2.1. Clients means those who have entered into, or are contemplating entering into, a contract for the provision of services, including those who are connected to a client such as owners, investors, controllers, employees, directors and officers of a corporate client or other legal or non-legal body;
2.2. Data Protection Legislation means all applicable legislation relating to privacy or data protection in force from time to time including, without limitation, the Data Protection (Jersey) Law 2018 and the EU General Data Protection Regulation 2016/679 (GDPR) and any statute or statutory provision which amends, extends, implements, consolidates or replaces the same, and controller or processor shall have the same or equivalent meaning as given to it under applicable Data Protection Legislation;
2.4. Intermediaries means third parties with whom we interact as part of providing our services to our Clients; and
2.5. Personal Information means any information about you from which you can be identified. This includes but is not limited to, name, address, date of birth, gender and national identity or passport numbers. There are special categories of more sensitive Personal Information which may only be collected for specific reasons and/or require a higher level of protection under applicable Data Protection Legislation (for example, where it is necessary to accurately establish or verify an individual’s identity to a high degree of fidelity). These include information regarding race, health, genetic information and biometric data, religious beliefs, sexual orientation, criminal convictions, political opinions.
Who we are
3. Edward Scott and Co is a Jersey law practice engaged in the provision of legal services in Jersey and regulated by the Jersey Financial Services Commission.
How do we collect and use Personal Information about you
5. We collect Personal Information either directly from you when you engage us to provide services, or indirectly from our Clients, Intermediaries, providers of independent or background checks or publicly available sources or third parties who we work closely with (including, for example, business partners, sub-contractors or service providers in technical, payment and delivery services, advertising networks, analytics providers and search information providers) or who are connected to you (for example, your employer or another service provider who provides services to you) or from publicly available material.
General visitors to the website
The Personal Information we hold
8. We collect and process Personal Information from you and about you in order to provide legal services. The types of Personal Information we may collect and process includes:
8.1. contact details (including (but not limited to) names, postal addresses, email addresses and telephone numbers);
8.2. Personal Information required to meet our legal and regulatory requirements, in particular in respect of anti-money laundering legislation, including information on source of funds and source of wealth;
8.3. Personal Information provided in the course of the provision of legal services (for example, information on professional relationships and background, financial wealth and assets held, transactions entered into, tax status, disputes and court proceedings engaged in);
8.4. in certain circumstances, your and others’ signature(s), financial information such as bank account details and payment related information;
8.5. the content of any enquiry submitted over our website; and
8.6. any other Personal Information you may provide to us.
9. We may also collect and process Personal Information regarding people connected to you, either by way of professional (or other) association or by way of family relationship.
10. If you apply for a position with Edward Scott and Co (whether existing at the time or not) we may collect Personal Information relating to your past employment, professional qualifications and education, your nationality and immigration/residential status, opinions from third parties about you (such as references) and other details about you which may be gathered during the recruitment process.
Purposes of, and lawful bases for, processing
11. We process Personal Information for the following purposes:
11.1. to provide and improve our legal and other services;
11.2. to comply with our legal and regulatory obligations;
11.3. to conduct administrative or operational processes within our business;
11.4. to manage our Client, Intermediary and other business relationships;
11.5. to perform a contract which we may have with you;
11.6. to establish, exercise or defend the legal rights of Edward Scott and Co or for the purpose of legal proceedings;
11.7. to process and respond to requests, enquiries or complaints received from you or someone connected to you;
11.8. for engaging other service providers to provide services to you;
11.9. for other legitimate business purposes; and
11.10. should you apply for a position with Edward Scott and Co, to review and process your application.
