Terms and Conditions

This page (together with the documents referred to on it) tells you the terms upon which you may make use of our website www.cliftondavies.com (our site), whether as a guest or a registered user.

1. TERMS OF WEBSITE USE

Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

2. INFORMATION ABOUT US

www.cliftondavies.com is a site operated by Clifton Davies Consultancy Limited (We). We are a limited liability company registered in England and Wales with registered number 8416729 and our registered office address is 10 Lonsdale Gardens, Tunbridge Wells, Kent TN1 1NU. Our trading address is 6 Lettice Street, London SW6 4EH. Our VAT number is 159 4874 58.

We are not authorised or regulated by the Solicitors Regulation Authority.

3. ACCESSING OUR SITE

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.

4. PROHIBITED USES

You may use our site only for lawful purposes. You may not use our site:

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of these website terms of use.
  • Not to access without authority, interfere with, damage or disrupt:
    • any part of our site;
    • any equipment or network on which our site is stored;
    • any software used in the provision of our site; or
    • any equipment or network or software owned or used by any third party.
5. INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
 Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

6. RELIANCE ON INFORMATION POSTED

Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

7. OUR SITE CHANGES REGULARLY

We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

8. OUR LIABILITY

The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:

  • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
  • Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
    • loss of income or revenue;
    • loss of business;
    • loss of profits or contracts;
    • loss of anticipated savings;
    • loss of data;
    • loss of goodwill;
    • wasted management or office time; and
    • for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

9. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

We process information about you in accordance with our privacy policy set out below. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

10. VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.

11. LINKING TO OUR SITE

You may not link to our home page without prior written consent.

12. LINKS FROM OUR SITE

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

13. JURISDICTION AND APPLICABLE LAW

The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

14. VARIATIONS

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

15. YOUR CONCERNS

If you have any concerns about material which appears on our site, please contact us at [email protected]

Thank you for visiting our site.

 

Clifton Davies Consultancy Limited – Privacy Policy

1  YOUR PERSONAL INFORMATION

This privacy policy explains how we collect and process your personal data.  Personal data, or personal information, means any information about an individual from which that person can be identified.  This includes information that you tell us, what we learn from you and the choices you make about the marketing you want us to send to you.  This policy explains how we do this, what your rights are and how the law protects you.

We do not knowingly collect data relating to children.

2  CHANGES TO DATA PROTECTION LAW

The law in relation to data protection is changing on the 25 May 2018 when the General Data Protection Regulation comes into force in the United Kingdom and across Europe.

This privacy policy tells you about most of your rights under the new law.

There may be changes which we will be required to make to this privacy policy after the 25 May 2018 – we will notify you every time we make any material changes to this policy.  We may need to ask you to agree to the changes, or refresh your consent to us using your personal information.

3  WHO WE ARE AND HOW YOU CAN CONTACT US

We are Clifton Davies Consultancy Limited (“we”, “us”, “this company”).  Our registered office is at 10 Lonsdale Gardens, Tunbridge Wells, Kent TN1 1NU

You can contact us by email at [email protected]or in writing to Clifton Davies Consultancy Limited, 6 Lettice Street, London SW6 4EH.

Our representative for all queries in relation to this policy and your data protection rights is David Clifton (Director).

When we refer to our website, we mean our website at www.cliftondavies.com

4  WHERE WE COLLECT YOUR PERSONAL INFORMATION FROM

We may collect personal information about you in the following ways:

5  DATA YOU GIVE TO US
  • Data you give to us when you become a client of this company and use our services, or when we work with you in connection with a particular service
  • When you talk to us on the phone or in person
  • When you use our website
  • In emails or letters to us
  • If you take part in our competitions, events or promotions
  • When you give us feedback
6  DATA WE COLLECT WHEN YOU USE OUR SERVICE
  • Payment and transaction data
  • Profile and usage data, including data we gather from the devices you use to connect to those services such as computers and mobile phones, using cookies and other internet tracking software.
7  IP ADDRESSES AND COOKIES

We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.

