PRIVACY

INTRODUCTION

Welcome to the Smithfield Partners Limited’s privacy notice.

Smithfield Partners Limited respects your privacy and is committed to protecting your personal data. We are committed to safeguarding the privacy of the personal information provided to us or collected by us during the course of our business as well as the personal information we receive from visitors to our website. This privacy notice will provide you (whether you are a client or other third party) with helpful information regarding how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.

This privacy notice is provided in a layered format so you can click through to the specific areas set out above by holding down the ‘Control’ key and clicking on the relevant section. Alternatively you can download a pdf version of the policy here www.smithfieldpartners.com. Please also use the Glossary to understand the meaning of some of the terms used in this privacy notice.

1.Important information and who we are

2.The data we collect about you

3.How is your personal data collected?

4.How we use your personal data

5.Disclosures of your personal data

6.International transfers

7.Data security

8.Data retention

9.Your legal rights

10.Glossary

1. IMPORTANT INFORMATION AND WHO WE ARE

PURPOSE OF THIS PRIVACY NOTICE

This privacy notice (the “Policy”) aims to give you information on how Smithfield Partners Limited collects and processes your personal data through your use of this website, including any data you may provide through this website or when you provide us with information directly.

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

We may provide you with additional privacy notices where we believe that it is appropriate to do so. It is important that you read this privacy notice 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 data. This privacy notice supplements the other notices and is not intended to override them.

We use cookies on our website. This Privacy policy should be read alongside the section on Cookies below.

If you have any questions, or if you want any further information, you can contact us using the contact details within this document.

CONTROLLER

Smithfield Partners Limited is the data controller and responsible for your personal data (collectively referred to as “we”, “us” or “our” in this privacy notice).

Smithfield Partners is the trading name of Smithfield Partners Limited, which is a law firm authorised and regulated by the Solicitors Regulation Authority with number 630031.

We have appointed a privacy officer (DPO) who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the officer using the details set out below.

CONTACT DETAILS

Full name of legal entity: Smithfield Partners Limited

Name or title of officer: Nicolas Foster

Email address: privacy@smithfieldpartners.com

Postal address: Temple Chambers, 3-7 Temple Avenue, Suites 19-22, London, EC4Y 0HP

Telephone number: 0207 832 0452

CHANGES TO THE PRIVACY NOTICE AND YOUR DUTY TO INFORM US OF CHANGES

This version was last updated on 13 June 2018.

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 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 website, we encourage you to read the privacy notice 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 process personal data about several different categories of people including clients, people involved in matters we act on for our clients, and other third parties who interact with us (including publicly available information and information either obtained directly or through our website).

Where you are our client, it will sometimes be necessary for you to provide us with information directly, and in those cases it is your responsibility to ensure that all such information is complete in all material respects and not misleading. The accuracy and appropriateness of our advice may be affected as a consequence of your failure to do so. If any information changes, please let us know so that we can keep it updated in our systems.

Because of the nature of the services we provide, the types of data we process is quite varied, but usually includes: full names, contact details, and associated client information. Depending on the nature of our relationship with you, we may process information regarding your business and company affiliations, identification (including copies of your passport), financial affairs, education, employment background, family, services we provide you or your company, and your use of our website.

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

Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.

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

Financial Data includes bank account and payment card details.

Technical Data includes internet protocol (IP) address, your login data, 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 this website.

We may also collect, use, and share Aggregated Data such as statistical or demographic data for any purpose. 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 your data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect 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 notice.

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).

SCOPE OF THIS PRIVACY POLICY

This Privacy policy applies in the following circumstances:

• when we conduct open source searches on you in connection with our business development or business acceptance process;
• when we agree to provide you or the organisation you with for with legal services;
• when you or the organisation you work for are a counterparty of one or more of our clients;
• when you request information from us or provide information to us;
• when you apply for a position or role with our firm or work experience opportunity;
• when you visit our website;
• when you complete application forms or other data forms on any of the various sections on our website;
• when you attend a seminar or other hosted event; and
• when you are entered onto our mailing lists to receive publications and other marketing emails.

PURPOSES OF OUR DATA COLLECTION

Business Development and Business Acceptance

We collect personal information about prospective clients and their beneficial owners or controllers as part of our business development initiatives and our business acceptance process. The type of personal information we may collect includes name, address, nationality, business interests and employment history. We may obtain this information from publicly available open sources either directly or through a third party.

Legal Services and Keeping You Up to Date with Relevant Marketing

The type of personal information that we may collect includes current and historical information including your name and contact details (such as your address, email address and telephone numbers) and identifiers such as your organisation, employment history and positions held. We will also collect personal information you choose to provide to us and information about your other dealings with us and our clients, including contact we have with you in person, by telephone, letter, email or online. We may obtain personal information from your IP address and the operating system and web browser that you use to access our website. This enables us to identify which organisations have visited our websites and we use this information to compile statistical data on the use of those sites to help us to improve the user experience.

We collect personal information directly from you, from our clients or other parties to a matter and their authorised representatives. We may also collect personal information from third parties such as your employer, other organisations that you have dealings with, regulators, government agencies, credit reporting agencies, publicly available records (including electronic data sources to carry out checks to enable us to comply with applicable law), information or service providers (some of whom may process your personal information on our behalf), recruitment agencies and other law firms or professional advisers. Your personal information may be collected in the firm’s contact database when you register to receive legal updates or we otherwise receive your contact details.

You can control the information you receive through our direct marketing function by opting out. If you no longer wish to receive marketing emails relating to our services by email or post, you can unsubscribe by informing us that you no longer want to be included on our mailing list.

