CloudLegal Limited with a website trading as www.CloudLegalsupport.com (the ‘Site’), a company incorporated and registered in England and Wales under company number 07678175 with a registered office at The WorkBox, Unit 1, Wharf Road, Penzance, Cornwall, United Kingdom TR18 4FG, hereinafter referred to as ‘CloudLegal’ or ‘We’ or ‘Us’ or ‘Our’ or ‘CloudLegal’ have created this privacy statement (‘Statement’) in order to demonstrate our firm commitment to the privacy of the details that You provide to us when using www.CloudLegalsupport.com (the ‘Site’) to access the CloudLegal Services.
We are committed to protecting and respecting Your privacy and Your Personal Data. For the purpose of the Data Protection Act 2018 and the GDPR, CloudLegal Limited is the Data Controller (ICO registration number: ZA214068).
For all matters relating to privacy and data protection, please contact Yvonne Morris by email to yvonne@cloudlegalsupport.com by email or by telephone to 0800 6894168.
In this Statement, references to ‘You’ and ‘Your’ and ‘CloudLegal Member’ or ‘MLS Member’ or ‘CloudLegal Visitor’ are references to the person who visits or uses or registers on the Site as applicable. When You use the Site to access the CloudLegal Services, You are consenting to the practices set forth in this Statement.
We aim to be as clear as possible in this Statement in respect of Your Personal Data. This Statement applies to Your Personal Data that We collect about You when You use the CloudLegal Site, how and when it is used, how We protect it and who has access to it (the ‘Terms’).
This Statement incorporates Our the CloudLegal Cookie Policy, the CloudLegal Information Disclaimer, the CloudLegal Service Terms, the CloudLegal Affiliate Policy and any Additional Terms by this reference (together the ‘CloudLegal Licence’). Unless otherwise stated, any defined terms in here shall have the meaning set out in the CloudLegal Service Terms.
This Statement governs Your use of the CloudLegal Services, including any dispute concerning privacy. By using the CloudLegal Services, You accept this Statement in full. You should read the Statement carefully and ensure that You understand its effect before proceeding to use the CloudLegal Site to access the CloudLegal Services. We reserve the right to make reasonable changes to any of the Terms herein at any time. Any changes We do may make will be posted on this page and, where appropriate, notified to You by email, or, when You next log in, the new Terms may be displayed on-screen and You may be required to read and accept them to continue.
Personal Data and Special Category Personal Data are defined in accordance with the Data Protection Legislation. In this Privacy Statement, Personal Data shall include the meaning of Special Category Personal Data.
A. PERSONAL DATA SUBMITTED VOLUNTARILY BY YOU TO US:
2.1 In order for Us to provide You with the CloudLegal Services, We collect various types of Personal Data. We are committed to ensuring that the information We collect and use is appropriate, relevant and proportionate for the stated purpose. Some types of Personal Data may be voluntarily provided by You which is to be shared with Us (and CloudLegal Service Providers as applicable) in respect of yourself (or in respect of one or more other individuals where lawful authority is granted to You by those other individuals) which shall include as follows:
| What Personal Data is processed? | Source: Where is it collected from/ via? | (1) What is the ‘purpose’ of processing? & (2) What is the lawful basis (Article 6 of the GDPR) for processing? |
Retention: For how long is it held? |
|---|---|---|---|
| Customer details (Name (forename and surname), business name, phone number, email, password, message) | You | This Personal Data is processed:
– to create the Account which allows You as a CloudLegal Member to log in to the Site and access the Services (Site registration); and, Legal Basis for processing is contractual under Article 6(1)(b) GDPR – to enable You to submit a query/ message to Us via the ‘contact us’ page and for Us to respond to that direct to You using the contact details You have provided to Us Legal Basis for processing is consent under Article 6(1)(a) GDPR |
6 months after Account closure |
| Order details (product or service, price and any personal customisation relating to that product or service). | (as above) | Recording of purchases of products or services via the Site. It is processed as part of the checkout process when a You purchase from Us.
Legal Basis for processing is contractual under Article 6(1)(b) GDPR |
The remainder of the accounting year for the transaction plus 6 years |
| Your Business Documents uploaded to the Site via the Document CheckUp service which may incorporate Personal Data | (as above) | You provide Us with Your business documents which You want Us to check as part of the Document CheckUp service We provide.
