Flynn O'Driscoll

Privacy

PRIVACY POLICY

 

This website is operated by Flynn O’Driscoll LLP (“FOD” / “we” / “us”/ “our”), a business law firm with its headquarters located at No.1 Grant’s Row, Lower Mount Street, Dublin 2, Ireland.

Under this Privacy Policy (the “Policy”), we will be what’s known under the General Data Protection Regulation (EU) 2016/679 (the “GDPR”) as the “controller” of the personal data you provide to us.

We respect your right to privacy and take seriously our responsibilities in relation to the processing of personal data. We do not collect or process personal data unnecessarily. We do not knowingly attempt to solicit or receive information from children.

This Policy sets out important information about:

  • how we process your personal information in connection with your use of this website (www.fod.ie) (“our Site” or “the Site”) and/or in relation to the provision of our services (the “Services”);
  • the legal basis we rely upon to do this; and
  • your rights.

Please read this Policy to learn more.

OTHER TERMS THAT MAY APPLY TO YOU 

If you join our team, whether as an intern, pre-trainee, trainee, solicitor, associate, partner, consultant or as a technical, administrative, operational or other employee of the firm, additional terms and policies will apply and be notified to you. Our Letter of Engagement and Terms of Business also governs our relationship with clients and the provision of our Services in relation to any particular legal matter.

ABOUT THE INFORMATION WE COLLECT

We will collect and process the following data about you for the following purposes:

Information you give us.

Your Data. This is information about you that you give us by filling in forms on our Site or by corresponding with us by telephone, e-mail, post or otherwise in relation to the Services or any particular or ancillary matter. This includes information you provide when you use our Site, or report a problem with our Site, or when you use the Services.

The information you give us may include:

  • AML Data: your Identity Data, passport details including passport number, nationality, photograph, proof of address,andother know-your-customer information.
  • Applicant Data: your Identity Data and any other personal data related to you that is contained in any application made by you for any internship, traineeship,secondment or any other programme, position or role with us.
  • Identity Data: your full name, address, e-mail address, telephone number, address, age, title, personal public service (PPS)number, photograph, image and personal description.
  • Financial Data: your financial personal data, including your bank account details, billing contact email address, PRSI number (or equivalent), tax type and status, and VAT number.

Information we collect about you.

Automatically Collected Information. With regard to each of your visits to our Site we will automatically collect the following information:

  • Technical Data: technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform, how often you use the application and other performance data; and
  • Usage Data: information about your visit, including the full Uniform Resource Locators (URL), clickstream to, through and from our site (including date and time), products you viewed or searched for, page response times, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, and any phone number used to call us.

We collect this personal data by using cookies and other similar technologies. We may also receive Technical Data and Usage Data about you if you visit other websites employing our cookies. Please see our Cookie Policy for further details.

Special categories of personal data.

We do not require or collect any personal data that is your sensitive personal data or any special category of personal data under the GDPR, unless you decide to provide this information to us and/or this information is required to help us ensure a safe place of work and comply with government guidelines and public health advice.

  

COOKIES

What are cookies and why we use them?

“Cookies” are small text files which are stored by your browser on your computer and are normally used to gather statistical information and to analyse trends of use or access to a website.

Cookies may be placed on your computer or internet-enabled device whenever you visit us online. This allows the site to remember your computer or device and serves a number of purposes. For example, cookies may be used to save your personal preferences so you do not have to re-enter them each time you access the Site.

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this Site may become inaccessible or may not function properly. For more information about the cookies we use and to manage your cookie preferences, please see our Cookie Policy.

 

WHAT WE DO WITH YOUR INFORMATION 

We will only use your personal information when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

  • Where we need to perform the contract we are about to enter into or have entered into with you.
  • Where it is necessary for our legitimate interest (or those of a third party) and your interests and fundamental rights do not override those interests.
  • Where we need to comply with a legal or regulatory obligation.

  

We have set out in the table below a description of the way we plan to use your personal data and the legal basis we rely on to do this. Where you see legitimate interests mentioned in the table below, we have included additional information about the legitimate interests pursued.

Purpose/Activity

Type of data

Legal basis for processing

To respond to your queries and to provide you with the Services and/or the information you request from us in relation to our Services.

  • Identity Data
  • AML Data
  • Technical Data
  • Usage Data
  • Necessary for our legitimate interests (to respond to new or existing customer queries and grow our business)
  • Performance of a contract with you
  • Necessary to comply with a legal obligation (AML / Know-Your-Customer compliance)

To conduct conflict checks and client due diligence checks.

