Data Protection Notice

Introduction

Welcome to the FP Logue’s data protection notice.

FP Logue  LLP respects your dáta protection rights and is committed to protecting your personal data. This notice will inform you as to how we look after your personal data when visit us or use our website and tell you about your rights and how the law protects you.

This notice is provided in a layered format so you can click through to the specific areas set out below. Please also use the Glossary to understand the meaning of some of the terms used in this privacy notice.

Who we are

Purpose of this notice

This notice aims to give you information on how FP Logue collects and processes your personal data, including any data you may provide through our website when you sign up to our newsletter, purchase a product or service or take part in a competition.

This website and our services are not intended for children and we do not knowingly collect data relating to children.

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

Controller

FP Logue LLP is the controller and responsible for your personal data (collectively referred to as “we”, “us” or “our” in this notice).

If you have any questions about this notice, including any requests to exercise your legal rights, please contact us using the details set out below.

Contact details

Our full details are:

Full name of legal entity: FP Logue Solicitors

Email address: info@fplogue.com

Postal address: 8/10 Coke Lane, Smithfield, Dublin 7, Ireland

Telephone number: +353 (0)1 531 3510

You have the right to make a complaint at any time to the Data Protection Commissioner (DPC), the Irish supervisory authority for data protection issues (www.dataprotection.ie). We would, however, appreciate the chance to deal with your concerns before you approach the DPC so please contact us in the first instance.

Changes to the notice and your duty to inform us of changes

This version was last updated on 8 May 2021

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

Third-party links

Our websites 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. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

The data we collect about you

Personal data, or personal information, means any information about an identified or identifiable individual which is linked to that person by reason of the content, purpose or use of the information. It does not include data where the identity has been removed (anonymous data).

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

  • Identity Data includes first name, last name, title, email address, phone number, gender, marital status, number of children, work history, LinkedIn profile.
  • AML Data means information that we are required to keep for anti-money laundering purposes, this includes your photo ID and proof of address, details of company directorships as well as information we download from public company registers.
  • Matter Data includes information that we need to provide legal services, such as the nature of your business, your personal circumstances, information about your property, assets and debts, financial information, information about any disputes you are in, information about your family circumstances.
  • Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
  • Technical Data includes information about your usage of our website and services.
  • Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

In particular if you are another party or are involved in a legal matter we will collect Matter Data about you even if you are not our client, in that case we will gather this data from various sources including from our own clients, from publicly available registers such as the CRO, Property Registration Authority, judgment and bank registries, copies of business documents, details about criminal convictions and offences and so on.

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

It may be necessary to collect information about criminal offences and convictions if that is needed for us to provide legal services to our clients.

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we 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, we may have to cancel a product or service you have with us but we will notify you if this is the case at the

How is your personal data collected

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

  • Direct interactions. You may give us your Identity Data, and Transaction Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you enquire about or purchase our services.
  • Automated technologies or interactions. As you interact with our website and services, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. Please see our cookie policy for further details.
  • Third parties or publicly available sources. We may receive personal data about you from our clients and various third parties and public sources as set out below:
    • Companies Registration Office
    • Land Registry and Registry of Deeds
    • Bankruptcy and judgment searches
    • Information provided by our own clients
    • Information about you contained in case law and court papers
    • Information from business documents and contracts provided to us by our clients
    • From social media including LinkedIn, Twitter and Facebook
    • From traditional media such as newspapers, TV and radio
    • From public bodies if your personal data is released in an FOI request or similar request
    • Identity, Financial and Transaction Data from providers of technical, payment and delivery services.
How we use your personal data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

  • Where we need to perform the contract we are about to enter into or have entered into with you.
  • Where it is necessary for our legitimate interests (or those of a third party such as our clients) and your interests and fundamental rights do not override those interests. In general our clients have a very strong interest in receiving legal advice.
  • Where we need to comply with a legal or regulatory obligation.

Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. In some cases, we will rely on a soft opt-in to send electronic direct marketing messages when you have purchased services from us. You have the right to withdraw consent or to opt-out of marketing at any time by contacting us or by following the instructions for opt-out contained in our electronic marketing.

