PRIVACY NOTICE FOR CLIENTS OF CLINTON HART & CO.

Introduction

We value your privacy and are committed to protecting your personal data. This privacy notice explains how we collect, use, and share information about you as our client. This notice may be updated from time to time in accordance with changing privacy and data protection laws.

Categories of Personal Data We Process:

“Personal data” refer to information that could identify you directly, or indirectly by certain characteristics combined with information we already hold about you. This may be given to us by you or third parties and includes:

Names: Full name, Client surname, First names, Company name
Addresses: Client address, Home address, Office address, Billing address
Contact Information: Email address, Phone number, Mobile number, Fax number
Dates: Date of birth, Dates of service, Filing date
Financial Information: Payments received, Total amount due, Bank account details for transfers, Credit card number, Payment method, Transaction amount
ID Numbers: Client matter number, National identification number, TRN
Online Identifiers: Email address, IP address
Other: Instructions for sending checks, Description of each service, Itemized list of services provided, Matter description

Purpose for Processing:

The purpose of us having this information for clients is:

To provide legal services and client representation
To manage billing and invoicing
To ensure legal and regulatory compliance
To communicate with you regarding your matter
For fraud prevention and detection

Legal Basis for Processing:

Processing and Recipients:

Recipients of Your Data:

There are some specific types of matters that may require that we obtain and hold additional data with regard to you or your matter. In addition to all those items and rights listed above, specifically with regard to litigants or potential litigants, we may also require the additional data below: Detailed information relevant to the case such as, employment information, health information, witness information, description of goods or services purchased. For the additional purpose of processing Court filings and appearances, mediation, arbitration and other forms or alternative dispute resolution, potential or actual litigation, disclosure, preparation or exchange of witness or expert evidence, obtaining records of education, employment, finances or health. In addition to those recipients above, your Data may be shared with the additional recipients listed below:

Courts
Justice of the Peace
Regulatory and governmental authorities
Banking institutions

In addition to all those items and rights listed above, specifically with regards to Vendors or Purchasers, we may also require additional data with regard to bank account details, purchase receipts, vendor or sale agreements.In addition to those recipients above, your Data may be shared with the additional recipients listed below:

Banking institutions
Regulatory and governmental authorities
Software providers

OTHERS WHO MAY RECEIVE OR HAVE ACCESS TO YOUR PERSONAL DATA

Our work for you may require us to provide information to third parties who will use your information for the purposes of providing services to us or directly to you on our behalf. Such third parties may include for example insurers or cloud server providers.
Our work for you may require us to provide information to third parties such as law firms, accountants, counsel, technical experts, expert witnesses, medical professionals and other professional advisers, who will use your information in connection with your case or matter. They may provide their own services directly to you.
Where we are engaged by a third party such as a bank or lender in connection with your contract with them, we may share information you provide to us with that third party about the progress of the case.
Any third party to whom we disclose information about you will be under an obligation to keep your information secure and not to use it for any purpose other than that for which it was disclosed unless you agree with them otherwise.

WHERE WE STORE YOUR PERSONAL DATA

All information you provide to us for our use is stored on our secure servers which are located within Jamaica or cloud server providers. The third parties listed under Others who may receive and have access to your personal data may be located outside of Jamaica or they may transfer your data outside of Jamaica. Those countries may not have the same standards of data protection and privacy laws as in Jamaica, which means additional safeguards must be put in place.

HOW LONG WILL WE KEEP YOUR PERSONAL DATA FOR:

If we collect your personal data, the length of time for which we retain it is determined by a number of factors including the type of data, the purpose for which we use that data and our regulatory and legal obligations attached to this use.
We maintain internally a full schedule of types of data and the specified period of time for which we will retain this.
The only exceptions to this are where:

The law requires us to hold your personal data for a longer period, or delete it sooner
In limited cases, the law permits us to keep your personal data indefinitely provided we have certain protections in place.

YOUR RIGHTS

You have a number of rights in relation to your personal data under data protections legislation. These are:

Accessing your personal data;
Rectifying inaccurate or incomplete data
Requesting the deletion of your data
Restricting processing of your data
Objecting to processing of your data
Data portability

Kindly note, however, that the provision of documents for identity purposes is necessary for us to comply with our legal and statutory obligations. Failure to provide these documents will mean that we are unable to undertake “Know Your Client” (“KYC”) identification as required by the Proceeds of Crime Act, Terrorism Prevention Act and other anti-money laundering rules and regulations, and, subsequently, may mean that we are unable to act for you or the organization instructing us (as applicable).

In relation to certain rights, we may ask you for information to confirm your identity and, where applicable, for clarification to enable us to find your personal data. Except in rare cases, we will respond to you within one calendar month from either (i) the date that we have received your clarification; or (ii) we have confirmed your identity; or (ii) where we do not need to do this because we already have this information, from the date we received your request.

ACCESSING YOUR PERSONAL DATA

You have the right to ask for a copy of the data that we hold about you by emailing or writing to us at the address at the end of this notice. We may not be able to provide you with a copy of your personal data if it concerns other individuals or we have another lawful reason to withhold that data.
We may charge you a reasonable fee based on administrative costs if you request a copy of data we have previously provided to you or if your request is manifestly unfounded or excessive.
In line with our environmental commitments, we will try to provide you with a copy of your data by electronic means where this is possible, unless you have specified otherwise in your request.

CORRECTING OR UPDATING YOUR PERSONAL DATA

The accuracy of your data is important to us, therefore if you change your name or address/email address, or you discover that any of the other data we hold is inaccurate or out of date, please let us know by contacting us using the details set out at the end of this notice.

WITHDRAWING YOUR CONSENT

Where we rely on your consent as the lawful basis for processing your personal data. You may withdraw your consent at any time by emailing or writing to us at the address at the end of this notice. (Please use “Withdrawal of Consent” as the subject heading of your email).
If you withdraw your consent, our use of your personal data up until the date you withdrew your consent is still lawful.

COMPLAINING ABOUT THE USE OF PERSONAL DATA

If you wish to complain about the way we use your personal data, you can e-mail us using the details set out at the end of this notice. If you are dissatisfied with our response to your complaint and remain concerned about the way we have processed your personal data, you have the right to complain to the Office of the Information Commissioner or seek to enforce your rights through a judicial remedy. Please visit the OIC’s website for further details.

Contact Information: For any questions or to exercise your rights, please contact our Data Protection Officer at Clinton Hart & Co. at info@clintonhart.com