Recruitment

If you apply for a role or work experience opportunity at the firm you may need to provide personal information including special categories of personal information (for example, details of extenuating circumstances). Your application directly to us, or via a recruitment agency, will constitute your express consent to our use of this information. We will use this information to consider your application for a position (with the exception of the information provided in the Equal Opportunity and Diversity section which will be anonymised and used for statistical purposes and to help us meet our regulatory and legal requirements only). We may also use the information to carry out checks to verify the information provided by you (including reference, background, identity, suitability and criminal record checks).

IF YOU FAIL TO PROVIDE PERSONAL DATA

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you legal services). In this case, we may have to cancel a service you have with us but we will notify you if this is the case at the time.

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 filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

• apply for our services;
• subscribe to our service or publications;
• request marketing to be sent to you;
• give us some feedback

Automated technologies or interactions. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, and other similar technologies.

Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:

Technical Data from the following parties:

(a) analytics providers such as Google based outside the EU;

(b) advertising networks where inside or outside of the EU; and

(c) search information providers whether inside or outside the EU.

4. HOW WE USE YOUR PERSONAL DATA

We will only use your personal data if and to the extent to which the applicable law allows, namely for the purpose of providing legal services to our clients and for our own general business purposes. Therefore data processing will most commonly occur in following circumstances:

Where we need to perform the contract we are about to enter into or have entered into with you or the organisation for which you work.

Where it is necessary in order to comply with a legal or regulatory obligation (such as the one to identify and verify the identity of our clients and beneficial owners);

Where you have given us your consent (where necessary) to such use or the organisation for which you work has obtained your consent to share your information with us; or

Where it is necessary for our legitimate interests (or those of a third party) which is not overridden by your interests or your rights or fundamental freedoms. Such legitimate interests include the provision of legal services, running the firm’s business (including operational and administrative processes), and marketing relevant services to you.

We may also use your personal information to:

• Prevent fraud, money laundering, bribery, and general crime detection;
• Ensure the safety and security of our people and internal data;
• Administer our clients’ accounts with us, including providing billing services and tracing and collecting any debts.
• Maintain and develop our business relationship with you;
• Process and respond to requests, enquiries, or complaints received from you.

Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by Contacting us.

PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA

We have set out below 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.

We only process your personal data where we have a lawful basis for doing so. In general, our lawful basis will be one or more of the following:

• The processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract with you or your organisation;
• The processing is necessary for compliance with our legal obligations;
• The processing is necessary for the purposes of pursuing our legitimate interests (this includes carrying out the provision of legal services and pursuing our general business interests); and
• That the processing is necessary for the establishment, exercise, or defence of legal claims.

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.

COOKIES

There are some details we want to provide you regarding the use of our website, particularly in relation to Cookies.

A Cookie is a small file downloaded on to your computer or device when you access certain websites. Generally Cookies identify you through your IP address and do not collect information about identity.

Cookies allow us to distinguish you from other users of our website and help us to provide you with a good experience when you browse our website and also allow us to improve our website.

We use Cookies for the purposes of:

• Understanding what brought you to our website and what pages you visited;
• Remembering you when you return to our website; and
• Providing you with safe restricted access areas.

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 this website may become inaccessible or not function properly. For more information about the cookies we use, please contact us.

CHANGE OF PURPOSE

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

5. DISCLOSURES OF YOUR PERSONAL DATA

We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.

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.

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 use 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 do not intend or envisage the transfer your personal data outside the European Economic Area (EEA).

If we do transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring 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. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.

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. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.

Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US. For further details, see European Commission: EU-US Privacy Shield.

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

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 USE MY PERSONAL DATA FOR?

We will only retain your personal information for as long as is necessary to fulfil the purpose for which it was collected, including for the purposes of complying with any legal, regulatory, accounting, or reporting requirements.

We keep personal data in accordance with our internal retention procedures, which are determined in accordance with our regulatory obligations and good practice. 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. The retention periods are subject to change. If you have any questions in relation to this or have any concerns regarding the duration for which we keep your information, please contact us using the details below.

9. YOUR LEGAL RIGHTS

You have certain rights that you can exercise under certain circumstances in relation to the personal information that we hold. These rights are to:

• request access to your personal information (known as a subject access request) and request certain information in relation to its processing;
• request rectification of your personal information;
• request the erasure of your personal information;
• request that we restrict the processing of your personal information; and
• object to the processing of your personal information.

In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. Once the firm has 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.

If you would like to exercise any of these rights, please contact us in writing at privacy@smithfieldpartners.com or by letter to:

Smithfield Partners
Temple Chambers
3-7 Temple Avenue
London
EC4Y 0HP

You will not, in general, have to pay a fee to exercise any of your individual rights set out in this Privacy policy. However, we may refuse to provide access and may charge a fee for access if the relevant data protection legislation allows us to do so, in which case we will provide reasons for our decision as required by the law.

You are able to raise any complaint regarding your personal data privacy with us at first instance by contacting privacy@smithfieldpartners.com. We hope we will be able to resolve any query or concern you raise about our use of your personal information. If you feel we have not handled your query or concern to your satisfaction, you have the right to lodge a complaint with the Information Commissioner, which is the UK supervisory authority for data protection issues. Information can be found at www.ICO.org.uk/concerns or telephone 0303 123 1113.

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 may 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 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.

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/product 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 use 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 or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

EXTERNAL THIRD PARTIES

Service providers acting as processors who provide IT and system administration services.

Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.

HM Revenue & Customs, regulators and other authorities controllers 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: (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 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.

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.