Hardwicke respects your privacy and seeks to protect your personal data. The following information describes how we gather and use data. The amount of information Hardwicke holds on you and how it uses it depends on your relationship with Hardwicke and on what service you use, so some of the sections below may not be relevant to you.
Every barrister who is a member of Hardwicke is a signatory to Hardwicke’s Constitution. By that Constitution every barrister at Hardwicke adopts this policy. As such any reference to a barrister in this policy applies to any barrister member of Hardwicke whether they are a full member, consultant member or pupil.
- We keep to a minimum the amount of information we hold about you.
- We use your data to respond to your enquiries about the services offered by us and our barristers (the lawful basis for this is “legitimate interest”) and to provide our services to you (the lawful basis for this for Hardwicke and for the barrister(s) instructed is “Contract”).
- We delete your data when it is no longer needed.
- We apply appropriate security mechanisms to protect your personal data.
For the definition of terms used within this Privacy Notice refer to the ICO website or look at the General Data Protection Regulation (“GDPR”). We suggest you start with the ICO website.
We are happy to answer any questions you have about this Privacy Notice. Contact us via email on DPM@hardwicke.co.uk.
The following are basic questions you may have about our privacy statement. We encourage you to read the detailed statement below for additional details.
What information does Hardwicke collect about me?
We collect your name, phone number, email address, IP address, social identifiers, data provided by cookies and other similar technologies, functional data such as registration and system data, as well as additional usage data; for instance, purchasing preference and event attendance information.
What information does my barrister process about me?
Your barrister will process information provided by you that is relevant to your case and the services you enquire about or instruct the barrister in relation to.
In the course of a barrister acting on professional instructions it may be necessary for them to process third party information (for instance, relating to witnesses or other individuals involved in the case). This information will always be related to the case and the instructions received by the barrister. The barrister will not process third party data for any other reason.
Why does Hardwicke need my information?
We use the data to provide you with the best experience from the products and services we offer, which includes using data to improve and personalise your experiences. We also use the data to communicate with you, for example, informing you about new products or services available, security and other types of updates.
How is my information used by Hardwicke?
We use the data for the following purposes:
- Service improvement
- Future service enhancement
- Client support
- Security, safety, and dispute resolution
- Communications and marketing
- Internal training
How is my information used by my barrister?
Your barrister will use your information for the following purposes:
- To respond to your enquiries about the service offered
- To carry out your instructions
- Internal training
- Dispute resolution
What are my rights as a data subject?
- You have the right to opt out of communications
- You have the right to the rectification of any incorrect data we hold about you
- You have the right to object to us processing your information
- You have the right to access any information we hold on you
You can exercise any of these rights by contacting us at DPM@hardwicke.co.uk.
How do I delete my personal data from Hardwicke and what are the consequences?
You can always send us an email to DPM@hardwicke.co.uk. and request that your data be deleted. However, please note, by deleting your personal data you may impact the service we can provide you.
How long does Hardwicke keep my information?
We retain personal data for as long as necessary to provide Services, support your Product and fulfil the transactions you have requested, or for other essential purposes such as complying with our legal obligations, and resolving disputes and enforcing our agreements. Because these needs can vary for different data types in the context of different Products or Services, actual retention periods can vary significantly. For direct marketing purposes, we will delete data by the end of the January following four years without either doing business with the contact or the contact having attended a Hardwicke marketing event. Hardwicke does not carry out direct marketing with lay clients and will only contact professional clients or associates.
How is information stored?
We are committed to protecting the security of your personal data. We use a variety of security technologies and procedures to help protect your personal data from unauthorised access, use or disclosure. For example, we store the personal data you provide on computer systems that have limited access and are in controlled facilities. Where appropriate, data we transmit over the internet is protected using encryption.
Is Hardwicke using cookies to gather information?
How can I contact Hardwicke if I have questions regarding this privacy statement?
If you have any questions about the use of your personal information, please send us an email to DPM@hardwicke.co.uk.
What personal data do we hold and why?
Your name and contact information, provided by you, will be used to respond to your enquiry, requests for further information, and to communicate with you during the provision of our services to you.
Hardwicke collects and updates information about users of its services. It may obtain this information via direct contact with you, from third parties such as other users and automatically via your use of our services.
This information includes your contact details, registration and payment details, support problems, details around participation in events, surveys and certain relevant details of your preferences.
Hardwicke also gathers information about your use of our services, such as generic types of data accessed, times and volume of use of the services and Traffic Data from the use of our Website. Traffic Data includes logs, details of networks, data and systems accessed, details of the sender and recipients of messages sent over our services, times and location of log on or access, duration of sessions, clickstream and similar usage or system data. Traffic Data may sometimes be traceable to/related to not just companies but named individuals.
