Dr. Weder, Kauta & Hoveka Incl (“WKH”, “our”, “us”, “we”) recognise the importance of privacy and the protection of Personal Information provided to it and are committed to the safeguarding of such information.
By providing us with your Personal Information, you –
- agree to this Policy and authorise us to Process such information as set out herein;
- authorise WKH, its Associates, our Service Providers and other third parties to Process your Personal Information for the purposes stated in this Policy. We will not use your Personal Information for any other purpose than that set out in this Policy and will endeavour to protect your Personal Information that is in our possession from unauthorised alteration, loss, disclosure or access.
This Policy applies to all external parties with whom we interact, including but not limited to individual clients, representatives of client organisations, visitors to our offices, and other users of our legal and related services (“you”).
“Associates” means WKH’s shareholders, employees and consultants of WKH or of any of its subsidiaries.
“Cookie” means a small file that is placed on your device when you visit a Website. In this Policy, a reference to a”Cookie” includes analogous technologies such as web beacons and clear Graphic Interchange Format files (“GIFs”)
“Operator” means any person or entity that Processes Personal Information on behalf of the Responsible Party.
“Personal Information” means information that is about any individual, or from which any individual is directly or indirectly identifiable, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors
specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that individual.
“Process”, “Processing” or “Processed” means anything that is done with any Personal information, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
“Responsible Party” means the entity that decides how and why Personal Information is Processed.
“Service Provider” – third party providers of various services whom we engage, including, but not limited to, providers of information technology, communication, file storage, data storage, copying, printing, accounting or auditing services, counsel, experts, investigators, correspondent attorneys, translators, taxation consultants and our insurers and professional advisors;
“Website” means any website operated, or maintained, by us or on our behalf.
3. Collection of personal information
WKH collects Personal Information in various instances, including when:
- Data Subjects contact WKH or request information or services;
- WKH provides services to Data Subjects;
- persons apply for employment at WKH;
- when persons use WKH’s Website or engage with WKH through social media;
- when you make your Personal Information public; and
- when you visit our offices
WKH may collect the information directly from a Data Subject or from third parties (such as regulators, government authorities and registries, or legal practitioners representing our clients’ counterparties).
The interaction with WKH on WKH’s Website will result in the collection of information regarding the person’s activities on the Website. Similarly, when anyone engages with us via any one of WKH’s social media platforms. This information includes, but is not limited to, the person’s name, contact details and information regarding the matter with which they need assistance.
In the course of engaging with clients on matters, WKH will naturally be exposed to and collect Personal Information which includes the Data Subject’s name, contact details, financial information as well as information regarding the matters that WKH assists them with.
As part of its recruitment Processes, WKH collects information from graduates and employment applicants. This information includes educational information as well as employment history. By enquiring regarding employment opportunities at WKH or applying for employment, applicants are deemed to provide their consent to WKH’s Processing of their Personal Information for recruitment purposes, which may include screening as well as background and reference checks.
4. Categories of personal information we may process
We may Process the following categories of Personal Information about you
- personal details: name; and photograph;
- demographic information: gender; date of birth / age; nationality; salutation; title; and language preferences;
- identifier information: passport or national identity number; utility provider details; bank statements; tenancy agreements;
- contact details: correspondence address; telephone number; email address; and details of your social media profile(s);
- instruction details: details of individuals instructing WKH; Personal Information included in correspondence, documents, evidence or other materials that we Process in the course of providing legal services;
- attendance records: details of meetings and other events organised by or on behalf of WKH that you have attended;
- consent records: records of any consents you may have given, together with the date and time, means of consent and any related information;
- payment details: billing address; payment method; bank account number or credit card number; invoice records; payment records; SWIFT details; IBAN details; payment amount; payment date; and records of cheques;
- data relating to your visits to our Website: your device type; operating system; browser type; browser settings; IP address; language settings; dates and times of connecting to a Website; and other technical communications information;
- employer details: where you interact with us in your capacity as an employee of an organisation, the name, address, telephone number and email address of your employer, to the extent relevant; and
- content and advertising data: records of your interactions with our online advertising and
- content, records of advertising and content displayed on pages displayed to you, and any interaction you may have had with such content or advertising (including, but not limited to, mouse hover, mouse clicks and any forms you complete).
5. Basis and purpose for processing personal information
WKH may Process Personal Information:
- to provide legal and related services to clients;
- to comply with legal or regulatory obligations and fraud prevention;
- if a Data Subject has provided their consent; or
- if the Processing is allowed by law.
