Website terms of Use
BACKGROUND:
These Terms of Use, together with any and all other documents referred to herein, set out the terms of use under which you may use this website and platform, zeidlerlegalservices.com and all of its sub-domains (the “Website”). Please read these Terms of Use carefully and ensure that you understand them. You will be required to read and accept these Terms of Use when signing up for a User Account. If you do not agree to comply with and be bound by these Terms of Use, you must stop using the Website immediately.
1. Definitions and Interpretation
1.1In these Terms of Use, unless the context otherwise requires, the following expressions have the following meanings:
“Account”
an Entity Account or a User Account required for a User to access and/or use certain areas of the Website, as detailed in clause 6;
“Client”
a client of Zeidler;
“Content”
any and all documents, text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, the Website;
“Counterparty”
a counterparty in relation to one of our Clients, in relation to whom we are undertaking a due diligence activities;
“Data Protection Legislation”
all applicable data protection and privacy legislation in force from time to time in the UK and the EU, including without limitation the UK GDPR; the Data Protection Act 2018 (and regulations made thereunder); the General Data Protection Regulation 2016; the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended from time to time;
“Due Diligence Information”
any information uploaded to the Website by a Counterparty;
“Entity Account”
an account created for a Client or a Counterparty;
“User”
a user of the Website, being either a Client or a Counterparty, their employees and professional advisors;
“User Account”
an account used by a a user of Client or a user Counterparty;
“Website”
the website and platform at zeidlerlegalservices.com and all of its sub-domains; and
“Zeidler”, “We” or “Us”
any entity within the Zeidler Group, comprising entities offering regulated services (under Zeidler Legal Services), and unregulated services (under Zeidler Fund Services), as more fully described in the Legal Notice .
2. Information About Us
2.1The Website is owned and operated by Zeidler Legal Services (UK) Limited.
2.2 Further details in relation to Zeidler and its operations are available in the Legal Notice
3. Access to the Website
3.1The purpose of the Website is to provide a platform for use by Clients and Counterparties, where Users can upload information to be analysed by Zeidler and, to the extent applicable, other Users.
3.2It is your responsibility to make any and all arrangements necessary in order to access the Website.
3.3Access to the Website is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue the Website (or any part of it) at any time and without notice. We will not be liable to you in any way if the Website (or any part of it) is unavailable at any time and for any period.
4. Confidentiality of Due Diligence Information
4.1Zeidler acknowledges that a Counterparty has a commercial or other interest in the Due Diligence Information that it may upload to the Website.
4.2Zeidler will, subject to the provisions of clause 5, at all times maintain as secret and confidential and shall not disclose, use, exploit, or reproduce any part or the whole of the Due Diligence Information directly or indirectly for any purposes other than considering and evaluating it on behalf of the relevant Client without the express written consent of the Counterparty. Such unauthorised purposes may include, but are not limited to:
4.2.1disclosing, whether directly or indirectly, or otherwise making available any part of the Due Diligence Information to any person except as expressly permitted by these Terms of Use; or
4.2.2using the Due Diligence Information, whether directly or indirectly, to procure (or attempt to procure) any commercial advantage for Zeidler or any Client, or a commercial disadvantage to the Counterparty.
4.3Zeidler shall take all reasonable organisational, physical, and technical measures to preserve the secrecy and confidentiality of the Due Diligence Information.
4.4Subject to any regulatory or commercial reason to retain the information, upon the termination or expiry of these Terms of Use for any reason, Zeidler will delete all Due Diligence Information
5. Exceptions to confidentiality obligations
The obligations set out in these Terms of Use relating to Due Diligence Information shall not apply to any Due Diligence Information that:
5.1is in, or comes into, other than through any breach of these Terms of Use or other wrongful act or default of Zeidler or the relevant Client, general circulation in the public domain;
5.2is approved for disclosure in writing by the Counterparty;
5.3is declared by the Counterparty in writing to no longer be confidential;
5.4is required to be disclosed by Zeidler under the Freedom of Information Act 2000; or
5.5is required by law, by any court of competent jurisdiction, or by any government agency lawfully requesting the same to be disclosed provided that Zeidler notifies the Counterparty in advance of such disclosure.
6. Accounts
6.1the Website requires an Entity Account and a User Account in order to access it.
6.2Entity Account access is granted on the domain level. The entity domain(s) that are provided to Zeidler the Counterparty controls. Domains that are not entity controlled are not permitted. The Client and the Counterparty are responsible for providing secure domains. Zeidler does not assume any liability for domains provided by the Client or the Counterparty.