Upon request we provide site visitors with access to all information including proprietary information that we maintain about them (but not other users unless required to do so by law) including unique identifier information (e.g. customer number or password) and contact information (e.g. name, address, phone number). Users can access this information by e-mailing or writing to us. Upon request we offer visitors the ability to have inaccuracies corrected by providing such correct details to Hardwicke or where available by changing their registered details online.
Hardwicke collects and uses your information to administer, support, improve and obtain feedback on our services and to detect and prevent faults, breaches of our network security, the law or our contract terms. If you are registered to use a service we may use the information you provide to us to carry out the service (please see the terms and conditions relating to that particular service) and we may contact you to obtain feedback on that service and any improvements we could make to it.
What is the legal basis on which my barrister uses my information?
Your barrister will use your information in relation to any enquiry that is made about the services they offer on the basis of legitimate interest in using the information to respond to the enquiry.
The legal basis for data processing that is carried on when you instruct your barrister is that the processing is necessary for the performance of a contract.
Your barrister will keep data provided in the course of your instructions in accordance with Hardwicke’s Data Retention Policy after the contract has been completed. The basis for this processing is the legitimate interest of the barrister in retaining the data for conflict checking purposes and in case of future disputes.
Should the data provided to your barrister include data that falls into the special categories of data under Article 9 of GDPR your barrister will process that data on the legal basis that processing is necessary for the establishment, exercise or defence of legal claims. Following the completion of the contract with your barrister, your barrister will keep the data provided in accordance with Hardwicke’s Data Retention Policy. The legal basis for this processing will be that the data is processed is necessary for the establishment, exercise or defence of legal claims.
What is the legal basis on which Hardwicke uses my information?
Hardwicke processes your data as a data processor of the barrister that you instruct or whose services you enquire about.
Where you make enquiries about the services offered by Hardwicke the basis for processing your data is the legitimate interest in using your information to respond to the enquiry.
The legal basis for processing your data where you contract with Hardwicke in relation to services we offer is that the processing is necessary in the performance of that contract.
The legal basis for the direct marketing that Hardwicke carries out is on the legal basis of legitimate interest in carrying out such marketing activity. Hardwicke does not carry out direct marketing with lay clients.
How does your barrister use your information?
Your barrister uses your information in relation to dealing with your enquiries and/or in the performance of those contracts, and to tailor our services to our client’s needs. Your barrister may also use your information for training purposes. Your barrister will retain your information for future conflict checking and dispute resolution. Your barrister will also use your information where it is required to by law or by professional regulators.
How does Hardwicke use your information?
For each visitor to Hardwicke’s website, Hardwicke’s Web server automatically recognises the user’s domain name. We also collect the e-mail addresses of those who communicate with us via e-mail and aggregate information on what pages users access or visit. Information volunteered by the user such as survey information and/or site registrations is also collected. The information we collect is used primarily for internal review and to improve the content of our Website & services. It is also used to notify users about updates to our services. This information is not shared with other organisations for commercial purposes. If you do not want to receive e-mail from us in the future, please let us know by sending an e-mail to DPM@hardwicke.co.uk.
Hardwicke maintains a database of clients, cases and other professional matters about which we receive enquiries and about which we or our barristers are contracted in relation to. This information is used in relation to dealing with those enquiries and/or in the performance of those contracts, and to tailor our services to our client’s needs. Hardwicke may also use your information for training purposes. Hardwicke will retain your information for future conflict checking and dispute resolution. Hardwicke will also use your information where it is required to by law or by professional regulators.
Whom do we share it with?
Hardwicke and Hardwicke’s barristers may work with Associates in the provision of some of our services.
Hardwicke will provide you with details of which Associates will be involved as part of the agreement with you regarding the provision of any of our services. We will also discuss and agree on any specific security requirements you may have during the provision of our services.
All other third parties we use – including those who provide email and storage solutions used in our day to day work – are selected for, and monitored on, how they meet the requirements of current UK data protection legislation and the requirements of GDPR.
Where this includes storage or processing of information outside of the European Economic Area (EEA), we include checks to ensure that compliance with the appropriate frameworks for exchange of personal data (such as the EU-US Privacy Shield) is in place.
Exemptions to the above are where we are asked to provide information as a result of a court order or to recover monies due.
Your personal data may also be shared with:
- regulators or legal advisors in the event of a dispute or complaint;
- law enforcement officials, government authorities or other third parties in order to comply with legal obligations; and/or
- legal directory publishers for the purposes of peer group review and feedback on the members of Hardwicke and the staff of Hardwicke.
Hardwicke will not share your data with any other organisations for marketing, market research or commercial purposes.
How long do we store it for?
The latest point that Hardwicke and/or your barrister will store your personal information until is the end of the January following the expiry of the statutory limitation period plus two years after the latest of:
- the date of completion of our services,
- the conclusion of your case; or
- the date of payment in respect of our services.
