Privacy Policy

How we store and use your personal data

This privacy policy ("Policy") was last updated on 13 August 2018.

The Policy sets out how Burlingtons Legal LLP stores and uses the personal data which it collects from individuals in whatever capacity and by whatever means. For information specifically relating to the operation of the Burlingtons website www.burlingtonslegal.com ("Site") please see the section entitled Cookies below.

This Policy and any other document(s) referred to in it, sets out how we will treat your personal information, and is intended to help you understand how we deal with any personal information we may obtain from you and how you may access, alter, rectify and / or remove it. Under data protection legislation we, Burlingtons Legal LLP, are the Data Controller and our address is 5 Stratford Place, London, W1C 1AX. We are registered with the Information Commissioner’s Office as a fee payer with registration number Z2620628.

This Policy has been prepared to meet the requirements of all relevant laws and regulations relating to data protection, whether local, national or supranational, including (i) the Data Protection Act 2018 and the Privacy and Electronic Communications Regulations (EC Directive) 2003 (S/2003i2426) (ii) all applicable requirements of the General Data Protection Regulation ((EU) 2016/679) ("GDPR") and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK unless and until the GDPR is no longer directly applicable in the UK and then (iii) any successor legislation to the GDPR or the Data Protection Act 2018 and also The Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011.

Our commitment to the privacy of your data

Burlingtons commits:

  • to keep your data safe and private;
  • only to disclose your data to third parties in order to enable us to carry out our obligations to you;
  • to never sell or exchange your data for marketing purposes whether in explicit or pseudonymised form.

It is important that the personal data we hold about you is accurate and current. Please advise us if your personal information changes during your relationship with us.

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 or improperly altered or disclosed. In addition, we only authorise 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.

The purposes for which we may use your personal data

The information we may collect from you includes, but is not limited to personal contact details such as name, title, address, telephone number, email address and your preferences for receiving marketing related information from us.

Where applicable, we may hold copies of documents you provide to us to prove your identity when the law requires us to have this. Identification documents may include your passport and driver's licence. These show details of your full name, address, date of birth and facial image. Data on your passport will also include your place of birth, gender and nationality.

We will only collect the minimum amount of personal data needed to enable us to carry out any legitimate activities of which you are aware.

We will use your personal data to the extent necessary to enable us to carry out our obligations arising from any agreement for the provision of legal services that we enter into with you, to respond to your queries and requests, maintain your file and manage transactions relating to your instructions such as payments to or from Burlingtons. We may need to hold details of your bank account to enable us to process any such payments.

We may from time send newsletters, details of Burlingtons’ events or other materials which we think may be of interest, to people with whom we have a relationship. Such communications may include a marketing element and we consider that it is in our legitimate interest to develop our business in this way since the impact of such communications on the recipients is likely to be minimal and the information supplied will hopefully be of use to our contacts and clients. We will always offer an opt out channel with any such communications. It is your choice whether or not to provide us with personal information. Personal information (or personal data) means any information about an individual which, either on its own or when combined with other data, enables an individual to be identified. It does not include data where the identity has been removed.

There are instances where we would have to comply with the law and deal with your personal data for regulatory, legal and compliance purposes. These may include:

  • compliance with specific legal and regulatory requirements;
  • gathering information as part of investigations by regulatory bodies or in connection with legal proceedings or requests;
  • when we are investigating complaints; and
  • when we perform functions that are part of our business requirements to deliver services to you, for example, when we are checking references, monitoring and managing staff access to systems and facilities, staff conduct, disciplinary matters etc.

By providing your personal information to us, you agree that we may collect and use all personal information you provide to us in the ways described in this Policy. If you do not agree with the terms of this Policy, please do not provide personal information to us.

Requests concerning your data

The GDPR gives you a number of rights concerning your personal data.

Where you 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. 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. To withdraw your consent, please contact us on law@burlingtonslegal.com or write to us at Burlingtons Legal LLP, 5 Stratford Place, London, W1C 1AX. Once we have 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. You also have the right to:

  1. Request access to the personal information that we hold about you. This enables you to receive a copy of the personal data we hold about you and to check that we are processing it lawfully.
  2. Request correction of the personal information 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. It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes.
  3. Request erasure of your personal information where there is no good reason for us continuing to process it.
  4. Object to processing of your personal information 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. In some cases, we may be able to demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes.
  5. Request the transfer of your personal information to you or to a third party.
  6. Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
  • if you want us to establish the data's accuracy;
  • where our use of the data is unlawful but you do not want us to erase it;
  • 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
  • you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

If you want to contact us with regards to the information we hold about you as above, please do so by emailing us at law@burlingtonslegal.com or writing to us at Burlingtons Legal LLP, Stratford Place, London, W1C 1AX. You will not normally 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.