For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive. They help us to improve our site and to deliver a better and more personalised service. They enable us:

  • to estimate our audience size and usage pattern.
  • to store information about your preferences, and so allow us to customise our site according to your individual interests.
  • to speed up your searches.
  • to recognise you when you return to our site.

You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our site.

8  DATA FROM THIRD PARTIES WE WORK WITH
  • Companies and individuals that introduce you to us
  • Public information sources, such as Companies House
  • Agents working on our behalf
  • Government and law enforcement agencies
  • Professional intermediaries including accountants, corporate finance advisers, other lawyers, property agents, planning consultants, banks and expert witnesses
9  DATA WE COLLECT ABOUT YOU

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

  • Identity data– name, marital status, title, date of birth and gender
  • Contact data– billing address, home address, email address or telephone numbers
  • Financial data– bank account and payment card details
  • Transaction data– details about payments to and from you and other details of services you have purchased from us
  • Technical data– internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access our website
  • Usage data– information about how you use our website, products and services
  • Marketing and communications data– your preferences in receiving marketing from us and our third parties and your communication preferences
  • Open Data and Public Records– information about you that are in public records, such as Companies House or the Land Registry, and information that is openly available on the internet

We may also collect, use and share aggregated data such as statistical or demographic data for any purpose. Aggregated data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your 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.

10  SPECIAL CATEGORIES OF PERSONAL DATA

We may also collect any special categories of personal data about you.  This includes details about race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, genetic and biometric data, and information about criminal convictions and offences.

However, we will only process these special categories of personal data in the following exceptional circumstance:

  • to the extent necessary for the establishment, exercise or defence of legal claims; or
  • with your explicit written consent which you can withdraw at any time.
11  HOW WE USE YOUR PERSONAL INFORMATION

Your privacy is protected by law.

We are only allowed to use personal information about you if we have a legal basis to do so, and we are required to tell you what that legal basis is. This includes when we share your information with third parties. The law says we must have one or more of the following legal bases:

  • to fulfil a contract we have with you; or
  • when it is our legal duty; or
  • when it is in our legitimate interest; or
  • when you consent to it.

A legitimate interest is when we have a business or commercial reason to use your information which, when balanced against your rights, is justifiable.

We have set out in the table below the personal information which we collect from you, how we use it, and the legal basis (or bases) on which we rely when we use the personal information.  If we are relying on our legitimate interests, we have set that out in the table below.

What we use your personal information for What personal information we collect Our legal grounds for processing Our legitimate interests (if applicable)
·       To register you as a new client. ·       Identity data

·       Contact data

·       Transaction data

·       Open Data and Public Records

·       Marketing & communications data

·       Performance of a contract with you

·       Our legitimate interests

·       Our legal duty

·       Your consent

·       Keeping our records up to date, working out which of our services may interest you and telling you about them
·       To manage our relationship with you or your business ·       Identity data

·       Contact data

·       Transaction data

·       Marketing & communications data

·       Performance of a contract with you

·       Our legitimate interests

·       Our legal duty

·       Seeking your consent when we need it to contact you

·       Being efficient about how we fulfil our legal and contractual duties

·       To develop and carry out marketing activities ·       Identity data

·       Contact data

·       Transaction data

·       Marketing & communications data

·       Our legitimate interests

·       Your consent

·       Developing services, and what we charge for them

·       Defining types of clients for new services

·       To study how clients use our services, to develop them, to promote and grow our business and to inform our marketing strategy

·       To study how our clients use our services ·       Identity data

·       Contact data

·       Transaction data

·       Marketing and communications data

·       Our legitimate interests

·       Our legal duty

·       Your consent

·       Developing services, and what we charge for them

·       Defining types of clients for new services

·       To study how clients use our services, to develop them, to promote and grow our business and to inform our marketing strategy

·       To communicate with you about our services ·       Identity data

·       Contact data

·       Transaction data

·       Marketing and communications data

·       Performance of a contract with you

·       Our legitimate interests

·       Our legal duty

·       Your consent

·       Developing services, and what we charge for them

·       Defining types of clients for new services

·       To study how clients use our services, to develop them, to promote and grow our business and to inform our marketing strategy

·       To manage relationships with our business contacts ·       Identity data

·       Contact data

·       Marketing and communications data

·       Your consent

·       Our legitimate interests

·       Keeping our records up to date, working out which of our services may interest you and telling you about them

·       Developing services, and what we charge for them.

