This policy sets out the basis on which any personal data collected by D Young & Co LLP (“we”, “our” or “us”) from third parties (“you”) will be processed by us.
Should you have any queries in relation to this policy or wish to exercise your rights as a data subject, please email our data protection representative at: firstname.lastname@example.org.
Types of personal data
Personal data means any information about an individual from which that person can be identified.
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
- “Applicant data”: This includes details of qualifications, skills, experience and employment history, current level of remunerations including benefit entitlements, information about entitlement to work in the UK and whether or not the applicant has a disability for which we may need to make reasonable adjustments for during the recruitment process.
- “Contact data”: This includes address, email and telephone numbers.
- “Financial data”: This includes bank account details.
- “Identity data”: This includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth, gender, and photographs.
- “Marketing data”: This includes your preferences in receiving marketing communications from us and your communication preferences.
- “Technical data”: This includes internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
- “Usage data”: This includes information about how you use our website.
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, genetic and biometric data and criminal convictions) except where a job applicant notifies us of a special category of personal data during the recruitment process.
Collection of personal data
We collect personal data from and about you including through:
- Direct interactions: You may give us your applicant, contact, financial, identity, and marketing data by filling in forms or by corresponding with us by post, telephone, email or otherwise or through the provision of CVs.
- 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. Please see our Cookies Policy for further details.
Third parties: We may receive personal data about you from various third parties as set out below:
• Identity and contact data from third party law firms with whom we work.
• Identity and contact data from publicly availably sources such as Companies House.
• Applicant, contact and identity data from recruitment consultants.
Processing of personal data
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
- To establish your identity (for the purposes of anti-money laundering).
- To establish whether we have a conflict acting for or against you.
- To perform the contract with you (or which we are about to enter into with you).
- To inform public registers where required to by law (for example, registers maintained by national, regional and supranational intellectual property offices/organisations for the application for and registration of intellectual property rights).
- To conduct legal proceedings (for example, the enforcement of intellectual property rights).
- To communicate with you for the purposes of marketing.
- To address your application to be employed by us.
- To understand how you use our website and social media.
Purposes for processing personal data
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
|Purpose/Activity||Type of data||Lawful basis for processing including basis of legitimate interest|
|1||To establish your identity (for the purposes of anti-money laundering).||Identity data. Contact data.||For compliance with a legal or regulatory obligation.|
|2||To establish whether we have a conflict acting for or against you.||Identity data. Contact data.||For compliance with a legal or regulatory obligation.|
|3||To perform the contract with you (or which we are about to enter into with you).||Identity data. Contact data. Financial data.||Performance of a contract with you.|
|4||To inform public registers where required to by law.||Identity data. Contact data.||Exempt from relevant data protection provisions.|
|5||To conduct legal proceedings.||Identity data. Contact data. Financial data.||Exempt from relevant data protection provisions.|
|6||To address your application to be employed by us.||Identity data. Contact data. Applicant data.||The consent of the data subject through the submission of a CV directly or via a recruitment agent; Necessary for our legitimate interests (to manage the recruitment process, assess and identify suitable candidates for employment, to offer employment, for compliance with recruitment agency terms of business and to respond to and defend against legal claims.|
|7||To communicate with you for the purpose of marketing.||Identity data. Contact data. Marketing data.||The consent of the data subject; Legitimate Interests (in order to communicate updates on the law and procedure to clients and contacts and to develop our business).|
|8||To understand how you use our website and social media.||Technical data. Usage data||Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website and social media updated and relevant, to develop our business and to inform our marketing strategy).|
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.
Controller and processor
For personal data processed by us for purposes 1-5 above, we are the data processor and you are the data controller. For personal data processed for purposes 7-8 above, we are the data controller. For purpose 6 where job applicants are submitted via a recruitment agent we are the data processor until we invite a job applicant to attend an interview at which time we become the data controller.
Where you are the data controller, it is your responsibility to ensure that you are processing the personal data in accordance with the appropriate data protection laws (including, obtaining consent from the data subject where appropriate).
Retention of personal data
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.
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.
Examples of retention periods for different purposes are as follows:
|Purpose/Activity||Maximum length of time|
|1||To establish your identity (for the purposes of the Anti-Money Laundering Regulations).||10 years following the end of the client relationship.|
|2||To establish whether we have a conflict acting for or against you.||10 years following the end of the relevant matter.|
|3||To perform the contract with you (or which we are about to enter into with you).||10 years following the end of the relevant matter.|
|4||To inform public registers where required to by law.||10 years following the end of the relevant matter (please note that personal data may remain in the public domain).|
|5||To conduct legal proceedings.||10 years following the end of the relevant matter (please note that personal data may remain in the public domain).|
|6||To address your application to be employed by us.||12 months following the original date of application if applicant is unsuccessful and if applicant is employed relevant personal data will be transferred to a HR file and will be retained until 7 years after employment terminates.|
|7||To communicate with you for the purposes of marketing.||Until consent is withdrawn.|
|8||To understand how you use our website.||26 months.|
Disclosures of personal data
We will not transfer or disclose your personal data to third parties except: for compliance with a legal or regulatory obligation; performance of a contract with you; for the purposes of storage (including to cloud computing providers); to inform public registers where required to by law; to conduct legal proceedings; or for email and postal fulfilment.
We require all third parties service providers 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.
We may transfer personal data outside of the EEA. For example, we may transfer personal data to a non-EEA country’s patent office or we may make use of cloud computing storage in the USA. Whenever we transfer your personal data out of the EEA, unless exempt, 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.
- Where we use certain service providers, we may use specific contracts which give personal data the same protection it has in Europe.
- Where we use providers based in the US, we may transfer data to them if they provide similar protection to personal data shared between the Europe and the US.
Storage of personal data
We store personal data at the following locations: our offices; on portable devices; with hard copy storage providers; and with cloud computing providers.
Security of personal data
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. Please note that we have no control over the use of your personal data disclosed where required by law to public registers and as part of legal proceedings.
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.
Please see our Cookies Policy for further details.
Your legal rights
Under certain circumstances, you have rights under data protection laws in relation to your personal data.
- Request access to your personal data (commonly known as a “data subject access request”): This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
- Request correction of your personal data: 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: This is where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
- Request restriction of processing your personal data: This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
- Request transfer of your personal data: We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
- Right to withdraw consent: Where we are relying on consent to process your personal data you may withdraw it at any time. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent.
If you wish to exercise any of the rights set out above, please contact our data protection representative. 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.
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.
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.
You can ask us to stop sending you marketing communications at any time by emailing us at email@example.com, telephoning +44 (0)20 7269 8550, writing to us at D Young & Co LLP, 120 Holborn, London EC1N 2DY or by following the opt-out links on any electronic marketing message sent to you.
Where you opt out of receiving these marketing communications, this will not apply to personal data provided to us for the purposes of 1 to 6 and 8 above.