Privacy Policy

Privacy Policy

Overview

We take our obligations under privacy and data protection law very seriously. This privacy policy is designed to help you understand the Personal Information we collect, why we collect it, how we use it and who we share it with. It also explains the rights you have in connection with your Personal Information including how to contact us or to make a complaint.

This notice applies to Cool Blue Brand Communications Limited (Cool Blue), also referred to throughout this privacy policy as “we”, “us” or “our”.

Cool Blue is registered as a data controller the Information Commissioner’s Office (the UK’s independent body set up to uphold information rights). As a data controller we are responsible for ensuring that when we process Personal Information we comply with EU and UK data protection law and use it in accordance with our clients’ instructions and our duty of confidentiality.

If you have any questions about this notice please get in touch with your usual Cool Blue contact or see below for our Contact Information.

This privacy policy may change from time to time (including in response to guidance and best practice advice issued by the Information Commissioner’s Office). We will inform you of any changes by updating the privacy policy on our website. If you are a client, we will also inform you of any key changes in writing. This privacy policy was last updated on 30 April 2018.

Glossary of terms used in this privacy policy

MatterAdvice, services and representation to you in respect of your particular matter.
Personal InformationInformation about a living person by which that person can be identified.

Personal Information is also referred to as ‘personal data’.

Some of that information will identify the individual directly (for example by giving their name or an e-mail address). It may also be possible to identify someone indirectly from information in which their name is not given (for example by naming their job title and employer, or by using another form of identifier such as their internet protocol (IP) address.

See below What Personal Information do we collect and use? for examples of the type of information which would fall within this definition.

Special Category Personal InformationPersonal Information revealing racial or ethnic origin, political opinions, religious beliefs, philosophical beliefs or trade union membership.

Genetic and biometric data.

Data concerning health, sex life or sexual orientation.

We, us, ourCool Blue Brand Communications Limited
WebsiteThe website at this address: coolblue.co.uk.

What Personal Information do we collect and use?

The type of Personal Information we collect and process depends on our relationship with you and the context in which we obtain and use it. The table below sets out the Personal Information we will or may collect depending on the circumstances.

Clients: where we are working for you

We will require certain Personal Information to be able to provide our service to you. If you do not provide Personal Information we ask for, it may delay or prevent us from providing services to you.

 Personal Information we will collect Personal Information we may collect depending on our relationship with you 
Your name, address and telephone number.

Information to enable us to check and verify your identity (for example your date of birth or passport details).

Electronic contact details (for example your e-mail address or mobile phone number).

Information relating to the Matter in which you are seeking our advice or representation.

Your financial details so far as relevant to the work we do for you (for example your bank or building society details if we will need to transfer money to you).

Information about your use of our IT, communication and other systems, and other monitoring information (for example if you use our secure online client portals or leave a voice-mail message).

If you are a business client

Information provided by you about other individuals in connection with the work we are doing for your business (for example information relating to your employees).

If you are an individual

Your National Insurance and tax details.

Your bank and/or building society details.

Business development and Website use: if we are working for you, if we have or would like to have a business relationship with you or if you visit our Website

This Personal Information will be used to develop our business and the services we provide.

 Personal Information we will collect Personal Information we may collect depending on our relationship with you 
Details about the services or business updates you specifically request.

Technical Personal Information in connection with details of your visits to our Website including your internet protocol (IP) address used to connect your computer to the internet, browser type and version, time zone setting, browser plug-in types and versions, operating systems and platforms (see also Visitors to our Website below).

Details of your professional online presence (for example your LinkedIn profile).

Your occupation and interests and professional information (such as job title, previous positions and professional experience).

Information you provide to us about our services, for example by completing client surveys.

Details of your name, e-mail address and service and marketing preferences if you subscribe to our updates and communications via our Website.

We will record your age if you are applying to us for work experience so that we can ensure the appropriate risk assessments are in place.

How Personal Information is collected and your responsibilities

We will collect Personal Information from you in person when we meet you or through correspondence with you in relation to your Matters or through our Website (see Visitors to our Website below) and secure online client portals.