We may need to request specific information from you to help us confirm your identity and ensure your right to access the information you are requesting (or to exercise any of your other rights). This is a security measure to ensure that personal information is not disclosed to any person who has no right to receive it.

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 if you have made a number of separate requests. In this case, we will notify you of the likely timescale and keep you updated.

Cookies

A “cookie” is a small text file which is created on your computer’s hard disk when you access certain websites. Cookies allow the website to recognise your computer. A cookie can identify the pages that are being viewed and this can assist the website operator to select the pages that the visitor sees.

Some cookies (Session Cookies) only exist whilst visitors are online on a particular occasion. These are temporary cookies that aid a visitor’s journey around the Site and remember the preferences you have selected during that “session”.

Other cookies (Persistent cookies), are not session-based and remain on a visitor’s computer, so that they can be recognised as a previous visitor when they next visit that website

Burlingtons does not currently use cookies on the Site or collect personal data via the Site by any other means. In the event that we do start using cookies of any sort we will amend this Privacy Policy accordingly. We will place a warning message on the Site if we make any material alterations to this Policy but we recommend that you revisit the Policy from time to time to ensure that you are fully aware of the contents.

It is not Burlingtons’ normal practice to provide links from the Site to third party websites although we may do so from time to time. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. Burlingtons gives no warranty regarding any third party website. We do not control any third-party website for which we may provide a link and are not responsible for their privacy statements. When you leave our Site, we encourage you to read the privacy notice of every website you visit.

You have the ability to accept or decline cookies by modifying the settings in your browser. For example, in Internet Explorer, you can go to Tools and then Internet Options, where there is the option to change your settings to disable cookies. However, you may not be able to use all the interactive features of a website if the cookies are disabled.

You also have the ability to delete cookies that have been installed in the cookie folder of your browser. To do this you can search for “cookies” in your “Help” function for information on where to find your cookie folder.

Social media

Information that you post via social networking (including but not limited to Facebook, Instagram and Twitter) is generally accessible to, and may be collected by, others and may result in unwelcome communications. For your own safety and security you should not provide information about yourself on these areas of our Site or via other social networking applications we may use from time to time.

If you disclose any information via social networking, we do not accept any responsibility or liability for any breach of privacy, loss, damage, effect on your reputation or otherwise whatsoever.

How and where do we store your personal information?

All personal information we collect from you is stored on secure servers and is securely backed up.

The personal information that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers or professional associates. Such staff may be engaged in, among other things, the provision of support services. By submitting your personal information, you agree to this transfer, storing or processing. If your personal information is shared, you can expect a similar degree of protection in respect of your personal information as we require third parties to respect the security of your data and to take appropriate measures to protect your personal information in line with this Policy.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Site; any transmission is at your own risk. Once we have received your personal data, we will use strict procedures and security features to try to prevent unauthorised access.

How long do we keep your personal information?

We will only retain your personal information for as long as necessary for the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements, and for any other uses set out in this Policy. 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 your personal information, the purposes for which we process your personal information, whether we can achieve those purposes through other means, and the applicable legal requirements.

We normally retain a client file for a period of seven years after a matter has been completed ("Retention Period") to enable us to comply with legal requirements and so that we can respond to you if you have any questions or require information regarding work which we have carried out for you. You may request that the relevant file be returned to you at any time within the Retention Period. If you have not done so we will destroy any files and related email correspondence at the end of the Retention Period.

In some circumstances we may anonymise your personal data (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.

General

Please note that we may need to update this Policy from time to time to reflect changes in the law. Any changes we may make to our Policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. We recommend that you check this page regularly to ensure that you have read the most recent version and are happy with any changes.

You have the right to make a complaint at any time to the Information Commissioner's Office, the UK supervisory authority for data protection issues.

Questions, comments and requests regarding this Policy are welcomed and should be sent to law@burlingtonslegal.com or in writing to Burlingtons Legal LLP, 5 Stratford Place, London, W1C 1AX.