6.3When creating a User Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your User Account is kept up-to-date.
6.4We require that you choose a strong password for your Account, consisting of a minimum of 8 characters. The password must contain at least one character of each of the following types:
- •Lowercase letter
- •Uppercase letter
- •Number
- •Special character
It is your responsibility to keep your password safe. A User Account is personalized. You must not share your User Account with anyone else. If you believe your User Account is being used without your permission, please contact Zeidler immediately at contact@zeidlerlegalservices.com. Zeidler will not be liable for any unauthorised use of your User Account.
6.5You must not use anyone else’s User Account.
6.6Any personal information provided in your User Account will be collected, used, and held in accordance with your rights and Our obligations under the law, as set out in clause 15.
6.7If you wish to close your User Account, you may do so at any time by emailing Us at contact@zeidlerlegalservices.com. Closing your User Account will also remove access to any areas of the Website requiring a User Account for access. Personal data as well as any other data will continue to be stored and processed provided there is a lawful reason for doing so. The deletion of personal data and any other data will be carried out in accordance with our data protection and data retention policies.
7. Application of Terms of Use
7.1These Terms of Use apply to all Users of the Website.
7.2The relationships between Zeidler and its Clients are governed by the Business Terms and Conditions agreed between them.
7.3To the extent that any terms individually agreed between Zeidler and a Client contradict these Terms of Use, the individually agreed terms will take precedence.
8. Intellectual Property Rights
8.1With the exception of Due Diligence Information (see Clause 6), all Content included on the Website and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
8.2Subject to clauses 8.5 and 8.6, you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from the Website unless given express written permission to do so by Us.
8.3 You may
8.3.1Access, view and use the Website in a web browser (including any web browsing capability built into other types of software or app);
8.3.2Download the Website (or any part of it) for caching;
8.3.3Print page(s) from the Website;
8.3.4Download extracts from pages on the Website; and
8.3.5Save pages from the Website for later and/or offline viewing.
8.4Our status as the owner and author of the Content on the Website (or that of identified Users and/or licensors, as appropriate) must always be acknowledged.
8.5You may not use any Content printed, saved or downloaded from the Website for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of the Website by Clients.
8.6Nothing in these Terms of Use limits or excludes the provisions of Chapter III of the Copyrights, Designs and Patents Act 1988 ‘Acts Permitted in Relation to Copyright Works’, covering in particular the making of temporary copies; research and private study; the making of copies for text and data analysis for non-commercial research; criticism, review, quotation and news reporting; caricature, parody or pastiche; and the incidental inclusion of copyright material.
9. Due Diligence Information
9.1You agree that you will be solely responsible for your Due Diligence Information. Specifically, you agree, represent and warrant that you have the right to submit the Due Diligence Information, that any facts stated are accurate and true, that opinions stated are genuinely held, and that all such Due Diligence Information will comply with Our Acceptable Usage Policy, detailed below in clause 10.
9.2You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you clause 9.29.1. You will be responsible for any loss or damage suffered by Us as a result of such breach.
9.3You (or your licensors, as appropriate) retain ownership of your Due Diligence Information and all intellectual property rights subsisting therein. When a Counterparty submits Due Diligence Information such Counterparty grants Zeidler an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, worldwide licence to copy, access, use, store, archive, transmit, adapt and reproduce it for the purposes of undertaking the relevant due diligence assessment.
10. Acceptable Usage Policy
10.1You may only use the Website in a manner that is lawful and that complies with the provisions of this clause 10. Specifically:
10.1.1you must ensure that you comply fully with any and all applicable local, national, and international laws and/or regulations;
10.1.2you must not use the Website in any way, or for any purpose, that is unlawful or fraudulent;
10.1.3you must not use the Website to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
10.1.4you must not use the Website in any way, or for any purpose, that is intended to harm any person or persons in any way.
10.2We reserve the right to suspend or terminate your User Account and/or your access to the Website if you materially breach the provisions of this clause 10 or any of the other provisions of these Terms of Use. Specifically, We may take one or more of the following actions:
10.2.1suspend, whether temporarily or permanently, your User Account and/or your right to access the Website;
10.2.2remove any Due Diligence Information submitted by you that violate(s) this Acceptable Usage Policy;
10.2.3issue you with a written warning;
10.2.4take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
10.2.5take further legal action against you as appropriate;
10.2.6disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
10.2.7any other actions that We deem reasonably appropriate (and lawful).
10.3We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms of Use.
