This privacy notice describes how Loeb Smith Attorneys and its affiliates (collectively “Loeb Smith”) collect and use your personal data and what rights you have in relation to the personal data we hold and process.
1. What is “personal data” and why do we collect it?
Personal data means any information from an individual from which such person can be identified. For example, as part of our engagement with you, we may collect, store and use the following categories of information about you:
Contact details: Your name, job title, residential address, telephone number, mobile number and email address.
Identity documents: Information we are legally required to collect for legal/ regulatory/ compliance purposes i.e. Know Your Client (KYC) documents.
Statutory register information: Information about you on account of an interest or office you may hold in or certain relationships you may have with a corporate entity, partnership, trust or other vehicle (“Third Party Entity”) to which we provide registered office agent services
- Bank/ tax details: Credit/ debit card numbers, security code numbers and documents pertaining to your tax status.
2. When do we collect your personal data?
We may collect personal data about you in various ways:
By an enquiry made by you/ a Third Party Entity either in person, by e-mail, telephone, through our website, WeChat, Linked-in or other social media account operated by Loeb Smith.
If you attend a conference which Loeb Smith sponsors, hosts or attends.
- As required during the course of our engagement with you in order to perform the work.
In some circumstances, we may collect personal data about you from third parties, i.e. from your other service providers or from a publicly available record, i.e. background check agencies.
3. How will we use your personal data?
We will use your personal data for the following purposes (each being a “Permitted Purpose”):
To perform the engagement or contract we have entered into with you/ Third Party Entity to provide legal advice or other services.
To process payment by you of our invoices.
To comply with our legal, compliance, regulatory, insurance policy and record-keeping obligations.
To communicate with you through the channels you have approved in order to keep you up-to-date on the latest legal developments and other information about our services i.e briefing updates. Please note, we will only provide you with such information if you have opted-in. You have the opportunity to opt-out of receiving such communications at any time.
To comply with court orders and/or defend our legal rights.
- For any purpose related and/or ancillary to any of the above or any other specific purpose for which your personal data was provided to us.
We will only use your personal information for the purpose(s) for which we collected it, unless we reasonably consider that we need to use it for another reason which is compatible with the original purpose. If we do need to use your personal information for another unrelated purpose, we will notify you to explain the legal basis which allows us to do so.
4. What is the basis for you processing my data?
Depending on which of the above Permitted Purpose(s) we use your personal data for, we may process your personal data on one or more of the following legal grounds:
To comply with our legal obligations.
In order to be able to perform a client instruction or other contract with you/ Third Party Entity.
It is necessary for purposes of our legitimate interest or those of any third party recipients that receive your personal data, provided that such interests are not overridden by your interests or fundamental rights and freedoms.
- We may also process your data based on your consent where you have expressly given that to us.
5. How will we share your personal data?
We may share your personal data in the following circumstances:
We may share your personal data between the Loeb Smith entities on a confidential basis where such sharing is required for the purpose of providing legal advice or other services.
Other law firms or specialist legal counsel for the purpose of obtaining specialist/ foreign legal advice, as required in the context of the engagement and as approved by you in advance.
If we have collected your personal data in the course of providing legal services to a Third Party Entity which is our client, we may disclose it to that Third Party Entity.
We may share your personal data with third parties in respect of anti-money laundering checks and verification, credit reference agencies, background check agencies and government/ regulatory bodies with whom such personal data is required to be shared.
- We will otherwise only disclose your personal data when you direct us or give us permission to do so, when we are required by an obligation under applicable law or regulations or judicial or official request to do so, or as required to investigate actual or suspected fraudulent or criminal activities.
6. What happens if you refuse to or fail to share your personal data with us?
In general, we receive your personal data where you provide this on a voluntary basis.
There are certain cases where your refusal or failure to provide the requested personal data may mean we will be unable to act for you i.e. if we are legally required to obtain such information to comply with anti-money laundering legislation.
7. Can I transfer the personal data of another person to you?
Where you provide us with the personal data of other people on behalf of a Third Party Entity, such as your employees, directors, ultimate beneficial owner etc, you must ensure that you are entitled to disclose that personal data to us and that without being required to take further steps, we can collect, use and disclose that data in the manner described in this policy. Furthermore, you must ensure that the individual whose personal data you are sharing with us is aware of the matters discussed in this Privacy Notice.
8. How do we keep your personal data safe?
We take appropriate security measures to keep your personal data confidential and to prevent it from being accidentally lost, used or disclosed. We limit access to your personal data to those employees and third parties i.e. overseas counsel (in accordance with paragraph 5 above) who have a clear business need to have such information. All our third party service providers are required to also take appropriate security measures and to only use your personal data for the specified Permitted Purpose.
9. Will you transfer my personal data outside the Cayman Islands?
Your personal data will be primarily held in the Cayman Islands. We may transfer your personal data abroad if required to do so for a Permitted Purpose. In certain cases, this may include transferring data to countries which do not offer the same level of protection as the laws of the Cayman Islands or your country. When making such transfers, we will ensure that they are subject to appropriate safeguards.
10. How long do we keep your personal data?
We will only retain your personal data for as long as reasonably necessary to fulfil the Permitted Purpose(s), including for the purposes of satisfying any legal, accounting or reporting requirements. In general terms, we will retain your information for a reasonable period (which will not be less than six years). Where we have relied solely on your consent to keep your personal data, rather than any other Permitted Purpose, once you withdraw your consent, we will delete such personal data.
11. What rights do you have?
Under certain circumstances, by law you have the right to:
Request a copy of the personal data which we hold about you.
Have any inaccurate data we hold about you corrected.
Object or restrict our use of your personal data, including requesting a transfer of your personal information to another party.
- Submit a complaint if you have concerns about the way in which we are handling your data.
To do any of the above, please contact us at [email protected].
To enable us to process your request, we may require that you provide us with proof of your identity, in order to ensure that your personal information is not disclosed to a person who has no right to receive it.
We may charge you a reasonable administrative fee for any unreasonable or excessive requests we may receive, and for any additional copies of the data you may request.
In relation to complaints, we will promptly respond to your requests and complaints. In the event that you are unhappy with our response, you may submit a complaint to the relevant regulator. We can provide you with the details of the relevant regulator upon request.
This Privacy Notice was last updated on 22 April 2019. In case of any update, we will post the revised Privacy Notice on our website. Changes will take effect as soon as the revised version is made available on our website. If required, we may issue a specific privacy notice to you when we are collecting and processing your personal information.