Scott+Scott Website Privacy and Cookies Policy

INTRODUCTION

This Privacy and Cookies Policy is applicable to www.scott-scott.ca (the “Site”) owned or operated by Scott+Scott Attorneys at Law LLP together with Scott+Scott UK LLP and Scott+Scott Germany LLP (“Scott+Scott”, “we”, “our”, or “us”).

This policy sets out the basis on which any personal information we collect from you, or that you provide to us, through the Site will be processed by Scott+Scott. This policy also sets out the basis on which we process personal information relating to individuals which we obtain indirectly in connection with the lawsuits we bring on behalf of our clients. Please read this policy carefully to understand our views and practices regarding your personal information and how we will treat it.

Scott+Scott Attorneys at Law LLP, Scott+Scott UK LLP and Scott+Scott Germany LLP are joint controllers of the personal data we process in connection with this Privacy and Cookies Policy. If you would like further information regarding the joint controller arrangement in place between the parties, including the allocation of responsibilities between the parties for adherence to applicable data protection laws, please contact us using the details set out in the “Contacting Us” section below.

CONTACTING US
DATA PROTECTION PRINCIPLES
PERSONAL INFORMATION WE MAY COLLECT ABOUT YOU
DISCLOSURE OF YOUR INFORMATION
COOKIES
INTERNATIONAL TRANSFERS
SECURITY
HOW LONG WE KEEP YOUR PERSONAL INFORMATION
YOUR LEGAL RIGHTS
COMPLAINTS
CHANGES TO THIS POLICY
CT PUBLIC ACT 08-167 AND C.G.S. §42-471
NON-PUBLIC PERSONAL INFORMATION
CONFIDENTIALITY AND SECURITY

CONTACTING US

If you have any questions about this Privacy and Cookies Policy or your personal information, or to exercise any of your rights as described in this Privacy and Cookies Policy or under data protection laws, you can contact us as follows:

1 Chancery Lane
London,
WC2A 1LF
United Kingdom

t: +44 20 3911 5510
e: dpo@scott-scott.com

DATA PROTECTION PRINCIPLES

Scott+Scott adheres to the following principles when processing your personal information as data controller:

  • Lawfulness, fairness and transparency: data must be processed lawfully, fairly and in a transparent manner.
  • Purpose limitation: data must be collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes.
  • Data minimisation: data must be adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed.
  • Accuracy: data must be accurate and, where necessary, kept up to date.
  • Storage limitation: data must be kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal information are processed.
  • Integrity and confidentiality: data must be processed in a manner that ensures appropriate security of the personal information, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage by using appropriate technical or organisational measures.

PERSONAL INFORMATION WE MAY COLLECT ABOUT YOU

Scott+Scott may collect and process the following information about you:

Information you provide to us:

You may give us information about you by filling in forms on the Sites or by corresponding with us by phone, e-mail message (or attachment to any e-mail message), or otherwise. You may do this because you want to request additional information about us or ask us to contact you or you may be interested in receiving legal services from us. The categories of personal information you provide may include:

  • first and last name;
  • job title and company name
  • address;
  • phone number;
  • email address;
  • details about your query or instruction; and
  • any other identifier that permits Scott+Scott to make contact with you.

Information we collect about you:

  • With regard to each of your visits to the Sites, your web browser software may automatically provide to our web server technical information, such as the Internet protocol (IP) address, address of the website you linked from, the identity of your Internet Service Provider, and the type and version of the browser you are using.
  • In addition, we collect personal information about third parties which are the subject of or relevant to a case or transaction which we are involved in on behalf of our clients or which we are assessing for prospective clients. For example, we collect information about individuals who directly or indirectly represent the other party in respect of legal proceedings on which we are advising our client. Such personal information may include contact information (such as a name, email address, work address and home address), information about a person’s business role (such as a job title) and all other information which is relevant to the specific matter which we are working on for our clients or prospective clients (for example, the dispute or case).

Source of the information:

If we are processing personal information which you have not provided to us directly, we may have obtained such information from the following third parties:

  • our clients, prospective clients, litigation funders and other third parties involved in the lawsuits we assess or bring on behalf of our clients;
  • publicly accessible sources, such as company registries and social media platforms.