Legal Basis for processing is contractual under Article 6(1)(b) GDPR |
6 months after Account closure |
| Details of Your work requests submitted via the request-a-quote function on the Site which may incorporate Personal Data | (as above) | You provide Us with Your business information and maybe some attachments in order to seek a quote from Us to complete certain work by way of legal support as part of the request-a-quote service We provide.
Legal Basis for processing is contractual under Article 6(1)(b) GDPR |
(as above) |
| Details of Your GDPR audit request submitted via the GDPR Questionnaire service on the Site which may incorporate Personal Data | (as above) | You provide Us with Your business information in order to seek a quote from Us for an onsite GDPR Audit.
Legal Basis for processing is contractual under Article 6(1)(b) GDPR |
(as above) |
2.2 Some of the information collected in the table above is essential for Us to provide You with the CloudLegal Services but it is Your choice whether You provide all the information We request. Not providing information may affect Our ability to provide all the CloudLegal Services to You.
2.3 We will retain your Personal Data only for as long as is necessary to provide the CloudLegal Services which You request and in accordance with the retention periods set out in column 4 of the table at CloudLegal 2.1. We shall then delete it unless you ask Us not to, or We have a legitimate reason to retain it. We need to retain sufficient information about You in compliance with legal or statutory requirements, for example, in the event of a legal or insurance Claim in the future so that We can identify You.
2.4 We may from time to time offer a range of additional services. We may need to collect additional information about You as part of this. This may include but us not limited to promotions, prize draws, competitions and surveys. Additional notices about the information that We collect and how We will use it will be provided to You at the point that You are invited to avail of these additional services.
2.5 Where We state that We rely on consent under Article 6(1)(a) to process Your Personal Data for a particular purpose as per column 3 of the table at CloudLegal 2.1, You have the right to withdraw Your consent at any time. This will not affect the lawfulness of processing carried out by Us which was based on consent before its withdrawal.
B. PERSONAL DATA AUTOMATICALLY COLLECTED BY US:
2.6 As part of the process of using the CloudLegal Services, We may also collect the following types of Personal Data automatically about You via Your use of cookies and other technologies:
- Your visits to the CloudLegal Site and the CloudLegal Content that You download;
- Your IP address;
- Your geographical location;
- Your browser type and version;
- Your operating system;
- Your referral source;
- Your length of visit;
- Your page views and Site navigation and exit;
To learn more, please see Our CloudLegal Cookie Policy.
2.7 CloudLegal agrees and warrants that it will adhere to all Data Protection Legislation and will take appropriate technical and organisational security measures against the unauthorised or unlawful processing of Your Personal Data and against accidental loss or destruction of, or damage to Your Personal Data.
2.8 CloudLegal shall process Personal Data list in the table at CloudLegal 2.1 only to the extent, and in such a manner, as is necessary for the sole purpose of fulfilling the CloudLegal Services (including making improvements to the CloudLegal Services). For the avoidance of doubt, CloudLegal is the exclusive owner (or lawful licensee) of the CloudLegal Site as well as the CloudLegal Content.
C. FINANCIAL PERSONAL DATA
2.9 Each monetary transaction made via CloudLegal Site shall be processed by a third-party payment processing partner who is a CloudLegal Service Provider – PayPal. You will be required to provide PayPal with Your Personal Data including financial data in order to use the payment processing services.
2.10 To make and complete a financial purchase or to receive a payment via the CloudLegal Site, the policies of Paypal shall apply.
2.11 You are subject to the PayPal terms and conditions.
3.1 CloudLegal will process i.e. collect, store and use the Personal Data You provide in a manner that is compatible with the Data Protection Legislation.
3.2 We will endeavor to keep Your Personal Data accurate and up-to-date and not keep it for longer than is necessary. Our aim is not to be intrusive and We undertake not to ask irrelevant or unnecessary questions. Moreover, the information You provide will be subject to rigorous measures and procedures to minimise the risk of unauthorised access or disclosure.