Purposes for which we will use your personal data

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

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are 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 including
basis of legitimate interest
To engage you as a client Identity

AML

Contract
Providing legal advice and legal representation Matter Data Contract

Legitimate interest in being able to provide our services, legitimate interest of our clients in receiving legal advice. In these cases this legitimate interest outweighs that of any relevant third party due to the special relationship between a solicitor and their client.

Regulation by the Law Society and Central Bank Identity
Matter Data
Legal obligation – solicitors are subject to a statutory regulatory regime which obliges them to provide information to the Law Society and Central Bank
Visiting our website Identity
Transaction
Contract
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) Identity
Technical
Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
To use data analytics to improve our website, products/services, marketing, customer relationships and experiences Technical Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)
Running events and seminars Identity
Marketing and Communications
It is in our legitimate interest to promote relevant events
Performance of a contract if you attend
Sales and Marketing Identity
Marketing and Communications
Technical
It is in our legitimate interest to sell and market our products.
You may consent to receive marketing from us.

Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising. We have established the following personal data control mechanisms:

Promotional offers from us

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

You will receive marketing communications from us if you have requested information from us or purchased goods or services from us and, in each case, you have not opted out of receiving that marketing.

Third-party marketing

We will get your express opt-in consent before we share your personal data with any outside company for marketing purposes.

Opting out

You can ask us or third parties to stop sending you marketing messages at any by contacting us at any time.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, product/service experience or other transactions.

Cookies

Our website uses statcounter for analytics and it sets cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. For detailed information on the cookies we use and the purposes for which we use them see statcounter’s description of the cookies that it uses. In most cases we cannot identify you individually from this information but there are rare circumstances where the information gathered from statcounter could identify you, for example if we know at exactly what time you visited our website we can then identify the IP address and other information such as your browser, make of your mobile phone, how long you spend, what pages you visited, what link you arrived from and so on.

Disclosures of your personal data

We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.

  • External Third Parties as set out in the Glossary including processors which provide IT services and telecommunications services.
  • Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.

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

International transfers

We may transfer your personal data outside the EEA where our cloud-based processors do so, however in these cases, the processors generally rely on transfers to countries where there is an adequacy finding, a compliance scheme such as Privacy Shield or standard contractual clauses.

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, altered or disclosed. In addition, we 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 our instructions and they are subject to a duty of confidentiality.

Our critical IT systems such as online file storage, email and case management use two factor authentication for access. Our office network has a modern managed firewall service and dedicated DNS. We have a managed anti-virus system on our computers. Our office also has a fob entry and is alarmed when we are not there. We currently do not have off-site storage.

We ensure that we shred any sensitive documents before disposal.

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.

Data retention

How long will you use my personal data for?

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

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

For client files we will follow the Law Society’s mandatory retention schedule which is available here.

Details of retention periods for other aspects of your personal data are available in our retention policy which you can request from us by contacting us.

Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please click on the links below to find out more about these rights:

  • Request access to your personal data.
  • Request correction of your personal data.
  • Request erasure of your personal data.
  • Object to processing of your personal data.
  • Request restriction of processing your personal data.
  • Request transfer of your personal data.
  • Right to withdraw consent.

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

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, 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.

What we may need from you

We may need to request specific information from you to help us 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. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

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 you have made a number of requests. In this case, we will notify you and keep you updated.

Glossary

LAWFUL BASIS

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

THIRD PARTIES

External Third Parties

  • Service providers acting as processors as follows
    • Microsoft (EU) for Office 365 – email and cloud file storage
    • Clio (Canada/Ireland) – case management
    • Klyant (Ireland) – cloud based accounts
    • ICT Pro (Ireland) – IT service provider
    • Ti.To (Ireland) – Event ticketing
    • Stripe (US) – Payments
  • Professional advisers including lawyers, bankers, auditors and insurers based in Ireland who provide consultancy, banking, legal, insurance and accounting services.
  • Revenue Commissioners, and the Law Society, regulators and other authorities based in Ireland who require reporting of processing activities in certain circumstances.

YOUR LEGAL RIGHTS

You have the right to:

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 we hold about you and to check that we are lawfully processing it.

Request correction of the personal data 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.

Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we 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 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. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we 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 us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) 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 (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are 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, 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.