Third parties may pass Personal Information to us to use in the course of our work for you. The processing of this Personal Information may be necessary for the progression of your Matters

The sources we may also collect Personal Information from include:

  • publicly accessible sources (for example Companies House);
  • direct from a third party (for example from a client (such as information about their employees or a family member), other parties involved in the work that we do for you (such as your other advisers and suppliers) or from client due diligence providers);
  • a third party with your consent (for example your other advisers and suppliers we may engage in relation to your Matters);
  • our information technology systems (for example management, project management, document management and time recording systems, door entry and reception logs, our Website other relevant websites and applications);
  • automated monitoring of our Website and other technical systems, such as our computer networks and connections, CCTV (controlled by our landlords) and access control systems, communications systems, e-mail, voice-mail and instant messaging systems.

When we provide our services to you, we may hold and use Personal Information about you, your officers and/or your employees and/or other third parties. When you provide Personal Information to us relating to a third party, you confirm that you have any necessary permission or authority to do so. You are also responsible for ensuring that the provision of that Personal Information complies with data protection and other applicable law. If you provide other third party data to us (for example details of your family members), you must have the authority to disclose personal data if it relates to someone else and all data disclosed should be complete, accurate and up to date.

Personal data of children

If your Matter involves us working with children, these children must be represented by their parents or guardians. In these circumstances we will explain to the parent or guardian why we need any Personal Information relating to the child and how it will be used, both when we first collect the data and as the particular Matter progresses.

Visitors to our Website

We use multiple analytics systems such as Google Analytics and Heap Analytics to collect statistical information about the number of visitors to our Website. This information includes, pages visited and content searched. Further information can be obtained from the . We use this information to maintain and improve our Website and the services we provide and to analyse and understand what is of interest to our Website visitors, so we can improve and tailor the content and this data will not directly or indirectly reveal your identity.

We use technology to track the patterns of behaviour of visitors to our Website. This can include using a cookie  which would be stored on your browser or the hard drive of your computing device. Please read our Cookies Policy for more information about how we use cookies and similar technologies.

Our Website is not intended to be used by children and, other than in connection with work experience applicants, we do not knowingly collect data relating to children through the Website.

How and why we use your personal information

Under data protection law we can only use your Personal Information if we have a proper reason for doing so. Such proper reasons include:

  • to comply with our legal and regulatory obligations;
  • for our legitimate interests (see below) or those of a third party;
  • for the performance of our contracts with you or to take steps at your request before entering into a contract with you;
  • you have given consent.

A legitimate interest is when we have a business or commercial reason to use your Personal Information, so long as this is not overridden by your own rights and interests. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your Personal Information for our legitimate interests. We do not use your Personal Information 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).

The table below explains what we use your Personal Information for and our reasons for doing so. In general terms we will collect Personal Information to:

  • provide services to you;
  • manage our relationship with you and to comply with our legal obligations arising from it;
  • provide you with information about our business and the services we offer including relevant communications;
  • help us improve our business and the services we offer.
What we use your Personal Information forOur reasons
To provide services to you.For the performance of our contract with you or to take steps at your request before entering into a contract.
Conducting checks to identify our clients and verify their identity.

Screening for financial and other sanctions or embargoes to help detect and prevent financial crime.

Other processing necessary to comply with professional, legal and regulatory obligations that apply to our business (for example under health and safety regulations).

To comply with our legal and regulatory obligations and for our legitimate interests or those of a third party.

Any Personal Information we receive from you for the purpose of preventing money laundering and/or terrorist financing will be used only for that purpose or with your express consent or as permitted by or under another law.

Gathering and providing information required by or relating to audits, enquiries or investigations by regulatory bodies.To comply with our legal and regulatory obligations.
Ensuring our business policies (and client requirements) are adhered to (for example policies covering security and internet use).For our legitimate interests or those of a third party.
Operational reasons (for example improving our business and services by undertaking analysis and research and assessing your satisfaction with our services, efficiency, insurance purposes, training and quality control).For our legitimate interests or those of a third party.
Ensuring the confidentiality of commercially sensitive information.For our legitimate interests or those of a third party.

