Privacy policy

Introduction

Welcome to the www.commerciallawbarrister.com privacy policy.

The www.commerciallawbarrister.com website (or “site”) is operated by Paul Schwartfeger—referred to also as “I”, “me” and “my” in this privacy policy.

I respect your privacy and am committed to protecting your personal data. This privacy policy will inform you as to how I look after your personal data when you visit this website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.

Please click through to the specific areas of the policy set out below. Please also use the Glossary to understand the meaning of some of the terms used in this privacy policy.

  1. Important information and who I am
  2. The data I collect about you
  3. How is your personal data collected?
  4. How I 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 I am

Purpose of this privacy policy

This privacy policy aims to give you information on how I collect and process your personal data through your use of this website, including any data you may provide through this website when you sign up to my newsletter or make contact with me.

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

It is important that you read this privacy policy together with any other privacy policy or fair processing policy I may provide on specific occasions when I am collecting or processing personal data about you so that you are fully aware of how and why I am using your data. This privacy policy supplements other notices and privacy policies and is not intended to override them.

Controller

Paul Schwartfeger is the controller of this website and is responsible for your personal data.

If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact me.

Changes to the privacy policy and your duty to inform me of changes

I keep my privacy policy under regular review. This version was last updated on 18 February 2023. Every time you wish to use this site, please check this policy for any updates that may affect you.

It is important that the personal data I hold about you is accurate and current. Please keep me informed if your personal data changes during our relationship.

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. I do not control these third-party websites and are not responsible for their privacy statements. When you leave this website, I encourage you to read the privacy policy of every website you visit.

2. The data I 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).

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

  • Identity Data includes your title, first name, maiden name, last name and any username or similar identifier.
  • Contact Data includes your postal address, email address and telephone numbers.
  • Technical Data includes your 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.
  • Profile Data includes your interests, preferences, feedback and survey responses.
  • Usage Data includes information about how you use this website and my products and services.
  • Marketing and Communications Data includes your preferences in receiving marketing from me and your communication preferences.

I may also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, I may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if I combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, I will treat the combined data as personal data which will be used in accordance with this privacy policy.

I 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). Nor do I collect any information about criminal convictions and offences.

Please note that this website uses technology from Google to prevent spam and is therefore subject to the additional Privacy Policy and Terms of Use of Google.

If you fail to provide personal data

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

3. How is your personal data collected?

I use different methods to collect data from and about you including through:

  • Direct interactions. You may give me your Identity and Contact Data by filling in forms or by corresponding with me by post, phone, my website, email or otherwise. This includes personal data you provide when you:
    • subscribe to my newsletter;
    • request or use my services or publications;
    • request marketing to be sent to you;
    • enter a promotion or survey; or
    • give me feedback or contact me.
  • Automated technologies or interactions. As you interact with my website, I will automatically collect Technical Data about your equipment, browsing actions and patterns. I collect this personal data by using cookies, server logs and other similar technologies. I may also receive Technical Data about you if you visit other websites employing my cookies. Please see my cookie policy for further details.
  • Third parties or publicly available sources. I will receive personal data about you from various third parties including Technical Data obtained from analytics providers and advertising networks such as Google (based outside the EU).

4. How I use your personal data

I will only use your personal data when the law allows me to. Most commonly, I will use your personal data in the following circumstances:

  • Where it is necessary in order for me to respond to you after you have made contact with me.
  • Where I need to perform the contract we are about to enter into or have entered into with you.
  • Where it is necessary for my legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
  • Where I need to comply with a legal obligation.

View the definition of “Lawful Basis” in the glossary to find out more about the types of lawful basis that I will rely on to process your personal data.

Generally, I do not rely on consent as a legal basis for processing your personal data although I will get your consent before 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 me.

Purposes for which I will use your personal data

I have set out below, in a table format, a description of all the ways I plan to use your personal data, and which of the legal bases I rely on to do so. I have also identified what my legitimate interests are where appropriate.

Note that I may process your personal data for more than one lawful ground depending on the specific purpose for which I am using your data. Please contact me if you need details about the specific legal ground I am relying on to process your personal data where more than one ground has been set out in the table below.

Purpose/Activity Type of data Lawful basis for processing including basis of legitimate interest

To manage my relationship with you which will include:

(a) Responding to any contact you make with me

(b) Sending you my newsletter if you have signed up to this

(c) Asking you to leave a comment or take a survey

(a) Identity

(b) Contact

(c) Profile

(d) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary to comply with a legal obligation

(c) Necessary for my legitimate interests (to keep my records up-to-date and to study how customers and clients use my products and services)

(d) Consent

To administer and protect my business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)

(a) Identity

(b) Contact

(c) Technical

(a) Necessary for my legitimate interests (for running my business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)

(b) Necessary to comply with a legal obligation

To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising I serve to you

(a) Identity

(b) Contact

(c) Profile

(d) Usage

(e) Marketing and Communications

(f) Technical

Necessary for my legitimate interests (to study how customers and clients use my products and services, to develop them, to grow my business and to inform my marketing strategy)

To use data analytics to improve my website, products and services, marketing, customer relationships and experiences

(a) Technical

(b) Usage

Necessary for my legitimate interests (to define types of customers for my products and services, to keep my website updated and relevant, to develop my business and to inform my marketing strategy)

To make suggestions and recommendations to you about products or services that may be of interest to you

(a) Identity

(b) Contact

(c) Technical

(d) Usage

(e) Profile

(f) Marketing and Communications

Necessary for my legitimate interests (to develop my products and services and grow my business)

Marketing

I strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

I may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what I think you may want or need, or what may be of interest to you. This is how I decide which services and information may be relevant for you (I call this marketing).

