Cookies & Privacy Policy

7. Who do we share your personal data with?

• We may (depending on the nature of the services we are providing, and the work involved) have to share personal data with other third parties and they may also share the personal data they hold about you with us. This may include:
• Solicitors, accountants, legal counsel, and other professionals when providing our services;
• Courts, tribunals, arbitrators and/or mediators where we are asked to provide our expert witness and/or e-disclosure services;
• If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, to protect the rights, property, or safety of CYFOR, our clients, or others;
• Our IT and telecommunications system providers acting as data processors as a consequence of them providing support to us;
• Our software providers to include Relativity;
• Analytics and search engine providers that assist us in the improvement and optimisation of our website(s);
• Our third-party service providers to include external consultants, contractors, couriers and suppliers;
• If in our reasonable opinion disclosure is required in relation to any criminal investigation or prosecution;
• Disclosures to law enforcement agencies, tax authorities, the National Crime Agency or other public or government authorities or regulators where in our reasonable opinion the disclosure is required or permitted by law or applicable regulation; and/or
• In the event that CYFOR sell or buy any business or assets, with the prospective seller or buyer of such business or assets. If a change happens to the ownership of our business, then the new owners may use your data in the same way as set out in this Privacy Notice.
• We require all third parties with whom your data is shared to respect the security and integrity of your personal data and to treat it in accordance with the law. We also impose contractual obligations on service providers to ensure they can only use your personal information to provide services to us and to you.
• 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.
• We will not share your information with third parties for marketing purposes (unless you expressly consent to this).

8. Information we collect about you from others

• Information about you may be passed to us by third parties and/or obtained from publicly available sources in the course of providing our services and/or complying with our legal obligations. Typically, these sources may include:
• Professional advisors (such as accountants, legal counsel); and
• Public sources where this relates to you or your organisation (for example, internet searches, your organisation’s website and public social media accounts).

9. International transfers

• We will hold your personal data on secure servers within the European Economic Area (“EEA“). CYFOR does not routinely transfer personal data outside of the EEA.
• Some of the external parties in relation to a case may be based outside the EEA so their processing of personal data may involve a transfer of data outside the EEA.

• Whenever we transfer your personal data out of the EEA, we will seek to ensure a similar degree of protection is afforded to it by ensuring that appropriate safeguards are implemented. In some circumstances (particularly where data is to be transferred outside of the EU where data protection laws are not as strict), we may need your express consent to the transfer unless there is an overriding legal requirement to transfer the information.

10. Information collected from you about others

• In the course of providing our services to you, we may need you to provide us with personal data about others (such as directors and employees in your organisation and/or persons to which your case relates).
• When you provide personal information to us relating to others, you must ensure that you are legally permitted to share this with us and all data disclosed should be complete, accurate and up to date. You should ensure that those individuals understand how their data may be shared and used by us.

DATA SECURITY

11. What measures do we have in place to keep your data secure?

• 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 members of staff 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 will hold your personal data on secure servers with all reasonable technological and operational measures to safeguard unauthorised access to include firewalls, gateways, security configuration and malware protection.
• We have gained several accreditations for managing information security effectively (particularly against cyber-attacks) to include IASME Governance, Cyber Essentials Plus, ISO 27001 and ISO 9001 (frameworks for best practice in information security management).
• If we provide you with a username and password which enables you to access certain parts of our systems (e.g. our eDiscovery platform), you are responsible for keeping such log-in details confidential. You must not share such information with anyone.
• 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

12. How long will we use your 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 and/or reporting requirements;
• To investigate and defend any complaints and/or legal claims alleged and/or made against us (such as professional negligence claims);
• To carry out our services under our contract with you; and
• To comply with our legal and/or reporting obligations.
• In some circumstances you can ask us to delete your data. See your rights below for further information.
• If we are hosting and/or holding data on your behalf, we will contact you and obtain your instructions before destroying any such data.

YOUR DATA PROTECTION RIGHTS

13. What are your rights in connection with the data that we hold?

• Under certain circumstances, you have rights under data protection laws in relation to your personal data. You have the right to request:
• Access to your personal data (commonly known as a “data subject access request”). This enables you to receive details of the personal data we hold about you and to check that we are lawfully processing it;
• Correction of the personal data that we hold about you. This enables you to have any incomplete, inaccurate or out-of-date data we hold about you corrected and/or updated, though we may need to verify the accuracy of the new data that you provide to us;
• 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 (as explained above in relation to data retention) 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 that 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;
• 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:

1.  If you want us to establish the data’s accuracy;
2. Where our use of the data is unlawful, but you do not want us to erase it;
3. 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
4.  You have objected to our use of your data, but we need to verify whether we have overriding legitimate grounds to use it; and

• 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 retainer with you.

14. How can you exercise your rights?

• If you wish to exercise any of the rights set out above, please contact our DPO https://cyfor.co.uk/contact-us.
• 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 those circumstances.
• 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 your rights). This is a security measure to ensure that personal data is not disclosed to any person who may not have a 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.
• 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.

Please note that if you:

1. Want us to restrict or stop processing your data;
2. Fail to provide data that we have reasonably requested from you; or
3. Withdraw consent at any time where we are relying on consent to process your personal data, this may impact on our ability to provide our services to you and/or contract with you. Depending on the extent of your request and/or the importance of any information we request from you that you do not provide, we may be unable to continue providing our services to you. We will notify you if this is the case at the time. This will not affect the lawfulness of any processing carried out before your withdrawal of consent. In these situations you would remain liable for the cost of our services up until the date of your request and/or refusal to provide information.

15. Are there any restrictions on exercising your rights?

• You should be aware that when providing our services to law enforcement agencies, regulatory authorities and/or legal representatives in the context of litigation and/or potential litigation (both civil and criminal), there may be restrictions on the rights of data subjects (where appropriate and necessary) as follows:
• Where such data is subject to legal privilege;
• To avoid obstructing an investigation or enquiry;
• To avoid prejudicing the prevention, detection, investigation or prosecution of criminal offences or the execution of criminal penalties;
• To protect public security;
• To protect national security; and/or
• To protect the rights and freedoms of others.
• In addition, it may be that we are not the data controller of your personal data (particularly in relation to Case Data, Sensitive Data and/or Criminal Data) and so requests to exercise your rights should be made to the relevant data controller.
• In the event that any of the above restrictions apply to your rights, we will confirm this to you (to the extent that we are able to without breaching our legal obligations).