Oben Law, Oben Regulatory Limited and Oben Regulatory (IOM) Limited (together “Oben”, “we” or “us”) are registered with the Jersey Data Protection Commissioner and the Isle of Man Information Commissioner respectively. Oben Law and Oben Regulatory Limited are subject to Jersey data protection legislation which from 25 May 2018 is the Data Protection (Jersey) Law 2018 together with any relevant amendments updates and subordinate legislation. Oben Regulatory (IOM) Limited is is subject to the Data Protection Act 2018 together with any relevant amendments updates and subordinate legislation. In addition Oben is subject to the General Data Protection Regulation (“GDPR”), where applicable. Oben is a data controller in respect of the personal data that we process in connection with our business activities.
Oben is committed to protecting and respecting your privacy. As such this policy details the basis upon which we collect and/or process your personal information. Our detailed Data Protection policy is set out in our Terms of Business which will be issued to you upon commencement of any engagement.
Officers of the Court
Nothing in this Privacy Notice detracts from the duties that we owe you as officers of the Court. Our obligations to you under the Data Protection legislation are in addition to those duties.
“Personal data” means information about a living individual (the “data subject”) who can be identified from that data (either by itself or when combined with other information).
What personal data do we collect and how?
We collect and process various categories of personal data at the start of and for the duration of your relationship with us. We will limit the collection and processing of data to information necessary to achieve one or more lawful bases of processing as identified in this notice. Personal data may include:
- Your name and address;
- Your date of birth;
- Your contact details (email address, mobile phone number and landline);
- information about your personal circumstances such as might impact any instructions provided to Oben Law for the purposes of any legal advice or proceedings;
- information about your financial circumstances, including personal wealth, assets and liabilities, income and expenditure as necessary for providing legal advice;
We may also require personal data defined as “special category data” for specific and limited purposes, such as providing legal advice for the purposes of family law proceedings. We will only process special categories of information where we’ve obtained your explicit consent or are otherwise lawfully permitted to do so. This may include:
- race or ethnic origin,
- religious, political or philosophical beliefs;
- trade union membership;
- criminal records; and
- physical or psychological health details or medical conditions.
We may also require personal data relating to your dependents for the purposes of our family law advice.
How we obtain personal data
Your personal data is made up of all the financial and personal information and documentation we collect and hold about you. It includes:
- Information and documentation you give to us;
- Information and documentation that we receive from third parties (to include other law firms) ;
- information and documentation that we learn about you through our relationship with you; and
- information and documentation that we gather from publicly available sources, such as the media, company registers and online search engines).
Basis of use
We may request and process personal information about you prior to our engagement and throughout, in order to meet regulatory and legal requirements. We will require certain personal data in order to properly provide you with advice and/ or assistance through legitimate interest. We will endeavour to set out the purpose for the request in each communication.
We will also require personal information for the following reasons:
- To comply with the requirements of AML legislation
- To ensure we address any conflicts of interest
In addition we may collate information about your visits to and use of this website. This does not identify you individually and relates solely to information such as IP address, browser type, referral source (e.g. social media), length of visit and pages visited. This information is only used as an analytical tool to improve the user experience to our website.
How long do we keep your personal data?
Personal data (including both client and employee information) will be retained for a period of 11 years. This is considered to be an appropriate and proportionate period in order to enable us to comply with our own legal and professional obligations.
Oben has a legal obligation to ensure that the personal information given to us is kept accurate and up to date. Please ensure that any update to your personal information is communicated to us in writing in order that we might update our records.
As a data subject you have certain rights, these include the right of access (commonly known as a subject access request), the right to be informed as to how your personal data is gathered and processed (as set out in this privacy notice), the right to amend your details, the right to be forgotten (or erase your details), the right to restrict what we do with your data, the right to transfer data and also to object to processing. Should you have any questions on this privacy notice or wish to exercise any of your rights please contact firstname.lastname@example.org. or by post marked for the attention of Alexandra Ruddy, 3rd floor, 5 Castle Street, St Helier, JE2 3RT.
Oben’s IT system is controlled and maintained by our IT service provider who ensure that the systems are secure and the correct firewalls, antivirus/ malware protection in place, Emails are scanned for viruses and spam. Our IT infrastructure is secure and access is only permitted by staff via a secure system or by our IT service providers who are also subject to the same data protection legislation. Our premises are secure and can only be accessed by those who are authorised. We also ensure any personal data is kept in filing cupboards that can be locked. Our offsite data storage facilities are secure and maintained by a recognised offsite storage provider.
Sharing with third parties
From time to time we may need to share your personal data with third parties but we shall not do so except:
- where we have your express permission;
- where it is required for the service we provide to you;
- where we are required to by law and by law enforcement agencies, judicial bodies, government entities, tax authorities or regulatory bodies around the world;
- in the event we may need to instruct debt collection agencies; or
- where it is permitted by law, it is necessary for our legitimate interests or those of a third party, and it is not inconsistent with the purposes listed above.
Data Protection Authority
If your queries, concerns or complaints are not resolved by Oben in a satisfactory manner you are entitled to contact the relevant local data protection authority, as below
Data Protection Authority
Address: 2nd floor, 5 Castle Street, St Helier, JE2 3RT.
Tel: +44 (0)1534 716530
Isle of Man Information Commissioner
PO Box 69
Isle of Man