11. Disclaimers and Legal Rights
11.1Nothing on the Website, including but not limited to Due Diligence Information, constitutes advice on which you should rely.
11.2Insofar as is permitted by law, We make no representation, warranty, or guarantee that the Website will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
11.3We make reasonable efforts to ensure that the Content on the Website is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.
12. Liability
12.1To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) the Website or the use of or reliance upon any Content included on the Website, including any Due Diligence Information.
12.2To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to the Website or any Content included on the Website.
12.3We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
12.4We exercise all reasonable skill and care to ensure that the Website is free from viruses and other malware, however, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of the Website (including the downloading of any Due Diligence Information from it) or any other site referred to on the Website.
12.5We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
12.6Nothing in these Terms of Use excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.
13. Viruses, Malware and Security
13.1We exercise all reasonable skill and care to ensure that the Website is secure and free from viruses and other malware.
13.2You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
13.3You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via the Website.
13.4You must not attempt to gain unauthorised access to any part of the Website, the server on which the Website is stored, or any other server, computer, or database connected to the Website.
13.5You must not attack the Website by means of a denial of service attack, a distributed denial of service attack, or by any other means.
13.6By breaching the provisions of 13.3 to 13.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use the Website will cease immediately in the event of such a breach.
14. Privacy and Cookies
Use of the Website is also governed by Our Cookie and Privacy Policies. These policies are incorporated into these Terms of Use by this reference.
15. Data Protection
We will only use your personal information as set out in Our Privacy Policy and Our Cookie Policy.
16. Notices from Us and Marketing Communications
16.1At all times we shall comply with the Data Protection Legislation.
16.2If We have your contact details, We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes and changes to these Terms of Use.
16.3If you are a new customer, when you visit our website, we may ask if you wish to opt-in to receive marketing information about our services. If you do not opt-in to receive marketing communication, we will not collect your personal data for marketing purposes.
16.4We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from Us at any time, once We receive your request, We endeavour to stop sending marketing material to you within reasonable time.
16.5For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at contact@zeidlerlegalservices.com or via contact page.
16.6Our privacy and cookie policies contain detailed information about how we process personal data, including for the purposes of marketing. Please visit Cookie Policy and Privacy Policyto learn more about how we comply with the Data Protection Legislation.
17. Changes to these Terms of Use
17.1We may alter these Terms of Use at any time. Any such changes will become binding on you upon your first use of the Website after the changes have been implemented. You are therefore advised to check this page from time to time.
17.2In the event of any conflict between the current version of these Terms of Use and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
18. Contacting Us
To contact Us, please email Us at contact@zeidlerlegalservices.com or using any of the methods provided on Our contact page at contact page.
19. Law and Jurisdiction
19.1These Terms of Use, and the relationship between you and Us (whether contractual or otherwise) shall be governed by and construed in accordance with the law of England & Wales.
19.2Any disputes concerning these Terms of Use, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.
Legal Notice
Zeidler Group: regulated and unregulated services
The Zeidler Group offers both regulated and unregulated services. The regulated services fall under Zeidler Legal Services, and the unregulated services fall under Zeidler Fund Services.
Zeidler Legal Services
Zeidler Legal Services (“Zeidler Legal Services”) is an international law firm advising clients around the world on the laws and regulations regarding investment funds and the asset management industry.
In each jurisdiction in which Zeidler Legal Services has physical presence, a separate legal entity, using the name Zeidler Legal Services , has been established. Those separate entities are not themselves partners in any partnership called “Zeidler“, “Zeidler Group”, “Zeidler Legal Services” or otherwise and they operate independently of one another.
Any regulated legal services referred to on this website (e.g. (Cross-border) Legal Advice, Formation of your Investment Funds, Legal Management of your Investment Funds), are provided by one or more of our regulated law firms listed below. These firms, when allowed by local regulations, may assist in providing the other types of services referred to on our website which are provided by entities in the Zeidler Group forming part of the Zeidler Fund Services operating division, described below.
All references on this website to Zeidler Legal Services mean, depending on the context, one or all of the separate and distinct undertakings or entities depending on the applicable location as explained below.
•In Ireland, Zeidler Legal Services is Mr. Arne Zeidler providing services as a sole trader under the business name Zeidler Legal Services. Mr. Zeidler is a German lawyer registered as a European Lawyer with and authorised by the Law Society of Ireland, with offices at 5 Lower Mount Street, Dublin 2, Dublin, Ireland.
