis of our Terms;
  • Comply with our legal obligations (such as client identity verification for legal and regulatory compliance);
  • Help detect or prevent fraud or other illegal or unlawful activities;
  • Inform you of relevant news and legal developments;
  • Update you with relevant news and legal updates;
  • Respond to your queries;
  • Operate and improve our website and understand how people use our website;
  • Assess the effectiveness of our publications.

 

Grounds for using your personal data

We rely on the following legal grounds to process your personal data:

Performance of a contract – We process personal data for the purposes of providing or arranging the services and advice referred to in our Terms. In addition, when you use our website to contact us about our services, we will use your personal data to respond to your requests and provide you with such services.

Consent – We rely also on your specific and informed consent to our processing of your personal data.

Legitimate interests – We may use your personal data, when it has entered the public domain, for our legitimate interests to market our services across various media to inform the public of matters we have been involved in. We may also use your personal data to improve our services and the content on our website.

Legal obligation – We process your personal data in order to comply with our legal and regulatory obligations. For example, we need to retain certain information to comply with anti-money laundering/combating terrorist financing laws and regulations.

 

The recipients of your personal data

We do not sell, rent or exchange your personal data with any third party except with your prior express consent.

We may disclose your personal data:

  • To our third-party service providers that perform services on our behalf so that we can provide you with legal professional services and advice, maintain, monitor and update our website and so we can comply with our legal obligations (e.g. our analytics provider, our web-hosting company, IT providers or consultants, financial institutions, expert witnesses, professional advisers, our auditors and legal advisers) provided that such third parties have agreed to treat your personal data with adequate security measures in accordance with Guernsey’s Data Protection legislation.
  • To any court (or other judicial tribunal), law enforcement or government authority and other third parties as may be required by law or regulation or to prevent or investigate any fraud or any illegal act.

Where you have already put information in the public domain relating to a matter or transaction, we may disclose that information in our marketing materials and to publishers of legal directories. To the extent that such information is not already in the public domain, we will only disclose such information with your consent.

 

Transfers of personal data to other jurisdictions

In some cases, in order to perform its services to you, Babbé LLP may need to disclose or transfer personal data outside a member state of the European Union. Unless such transfers are necessary for the performance of our services to you or you have expressly consented to such transfers or the transfers are otherwise permitted under the Data Protection Laws, we will only make such transfers to third parties in a country or territory that is deemed to have an adequate level of protection under the Data Protection Law or where there are adequate safeguards in place to protect your personal data. If you would like details about these safeguards protecting your personal data, please contact us.

 

How we secure and store your personal information

We follow strict security procedures in the storage and disclosure of information, which you have given us, to prevent unauthorised access in accordance with the Guernsey data protection legislation. We deploy administrative, technical, and physical safeguards. This includes, when required or appropriate and feasible, obtaining written assurances from third parties that may access your data that they will protect the data with safeguards designed to provide a level of protection equivalent to that adopted by Babbé LLP.

However, no information system can be absolutely secure. So we cannot guarantee the absolute security of your personal data. Furthermore, whilst e-mail communications sent from Babbé LLP are intended to be confidential, as all emails are transmitted via a public network, which we are unable to secure, they may be intercepted, lost, destroyed or delayed. We shall incur no liability for use of email communications which results in any breach of confidentiality, delay, interception, loss, failure, computer virus or data corruption and we shall be entitled to be indemnified against any resulting loss.

 

How long we store your data

Personal data provided in connection with the provision of legal services will be retained for no longer than 7 years following completion of a matter (and after all fees and disbursements are paid) unless we agree otherwise with you or we are required by law to keep it for a longer or shorter period.

 

Your rights with regard to the personal data we hold on you

If we have your personal data, you are given certain rights under the data protection legislation, which we list below. Please make any requests based on your rights to the email address given below. Your request should clearly identify who you are. We may require you to prove your identity with government-issued photographic identification.