Uses made of the information:

Scott+Scott will only use your personal information if it has a legal basis for doing so. The purpose for which we use and process your information and the legal basis on which we carry out each type of processing is explained in the table below.

Purposes for which we will process the  information

Legal Basis for the processing

To provide you with the information and services  that you request from us.

It is our obligation to respond to your queries  and provide any information and materials requested in order to undertake  lawsuits. We consider this use to be proportionate and will not be  prejudicial or detrimental to you.

To provide you with information about other  services Scott+Scott offers that are similar or related to those that you  have enquired about.

It is in our legitimate interests to develop our  services and grow our business. We consider this use to be proportionate and  will not be prejudicial or detrimental to you.

To:

  • administer the Sites and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
  • improve the Sites in order to ensure that content is presented in the most effective manner for you and for your computer, mobile device or other item or hardware through which you access the Sites; and
  • keep the Sites safe and secure.

For all these categories,  it is in our legitimate interests to continually monitor and improve our  services and your experience of the website and to ensure network security.  We consider this use to be necessary for our legitimate interests and will  not be prejudicial or detrimental to you.

To carry out  investigations to assess the viability of claims prior to commencing formal  legal proceedings.

It is necessary in our and our clients’ legitimate interests to assess the viability of claims to ensure we only engage in legal proceedings where it is appropriate to do so.

Use of information about  third parties which are the subject of or relevant to a case or transaction  which we are involved in on behalf of our clients. We will use such personal  information in order to seek, and fulfil, our clients’ instructions.

To do this, it is necessary in order to pursue our legitimate interests in carrying out our clients’ instructions and acting in the best interests of our clients.

DISCLOSURE OF YOUR INFORMATION

As joint controllers, the personal information referred to in this policy is shared between the Scott+Scott group members referred to above. Please see the “International Transfers” section below for further details on this.

Scott+Scott may disclose your personal information:

  • to its professional advisers including auditors and insurers;
  • in the event that Scott+Scott sells or buys any business or assets, in which case Scott+Scott may disclose your personal information to the prospective seller or buyer of such business or assets;
  • if Scott+Scott is acquired by a third party, in which case personal information held by Scott+Scott about its clients and contacts will be one of the transferred assets;
  • to third parties involved in the legal proceedings we bring on behalf of our clients, such as the other side in such disputes, barristers, third party experts, courts and other judicial bodies and claims administrators; and
  • if Scott+Scott is under a duty to disclose or share your personal information in order to comply with any legal obligation.

Further information on third party recipients of your personal data can be requested from our Data Protection Officer at dpo@scott-scott.com.

COOKIES

A “cookie” is a small text file which is placed onto your device (e.g. computer, smartphone or other electronic device) when you use the Site. We use cookies on the Site to help us recognise you and your device and store some information about your preferences or past actions.

For example, we may monitor how many times you visit this Website, which pages you go to, traffic data, location data and the originating domain name of a user’s internet service provider. Some of this data will be aggregated or statistical, which means that we will not be able to identify you individually.

You can set your browser not to accept cookies and the website referred to below tells you how to remove cookies from your browser. However, some of the features on the Site may not function as a result.

The cookies we use:

The table below provides more information about the cookies we use and why:

The cookies we use

Name

What they do

Google Analytics

_ga

_gat

_gid

Used to identify unique users. Expires after 2  years.

Used to throttle the request rate. Expires after  1 minute.

Tracks users as they navigate the website and  help improve the website’s usability.

Scott & Scott

_privacy_embeds

This cookie registers that you have given consent  to the cookies on the Site. The cookie expires after 30 days during which  time you will not be asked to provide consent again.

Consent to use cookies:

There is a banner notice on the Site whichrefers to our use of cookies and requests your consent to place cookies on yourdevice. Our cookies are not loaded unless and until you confirm your consent.

 

How to turn off cookies:

If you do not want to accept cookies, youcan change your browser settings so that cookies are not accepted. If you dothis, please be aware that you may lose some of the functionality of the Site.You can withdraw consent for cookies at any time by changing your browsersettings, or by opening the cookie banner and withdrawing consent.