  • Identity Data
  • AML Data
  • Financial Data
  • Necessary to comply with a legal obligation

To make or manage payments, fees, charges, taxes or duties and to collect and recover money owed to us.

  • Identity Data
  • AML Data
  • Financial Data
  • Performance of a contract with you
  • Necessary for our legitimate interests (to recover debts due to us)
  • Necessary to comply with a legal obligation

To complete any forms, filings or submissions required during the performance of a contract with you, including (but not limited to) filings with the Companies Registrations Office.

  • Identity Data
  • AML Data

 

  • Performance of a contract with you
  • Necessary to comply  with a legal obligation

To manage our relationship with you, including notifying you about changes to the Services, or our Privacy Policy.

  • Identity Data
  • Technical Data
  • Usage Data
  • Performance of a contract
  • Necessary to comply with a legal obligation
  • Necessary for our legitimate interests (to keep our records updated and to study how clients use our products and services).

To conduct calls and meetings by teleconference and videoconference using online platforms, such as Microsoft Teams.

  • Identity Data
  • Technical Data
  • Performance of a contract
  • Necessary for our legitimate interests (to develop our products or Services and grow our business)

To provide you with information and updates about the Services or events we offer that are similar to those that you have enquired about.

  • Identity Data
  • Technical Data
  • Usage Data
  • Necessary for our legitimate interests (to develop our products or Services and grow our business)

To provide you with updates, information and other service communications and electronic publications, including updates in relation to changes in the law or events that may affect or relate to you and/or your business.

  • Identity Data
  • Technical Data
  • Usage Data
  • Performance of a contract
  • Necessary to comply with a legal obligation
  • Necessary for our legitimate interests (to develop and grow our business and to keep our clients informed).

Purpose/Activity

Type of data

Legal basis for processing

Where you have given us your consent to do so, to provide you with information about other services or events we feel may interest you.

  • Identity Data
  • Technical Data
  • Usage Data

Consent

Where you have subscribed to receive our newsletter (an electronic publication), to issue our newsletter to you by email.

  • Identity Data
  • Technical Data
  • Usage Data

Consent

To promote, organise and present webinars and other events.

  • Identity Data
  • Technical Data
  • Usage Data
  • Consent
  • Necessary for our legitimate interests (to develop and grow our business and to keep our clients informed).

To ensure that content is presented in the most effective manner for you and for your computer or device.

  • Identity Data
  • Technical Data
  • Usage Data

Necessary for our legitimate interests (to keep our Site and the Services updated and relevant and to develop and grow our business).

To administer and protect our business, our Site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes.

  • Identity Data
  • Technical Data
  • Usage Data

Necessary for our legitimate interests (for running our business and as part of our efforts to keep our Site and the Services safe and secure)

To set and use strictly necessary cookies in the operation of our Site.

  • Identity Data
  • Technical Data
  • Usage Data

Necessary to comply with a legal obligation.

To set and use optional cookies, including analytical, performance and functionality cookies, to improve our Site and enhance your use of it.

  • Identity Data
  • Technical Data
  • Usage Data

Consent

To administer and manage, and to review and process applications made to, our internship, pre- traineeship, traineeship, secondment and any other similar programmes of training or applications for employment with us.

 
  • Applicant Data
  • Identity Data
  • Performance of a contract
  • Necessary to comply with a legal obligation
  • Necessary for our legitimate interests (to continue to attract new talent and develop and grow our business).
 
 To use data analytics to improve or optimize our Services, client relationships and experiences.
  • Technical Data
  • Usage Data
 
  • Performance of a contract
  • Necessary to comply with a legal obligation
  • Necessary for our legitimate interests (to continue to attract new talent and develop and grow our business).
 
To measure or understand the effectiveness of advertising we serve to you and others, and, where applicable, to deliver relevant advertising to you.   
  • Identity Data
  • Technical Data
  • Usage Data
Necessary for our legitimate interests (to study how customers use our products or Services, to develop them, to grow our business and to inform our marketing strategy). 
 

To maintain a visitor log of those who visit our offices.