Terms and conditions for visitors

Your use of this website

This website www.burlingtonslegal.com (“Site”) is owned by Burlingtons Legal LLP, trading as Burlingtons (“us”, “our” or “we”), a limited liability partnership and registered in England and Wales with registered number OC360876. We are a firm authorised and regulated by the Solicitors Regulation Authority with SRA number 58409 and our VAT number is GB 107502156.

We are registered with the Information Commissioner’s Office as a fee payer with registration number Z2620628. Our registered office and trading address is 5 Stratford Place, London W1C 1AX.

Any reference on the Site to this "firm" or "practice" is a reference to Burlingtons Legal LLP and any reference to a "Partner" is to a member of Burlingtons or an employee or consultant who is a lawyer with equivalent standing and qualifications. These words do not indicate practice in an unlimited partnership. A list of the members of Burlingtons is displayed at the above address, together with a list of those non-members who are designated as partners.

The following terms and conditions for visitors (“Terms”) constitute a legal agreement between a visitor to our Site (“you”) and us with respect to our website service, the terms of which are set out below. By continuing to use the Site you represent that you have read, understood and agree to be bound by these Terms. If you do not agree to (or cannot comply with) any of the below terms and conditions, please do not continue to access and use the Site.

1. Accessing our site

1.1 Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Site without notice (see below). We will not be liable if for any reason our Site is unavailable at any time or for any period.

1.2 From time to time, we may restrict access to some parts of our Site, or to our entire Site.

1.3 You may only use the Site for the purposes referred to in this Agreement and not access the Site or use information gathered from it to send unsolicited e-mails.

2. Our right to vary these terms

We have the right to revise and amend these Terms from time to time, for example, to reflect changes in market conditions affecting our business, changes in technology, changes in relevant laws and regulatory requirements and changes in our system’s capabilities. You acknowledge that it is your responsibility to check the Site regularly to ascertain if changes have been made and your continued use of the Site after such a change will constitute your acceptance of any changes.

3. Your agreements

You agree that:

3.1. You understand that any information given on the Site may not be complete or accurate and that it may be out of date and you understand that it is for general guidance only and that you should not act upon it without first taking professional advice.

3.2. Whilst we utilise anti-virus software, it is your responsibility to ensure that you do not introduce any virus, Trojan horse, worm or any other items of a destructive nature to the Site. You will not hold us responsible for any damage that results from you accessing the Site (including damage to any software or systems you use to access the Site).

3.3. You will not attempt or permit or encourage others to attempt to copy or make use of any intellectual property appearing on our Site for any commercial use or in any manner which would constitute an infringement of our copyright.

4. Indemnity

You agree to indemnify and hold harmless us, our partners, employees and consultants from and against any and all claims, losses, demands, causes of action and judgments (including legal fees and court costs) arising from or concerning any breach by you of these Terms and you agree to reimburse us on demand for any losses, costs or expenses we incur as a result thereof.

5. General

5.1. The information we may provide to you on the Site is not to be taken as legal or other professional advice and you must not rely on it as being such. It is always possible that, despite our best efforts, some of the information on our Site may be incorrect. We shall not be responsible to you for damages or otherwise in respect of any error made in any content, online resource or other written materials.

5.2. We will not be liable for errors or omissions on the Site nor for loss or damage suffered by you as a result of any unavailability of the Site or by any use by you or reliance placed on the Site or its contents including any damage caused to your computer or otherwise howsoever, or any direct, indirect or consequential loss or loss of data.

5.3. We shall not be liable to you for the failure of any equipment, software or transmission link and will not be liable to you as a result of any down-time which may occur upon the Site.

5.4. The Site is provided “as is” and you acknowledge that despite our reasonable endeavours the Site may contain bugs, errors and other problems (including, but not by way of limitation) infection by viruses (despite anti-virus protections which may be incorporated) or anything else which may cause contamination or destruction of any sort that may cause system failures. Notwithstanding, we will use all reasonable endeavours to correct any errors and omissions as quickly as practicable after being notified by e-mail to law@burlingtonslegal.com.

5.5. We reserve the right at any time and from time to time to modify the Site, or any part thereof, or to discontinue the same temporarily or permanently without notice to you and without any liability to you or to any third party.

5.6. Links to any third party websites from the Site are provided solely for your convenience. If you use these links, you leave the Site. We do not control and are not responsible for any third party websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk. You agree that any use of such third party site may be subject to your acceptance of the third party’s terms and conditions.