To find out more about cookies, includinghow to see which cookies have been set and how to manage and delete them, youcan visit the third party website: www.allaboutcookies.org.

 

INTERNATIONAL TRANSFERS

As joint controllers, your personalinformation may be shared between any of the Scott+Scott group members referredto above, including in the USA. As such, your personal information may betransferred to, and stored at, a destination outside Canada. Your informationmay also be transferred or accessed internationally in the context of alitigation matter which you are involved.

Where personal information is transferredto and stored in a country outside Canada, we take steps to provide appropriatesafeguards to protect your personal information, including entering intostandard contractual clauses approved by the European Commission. Scott+ScottUK LLP, Scott+Scott Attorneys at Law LLP and Scott+Scott Germany LLP areparties to a Data Transfer Agreement which incorporates the standardcontractual clauses.

 

SECURITY

We use appropriate technical andorganizational security measures to protect personal information both onlineand offline from unauthorized use, loss, alteration or destruction. We usephysical and procedural security measures to protect information from the pointof collection to the point of destruction. Where data processing is carried outon our behalf by a third party, we take steps to ensure that appropriatesecurity measures are in place to prevent unauthorized disclosure of personalinformation.

Despite these precautions, however, thetransmission of information via the internet is not completely secure. AlthoughScott+Scott will do its best to protect your personal information, we cannotguarantee the security of your information transmitted to the Sites and anytransmission is at your own risk. Once we have received your information, wewill use strict procedures and security features to try to prevent unauthorizedaccess.

 

HOW LONG WE KEEP YOUR PERSONAL INFORMATION

We will only retain your personalinformation for as long as necessary to fulfil the purposes for which wecollected it, including for the purposes of satisfying any legal, accounting orreporting requirements.

To determine the appropriate retentionperiod for personal information, we consider the amount, nature and sensitivityof the personal information, the potential risk of harm from unauthorized useor disclosure of your personal information, the purposes for which we processyour personal information and whether we can achieve those purposes throughother means and the applicable legal requirements.

 

YOUR LEGAL RIGHTS

Subject to certain limitations, you haverights under data protection laws in relation to your personal information.These rights include the rights to:

  • Request access to your personalinformation (commonly known as a “data subject access request”). This enablesyou to receive a copy of the personal information we hold about you and tocheck that we are lawfully processing it. Note that we may refuse to complywith a request for access if the request is manifestly unfounded, excessive orrepetitive in nature.
  • Request correction of yourpersonal information. This enables you to have any incomplete or inaccuratedata we hold about you corrected, though we may need to verify the accuracy ofthe new data you provide to us. Note that we may refuse to comply with arequest for correction if the request is manifestly unfounded, excessive orrepetitive in nature.
  • Request erasure of yourpersonal information. This enables you to ask us to delete or remove personalinformation where there is no good reason for us continuing to process it. Youalso have the right to ask us to delete or remove your personal informationwhere you have successfully exercised your right to object to processing (seebelow), where we may have processed your information unlawfully or where we arerequired to erase your personal information to comply with local law. Note that we may refuse a request for erasure, for example, where the processing isnecessary to comply with a legal obligation or necessary for the establishment,exercise or defense of legal claims.
  • Request restriction ofprocessing your personal information. This enables you to ask us to suspend theprocessing of your personal information in the following scenarios: (a) if youwant us to establish the data’s accuracy; (b) where our use of the data isunlawful, but you do not want us to erase it; (c) where you need us to hold thedata, even if we no longer require it, as you need it to establish, exercise ordefend legal claims; or (d) you have objected to our use of your data, but weneed to verify whether we have overriding legitimate grounds to use it. Notethat we may refuse to comply with a request for restriction if the request ismanifestly unfounded, excessive or repetitive in nature.
  • Request transfer of yourpersonal information. We will provide to you, or a third party you have chosen,your personal information in a structured, commonly used, machine-readableformat. Note that this right only applies where your personal information isprocessed by us with your consent or for the performance of a contract, andwhen processing is carried out by automated means.
  • Right to withdraw consent. Youcan withdraw your consent at any time where we are relying on consent toprocess your personal information. However, this will not affect the lawfulnessof any processing carried out before you withdraw your consent.
  • Right to object to directmarketing. You have the right to object where we are processing your personalinformation for direct marketing purposes. In some cases, we may demonstratethat we have compelling legitimate grounds to process your information thatoverride your rights and freedoms.