The purposes for which WKH Processes Personal Information include, but are not limited to:
- marketing and promotion of WKH’s services;
- providing and improving services to clients;
- improving users’ experience when using WKH’s Websites;
- communicating with persons for WKH’s internal purposes;
- enabling WKH’s internal operations;
- exercising and defending legal rights;
- operating our business;
- analysis, evaluation, review and collation of information in order to determine legal issues and potential disputes, provide legal advice and prepare or comment on opinions, memoranda, agreements, correspondence, reports, publications, documents relating to legal proceedings and other documents and records (whether in electronic or any other medium whatsoever);
- transfer of information to our Service Providers and other third parties;
- accounts management;
- statistical purposes;
- internal management and reporting purposes, including but not limited to: conducting internal audits, conducting internal investigations, implementing internal business controls, providing central Processing facilities, for insurance purposes and for management reporting analysis;
- Safety and security purposes.
6. Disclosure of personal information
WKH may release Personal Information or disclose it to third parties in certain circumstances. These include, but are not limited to:
- if WKH is required or authorised to do so by law, court order, legal or regulatory authorities;
- in order for WKH to enforce its rights;
- in order for WKH to provide services to its clients.
The third parties to whom we disclose Personal Information include, but are not limited to:
- Service Providers;
- Advocates and other parties involved in legal services;
- third parties who provide research services WKH or its clients;
- government authorities and registries, organs of state, regulators, courts, tribunals and law enforcement agencies;
- for legitimate business purposes, in accordance with applicable law and subject to professional regulatory requirements regarding confidentiality;
- third party Operators (including, but not limited to, data Processors such as providers of data hosting services and document review technology and services), located anywhere in the world;
- where it is necessary for the purposes of, or in connection with, actual or threatened legal proceedings or establishment, exercise or defence of legal rights;
- to any relevant party for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including, but not limited to, safeguarding against, and the prevention of threats to, public security;
- to any relevant third party acquirer(s), in the event that we sell or transfer all or any portion of our business or assets (including, but not limited to, in the event of a reorganization, dissolution or liquidation); and
- to any relevant third party provider, where our Website uses third party advertising, plugins or content.
If we engage a third party Operator to Process any of your Personal Information, we recognise that any Operator who is in a foreign country must be subject to a law, binding corporate rules or binding agreements which provide an adequate level of protection. We will review our relationships with Operators we engage and, to the extent required by any applicable law in force, we will require such Operators to be bound by contractual obligations to –
- only Process such Personal Information in accordance with our prior written instructions; and
- use appropriate measures to protect the confidentiality and security of such Personal Information.
7. International transfer of personal information
Personal information collected by WKH may be transferred to persons in other countries. Those countries’ laws might not protect Personal Information in the same way or on the same level as the law in the Data Subject’s country. However, WKH will take reasonable steps to ensure that recipients in other countries have appropriate privacy measures in place.
8. Data Security
WKH implements appropriate technical and organisational security measures to protect your Personal Information that is in our possession against accidental or unlawful destruction, loss, alteration, unauthorised disclosure, unauthorised access, in accordance with applicable law. WKH has implemented various policies, procedures and software to safeguard Personal Information and routinely reviews its operations in order to ensure that Personal Information is adequately protected.
Where there are reasonable grounds to believe that your Personal Information that is in our possession has been accessed or acquired by any unauthorised person, we will notify the relevant regulator and you, unless a public body responsible for detection, prevention or investigation of offences or the relevant regulator informs us that notifying you will impede a criminal investigation.
Because the internet is an open system, the transmission of information via the internet is not completely secure. Although we will implement all reasonable measures to protect your Personal Information that is in our possession, we cannot guarantee the security of any information transmitted using the internet and we cannot be held liable for any loss of privacy occurring during the course of such transmission.
9. Data accuracy
The Personal Information provided to WKH should be accurate, complete and up-to-date. Should Personal Information change, the onus is on the provider of such data to notify WKH of the change and provide WKH with the accurate data.
10. Retention of Personal Information
WKH retains Personal Information for as long as may be reasonably necessary in accordance with applicable law.
11. Direct Marketing
WKH may send marketing and promotional communications and material to persons. Recipients may opt out from receiving such communications by contacting WKH at the details provided below or by clicking on the opt-out link that will be contained in the relevant electronic communication.
12. Data Subjects Rights
The law might provide Data Subjects with rights to access, amend or delete Personal Information that is in the possession of WKH. However, WKH may, in certain instances, legally refuse or decline such requests. If applicable, a Data Subject may also have the right to object to WKH’s Processing of their Personal Information or to file a complaint with a regulator. If a Data subject wishes to exercise their rights, they can contact WKH at the details provided below. WKH may charge Data Subjects a fee for accessing, amending or deleting their Personal Information.
13. Cookies and Similar Technologies
14. Contact Details