12. For each of the purposes for which we process Personal Information, we rely on one or more of the following legal bases:
12.1. to perform a contract to which the Client is a party;
12.2. to take steps at the request of the Client with a view to entering into a contract;
12.3. for our legitimate interests, including to provide our services to our Clients, to ensure our business is conducted efficiently and with a view to enhancing our client service, to protect Edward Scott and Co and our systems, staff and premises from being misused or the victim of any criminal activity and for the purposes of internal know-how and staff training;
12.4. to comply with a legal obligation, other than one imposed by contract, to which we are subject, including in particular our professional and regulatory obligations;
12.5. where it is necessary for legal proceedings, obtaining legal advice or establishing, exercising or defending legal rights, and in accordance with Data Protection Legislation; and
12.6. where there is no other legal justification available to us, with your consent.
13. In certain instances, Personal Information processed may include “Special Category Data” (which includes information on a person’s race, ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic or biometric data processed for the purpose of uniquely identifying a natural person, health data, data on a person’s sex life or sexual orientation or data relating to a person’s criminal record or alleged criminal activity). In such instances, the legal basis for processing that Personal Information may include the processing being necessary for compliance with a legal obligation or for the purpose of legal proceedings or legal advice.
14. We do not use automated decision-making in the processing of your Personal Information.
Transfer of Personal Information by Edward Scott and Co
15. To the extent permitted under applicable Data Protection Legislation, we reserve the right to share your Personal Information with the following recipients (including in each case respective employees, directors and officers):
15.1. third parties relevant to the legal and other services that we provide. This may include, but is not limited to, counterparties to transactions (including law firms acting for other parties), other professional service providers, regulators, law enforcement agencies, governmental institutions, tribunals and courts;
15.2. third parties in the context of a possible sale or restructuring of the business;
15.3. where it is necessary to fulfil one or more of the purposes outlined above;
15.4. third party agents, suppliers or contractors providing services to us (including without limitation, information technology and communications service providers, auditors, consultants, insurers, providers of background checks and business risk screening, third parties for marketing or business development purposes) or other professional advisers, agents or third parties providing services in relation to any matter on which we have been instructed;
15.5. other members or associates of your organisation;
15.6. any registrar of a public register where the data is to be held in a public registry;
15.7. a regulatory, governmental or judicial authority with whom we consider we are or may be legally obliged to share your Personal Information; or
15.8. should you apply for a position with us, we may disclose your personal information for the purposes of seeking references and confirmation of the details which you have provided.
16. Where we share your Personal Information, whether internally or externally, we will ensure that the sharing of such data is kept to the minimum necessary.
17. Where Edward Scott and Co is entering into an engagement with a third party pursuant to which Personal Information may be processed by that third party, we will seek to enter into an agreement with that third party setting out the respective obligations of each party and will seek to be reasonably satisfied that the third party has measures in place to protect such Personal Information against unauthorised or accidental use, access, disclosure, damage, loss or destruction.
18. If we transfer Personal Information from one jurisdiction to another, we will ensure, prior to carrying out the transfer, that the third party recipient meets the relevant data protection requirements applicable to the Personal Information being transferred. This may include only transferring the Personal Information where we are satisfied that:
18.1. the recipient has agreed through contract to protect the Personal Information in accordance with the Data Protection Legislation applicable to the Personal Information being transferred;
18.2. the jurisdiction to which the Personal Information is being transferred has data protection laws similar to those applicable to the Personal Information being transferred;
18.3. we have obtained consent from relevant data subjects to the transfer; or
18.4. if transferred to the United States of America, the transfer will be to organisations that are part of the Privacy Shield.
19. We will not rent or sell Personal Information we hold to any other organisation or individual.
Rights of data subjects
20. Data subjects in the European Union (or any jurisdiction with equivalent legislation to the GDPR) have certain rights in respect of their Personal Information. These rights have effect in Jersey to the extent provided by the Data Protection (Jersey) Law 2018 and the Data Protection Authority (Jersey) Law 2018.
21. You have the following rights in respect of Personal Information:
21.1. the right to access and port Personal Information;
21.2. the right to rectify Personal Information;
21.3. the right to restrict the use of Personal Information;
21.4. the right to request that Personal Information is erased; and
21.5. the right to object to processing of Personal Information.
22. Where we have relied on consent to process your Personal Information, you have the right to withdraw consent at any time.