5.7. You are not permitted to create a link to this Site without our consent and you undertake not to do so.

5.8. The Site must not be framed on any other website.

5.9. You agree that any transactions, dealings or arrangements you carry out on any third party site shall be direct with such third party (on the terms and conditions (if any) of such third party) and not with us. You agree that we are not liable in any way in relation to such transactions, dealings or arrangements which are at your own risk and responsibility.

5.10. From time to time third parties may link to our Site without our express consent or knowledge. We are not responsible in any way for any dealings which you may have with these unauthorised sites or any content which may be displayed or linked to by these third parties. If you do come across any link which is offensive or otherwise unsuitable or inappropriate to us or our visitors please let us know by contacting law@burlingtonslegal.com.

6. Intellectual property rights

6.1. All intellectual property content on the Site including, without limitation, trademarks, button icons, logos, graphics, photographs, publications, materials, images and text and other content (“Site Content”) is either owned by us or licensed to us and it is protected by International Copyright laws. Your use of them is governed by these Terms and applicable law.

6.2. You will infringe our rights if you copy or reproduce any part of the Site save for:

6.2.1. a temporary copy of any part of the Site which is automatically made or retained by your browser as you browse the Site; or

6.2.2. you printing out a copy of these Terms which we recommend you do; or

6.2.3. your own personal use provided that:

6.2.3.1 no documents or related photographs, graphics or images on the Site are modified in any way;

6.2.3.2 no photographs, graphics or images on the Site are used separately from the corresponding text; and

6.2.3.3 our copyright and trade mark notices and this permission notice appear in all copies.

6.2.4 Other than for the above three exceptions you must not copy the Site Content or the intellectual property in question for any purpose without our prior written consent.

6.3. For the purposes of this clause 6 “copy” and “copying” shall include non-literal copying as well as the copying of the structure and form of the Site and any elements within it.

7. Disclaimers

7.1. While we endeavour to ensure that the Site Content is correct, we do not warrant the accuracy and completeness of any information on the Site. Commentary and information is not intended to amount to advice and you should not rely on it without seeking professional advice to meet your requirements or circumstances. We may make changes to the Site Content at any time without notice. The Site Content may be out of date, and we make no commitment to update such material.

7.2. We will exercise reasonable skill and care in providing the Site including Site Content provided by third parties. We do not guarantee or accept any responsibility for the accuracy, completeness, currency or reliability of any Site Content from whatever source. We accept no liability and we do not assume any duty of care to you in respect of any loss you may suffer as a result of your reliance upon any Site Content.

7.3. You understand and agree that your use of the Site is at your own sole risk. The Site is provided “as is” and without warranty by us, and, to the maximum extent allowed by applicable law we expressly disclaim all warranties, express or implied including, but not limited to, implied warranties of reliability, completeness or accuracy of information, fitness for a particular purpose, and any warranty of non-infringement. We do not warrant, guarantee, or make any representations regarding the use or the results of the use of the Site with respect to performance, accuracy, reliability, security capability or otherwise. You will not hold us responsible for any damages that result from you accessing (including any software or systems you use to access) the website service or using the Site including, but not limited to, infection by virus, damage to any computer, software or systems or portable devices you use to access the same. No oral or written information or advice given by any person shall create a warranty or a representation from us.

7.4. In the event that any provision in these Terms is determined to be unenforceable or invalid, such provision shall be severed and the remaining provisions which shall be enforceable to the fullest extent permitted by law.

7.5. Under no circumstances shall we be liable for any unauthorised use of the Site.

8. Third party rights

No third party shall have the right to enforce any provision of these Terms under the Contracts (Rights of Third Parties) Act 1999.

9. Governing law and entire agreement

9.1. These Terms and any other terms or documents referred to herein represent your entire agreement with us with respect to your use of this Site. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with the applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

9.2. English Law governs this Agreement and your use of this Site, and you expressly agree that the English courts shall have exclusive jurisdiction over any claim or dispute between us or relating in any way to your use of this Site.

10. Dispute resolution

Please note that if you have a dispute with us which cannot be resolved amicably, the European Commission provides a platform (the “ODR Platform”) for the out-of-court resolution of disputes concerning contractual obligations arising from online contracts for sales or services. The ODR Platform is accessible via the following link: http://ec.europa.eu/consumers/odr.