•In Germany, Zeidler Legal Services is Zeidler Legal Services Rechtsanwaltsgesellschaft mbH, a limited company registered with and authorised by the Frankfurt Bar (Rechtsanwaltskammer Frankfurt am Main) with offices located at Bettinastrasse 48, 60325, Frankfurt am Main.
•In Luxembourg, Zeidler Legal Services is Zeidler Legal Services (Luxembourg) S.A., a corporation (Aktiengesellschaft) registered with and authorised by the Luxembourg Bar (Le Conseil de l´Ordre des Avocats du Barreau de Luxembourg) with its registered office at 20, rue Eugène Ruppert, L-2453 Luxembourg.
Zeidler Fund Services
The following unregulated services, together with any other unregulated services that the Zeidler Group may provide in the future, are generally provided by entities within the Zeidler Group comprising the operating division of Zeidler Fund Services: Global Knowledge Hub, Cross-border Registrations, Ongoing Fund Governance, UCITS KIID/PRIIPs KID Generator, EMT/EPT Generator, Counterparty Due Diligence, Document Dissemination, Distributor Database, Service Providers, Local Agent Services (Facilities and GDPR/Data Protection), Process Agent Services, Company Secretary Services, Stock Exchange Listings, and Notarisation Agent Services as well any future unregulated services referred to on our website: zeidler.group.
These entities do not provide regulated legal advice or engage in the regulated practice of law in any jurisdiction.
• In Ireland, Zeidler Legal Process Outsourcing Limited (“ZLPO”), (company number 550051), is a company limited by shares with offices at 5 Lower Mount Street, Dublin 2, Dublin, Ireland. ZLPO is not registered or authorised by the Law Society of Ireland or by the Central Bank of Ireland and nor does it represent itself as so authorised.
•In England, Zeidler Legal Services (UK) LTD (“ZLS UK”) , is a limited company registered in England and Wales under registration number 09722833, with registered address at 64 Southwark Bridge Road, London SE1 0AS, England, and offices at 30 Stamford Street, London, SE1 9LQ, England. ZLS UK provides services on an unregulated basis in the United Kingdom and is not registered or authorised by the Solicitors Regulatory Authority or Financial Conduct Authority and nor does it represent itself as so authorised.
•In India, Zeidler Consultancy Services India Private Limited (“Zeidler India”) , is a private limited company holding the CIN number U74999MH2018FTC306475, with registered address at A -202, A- Wing, Haware Parekh Chambers, Ghatla Road, Above Ratna Store, Chembur (E) Mumbai, Maharashtra – 400071, India, and offices at GRA107 WeWork Raheja Platinum, Sag Baug Road, Off, Andheri – Kurla Rd, Marol, Andheri East, Mumbai, Maharashtra 400059, India. Zeidler India does not provide legal services in any jurisdiction and is not registered or authorised by The Bar Association of India or by the Reserve Bank of India and nor does it represent itself as so authorised.
Privacy Notice
Zeidler Group Platform Privacy Notice
This privacy notice will inform you as to how we look after your personal data when you visit zeidlerlegalservices.com or any of its sub-domains (the “Website”) (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.
About Zeidler – data controller
We are the controller and responsible for your personal data, "we", "us" or "our" in this privacy notice).
Zeidler Group (“Zeidler”) comprises the following entities: Zeidler Legal Services Rechtsanwaltsgesellschaft mbH, Zeidler Legal Services (UK) LTD, Zeidler Legal Process Outsourcing Limited, Zeidler Consultancy Services India PVT LTD, Zeidler Legal Services (Luxembourg) S.A. and Zeidler Legal Services (i.e. Mr. Arne Zeidler doing business as a sole trader in the Republic of Ireland under the business name Zeidler Legal Services).
- •Each Zeidler entity above will be a data controller to the extent that it controls personal data of individuals working for Zeidler’s clients. A reference to Zeidler in this privacy notice means the relevant Zeidler entity above. From time to time some Zeidler entities may act as joint controllers for internal administration purposes within Zeidler.
- •In order to make it easy for you to communicate with Zeidler with regards to your data privacy rights, we provide a single contact point.
- •You can find the address of each Zeidler entity in the Annex 1 to this privacy notice.
We have appointed a data privacy manager who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the data privacy manager at casemanagement@zeidlerlegalservices.com .
Important information
This privacy notice aims to give you information on how we collect and process your personal data through your use of this Website, including any data you may provide through this Website.
This Website is not intended for children and we do not knowingly collect data relating to children.
It is important that you read this privacy notice together with any other privacy 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 privacy notice supplements the other notices and is not intended to override them.