To comply with our legal and regulatory obligations.

To respond to any complaint or allegation of negligence made against us.For our legitimate interests or those of a third party.

To comply with our legal and regulatory obligations.

Statistical analysis to help us manage our business or to provide information required by our clients (for example in relation to our financial performance, client base, work type or other efficiency measures or key performance indicators).For our legitimate interests or those of a third party.
Preventing unauthorised access and modifications to systems.For our legitimate interests or those of a third party.

To comply with our legal and regulatory obligations.

Updating and maintaining client records.For the performance of our contract with you or to take steps at your request before entering into a contract.

To comply with our legal and regulatory obligations.

For our legitimate interests or those of a third party.

Statutory returns and filings.To comply with our legal and regulatory obligations.
Ensuring safe working practices, staff administration and assessments and to enforce or protect any of our rights, property or safety (or those of our members, employees or clients).To comply with our legal and regulatory obligations.

For our legitimate interests or those of a third party.

To contact you about our services and events which we think may be of interest to you and to provide you with updates and briefings.For our legitimate interests or those of a third party.
Any audit of our accounts.To comply with our legal and regulatory obligations.

For our legitimate interests or a those of a third party.

With your consent, external audits and quality checks for our ISO and other quality certifications.For our legitimate interests or a those of a third party.

The information above does not apply to any Special Category Personal Information which you may have provided to us or authorised us to obtain from a third party, and which we will usually only process with your explicit consent. However, in some circumstances in connection with a Matter we may receive Special Category Personal Information from third parties and we can lawfully process that information without your consent where it is necessary to establish, exercise or defend a legal claim or claims or whenever courts are acting in their judicial capacity.

Change of purpose

We will only use your Personal Information 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 we need to use your Personal Information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

We may process your Personal Information without your knowledge or consent (in compliance with the above rules) where this is required or permitted by law.

Marketing communications

We may use your Personal Information to send you updates (by e-mail, telephone or post) about developments that might be of interest to you or information about our services, including new services.

We have a legitimate interest in processing your Personal Information for our business development purposes (see How and why we use your Personal Information). This means we do not usually need your consent to send you updates and information about our services. However, where consent is needed (for example to send you electronic communications), we will ask for this consent separately and clearly.

We will always treat your Personal Information with the utmost respect and we will never sell or share it with other organisations for marketing purposes.

You have the right to opt out of receiving marketing communications at any time by:

  • contacting us by using the opt out form on our website or by telephone 0191 375 9150; or
  • using the ‘unsubscribe’ link in our e-mails.

We may ask you to confirm or update your marketing preferences if you instruct us to provide further services in the future, or if there are changes in the law, regulation, or the structure of our business.

Who we share your Personal Information with

We share Personal Information with:

  • third parties who we instruct on your behalf or refer you to (for example printers, photographers or other advisers);
  • other third parties where necessary to carry out your instructions;
  • our insurers and brokers;
  • the audit of our accounts;
  • our banks;
  • external service suppliers, representatives and agents that we use to make our business more efficient (for example marketing agencies);
  • where we have your consent to do so, with our external auditors in relation to our ISO and other quality certifications.

Our IT support and service providers may also access your Personal Information as a consequence of them providing support to us.

We only allow our service providers to handle your Personal Information if we are satisfied they take appropriate measures to protect your Personal Information. We also impose contractual obligations on service providers to ensure they can only use your Personal Information to provide services to us and to you.

We may disclose and exchange information with law enforcement agencies and regulatory bodies to comply with our legal and regulatory obligations.

We may also need to share some Personal Information with other parties. For example, if we, in the course of our own business operations, sell or buy any business or assets we may disclose Personal Information held by us to the prospective seller or buyer of those businesses or assets.

Where possible, information will be anonymised, but in any event the recipient of the information will be bound by confidentiality obligations. If we are acquired, or substantially all of our assets are acquired, by a third party (or are subject to a reorganisation), Personal Information held by us will be one of the assets which is transferred.