 

Your right to obtain a copy of your personal data

You may request and receive a copy of your personal data being processed by Babbé LLP as data controller. One copy will be provided free of charge but we reserve the right to charge you a fee if you request multiple copies or if the request is deemed unreasonably extensive. It would be also helpful if you would include the words ‘Data Protection Law’ or ‘Subject Access Request’ in the heading of your email.

Please note we will not be able to provide you with copes of any of your personal data if it involves the disclosure of another individual’s personal data who has not consented to such disclosure and it is reasonable for us to do so to protect the significant interests of the other individual.

Guernsey law may also limit your right to access certain types of personal data.

 

Your right to ask that we amend or erase your personal data

You may request that any errors or inaccuracies in the personal data we hold about you be corrected or updated. If you exercise this right, when you send your request, please explain what information you want completed or corrected, and what is incorrect or why it is incomplete. You have the right to ask us not to use the information until we have verified its accuracy and completeness. You may also request that we erase any personal data about you for which we do not have a legal ground for holding.

 

Your right to data portability

If you become our client, you have the right to ask your previous service provider to give your personal data to you in a commonly-used, machine-readable format so that you can switch from their services to ours without losing information. You can also ask us to transmit your personal data which you have provided to us and which we process automatically in a commonly-used, machine-readable format to another provider.  This will not apply to information we have in our files about you that we must keep by law.

Please note we will not be able to provide or disclose your personal data if it involves the disclosure of another individual’s personal data who has not consented to such disclosure and it is reasonable to do so to protect the significant interests of the other individual.

 

Your right to withdraw consent to our processing of your personal data at any time

You have the right to withdraw at any time any consent that you may have given to us for the processing of your data.

 

Your right to lodge a complaint with the Guernsey Data Protection Authority

You have the right to lodge a complaint with Guernsey’s Data Protection Authority if you believe that we have not complied with the Guernsey’s Data Protection legislation in a way that affects your personal data or your rights. Decisions of the Data Protection Authority can be appealed in Guernsey courts for a limited time.

 

Your right to object to the processing of your personal data for direct marketing

You have the right to request that we cease from processing your personal data for direct marketing purposes.

 

Contact details for personal data queries

If you wish to contact us about this policy or make a request concerning the personal data we hold on you, please send an e-mail to dataprotection@babbelegal.com or contact us by post at Babbé LLP, PO Box 69, La Vieille Cour, La Plaiderie, St Peter Port GY1 4BL. If we have a Data Protection Officer, you may contact him or her at these addresses. Babbé is the data controller of the personal data of its clients. Babbé LLP is registered as a data controller with the Guernsey Data Protection Authority.

 

Links to other websites

Our website site may contain links or references to other websites outside our control. Please be aware that we have no control over these sites and our privacy policy does not apply to these sites.

 

Conditions of website use

If you choose to visit our website, your visit and any dispute over privacy is subject to this notice. If you have any concerns about privacy at www.babbelegal.com please send a thorough description to dataprotection@babbelegal.com and we will try to resolve it.

 

Website copyright notice

Our website and its content remains the property of Babbé LLP and is protected by the relevant copyright law. Individuals are authorised to view, download, distribute and print any part of our website provided it is for personal, non-commercial use, attention is drawn to this copyright notice, and it is not used in a derogatory manner.

 

Website disclaimer

This disclaimer refers to the site www.babbelegal.com (the site) provided by Babbé LLP.

The site and all material contained within it, provides general information only. None of its content constitutes professional advice, and it should not be relied upon as such. If specific professional advice is required, please contact us. Babbé LLP accepts no responsibility for any loss which may arise from reliance on information contained in the site.

 

Revisions to this notice

This notice was last updated on the date referred to at the top of this notice. We reserve the right, at our discretion, to change, modify, add, or remove portions from this notice at any time and visitors are therefore encouraged to review this page from time to time. Any significant changes to these terms will be indicated on our home page.  Your continued use of the site following the posting of such changes to these terms means that you are aware of these changes.

 

June 2018

 

 

 

 

 

 

 

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