You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK’s independent supervisory authority for data protection issues (Home | ICO). We would, however, appreciate the chance to deal with your concerns before you approach the ICO, so please contact us in the first instance.
Changes to the privacy notice
This version was last updated on 28 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.
Data protection by design and default
We are required by law to put in place appropriate technical and organisational measures to implement the data protection principles effectively, having regard to the nature of our business, and safeguard individual rights. We endeavour to consider our data protection practices upfront in everything we do. It can help us to ensure that we comply with the GDPR’s fundamental principles and requirements in our efforts to ensure transparency and accountability. Please see below how we comply with this obligation:
- We consider data protection issues as part of the design and implementation of systems, services and business practices.
- We make data protection an essential component of the core functionality of our processing systems and services.
- We anticipate risks and privacy-invasive events before they occur and take steps to prevent harm to individuals.
- We only process the personal data that we need for our purposes specified below and ancillary thereto, and we only use the data for those purposes.
- We ensure that personal data is automatically protected in any IT system, service, product, and/or business practice, so that individuals should not have to take any specific action to protect their privacy.
- We provide the identity and contact information of those responsible for data protection both within our organisation and to individuals.
- We adopt a ‘plain language’ policy for any public documents so that individuals easily understand what we are doing with their personal data.
- We provide individuals with tools so they can determine how we are using their personal data, and whether our policies are being properly enforced.
- We offer strong privacy defaults, user-friendly options and controls, and respect user preferences.
- We only use data processors that provide sufficient guarantees of their technical and organisational measures for data protection by design.
- When we use other systems, services or products in our processing activities, we make sure that we only use those whose designers and manufacturers take data protection issues into account.
- We use privacy-enhancing technologies, such as (PETs) to assist us in complying with our data protection by design obligations.
Personal Data we collect about you
Personal data, or personal information, means any information about an individual from which that person can be identified. 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, username or similar identifier, address, place of birth, marital status, title, date of birth and gender, job title and company name.
- • Contact Data: includes records of business communications (for example, e-mails and/or notes of discussions concerning business matters), work email address and work phone address.
- • Technical Data: includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system, the Website and other technology on the devices you use to access this Website.
- • Profile Data: includes your interests and preferences on our Website.
- • Usage Data: includes information about how you use our Website.
- • Marketing and Communications Data: includes your preferences in receiving marketing from us and your communication preferences.
We also collect, use and share Aggregated Data such as statistical 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 Usage 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.
Aggregated Non-Personal Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing our Website.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
We deal with customers who are professional organisations such as law firms, asset managers or financial institutions. There may be limited occasions where, as part of our services, we collect and process Identity and Contact Data relating to individuals (employees, service providers, consultants, etc) where it is necessary and relevant to our services.
How we collect personal data
Most of the data we collect is via direct interactions, although sometimes we obtain personal data via our own initiatives, such as from websites, LinkedIn or other sources. Please see the table below to learn more about how we collect your personal data.
You may give us your Identity, Contact and Financial Data by submitting your information to us via the Website, filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
- oapply for and enquire about our products or services;
- ocreate a user account;
- oobtain and use of services provided by us;
- osubscribe to our service or publications;
- orequest marketing to be sent to you; or
- ogive us feedback or contact us.
We may obtain information about you from other sources. For example, we may collect information from publicly available sources,
- owhen our clients request our services;
- owhen you interact with us on social media;
- osocial media profile or other publicly-available information; and
- odemographic information.
We may receive your Technical Data from the following sources:
- odirectly from you;
- ofrom the Third Party providers in respect of the particular services which we provide; and
- osearch information providers; and
- ofrom Zeidler entities or affiliated companies.
We may receive your Financial Data from the following sources:
- odirectly from you;
- ofrom providers of technical, payment and delivery services;
- ofrom the Third Party services providers, such as payment processing services providers, in respect of the particular services which we provide; and
- ofrom Zeidler entities or affiliated companies.
We may receive your Financial Data from the following sources:
- odirectly from you;
- ofrom providers of technical, payment and delivery services;
- ofrom the Third Party providers in respect of the particular services provided to you; and
- ofrom Zeidler entities or affiliated companies.
Automated technologies or interactions.
As you interact with our Website, 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. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our cookie policy below for further details.
How we use personal data
We constantly review the nature of our lawful bases for processing to ensure that each processing activity is on the basis of a specific, lawful and most appropriate basis for processing.
