Last update: 04.08.2020
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 information about you
4. We collect personal information either directly from you when you engage us to provide services, from our clients, intermediaries, providers of independent or background checks or publicly available sources.
General visitors to the website
The data we hold
7. Edward Scott and Co processes data in order to provide legal services. The type of data we may collect and process includes:
- contact details (including names, postal addresses, email addresses and telephone numbers);
- information required for Edward Scott and Co to meet legal and regulatory requirements, in particular in respect of anti-money laundering legislation, including information on source of funds and source of wealth;
- 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);
- in certain circumstances, your and others’ signature(s), financial information such as bank account details and payment related information;
- the content of any enquiry submitted over our website; and
- any other information you may provide to us.
8. Edward Scott and Co may also collect and process personal data regarding people connected to you, either by way of professional (or other) association or by way of family relationship.
9. If you apply for a position with Edward Scott and Co 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
10. We process personal data for the following purposes:
- to provide and improve our legal and other services;
- comply with our legal and regulatory obligations;
- to conduct administrative or operational processes within our business;
- to manage our client, intermediary and other business relationships
- to perform a contract which we may have with you;
- to establish, exercise or defend the legal rights of Edward Scott and Co or for the purpose of legal proceedings;
- to process and respond to requests, enquiries or complaints received from you or someone connected to you;
- engaging other service providers to provide services to you;
- for other legitimate business purposes; and
- should you apply for a position with Edward Scott and Co, to review and process your application.
11. We process personal data on the following legal bases:
- to perform a contract to which the data subject is a party;
- to take steps at the request of the data subject with a view to entering into a contract;
- for our legitimate interests including to provide its services to its clients, to ensure our business is conducted efficiently and with a view to enhancing client service, to protect itself and its systems, staff and premises from being misused or the victim of any criminal activity, for the purposes of internal know-how and staff training;
- 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;
- for legal proceedings, obtaining legal advice or establishing, exercising or defending legal rights; and
- where there is no other legal justification available to us, with your consent.
12. In certain instances, personal data 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, legal bases for processing that data may include the processing being necessary for compliance with a legal obligation or the purposes of legal proceedings or legal advice.
13. We do not use automated decision-making in the processing of your personal data.
14. We reserve the right to share your information with third parties in the context of a possible sale or restructuring of the business.
Sources and Recipients of data
15. The sources of data may include clients, intermediaries, data subjects directly, third parties connected to the data subject (for example, their employer or another service provider who provides services to the data subject) or publically available material.
16. The following is a list of potential recipients of data (in each case including respective employees, directors and officers):
- 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;
- to the extent we consider that we are required by law, regulation or court order, for example, if we consider that we are under a duty to disclose your personal information in order to comply with any legal obligation such as our AML obligations;
- third party agents/suppliers or contractors, in connection with the processing of your personal information for the purposes described above. This may include, but is not limited to, IT and communications service providers. It may also include disclosures to our own advisers such as auditors and accountants and any external legal advisors which we may instruct from time to time; and
- 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.
17. Where Edward Scott and Co is entering into an engagement with a third party pursuant to which data 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 data against unauthorised or accidental use, access, disclosure, damage, loss or destruction.
18. In the event that we transfer personal data 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 data being transferred. This may include only transferring the data where we are satisfied that:
- the recipient has agreed through contract to protect the information in accordance with the Data Protection standards applicable to the data being transferred;
- the jurisdiction to which the data is being transferred has Data Protection laws similar to those applicable to the data being transferred;
- we have obtained consent from relevant data subjects to the transfer; or
- 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 data 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 European Union General Data Protection Regulation) have certain rights in respect of their personal data. 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. Any such data subject wishing to exercise any rights under applicable data protection laws (including the right to withdraw any consent to processing previously given; the right of access to data; or to have data corrected, updated, rectified or erased; or for access to data to be restricted or provided to any third party; or to object to any particular processing) should send the request in the first instance to [email protected].
22. In any case in which a data subject chooses not to provide any personal data or where any of the rights set out above are exercised to limit the processing of personal data Edward Scott and Co may be unable to provide relevant services, or there may be a restriction on the services which can be provided.
23. You also have the right to lodge a complaint about the processing of your personal information either with us, with the Data Protection Authority in Jersey (https://oicjersey.org).
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].
Security of data
26. 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.
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 physically be 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. Copyright in text, publications, graphics, design, selection and the arrangement of information in our website is owned by Edward Scott and Co.
5. The materials on our website are provided as a public information resource only. Permission is granted to download and print single copies for the user’s information only. No other copying, distribution, modification, republication or other use of the materials on our website is permitted without the express written permission of Edward Scott and Co.
6. Please note that information and opinions expressed in the publications and documentation available on our website are not intended to be comprehensive nor to provide any specific legal or other professional advice and should not be acted or relied upon as so doing. Professional advice appropriate to the specific situation should always be obtained. For advice on any matter, please speak to the contact named in the relevant document or contact Edward Scott and Co at the address on the contacts and home pages of our website.
7. We provide links to other websites. However, Edward Scott and Co is not responsible in any respect (in particular, for defects in content or by way of computer virus) for any other website to which you may gain access from our website, or for the consequences of your use of it. Be aware that these websites will have their own privacy policies over which Edward Scott and Co has no control.