·       To assess the health of our relationships with business contacts

·       To manage relationships with our suppliers ·       Identity data

·       Contact data

·       Your consent

·       Our legitimate interests

·       Keeping our records up to date, working out which of our services may interest you and telling you about them

·       Developing services, and what we charge for them.

·       To assess the health of our relationships with business contacts

·       To administer and protect our business and our website ·       Usage data

·       Technical data

·       Fulfilling contracts

·       Our legitimate interests

·       Being efficient about how we fulfil our legal and contractual duties
·       To use data analytics to improve our website, services, marketing, client relationships and experiences ·       Usage data ·       Performance of a contract with you

·       Our legitimate interests

·       Being efficient about how we fulfil our legal and contractual duties
·       To exercise our rights set out in agreements or contracts ·       Identity data

·       Contact data

·       Transaction data

·       Financial data

·       Performance of a contract with you

·       Our legitimate interests

·       Being efficient about how we fulfil our legal and contractual duties
·       To run our business in an efficient and proper way. This includes managing our financial position, business capability, planning, adding and testing systems and processes, managing communications, corporate governance, and audit ·       Identity data

·       Contact data

·       Transaction data

·       Financial data

·       Open Data and Public Records

·       Our legitimate interests

·       Our legal duty

·       Complying with rules and guidance from regulators

·       Being efficient about how we fulfil our legal and contractual duties

·       To manage payments and collect and recover money that is owed to us ·       Identity data

·       Contact data

·       Transaction data

·       Financial data

·       Open Data and Public Records

·       Performance of a contract with you

·       Our legitimate interests

·       Being efficient about how we fulfil our legal and contractual duties

·       Complying with rules and guidance from regulators

·       To develop new ways to meet our clients’ needs and to grow our business ·       Identity data

·       Contact data

·       Transaction data

·       Financial data

·       Open Data and Public Records

·       Marketing and communications data

·       Performance of a contract with you

·       Our legitimate interests

·       Our legal duty

·       Developing products and services, and what we charge for them

·       Defining types of clients for new services

·       Being efficient about how we fulfil our legal and contractual duties

12  WHO WE SHARE YOUR PERSONAL INFORMATION WITH

We may share your personal information with any of the following organisations, for the purposes of providing the services which you have requested from us:

  • Agents and advisers that we use
  • HM Revenue & Customs and other regulators or authorities
  • Companies, organisations and individuals that introduce us to you
  • Companies, organisations and individuals that we introduce you to
  • Any party linked with you or your business (for example, if we are acting for your company, other directors of your company)
  • Companies, organisations and individuals that you ask us to share your information with
  • Direct marketing companies who help us manage our electronic communications with you
  • Third party organisations that provide applications/functionality, data processing or IT services to us. (For example, we use third parties to support us in providing our services and to help provide, run and manage our internal IT systems. These include providers of IT services, cloud-based software as a service providers, identity management, website hosting and management, data analysis, data back-up, security and storage services.)

You can find details of how these third parties use your personal information by looking at their privacy policies, all of which should be available on the relevant websites, or on request.

We request all organisations who we share your data with to respect the security of your personal data and to treat it in accordance with the law.  We do not allow any of our service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

We may also share your personal information in the following circumstances:

  • if Clifton Davies Consultancy Limited or substantially all of its assets are acquired by a third party it is very likely that the personal data held by it about its clients will be one of the transferred assets
  • if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use, or to protect our rights, property, or safety, our clients, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
13  FAILING TO PROVIDE PERSONAL DATA

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with the legal services you have requested). In this case, we may have to cancel a service you have with us but we will notify you if this is the case at the time.

14  THIRD PARTY LINKS

Our website may include links to third party websites, plug-ins and applications.  Clicking on those links or enabling those connections may allow third parties to collect or share data about you.  We do not control these third-party websites and are not responsible for their privacy statements.  When you leave our website, we encourage you to read the privacy notice or policy of every website you visit.