3.3 NON-MARKETING COMMUNICATIONS: You acknowledge that, Your Personal Data may be used by CloudLegal to contact You when necessary in connection with Your use of the CloudLegal Site to access the CloudLegal Services as follows:
| What Type of Non-Marketing Communication? | Method of presentation/ sending? | Legal Basis for processing? |
|---|---|---|
| We use the information We hold about You and Your business to give You the best legal support We can. We also use Your information to communicate with You about Your quotes (or any other work matters), to bill you and to keep track of payments that you make. | Telephone, email, SMS | We do not need Your explicit consent for this as the “processing is necessary for the performance of a contract” under Article 6(1)(b) GDPR. |
3.4 MARKETING COMMUNICATIONS: From time to time and with Your permission, CloudLegal may contact You and send you Marketing Communications that We believe may be of interest to You which shall be of the type (and via the method(s)) referred to in the table. By looking at Your participation profile as well as any additional information which You have agreed can be shared with Us, We can identify news, offers and services that are most likely to be most relevant and will meet Your needs. When We send You a Marketing Communication, We may monitor whether You have opened the communication and clicked on any included links. This will enable Us to track and analyse Your level of engagement/ interest in the communication We are sending to You and will provide Us with further insight on what type of communications are of most interest to You. These Marketing Communications may come from Our Partner Organisations:
| What Type of Marketing Communication? | Method of presentation/ sending? | Legal Basis for processing? | How can you opt out of continuing to receive direct marketing communications? |
|---|---|---|---|
| newsletter or information or offers regarding upcoming promotions, services or surveys | We will only send You these where You have provided Us with specific consent for this specific purpose (which may be by you taking the affirmative action of submitting your email to us via the sign-up on the site) as permitted under Article 6(1)(a) GDPR OR where You have purchased from Us and have not opted out of, or objected to, receiving Marketing Communications under Article 6(1)(f) GDPR. |
MailChimp offers an option to opt out of all email marketing communications sent to You. |
3.5 If You agree to receiving any of the above Marketing Communications but later change Your mind, You can use the ‘unsubscribe’ link at the end of any Electronic Mail communication received by You.
3.6 LEGITIMATE INTERESTS TO PROCESS YOUR PERSONAL DATA: We process Personal Data about You where We have a legitimate interest to do so. In some cases, this may require Us to collect additional information from You or from other sources. Where We do rely on legitimate interests under Article 6(1)(f) GDPR to process Your Personal Data, You have the right to object to any of the processing We undertake. If You wish to object please complete CloudLegal Objections Form. Please bear in mind that if You object, this may affect our ability to provide to You the benefits of the CloudLegal Services.
3.7 PROFILING: We may from time to time use publicly available demographic information to determine who We target for specific events or marketing campaigns so as to avoid contacting individuals unnecessarily.
4.1 To minimise the risk of unauthorised access to Your Personal Data, We use some of Your Personal Data to authenticate Your identity when You use the CloudLegal Site to access the CloudLegal Services.
4.2 We have a legitimate interest in sharing Your Personal Data with Our CloudLegal Service Providers who We engage to provide some of Our business and daily operational functions on Our behalf to ensure the CloudLegal Services. Consequently, We need to disclose Your Personal Data to them for the sole purpose of fulfilling the CloudLegal Services only (including making improvements to the CloudLegal Services) and not for the purposes of those CloudLegal Service Providers sending Marketing Communications to You. We limit the Personal Data that We share to the minimum required to provide the service and the CloudLegal Service Provider will only be able to use Personal Data for the specific purposes for which it was shared. We do not need Your express consent for this as We rely on legitimate interests under Article 6(1)(f) GDPR in addition to the fact that the “processing is necessary for the performance of a contract” under Article 6(1)(b) GDPR.
4.3 Disclosure of Your Personal Data in Compliance with Laws or by way of a Legal/Statutory Obligation
You should be aware that We may release Your Personal Data when We believe it is necessary to comply with laws or regulations, to assist law enforcement, to enforce the terms under which You transact or communicate with CloudLegal, or to protect the rights, property or safety of CloudLegal, a CloudLegal Member or other third parties. We may need to process Personal Data about You to comply with a legal or statutory obligation including but not limited to:
(a) accounting, auditing, compliance and administration practices; and,
(b) the maintenance of amendments to consents and to create suppression lists to ensure CloudLegal Members who object to processing are excluded from the relevant processing activity in the future.
4.4 Transfer of Your Personal Data
From time to time, We may transfer Your Personal Data to a related company, agent or contractor (also known as CloudLegal Service Providers) in order to improve Our CloudLegal Services or to assist our security, credit risk or fraud protection activities and as permitted by Data Protection Legislation from time to time.