 
  • Identity Data
Necessary to comply with a legal obligation to ensure the health and safety of individuals in the workplace.
To record and maintain CCTV footage and other information obtained through electronic means such as swipe card records. 
  • Identity Data
  • Technical Data
  • Usage Data
 
  • Compliance with a legal obligation
  • Performance of a contract
  • Legitimate interests (for the safety and security of our firm, business, employees, clients and visitors)
  • In contemplation of or for the establishment, exercise or defence of, a legal claim, prospective legal claim, legal proceedings or prospective legal proceedings whether before a court, statutory tribunal, statutory body or an administrative or out-of-court procedure.
 

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us at info@fod.ie. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. Please note that we may process your personal data without your knowledge or consent, in compliance with this Policy, where this is required or permitted by law.

How long we keep your information

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. This means that the period of time for which we store your personal data may depend on the type of data we hold. 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. For more information about our data retention policies please contact us at info@fod.ie.

DISCLOSURE OF YOUR INFORMATION

We do not sell your personal information to third parties for marketing purposes.

We may disclose information to third parties if you consent to us doing so as well as in the following circumstances:

You agree that we have the right to share your personal information with the following recipients or categories of recipients:

  • Any department or authorised person within our firm or any member firm within our group.
  • Selected third parties including:

    - barristers, legal counsel, consultants, expert witnesses, advisors, transcription and technology service providers, including IT service and support services and data room providers; and debt collection agencies;

    - business partners, suppliers and other sub-contractors for the performance of any contract we enter into with them or you in relation to the Services;

    - third parties involved in hosting or organising events, seminars or webinars with or for us

    - third parties we engage to provide marketing automation platform services and email marketing services (where we have a valid legal basis to send such marketing communications to you);

    - our professional and legal advisors;

    - our financial and legal auditors (including auditors of the Law Society of Ireland) and any other regulatory or government agency, authority (including any tax authority, the HSE or any other public health authority) or department whose rules, regulations or orders apply to the conduct of our business and/or the provision of the Services;

    - analytics and search engine providers that assist us in the improvement and optimisation of our Site;

    - credit reference agencies for the purpose of assessing your credit score to the extent this is a condition of us entering into a contract with you.

We will disclose your personal information to third party recipients:
  • in the event that we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of our business or assets.
  • if all or substantially all of our business or assets are acquired by or transferred to a third party whether in the event of a merger, reorganisation, transfer of undertakings, winding up or dissolution or any other similar circumstances, in which case personal data held by it about our clients will be one of the transferred assets.
  • if we are under a duty to disclose or share your personal data with any regulatory or other official authority or in order to comply with any law, legal obligation or court order, or in order to enforce rights under the GDPR or other agreements.
  • to protect our rights, property or safety, our customers, or others. This includes exchanging information with other companies and organisations for the maintenance and security of the Site and Services.

INTERNATIONAL TRANSFERS

Our servers are located in Ireland.

Personal data may be transferred to our trusted partners and service providers who maintain their servers outside of the European Economic Area (“EEA”), where the privacy and data protection laws may not be as protective as those in your jurisdiction. This is only for the purposes of providing, and to the extent necessary to provide, the Services to you.

We appreciate that there are special requirements set out under Chapter V of the GDPR (with which we would comply) to regulate such data transfers and ensure that adequate security measures are in place to safeguard and maintain the integrity of your personal data on transfer.

For more information about this and the safeguards in place relating to the transfer, please contact us at info@fod.ie

SECURITY MEASURES

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 of a breach where we are legally required to do so.

YOUR PERSONAL DATA AND YOUR RIGHTS

Accessing your Personal Data.

You may request access at any time to a copy of the personal data we hold about you. Any such request should be submitted to us in writing and sent to info@fod.ie. We may need to verify your identity in such circumstances and may request more information or clarifications from you if needed to help us locate and provide you with the personal data requested.

There is usually no charge applied to access your personal data (or to exercise any of the other rights). However, if your request is clearly unfounded, repetitive or excessive, we may charge a reasonable fee. Alternatively, we may refuse to comply with your request in these circumstances.

Right of Restriction.

You may restrict us from processing your personal data in any of the following circumstances:

  • you have contested the accuracy of the personal data we hold on record in relation to you or for a period of time to enable us to verify the accuracy of the personal data;
  • the processing of your personal data is unlawful and you request the restriction of use of the personal data instead of its erasure;
  • we no longer require your personal data for the purpose of processing but you require this data for the establishment, exercise or defence of legal claims; or
  • where you have contested the processing (under Article 21(1) of the GDPR) pending the verification of our legitimate grounds.