- oto create your user profile;
- oto register your user profile;
- oto enable your access to our Website;
- oto establish and manage your Zeidler account and profile;
- oto identify and authenticate you so you may access and use the Website;
- oto increase and maintain the safety and security of all personal data which you submit via the Website;
- oto prevent misuse;
- oto check your identity;
- oto administer and protect our business, including troubleshooting, data analysis and system testing;
- oto provide our services;
- oto establish and manage your Zeidler account and profile;
- oto process and fulfil requests in connection with our services;
- oto identify and authenticate you so you may access certain content via the Website;
- oto protect against theft and prevent fraud and other criminal activity, claims and other liabilities;
- oto comply with and enforce applicable legal requirements, relevant industry standards and policies; and
- oto recommend services which may interest you.
(a) necessary to perform a contract that we have entered into, or we will be entering into, in connection with our services
(b) necessary for legitimate interests (please see the definition of the legitimate interests in the glossary below)
(c) necessary to comply with our legal obligation
- oto contact you in respect of our products and services that you are interested in;
- oto respond to your queries;
- oto bill you for the services;
- oto send you any information and updates relevant to the services which you have purchased or otherwise interested in;
- owhen you share comments and opinions with us, ask us questions or make a complaint we keep a record of this;
- owe may monitor and record our phone calls with you, in line with the legislation, to make sure we are living up to the standards we set; and
- owe may process your Contact and Identity Data if you contact us through our “Contact Us” feature or customer support tools available on our Website;
- oto communicate with you (including providing you with offers and other communications about our products and services) and provide customer support; and
- oto comply with and enforce applicable legal requirements, relevant industry standards and policies.
(a) necessary to perform a contract that we have entered into, or we will be entering into, in connection with our services
(b) necessary to comply with a legal obligation
(c) necessary for legitimate interests (please see the definition of the legitimate interests in the glossary below)
- oto collect payment for our services;
- oto allow you to interact with certain third-party products or services;
- oto perform analytics of anonymised personal data (including market and consumer research and trend analysis);
- ofor the purpose of billing reconciliation, collection, auditing, accounting;
- oto protect against, identify theft and prevent fraud and other criminal activity, claims and other liabilities; and
- oto comply with and enforce applicable legal requirements, relevant industry standards and policies.
(a) necessary to perform a contract that we have entered into, or we will be entering into, in connection with our services
(b) necessary for legitimate interests
We may process your Financial Data to personalise your experience with our products and services (including personalised marketing) and to manage and evaluate the effectiveness of our communications.
(a) necessary to perform a contract that we have entered into, or we will be entering into, in connection with our services
(b) necessary for legitimate interests
We may process Technical Data to administer and protect our business, the Website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data).
We may receive Technical Data from search information providers. As you interact with the Website, we will 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. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our cookie policy [Link to Cookie Policy] for further details.
(a) necessary to perform a contract that we have entered into, or we will be entering into, in connection with our services
(b) necessary for legitimate interests
- oto ensure security of your account
- oto contact you in respect of our services that you are interested in; and
- oto respond to your queries.
(a) necessary to perform a contract that we have entered into, or we will be entering into, in connection with our services
(b) necessary for legitimate interests
- oto learn more about how our Website is used for the purpose of improving our Website and our services; and
- oto provide personalised services to our users and customers.
(a) necessary to perform a contract that we have entered into, or we will be entering into, in connection with our services
(b) necessary for legitimate interests
- oto deliver relevant content and advertisements tailored to your interests;
- oto provide you with marketing materials from time to time concerning Zeidler services; and
- oto understand the effectiveness of the advertising we serve to you.
In accordance with the marketing preferences you set when creating your account or that you set up with us at a later date, we may contact you by email, text, mail or phone, to keep you updated on our services
(a) necessary to perform a contract that we have entered into, or we will be entering into, in connection with our services
(b) Your consent (in respect of direct marketing)
(c) necessary for legitimate interests
We may process your Aggregated Data to operate, evaluate, develop, manage and improve our business (including operating, administering, analysing and improving our services and developing new services.
necessary for legitimate interests
We sometimes use External Third Party service providers to deliver certain IT, technology and similar services to us (for example, the hosting of this Website or related services). Where this happens, they do so in the capacity of data processors on behalf of the relevant Zeidler company, on terms which are compliant with the applicable law, and which restrict their use of your personal data to that which is solely necessary in order for them to deliver services to us.
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. You have the right to withdraw consent to marketing at any time by contacting us.
Where we send direct marketing materials to customers or suppliers we will always provide the ability to opt-out in each communication we send.