Hosting: Your Personal Data will only be stored by Our third party hosting party (Krystal) within the United Kingdom. You are deemed to consent to this by using the CloudLegal Services. Should We need to transfer Your Personal Data outside of the UK or EEA in the future, it will be in compliance with the GDPR requirements for external transfer and all details will be added to Our Privacy Statement.
Direct Marketing: We use MailChimp, a US-hosted third party provider, to send out our Marketing Communications who are certified as adhering to the EU-US Privacy Shield. For more information, please see MailChimp’s privacy notice.
4.5 Transfer of Personal Data in the Event of the Sale of CloudLegal Limited or its Assets
In the event that CloudLegal is sold or transfers some of its assets to another party, Your Personal Data could be one of the transferred assets. If Your Personal Data is transferred, its use will remain subject to this Privacy Statement. Your Personal Data will be passed on to a successor in the event of a liquidation or administration.
4.6 Other Websites and their Privacy Policies and Cookie Policies
The CloudLegal Site may contain links to other websites or applications. CloudLegal is not responsible for the privacy practices or the content of such websites or applications or for the privacy policies, cookie policies and practices of other third parties, so You should be careful to read and understand those policies independently.
5.1 We aim to ensure Our CloudLegal Services are fully inclusive and accessible to everyone. To make this possible We need to collect (and may provide to prospective CloudLegal Service Providers) information on Your usage of the CloudLegal Services which will help us review the accessibility of, and Your usage of, the CloudLegal Services. This information is very important to Us as it also enhances Our understanding of the CloudLegal Member needs and helps Us to aid the technical administration of CloudLegal Site, to better understand how the CloudLegal Site is functioning and to draw conclusions upon demographic information. Such information is provided in anonymised and aggregate form and do not include any individually identifiable data.
5.2 RETENTION: How long We keep Your Personal Data collected through the CloudLegal Site depends on the context in which You provide it and the purpose for which We use it. We will only retain it for as long as is necessary for such purposes. CloudLegal uses it discretion to decide retention periods in consultation with the advice provided by any organisation by which We are a member of or regulated or governed by as referred to at the top of this Privacy Statement. Our retention periods are set out in the table at CloudLegal 2.1.
5.3 TELEPHONE CALLS: If You call any of the service telephone numbers We provide, We may record Your call. These recordings are used for training and quality control to ensure that We continuously monitor and improve Our service standards. Our legal basis for processing Personal Data in this way is supported by Article 6(1)(b) GDPR or where contract does not apply, We rely on Our legitimate interests under Article 6(1)(f) GDPR
For information about cookies and how they are used on the CloudLegal Site, please visit Our CloudLegal Cookie Policy.
If You have a complaint about the way in which CloudLegal has processed Your Personal Data or a general request for information about Our Privacy Statement or a Data Subject Access Request, please contact the person named in the introduction.
CloudLegal tries to meet the highest standards when collecting and using Personal Data. For this reason, We take any complaints We receive about this very seriously. We encourage You to bring it to Our attention. We are happy to provide any additional information or explanation needed in respect of Our processing activities upon request. If You are still not happy with the way in which Your Personal Data is being processed by Us, please contact the UK’s supervisory authority to whom You can lodge a complaint – www.ico.org.uk.
| What is your right under the GDPR? | How do we honour your right? | ||||||||
|---|---|---|---|---|---|---|---|---|---|
| The right to be informed | We must provide ‘fair processing information’, typically through a privacy statement such as this describing how and why We collect and use Your Personal Data.
Read more guidance from the ICO on what information we should supply to You and when You should be informed (which shall differ depending on whether or not We obtained the Personal Data directly from You or a third party). |
||||||||
| The right of access | We try to be as open and transparent as We can be in terms of giving You access to the information that We hold on You. You are entitled to be able to check the lawfulness of any processing of Your Personal Data. You can log in to Your Account at any time to view the Personal Data that We hold about You on Your Account. You can find out if We hold (and process) any other Personal Data by making a ‘Data Subject Access Request’ (DSAR). To make a DSAR to access Your Personal Data that We may hold, You need to put the request in writing addressing it to the postal address provided. We will action Your request without delay and at the latest within one (1) month of Your request subject to any extensions granted. Alternatively, if You agree, We will try to deal with Your request informally, for example, by providing You with the specific information You need over the telephone.