23. If you wish to exercise any of the rights set out above, please send your request in the first instance to [email protected].
24. You also have the right to lodge a complaint about the processing of your Personal Information either with us or with the Data Protection Authority in Jersey (https://oicjersey.org).
25. Please let us know as soon as possible if any of your Personal Information changes (including your correspondence details). Failure to provide accurate information or to update information when it changes may have a detrimental impact upon our ability to provide services to you.
24. Edward Scott and Co only keeps data for as long as necessary to fulfil the purposes (as set out above) for which we collected it. The Edward Scott and Co policy is to retain data in relation to a client matter for at least 11 years from the conclusion of that matter. This is subject to certain exceptions (including in instances where the personal data is relevant to a dispute after closure of the matter or where the data cannot be deleted for legal, regulatory or technical reasons).
25. Any requests for further information in relation to the continued processing of specific data, and requests for destruction of data, should be made to [email protected].
Retention of Personal Information
26. Edward Scott and Co only keeps Personal Information for as long as necessary to fulfil the purposes (as set out above) for which we collected it or as required to comply with any legal obligations to which we are subject. Our policy is to retain Personal Information in relation to a client matter for at least 11 years from completion of that matter or termination of our engagement on that matter. This is subject to certain exceptions including:
26.1. where the matter relates to trust, wills and probate, or property in which case the Personal Information may be kept indefinitely;
26.2. where we consider it necessary to protect ourselves from a legal claim or potential dispute in connection with any services we have provided, we will keep the Personal Information for the relevant limitation period; or
26.3. where the Personal Information cannot be deleted for legal, regulatory or technical reasons.
Security of Personal Information
27. We will ensure that the personal information that we hold is subject to appropriate and reasonable security measures.
How to contact us
General information and disclaimers
1. The content of our website is provided for general information purposes only. It does not constitute legal or other professional advice and nor should it be used as such. Edward Scott and Co accepts no responsibility or liability whatsoever for any loss which may arise from the use of our website or the content of any of its pages. You should take legal advice on any matter which concerns you. If you require advice, please get in touch with your usual contact at Edward Scott and Co or through the contacts page on our website.
2. Our website is subject to the law of Jersey and the jurisdiction of the Jersey courts. Any communication with our website shall be deemed to have taken place in Jersey, Channel Islands, irrespective of where the remote user may be physically located.
3. No responsibility or liability is accepted in relation to any computer virus or similar defect which may have infected our website. Users of our website must take their own precautions regarding virus protection and security.
4. We are not responsible in any respect for the content of any other website to which you may gain access from our website, or from which you may have gained access to our website, or for the consequences of your use of those websites. We accept no responsibility or liability in connection with any such links or websites whatsoever.
5. Copyright in text, publications, graphics, design, look, appearance, selection and the content and arrangement of information on our website is owned by Edward Scott and Co and is protected by all applicable copyright laws and international treaties.
6. The materials on our website are provided as a public information resource only. Permission is granted to download and print single copies of such materials for the user’s information only provided that such copies clearly show the Edward Scott and Co name and logo and no charge is made for such printing. No other copying, distribution, modification, re-publication or other use of the materials on our website is permitted without the express written permission of Edward Scott and Co.
7. Edward Scott and Co is a registered business name for our legal practice.
8. We are regulated by the Jersey Law Society for professional conduct matters and by the Jersey Financial Services Commission for the purposes of the prevention of money laundering and terrorist financing in respect of the services we provide that fall within the scope of Schedule 2 of the Proceeds of Crime (Jersey) Law 1999.
9. We are registered for data protection purposes with the Office of the Information Commissioner in Jersey.
Anti-bribery and corruption
10. It is our policy to conduct our business in an honest and ethical manner and we will not tolerate bribery or corruption of any sort.
11. We are committed to acting professionally, fairly and with integrity in all our business dealings and relationships and we seek to implement and enforce effective systems to counter bribery and corruption. We will respect all laws relevant to countering bribery and corruption that are, or may be, applicable to our business.
Legal Notice last updated: January 2023