Sharing personal data with others
We share your personal details:
- owith people within our group who are involved in carrying out the processing described above;
- owith third party service providers who process your information on our behalf for the purposes above – such as IT hosting providers, payment service providers, data analytics specialists and other professionals retained by us; and
- othere may be rare occasions where the nature of a customer instruction or supplier relationship mean that we have to share personal data with limited External Third Parties.
We will also share your personal information:
- oif we think this is necessary to in order to protect the rights, property, or safety of our business, our employees, our partners, or our customers. This includes sharing information for the purposes of fraud protection and credit risk reduction;
- oany member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006;
- othird 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 information in the same way as set out in this policy; and/or
- owith government authorities and/or law enforcement officials if required by law.
Storing your personal information and transfers outside the UK and EU
We may use our secure servers to store your personal data. We take appropriate physical, electronic and procedural measures to ensure that we keep your information secure, accurate and up to date in accordance with this policy. We use the following third parties to store electronic copies of your personal data: AWS cloud, Microsoft cloud, Hubspot, Salesforce Cloud, Google Cloud, Jira Cloud, Xero Cloud, Chaser Cloud, Exavault Cloud, Mailchimp, Pandadocs, Sendgrid, Testrail. We may, from time to time, store physical copies of your personal data in our offices. At all times we remain responsible for security of all your personal data.
Your personal information may be stored and processed outside of the country where it is collected, including outside of the UK (under the UK GDPR) or outside the European Economic Area (EEA) (under the EU GDPR). When we transfer information in accordance with the UK GDPR or EU GDPR, we ensure that appropriate and suitable safeguards and technical measures are in place to protect your personal data. Where possible, we will transfer personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. Where it is necessary to transfer personal data to other countries, in the absence of an adequacy decision we make use of standard contractual clauses approved by the European Commission from time to time, or we implement other similar measures required by laws around the world. Please contact us at casemanagement@zeidlerlegalservices.com for further information.
Personal data relating to someone else
Prior to providing to Zeidler any personal information concerning another individual, you must (unless we agree otherwise):
- oinform the individual that you wish to share their personal data and refer them to this privacy policy; and
- oobtain their permission (where possible) to share their personal information with us in accordance with this policy.
Data security
We have put in place appropriate security measures to prevent 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.
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
We will only keep records of your personal information for as long as is reasonably necessary for the purposes for which we have collected it, and in order to comply with any statutory or regulatory obligations in relation to retention of records.
We may retain your personal data longer:
- oto comply with law;
- oto protect your vital interests or those of another individual; or
- oin connection with any legal claims (to the extent those claims are continuing after the end of the relevant retention period).
Finally, we may create anonymised or aggregated records relating to demography or the use of our Website or services, from which no individual is identifiable. We may retain those records, which are not personal data, indefinitely.
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.
Your legal rights
Under certain circumstances, you have rights under the relevant data protection laws in relation to your personal data. Please see below the summary of your rights:
• right to rectification:
If your personal information is incorrect or incomplete any way, you may notify a person dealing with your matter and where inaccurate or incomplete, we will correct it without delay.
- oIf your personal information is incorrect or incomplete any way, you may notify a person dealing with your matter and where inaccurate or incomplete, we will correct it without delay.
• right of access:
- oyou may request a confirmation from us that we are processing your personal data;
- oaccess your personal data held by us and request a copy (unless providing a copy adversely affects the rights and freedoms of others);
- oobtain certain information about how we process your personal data, categories of personal data processed, recipients or categories of recipients who receive personal data from us; and
- ohow long we store your personal data for and the criteria we use to determine retention periods.
• right to be informed:
- ohow your personal data is being processed;
- ohow long it will be stored for;
- othe legal basis for processing,
- orecipients (or categories of recipients) of your personal data; and
- owhether personal data must be provided under statute or for another reason and the consequences of not providing the personal data to ensure the fair and transparent processing of your personal data.
• right to restrict processing under certain circumstances:
- oif you contest the accuracy of your personal data, we may restrict its processing, until we can verify its accuracy;
- oif the processing is unlawful;
- oif we no longer need to process your personal data, unless we still need your personal data for the establishment, exercise, or defence of legal claims; and
- oif you object to processing that relies on public interest or our (or third party’s) legitimate interest as the lawful processing ground.
• right to data portability:
- oright to receive from us a copy of your personal data in commonly used and machine-readable format and store it for further use on a private device; and
- oright to transmit personal data to another third party; or have your personal data transmitted directly from one third party to another where technically possible.