Hardwicke may store your information in its databases, such as its customer relationship database, for reference. The information may be retained and used by Hardwicke to answer queries or resolve problems, provide improved and new services and any data retention requirements of the law. This means we may retain information after an individual ceases to use Hardwicke’s services or after the individual has ceased interacting with Hardwicke. Except where the law, authorities or regulatory bodies require us to retain it for longer, we retain Traffic Data after the Traffic Data was generated.
Hardwicke and your barrister will store your data in accordance with Hardwicke’s Data Retention Policy. Whilst we store your information we store it securely to prevent unauthorised use.
Your rights regarding our use of your personal data
You can review, edit or delete your personal data we hold by contacting us directly at DPM@hardwicke.co.uk. You can also alter our collection and use of your data by contacting us to vary your communication and data usage preferences. You will always have the right to opt out of receiving promotional emails and other types of marketing communication from us.
We will respond to any request to access or delete your personal data as soon as possible, but certainly within 30 days.
You can opt out of receiving certain direct communications from Hardwicke. If you wish to stop receiving emails from us, you can do so by following the instructions included in every email sent to you via the “Unsubscribe” tab. We respect your choice, and we will stop sending you promotional emails once you unsubscribe. It may take up to one week to process your request. You can also make your choice by contacting us at DPM@hardwicke.co.uk.
If there are any changes in your details that we need to reflect, you need to check the accuracy of the details that we hold about you, or if you have any other questions about this Privacy Notice, email DPM@hardwicke.co.uk.
Should you feel that you need to complain about how we are handling your personal data, email DPM@hardwicke.co.uk. or use the ‘Contact Us’ form on our website.
Your ultimate point of contact for all data protection matters in the UK is the Information Commissioner’s Office. See the Contact us page on the ICO website.
- Cookies/Software Agents
“Cookies” are unique identifiers, which may be sent and recorded on your computer. These cookies enable us to collect information about how our websites and services are being used and to manage them more efficiently. The cookie will track general usage patterns and technical information about your computer type and will not be used to identify you individually. Cookies will be used to collect information on you to facilitate your website experience.
Cookies are not used to collect your personal information. Cookies are also used as a site security method to stop abuse of our subscriber service.
- Contacting you via e-mail alerts, notices and newsletters
Hardwicke only sends marketing information to those that it believes it has a legitimate business interest to do so. Hardwicke never sends marketing information to lay clients. Hardwicke offers the opportunity for you to receive an e-mail newsletter or other notifications in relation to products being advertised on the Hardwicke website or new services being offered. You can at any time choose to stop receiving e-mail alerts or newsletters by following the instructions on the alert, notification or e-newsletter or by e-mailing DPM@hardwicke.co.uk.
If you do receive unwanted email from us all our correspondence offers clear instructions on how to opt out. If you supply us with your postal address or telephone number you may receive periodic mailings or calls from us with information on new products and services or upcoming events. If you do not wish to receive such updates, please let us know by or e-mailing us at DPM@hardwicke.co.uk.
- Interception of Mail
Hardwicke may intercept email addressed to individuals within Hardwicke. The reasons we do this are related to security of Hardwicke, its staff and others, for detection and prevention of crime and to identify correct recipients or to make sure mail is dealt with during staff absence. Hardwicke may reject, delay or remove content from emails which have a nature, content or attachments which may disrupt Hardwicke’s systems or because they may pose security issues such as viruses.
Hardwicke may also filter out emails which contain certain content on the basis that content is offensive or the email is unwanted or spam. In certain circumstances this may unfortunately result in “innocent” emails being affected, but Hardwicke does try to reduce such occurrences.
Hardwicke has developed strict policies governing information technology. These cover areas such as access control, authentication, audit, monitoring, alarms, data storage and back up and transmission standards and environment integrity. Hardwicke will use reasonable endeavours to install and have appropriate security measures in place in Hardwicke’s facilities to protect against the loss, misuse or alteration of information that Hardwicke has collected from you at Harwicke’s site.
We use the various industry standard encryption systems to ensure your credit card details are sent in a secure format. We make use of the following software for our encryption:
- Apple computers: Filevault (built into the operating system).
- Windows 10 computers: BitLocker (built into the operating system).
- Windows 7 computers: Veracrypt
- iOS (iPhones, iPads etc.): Enabling a passcode encrypts the device.
- Android: Built in encryption (enabled separately to a password).
As an additional security precaution we do not store any credit card details on our website.
- What if this privacy notice changes?
If changes to the Hardwicke Data Protection Policy (and hence this Privacy Notice) include any significantly different use of your personal data, we will let you know and give you the option to agree to the new use.
If you have any questions about Hardwicke privacy/data protection policy or the use of data in a particular service, you should write to the DPM at DPM@hardwicke.co.uk. The law allows you to write and ask to see and correct the information held about you, although this may require payment of a reasonable fee.