Where your Personal Information is held

Information may be held at our offices, third party agencies, service providers, representatives and agents as described above (see Who we share your Personal Information with).

We also hold your Personal Information in secure data centres in the UK with all reasonable technological and operational measures put in place to safeguard it from unauthorised access.

Some of the third parties may be based outside the European Economic Area (EEA). For more information, including on how we safeguard your Personal Information when this occurs, see below Transferring your Personal Information out of the EEA and How we protect your personal information.

Transferring your Personal Information out of the EEA

To deliver services to you, it may sometimes necessary for us to share your Personal Information outside the European Economic Area (EEA) for example:

  • with your and our service providers located outside the EEA;
  • if you are based outside the EEA;
  • where there is an international dimension to the Matter about which we are advising you;
  • if one of our members of our staff needs to access it remotely while they are travelling outside the EEA.

These transfers are subject to special rules under EU and UK data protection law. In those circumstances, we undertake an assessment of the level of protection in light of the circumstances surrounding the transfer. We will make sure that any transfers are not repetitive and only limited to the minimum amount of information possible and will always take steps to ensure that your Personal Information is adequately protected. In certain circumstances we may need to seek your consent unless there is an overriding legal need to transfer the Personal Information.

Where necessary we have entered into standard European Commission approved model data protection clauses with our external service providers and business partners in relation to the services they provide which may involve processing Personal Information for which we are the data controller from locations outside the EEA.

How long your Personal Information will be kept

We will only retain your personal information 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.

When it is no longer necessary to retain your Personal Information, we will delete or anonymise it. In some circumstances we may anonymise your Personal Information (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

To determine the appropriate retention period for Personal Information, we consider the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorised use or disclosure of it, the purposes for which we process your Personal Information and whether we can achieve those purposes through other means, and the applicable legal requirements.

In some circumstances you can ask us to delete your data: see Your rights with respect to your Personal Information.

Clients

We only keep your Personal Information about your Matter for as long as is necessary to:

  • carry out our services for your Matter;
  • respond to any questions, complaints or claims made by you or on your behalf;
  • show that we treated you fairly;
  • keep records required by law to comply with our legal obligations. In certain circumstances, anti-money laundering legislation requires us to retain records, documents and information relating to a Matter (including a copy of your identity documentation) for five years from conclusion of your Matter or when our business relationship with you ends.

We retain your Matter file (which may include your Personal Information) for up to 10 years from the date of your final bill although this may vary depending on the nature of your Matter.

Complaints or requests

If you are not a client of ours, but you complain to us about how we have processed your Personal Information or you seek to exercise a data protection right such as a data subject access request, we will retain details of your complaint or request. We will only use the Personal Information we collect to process the complaint or request, to audit the level of service we have provided and to provide information to our insurers.

We will keep information in connection with the complaint or request in line with our retention policy. In most cases this means we will retain the information for seven years.

How we protect your Personal Information

Keeping information secure is a key part of data protection compliance. We have put in place appropriate security measures to prevent your Personal Information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your Personal Information to those employees, agents, contractors and other third parties who have a business need to know 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 or where we have otherwise agreed with you that we will.

If we have given you a username and password which allows you to access certain parts of your Matter through our systems, you are responsible for keeping it confidential.

How we maintain information security

We are committed to ensuring the security, availability and integrity of the information you entrust to us ( including your personal data). We work hard to ensure our security arrangements remain robust and meet ever changing challenges and threats so we will update this statement as we add new capabilities and make improvements to our systems.

Assurance

We maintain an assurance programme which is designed to proactively identify potential threats and opportunities to improve business security and integrity. We also run our own internal audit programme to verify that our staff are familiar with and adhere to our policies and procedures.

Operational management

We have an established management framework to identify, assess and manage information security risks. This is supported by a suite of information security procedures including, data protection, business continuity plans, acceptable use (including remote access and social media) and breach reporting and response.

Our security measures also help us to prevent and manage any interruptions to the services we deliver to you.

Physical security

We have physical entry controls at all of our offices to restrict access to premises and equipment on a need to know basis.