If you wish to exercise any of the rightsset out above, including withdrawing consent, please contact us and give usspecific details regarding which right you choose to exercise.

Save as described in this Privacy and Cookies Policy or provided under data protection laws, there is no charge forthe exercise of your legal rights. However, if your requests are manifestlyunfounded or excessive, in particular because of their repetitive character, wemay either: (a) charge a reasonable fee taking into account the administrativecosts of providing the information or taking the action requested; or (b)refuse to act on the request.

Where we have reasonable doubts concerningthe identity of the person making the request, we may request additionalinformation necessary to confirm your identity.

 

COMPLAINTS

If you have any questions or concernsregarding our Privacy Policy or practices, please contact us as provided in“Contacting Us” above. If you are located in the EEA, you also have the rightto complain to your local data protection authority. In the UK, this is theInformation Commissioner’s Office (https://ico.org.uk/). We would, however,appreciate the chance to deal with your concerns before you approach the ICO soplease contact us in the first instance. If you are in the EEA, you find yourlocal supervisory authority here.

 

CHANGES TO THIS POLICY

Scott+Scott reserves the right to changethis policy from time to time. Any changes will be posted on this page with anupdated revision date.

Updated and Effective as of 15 August 2024

PRIVACY PROTECTION POLICY TO COMPLY WITHCONNECTICUT PUBLIC ACT 08-167 AND C.G.S. §42-471.

Scott+Scott understands its clients’ andemployees’ concerns for privacy and the need to ensure the privacy of allpersonal information. Privacy is important to us and maintaining trust andconfidence is a high priority. Lawyers have been and continue to be bound byprofessional standards of confidentiality. The purpose of this notice is toexplain Scott+Scott’s Privacy and Cookies Policy with regard to personalinformation that we obtain and how the firm keeps that information secure.

 

NON-PUBLIC PERSONAL INFORMATION

Scott+Scott collects non-public personalinformation that is provided to it by its clients and employees or obtained byus with its clients’ or employees’ authorization or consent.

SCOTT+SCOTT DOES NOT DISCLOSE ANY PERSONAL INFORMATION ABOUT ITS CLIENTS, FORMER CLIENTS OR EMPLOYEES TO ANYONE, EXCEPT ASPERMITTED OR REQUIRED BY LAW AND ANY APPLICABLE STATE ETHICS RULES.

Scott+Scott does not disclose anynon-public personal information about current and former clients or employeesobtained in the course of representation of those clients or employment ofemployees, except as expressly or impliedly authorized by those clients oremployees to enable the firm to effectuate the purpose of its representation,as set out in this Privacy and Cookies Policy, or as required or permitted bylaw or applicable provisions of codes of professional responsibility or ethicalrules governing the firm’s conduct as an employer. One such impliedauthorization is to non-lawyer employees of the firm so that they may assistthe lawyers in representation. Scott+Scott’s policy specifically means that itprotects the confidentiality of its clients’ and employees’ Social Securitynumbers, prohibits unlawful disclosure of its clients’ and employees’ SocialSecurity numbers and limits access to its clients’ and employees’ SocialSecurity numbers in the same manner as it does all other non-public personalinformation. Scott+Scott safeguards the data, computer files, and documentscontaining personal information and destroys, erases, or makes unreadable suchdata, computer files, and documents prior to disposal.

Scott+Scott makes reasonable efforts torestrict access to non-public personal information about its clients andemployees to those employees who need to know that information in order toprovide products or services. Scott+Scott makes reasonable efforts to trainthose employees to protect the privacy of its clients and employees.Scott+Scott maintains physical, electronic, and procedural safeguards thatcomply with federal and state laws to guard non-public personal information.

CONFIDENTIALITY AND SECURITY

Scott+Scott retains records relating toprofessional services that it provides so that it is better able to assist withits clients’ professional needs and to comply with professional guidelines orrequirements of law. In order to guard non-public personal information,Scott+Scott maintains physical, electronic, and procedural safeguards thatcomply with the firm’s professional standards.