Corrections or Erasure (Right to Rectification and Right to Be Forgotten).

If we hold personal data concerning you which are no longer necessary for the purposes for which they were collected or if you withdraw consent for us to process your personal data, you can request the deletion of this personal data. This right, however, will not apply where we are required to process personal data in order to comply with a legal obligation or where the processing of this information is carried out for reasons of public interest in the area of public health. If the personal information we hold about you is inaccurate, you may request to have your personal information updated and corrected. To do so at any time, please contact us at info@fod.ie

Your Right to Object.

You have the right to object to the processing of your personal data at any time:

  • for direct marketing purposes
  • for profiling to the extent it relates to direct marketing
  • where we process your personal data for the purposes of legitimate interests pursued by us, except where we can demonstrate compelling legitimate grounds for this processing which would override your interests, rights and freedoms or in connection with the enforcement or defence of a legal claim.

To exercise your right to object at any time, please email us at info@fod.ie

Should this occur, we will no longer process your personal data for these purposes unless doing so is justified by a compelling legitimate ground as described above. For more information about our marketing practices, please see the Marketing Communications section below.

Data Portability.

Where we process your personal data by automated means (i.e., not on paper) and this processing is based on your consent or required for the performance of a contract between us, you have the right to request from us a copy of your personal data in a structured, commonly used machine-readable format and, where technically feasible, to request that we transmit your personal data in this format to another controller.

Profiling.

Profiling is an automated form of processing of personal data often used to analyse or predict personal aspects about an individual person. This could relate to a person’s performance at work, economic situation, health, personal preferences, reliability, behaviour, location or movements. An example of this would be where a bank uses an automated credit scoring system to assess and reject a loan application.

We, however, do not engage in profiling or automated processing for profiling purposes.

Personal Rights

The rights described in this section are personal rights and are exercisable only by the individual person (or data subject) concerned.

MARKETING COMMUNICATIONS

General.

We will not use your data to send marketing communications to you about promotions, competitions, updates and new products or services that may be of interest to you, unless we have your permission to do so.

Your right to object.

You have the right to object to the processing of your personal data for our marketing purposes. To object or if you change your mind at any later time, you can withdraw your consent to the processing of your personal data for such marketing purposes by contacting us at info@fod.ie You may also opt out of receiving marketing communications at any time by selecting the unsubscribe option when you receive an electronic marketing communication from us. The withdrawal of your consent will not impact upon the lawfulness of processing based on your consent prior to the withdrawal.

Networking and events.

If you follow or connect with us on any social media platform and/or register to attend, and attend, any event, seminar or webinar we host, manage or participate in, you understand we will process certain personal data relating to you for these purposes and to communicate with or respond to you in this way. You will be free at any time to opt out of receiving updates or information from us about our future events or seminars by contacting us at info@fod.ie or by selecting the unsubscribe option. Your account with and use of any third party social media platforms will be subject to their respective terms and conditions.

THIRD PARTY MATERIAL

We always endeavour to deal with vendors and other third parties who are GDPR compliant or, in the case of the third parties located outside of the EEA who have adequate security measures in place to safeguard the security of personal data. That said, we, our employees, agents, holding company and subsidiaries, accept no liability howsoever arising for the content or reliability of any third party materials or websites referenced by hyperlink or other means on the Site or for the data collection and use practices or security measures used by such third parties. If you submit personal data to any of those sites, your personal data is governed by their privacy policy. We encourage you to carefully read their privacy policies.

CHANGES TO THIS POLICY

Any changes made to this Policy from time to time will be published at the Site.

Any material or other change to the data processing operations described in this Policy which is relevant to or impacts on you or your personal data, will be notified to you in advance by email. In this way, you will have an opportunity to consider the nature and impact of the change and exercise your rights under the GDPR in relation to that change (e.g., to withdraw consent or to object to the processing) as you see fit.

QUESTIONS OR COMPLAINTS

Contact Us:

If you have any questions or complaints relating to this Policy, please contact us at:

Flynn O’Driscoll LLP
No. 1 Grant’s Row
Lower Mount Street
Dublin 2
Ireland

E info@fod.ie

Supervisory Authority. We are committed to complying with the terms of the GDPR and to the processing of personal data in a fair, lawful, transparent and responsible way. If, however, you believe that we have not complied with our obligations under the GDPR, you have the right to lodge a complaint with the Data Protection Commission in Ireland.

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