User authentication

We have a process in place to manage our IT user accounts for authorised individuals and to restrict access as necessary. We have appropriate password security procedures and a process in place to log and monitor user and system activity which can be used to detect any unauthorised access or anomalous activity and to help prevent data breaches.

Change control and supplier management

Change initiatives are underpinned by due diligence and testing processes to verify integrity, ensure security and avoid business interruptions. Supplier relationships start with a robust due diligence process. We use certified and trusted suppliers to help us maintain and support the smooth running of our systems.

Data encryption, protection and back up

We routinely back-up electronic information to help restore information in the event of disaster or ransomware attack.

We run virus scans on all incoming e-mail correspondence (and any attached documents) and use malware protection software to scan our computers to detect and prevent threats.

We provide secure transmission methods to protect your information including encryption for e-mails (when requested by you) and options to use secure file transfer (SFTP) for bulk transfers of data and (UK hosted) secure document storage and sharing.

Our boundary firewalls are designed to stop attacks before our network can be compromised and we use internet filtering to prevent our users accessing websites or other online services which we have assessed as presenting a threat or which we do not trust.

We have effective procedures for patch management and software updates. Our server certificates are issued by leading certificate vendors.

Your rights with respect to your Personal Information

You are entitled at any time to ask us for a copy of Personal Information we hold about you, known as a data subject access request. You are also entitled to ask that any information we hold about you is supplemented, updated or rectified. You can make any of these requests free of charge by contacting us: see Contact Information.

In certain circumstances you can also ask us to restrict our processing of your Personal Information (for example if you contest the accuracy of it). We will always review your request and will inform you if we decide we are not required to action it. If you require us to restrict or stop processing your Personal Information in any way, this may impact on our ability to provide our services to you. Depending on the nature of your requests we may have to stop acting for you, but you will still have to pay any unpaid fees and disbursements which we have incurred on your behalf to date.

You are entitled to ask that we send a copy of the Personal Information we hold about you to another organisation for your own purposes (for example if you intend to instruct another service provider instead of us). If you want us to move, copy or transfer your Personal Information in these circumstances, please let your usual Cool Blue contact know or contact us: see Contact Information.

We will aim to respond to your request within one month once we have assessed how feasible your request is, taking into account the technical capability of the other organisation involved.

For further information on each of those rights, including the circumstances in which they apply, please contact us or see the Guidance from the UK Information Commissioner’s Office (ICO) on individuals’ rights under the General Data Protection Regulation.

We do not use your Personal Information for automated decision making.

How to complain

We hope that we can resolve any query or concern you may raise about our use of your information. If you want to complain about how we have handled your Personal Information, please follow the procedure below. We will investigate your complaint, but if you are not satisfied with our response or believe we are processing your Personal Information unlawfully, you can complain to the UK Information Commissioner’s Office. Further information is available on the ICO website or telephone 0303 123 1113.

The EU General Data Protection Regulation also gives you the right to lodge a complaint with a supervisory authority, in particular in the European Union (or EEA) state where you work, normally live or where any alleged infringement of data protection laws occurred. The UK supervisory authority is the Information Commissioner’s Office.

If you have a complaint, you are encouraged in the first instance to either write or speak to the person who is dealing with your Matter or the account director responsible for our relationship with you (whose details will be found in your engagement letter). Full details of our complaints procedure is set out in our complaints policy which is provided to our clients. Please contact us if you would like us to send you a copy of the complaints policy.

If your complaint relates to a contract entered into online or by other electronic means, you may be able to submit your complaint to a certified alternative dispute resolution (often referred to as ADR) provider in the UK using the EU ODR platform. The ODR platform, which is available for cross-border and domestic disputes, is an interactive website offering a single point of entry to consumers and traders seeking to resolve disputes relating to online contracts for goods or services. The website address for the ODR platform is http://ec.europa.eu/odr.

Contact Information

Please contact us by post, e-mail or telephone if you have any questions about this privacy policy or the information we hold about you.

Our contact details

enquire@coolblue.co.uk

0191 375 9150

Do you need extra help?

If you would like this notice in another format (for example large print) please contact us using the details above.

16 May 2018

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