• right not to be subject of automated processing:
Right not to be subject to automated decision-making, including profiling, which has legal or other significant effects on you.
• the right to object to processing:
you may object to processing of your personal data. We will stop processing your personal data once notified by you, except if we can demonstrate a compelling legitimate ground for processing the personal data that overrides your request; or processing is necessary to exercise or defend legal claims.
If you wish to exercise any of the rights set out above, please contact us at .
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.
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.
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 if you have made a number of requests. In this case, we will notify you and keep you updated.
Glossary
Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.
External Third Parties
- oService providers acting as processors who provide IT, system administration services and services.
- oProfessional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance, accounting services, third parties involved in legal proceedings.
- oHM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances.
Internal Third Parties means Zeidler companies and other entities which Zeidler is affiliated with.
Legitimate Interest means the interest of our business, our partners or third parties 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 on the basis of legitimate interests. We do not use your personal data for activities where such legitimate interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).
Where we rely on our legitimate interests or the legitimate interests of a third party (such as a Third Party Provider or Zeidler Company) to justify the processing of your personal information, our legitimate interests are:
- oimprovement and development of our business operations and service offering;
- opursuit of our commercial activities and objectives, or those of a third party (for example, by carrying out marketing);
- oprovision of products and services which are tailored to your interests and to improve your experience;
- oprotection of our business, shareholders, employees and customers, or those of a third party (for example, ensuring IT network and information security, prevention of fraud, enforcing claims, including debt collection);
- oseeking investment for, or in the context of, an actual or proposed reorganisation, merger, sale, joint venture, assignment, divestiture, dissolution, liquidation, transfer or other transaction relating to all or any portion of our businesses, assets, companies or stock; and
- oanalysing competition in the market for our services and to define types of customers for our products and services (for example, by carrying out research, including market research).
Annex
ZEIDLER ENTITIES´ ADDRESSES
Cookie Policy
Last updated: 28 May 2021
We use cookies and related identification technologies to collect and store information about you and the way that you use our website. This helps us to provide you with a good experience when you browse our site and also allows us to improve our site and the service that we provide.
What are cookies?
A cookie is a small file which is stored on your device. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
You can choose to accept or decline cookies, and the most effective way to do this is through the settings on your web browser. If you disable or decline cookies, you may not be able to access some parts of the website, and some features may not function properly or be available to you.
Some of the cookies that a user of our website may find on its browser (depending on settings) after navigating to our website are as set out below. Additional cookies may be added, and we may update or remove the cookies below from time to time.
We use the following types of cookies:
- •Strictly necessary cookies: are essential in order to enable you to move around the website and use its features.
- •Analytics cookies: it is important for us to understand how you use the site, for example, how efficiently you are able to navigate around it, and what features you use. Analytics cookies enable us to gather this information, helping us to improve the site and your experience of it.
- •Performance cookies: collect information about how visitors use our websites. They allow us to recognise and count the number of visitors and to see how visitors move around our website.
- •Functionality cookies: are used to provide services or to remember choices you make so we can personalise our content for you (for example, to remember your log in details).
- •Persistent cookies: persistent Cookies are those which remain on your computer or device for a predetermined period and are activated each time you visit the site.
- •Session cookies: are temporary and only remain on your computer or device from the point at which you visit the site until you close your browser. Session cookies are deleted when you close your browser.
Some of the cookies which we may use are stored by our site which you are visiting directly (“first party cookies”) and others are created by domains other than our site (“third party cookies”). The following third parties’ cookies may be contained on our website: Hubspot, Google, NewRelic.
You may refuse to accept cookies at any time by activating the setting on your browser which allows you to refuse cookies. Please note that some cookies are strictly necessary. These cookies are essential in order to enable you to move around the website and use its features, such as accessing secure areas of the website. These are all the cookies without which the website could not perform basic functions.
Additional points to keep in mind
•Multiple Users
If more than one person uses your device, the choices set up by other people will apply to you as well unless you change them. For example, if you share a computer with your family, you may see ads based on sites they have visited as well as sites you have visited.
•Cookies with more than one use
Some of our cookies collect data for more than one use. We will only use these cookies for their designated purposes as communicated to you in this policy or otherwise, unless we have a lawful basis to use cookies for any other purpose.
Changes to this policy
We may alter this policy at any time. You are therefore advised to check this page from time to time.
Further Information
If you would like to know more about how we use cookies, please contact us at contact@zeidlerlegalservices.com.
For more information about privacy and your rights with respect to your personal data, please visit our privacy policy.