If You wish, You can make Your request using the CloudLegal DSAR Form. If We do hold information about You, We will:
Read more guidance from the ICO. |
||||||||
| The right of rectification | You are entitled to have Your Personal Data rectified if it is inaccurate or incomplete. If We have disclosed this to third parties, We will inform You. We have one month initially to rectify it subject to a possible extension.
Where We decide not to rectify, We shall provide an explanation as to why We are not making changes and inform You of Your further rights. Read more guidance from the ICO. |
||||||||
| The right of erasure | ou have a legal and personal “right of erasure”, the extension of which is also known as the “right to be forgotten”. Upon Your request, We will close Your Account and remove Your Personal Data as soon as reasonably possible from all of Our records unless a lawful reason exists for Us to retain some or all of it.
Read more guidance from the ICO. |
||||||||
| The right to restrict processing | You have a right to ‘block’ or ‘suppress’ the processing of Your Personal Data under certain circumstances but We are still entitled to store just enough of Your Personal Data to ensure that the restriction is respected in future.
Read more guidance from the ICO. |
||||||||
| The right to object |
|
||||||||
| The right to data portability | You are entitled to obtain (in a commonly used and machine readable form) and reuse Your Personal Data that You have provided to Us (via consent or contract performance) and which We process by automated means for Your own purposes across different services and free of charge. We must respond to a request without undue delay, and within one month whether or not We decide to action Your request. Where We decide not to, We shall inform You of Your further rights.
Read more guidance from the ICO. |
||||||||
| Rights related to automated decision making and profiling | Subject to any exceptions, We should not take a potentially damaging decision concerning You as a result of using automated processing operations without human intervention. We must ensure that You have the opportunity to:
Read more guidance from the ICO.
|
Article 6(1)(a) GDPR: You have given Your consent to the processing of Your Personal Data for the specific purpose(s).
Article 6(1)(b) GDPR: the “processing is necessary for the performance of a contract”.
Article 6(1)(c) GDPR: processing is necessary for compliance with a legal obligation to which We as a Data Controller are subject.
Article 6(1)(d) GDPR: processing is necessary in order to protect the vital of You or another natural person.
Article 6(1)(e) GDPR: processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in Us as a Data Controller.
Article 6(1)(f) GDPR: processing is necessary for the purposes of the legitimate interests pursued by Us as a Data Controller or by a third party and such interests are not overridden by Your interests or fundamental rights and freedoms of the data subject which require protection of Personal Data.
Data Protection Legislation: refers to the Data Protection Act 2018 together with the GDPR and any other applicable regulations, orders, code of practice and guidance.
Data Subject Access Request or ‘DSAR’: refers to right of access as further described in the table at CloudLegal 7.
Electronic Mail: includes email, text, video, voicemail, picture and answerphone messages (including push notifications).
Intellectual Property Rights: patents, rights to inventions, copyright and neighbouring and related rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to Claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Marketing Communication(s): refers to any communication whether by an Electronic Mail method or otherwise that We send to You (either directly or via a CloudLegal Service Provider) which may include but are not necessarily limited to relevant newsletters and magazines, information about opportunities, products, services and events and relevant information.
Non-Marketing Communication(s): refers to any communication which is functional/ administrative only and are not Marketing Communications.
Partner Organisation: refers to a third party (as distinct from CloudLegal Service Providers) with whom We may share Your Personal Data from time to time subject to Your consent who may then contact You directly with Marketing Communications or Non-Marketing Communications subject to Your permission. You can find a list of Our Partner Organisations here.
Personal Data: has the meaning set out in the Data Protection Act 1998/ GDPR.
CloudLegal Content: the content including all Intellectual Property Rights therein residing on the CloudLegal Site (which may or may not include Personal Data).
CloudLegal Services: refers to the CloudLegal Services We may provide to You.
CloudLegal Service Providers: refers to the external third party data processors (as distinct from Partner Organisations) with whom We work with from time to time as a necessary part of providing the CloudLegal Services and with whom We therefore need to share Your Personal Data with from time to time which shall include professional and legal advisors in addition to PayPal and Mailchimp.
Special Category Data: is defined under Article 9 of the GDPR as personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation.
We keep Our Statement under regular review. This Statement was last updated on January 2018.