15  TRANSFERRING YOUR PERSONAL INFORMATION OUTSIDE THE EEA

The EEA is the European Economic Area, which consists of the EU Members States, Iceland, Liechtenstein and Norway. If we transfer your personal information outside the EEA we have to tell you.

We will only send your data outside the EEA to:

  • follow your instructions to us to do so
  • comply with a legal duty
  • work with our agents and advisers who we use to help provide our services to you

By way of example, this may happen if one or more of our servers are from time to time located in a country outside the EEA or one of our service providers is located in a country outside the EEA. If we do transfer your personal information outside the EEA, we will make sure that it is protected in the same way as if it was being used in the EEA by ensuring at least one of the following safeguards is implemented:

  • We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission.
  • Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe.
  • Where we use providers based in the USA, we may transfer data to them if they are part of the EU-US Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the USA.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

16  DATA SECURITY

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator (including the ICO) of a breach where we are legally required to do so.

17  HOW LONG DO WE KEEP YOUR PERSONAL INFORMATION

We will keep your personal information for as long as you are our client. After you stop being a client, we will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for one or more of the following reasons:

  • To respond to any questions or complaints from you
  • To maintain our records
  • To comply with laws and rules applicable to us

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.

Where you have asked us not to send you direct marketing, we keep a record of that fact to ensure we respect your request in future.

18  MARKETING

We may use your personal information to tell you about relevant services.

We can only use your personal information to send you marketing messages if we have either your consent or a legitimate interest to do so.

You can ask us to stop sending you marketing messages at any time – you just need to contact us, or use the opt-out links on any marketing message sent to you.

We will get your express opt-in consent before we share your personal data with any company outside our group of companies for marketing purposes. You can ask a third party company to stop sending you marketing messages at any time, by adjusting your marketing preferences in relation to that company or by using the opt-out links on any marketing message sent to you.

Where you opt out of receiving marketing messages, this will not apply to personal data provided to us as a result of purchasing our services or any other transaction between you and us.

19  YOUR RIGHTS

You have certain rights which are set out in the law relating to your personal information.  The most important rights are set out below.

(a) Getting a copy of the information we hold

  • You can ask us for a copy of the personal information which we hold about you, by contacting us using the contact details set out above. This is known as a data subject access request.
  • You will not have to pay a fee to access your personal data, unless we believe that your request is clearly unfounded, repetitive or excessive. In such circumstances we can charge a reasonable fee or refuse to comply with your request.
  • We will try to respond to all legitimate requests within one month.  Occasionally it may take us longer than a month and in that case we will notify you and keep you updated.

(b) Telling us if information we hold is incorrect

  • You have the right to question any information we hold about you that you think is wrong or incomplete.
  • Please contact us using the details set out in section 1 above if you want to do this and we will take reasonable steps to check its accuracy and, if necessary, correct it.

(c) Telling us if you want us to stop using your personal information

  • You have the right to:
    • object to our use of your personal information (known as the right to object); or
    • ask us to delete the personal information (known as the right to erasure); or
    • request the restriction of processing; or
    • ask us to stop using it if there is no need for us to use it (known as the right to be forgotten).
  • There may be legal reasons why we need to keep or use your data, which we will tell you if you exercise one of the above rights.

(d) Withdrawing consent

  • You can withdraw your consent to us using your personal information at any time.
  • Please contact us using the details set out in section 1 above if you want to withdraw your consent.
  • If you withdraw your consent, we may not be able to provide you with certain products or services.

(e) Where we rely on our legitimate interest

  • In cases where we are processing your personal data on the basis of our legitimate interest, you can ask us to stop for reasons connected to your individual situation.
  • We must then do so unless we believe we have a legitimate overriding reason to continue processing your personal data.

(f) Request a transfer of data

  • You may ask us to transfer your personal information to a third party.
  • This right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
20  MAKING A COMPLAINT

Please let us know if you are unhappy with how we have used your personal information by contacting us using the details set out in section 1 above.

You also have a right to complain to the Information Commissioner’s Office.  You can find their contact details at www.ico.org.uk.  We would be grateful for the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.