You will receive marketing communications from me if you have requested information from my and you have not opted out of receiving that marketing or if you have signed up to my newsletter.

Third-party marketing

I do not presently share your personal data with any third parties for their marketing purposes and will not do so without first getting your express opt-in consent.

Opting out

You can ask me to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting me at any time.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to me as a result of other correspondence, services or other transactions you have initiated or entered into with me.

Cookies

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 I use, please see my cookie policy.

Change of purpose

I will only use your personal data for the purposes for which I collected it, unless I reasonably consider that I 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 me.

If I need to use your personal data for an unrelated purpose, I will notify you and I will explain the legal basis which allows me to do so. Please note that I 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

I may share your personal data with third parties to whom I may choose to sell, transfer or merge parts of my business or my assets. Alternatively, I may seek to acquire other businesses or merge with them. If a change happens to my business, then the new owners may use your personal data in the same way as set out in this privacy policy.

I require all third parties to respect the security of your personal data and to treat it in accordance with the law. I do not allow 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 my instructions.

Please note that my website uses technology from Google to prevent spam and is therefore subject to the additional Privacy Policy and Terms of Use of Google.

6. International transfers

I may share your personal data with certain services providers, including Google, Heart Internet and GoDaddy. These companies provide technical services to me for the delivery, maintenance, hosting and management of my website and communications you may send to us. This may involve transferring your data outside of the United Kingdom.

Whenever I transfer your personal data out of the United Kingdom, I ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

  • I will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data. For further information, see the UK Information Commissioner’s website.
  • Where I use certain service providers, I may use specific contracts approved for use in the UK which give personal data the same protection it has in the UK.

Please contact me if you want further information on the specific mechanism used by me when transferring your personal data out of the UK.

7. Data security

I 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, I 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 my instructions and they are subject to a duty of confidentiality.

I 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 I am legally required to do so.

8. Data retention

How long will I use my personal data for?

I will only retain your personal data for as long as reasonably necessary to fulfil the purposes I collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements I am subject to. I may retain your personal data for a longer period in the event of a complaint or if I reasonably believe there is a prospect of litigation with respect to my relationship with you.

To determine the appropriate retention period for personal data, I 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 I process your personal data and whether I can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

In general I do not retain your personal information for more than six years unless you continue to be a recipient of a service from me. For example, if you are a subscriber to my newsletter or receive marketing from me, your personal information will be retained throughout my provision of those services by me which may be longer than six years. Once you are no longer subscribed to receive such services your personal data will be subject to deletion within six years.

In some circumstances you can ask me to delete your data.

In some circumstances I will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case I may use this information indefinitely without further notice to you.

9. Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data. These include:

  • 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 I hold about you and to check that I am lawfully processing it.
  • Request correction of the personal data that I hold about you. This enables you to have any incomplete or inaccurate data I hold about you corrected, though I may need to verify the accuracy of the new data you provide to me.
  • Request erasure of your personal data. This enables you to ask me to delete or remove personal data where there is no good reason for me continuing to process it. You also have the right to ask me to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where I may have processed your information unlawfully or where I am required to erase your personal data to comply with local law. Note, however, that I 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 I am 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 I am processing your personal data for direct marketing purposes. In some cases, I may demonstrate that I 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 me to suspend the processing of your personal data in the following scenarios:
    • If you want me to establish the data’s accuracy.
    • Where my use of the data is unlawful but you do not want me to erase it.
    • Where you need me to hold the data even if I no longer require it as you need it to establish, exercise or defend legal claims.
    • You have objected to my use of your data but I need to verify whether I have overriding legitimate grounds to use it.
  • Request the transfer of your personal data to you or to a third party. I will provide to you, or a third party you have chosen, your personal data. Note that this right only applies to automated information which you initially provided consent for me to use or where I used the information to perform a contract with you.
  • Withdraw consent at any time where I am 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, I may not be able to provide certain products or services to you. I will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact me.

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, I may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, I could refuse to comply with your request in these circumstances.

What I may need from you

I may need to request specific information from you to help me 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. I may also contact you to ask you for further information in relation to your request to speed up my response.

Time limit to respond

I try to respond to all legitimate requests within one month. Occasionally it could take me longer than a month if your request is particularly complex or you have made a number of requests.

10. Glossary

Lawful basis

Legitimate Interest means the interest of my business in conducting and managing my business to enable us to give you the best service/product and the best and most secure experience. I make sure I consider and balance any potential impact on you (both positive and negative) and your rights before I process your personal data for my legitimate interests. I do not use your personal data for activities where my interests are overridden by the impact on you (unless I have your consent or are otherwise required or permitted to by law). You can obtain further information about how I 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 obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

External third parties

Service providers based in the United Kingdom, European Union, European Economic Area and the United States of America who provide IT and system administration services.

Professional advisers including lawyers, bankers, auditors and insurers based in the United Kingdom, European Union and European Economic Area who provide consultancy, banking, legal, insurance and accounting services.

HM Revenue & Customs, regulators and other authorities based in the United Kingdom who require reporting of processing activities in certain circumstances.