Privacy Policy | Legals
Blanchardstown, Dublin 15 | Mount Street, D2

Carmody Moran Solicitors LLP are committed to safeguarding the privacy of our website visitors; this policy sets out how we will treat your personal information.

This Privacy Notice was last updated on 7 April 2022.

This Privacy Notice explains what personal information Carmody Moran Solicitors LLP (in our capacity as Data Controller) may hold about you, what we use that information for, and who we share that information with.  It also sets out your rights in relation to your information and who you can contact for more information or if you have any queries or concerns about the use of your data.

Any reference to ‘we’, ‘our’ or ‘us’ means Carmody Moran Solicitors LLP (“the LLP”).  Carmody Moran is the trading name of the partners of Carmody Moran Solicitors LLP. Carmody Moran Solicitors LLP is a data controller due to our professional obligations which oblige us to take responsibility for your personal data.

Carmody Moran Solicitors LLP is authorised by The Legal Services Regulatory Authority, pursuant to section 125 of the Legal Services Regulation Act 2015, to operate as a Limited Liability Partnership (“LLP”).

Scope

We take data protection very seriously and we are committed to safeguarding your personal information. This Privacy Notice describes how we use your personal information that we obtain through:

  • Assisting you with a legal matter and related services, such as mediation, litigation etc.;
  • Meeting you in conferences and other events;
  • You having signed up for marketing communications or having made an online enquiry including on our websites www.carmodymoran.ie on www.Executor.ie or on www.familylawsolicitor.ie
  • An employment relationship or via a contract for services, and
  • Any other means.

In this Privacy Notice your personal information is sometimes called “personal data”.  We refer to handling, collecting, protecting or storing your personal information as ‘processing’.  Although you do not have to provide any of your personal  to us, if we ask you to do so and you decline, we may be unable to provide you with some or all of the service(s) or contractual arrangements you want from us.

Personal information will be held and processed at our offices and those of our third-party service providers and by other representatives or appointed agents (see the section below on ‘Sharing personal information‘).  Personal data will also be processed outside our offices where necessary, for example, if we have to represent you at Court or travel to meet you at your own home.

Our websites https://carmodymoran.ie , www.Executor.ie and www.familylawsolicitor.ie use cookies. By using our website(s) and agreeing to this policy, you consent to our use of cookies in accordance with the terms of this policy.

In this Privacy Notice the following definitions shall apply:

Client Personal Data” means any personal data provided to us by you, or on your behalf, for the purpose of providing our services to you, pursuant to our engagement letter with you;

“Personal Data” means information relating to—

  1. a)  an identified living individual, or
  2. b)  a living individual who can be identified from the data, directly or indirectly, in particular by reference to—

i.) an identifier such as a name, an identification number, location data or an online identifier, or
ii.) one or more factors specific to the physical, physiological, genetic, mental, economic,

cultural or social identity of the individual;

Controller” means—

  1. a)  a competent authority that, whether alone or jointly with others, determines the purposes and means of the processing of personal data, or
  2. b)  where the purposes and means of the processing of personal data are determined by the law of the European Union or otherwise by the law of the State, a controller nominated—
    1. (i)  by that law, or
    2. (ii)  in accordance with criteria specified in that law;

Data Protection Legislation” means all applicable privacy and data protection legislation and regulations including the General Data Protection Regulation EU 2016/679 as supplemented by the Data Protection Act 2018 and any amendments (if any) together with other laws which relate to privacy and electronic communications;

Data Subject” means an individual to whom personal data relate;

Joint Controller” means, where 2 or more controllers jointly determine the purposes and means of the processing of personal data (referred to as “joint controllers” per the Data Protection Bill 2018), they shall determine their respective responsibilities for compliance in a transparent manner by means of an agreement in writing between them, save in so far as the said responsibilities are determined by the law of the European Union or the law of the State.

“Processing” of or in relation to personal data, means an operation or a set of operations that is performed on personal data or on sets of personal data, whether or not by automated means, including—

  1. a)  the collection, recording, organisation, structuring or storing of the data,
  2. b)  the adaptation or alteration of the data,
  3. c)  the retrieval, consultation or use of the data,
  4. d)  the disclosure of the data by their transmission, dissemination or otherwise
  5. e)  making the data available,
  6. f)  the alignment or combination of the data, or
  7. g)  the restriction, erasure or destruction of the data;

Processor” means an individual who, or a legal person, public authority, agency or other body that, processes personal data on behalf of a controller, but does not include an employee of a controller who processes such data in the course of his or her employment;

 

“Special Categories of Personal Data” means—

a) personal data revealing—

i.)  the racial or ethnic origin of the data subject,

ii.)  the political opinions or the religious or philosophical beliefs of the data subject, or

iii.) whether the data subject is a member of a trade union,

b) genetic data,
i) biometric data for the purposes of uniquely identifying an individual,
ii) data concerning health, or
iii) personal data concerning an individual’s sex life or sexual orientation.

 

(1) What information do we collect?

 

We may collect, store and use the following kinds of personal information:

(a) information about your computer and about your visits to and use of this website including your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views, website navigation and device type;

(b) information that you provide to us for the purpose of registering with us;

(c) information that you provide to us for the purpose of making an online enquiry, subscribing to our website services, email notifications and/or newsletters and

(d) any other information that you choose to send to us.  Before you disclose to us the personal information of another person, you must obtain that person’s consent to both the disclosure and the processing of that personal information in accordance with the terms of this privacy policy.

 

(2) Cookies

A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server. This enables the web server to identify and track the web browser.

We may use both “session” cookies and “persistent” cookies on the website. Session cookies will be deleted from your computer when you close your browser. Persistent cookies will remain stored on your computer until deleted, or until they reach a specified expiry date.

We will use the session cookies to: keep track of what content is of interest to you when you navigate the website; prevent fraud and increase website security; and to improve the usability of thewebsite. We may use the persistent cookies to: enable our website to recognise you when you visit and keep track of your preferences in relation to your use of our website.

We use Google Analytics to analyse the use of this website. Google Analytics generates statistical and other information about website use by means of cookies, which are stored on users’ computers. The information generated relating to our website is used to create reports about the use of the website. Google will store this information. Google’s privacy policy is available at: http://www.google.com/privacypolicy.html.

Most browsers allow you to reject all cookies, whilst some browsers allow you to reject just third party cookies. For example, in Internet Explorer (version 9) you can refuse all cookies by clicking “Tools”, “Internet options”, “Privacy”, and selecting “Block All Cookies” using the sliding selector. Blocking all cookies will, however, have a negative impact upon the usability of many websites.

(3) Using your personal information

Personal information and/or personal data is anything that enables you to be identified or identifiable, such as your name, address, email address and telephone number.

Additionally, in legal matters and in employment relationships, for example, we may need to process what is known as “special category personal data”.  This means information which reveals any of the following: racial or ethnic origin; political opinions; religious or philosophical beliefs; trade union membership; genetic or biometric data; information concerning health, sex life or sexual orientation.  If we have to process this kind of data about you, we may ask for your consent.  However, your consent is not required where, for example, the details are necessary to pursue legal claims, defend legal rights or obtain legal advice; the information has already been made public by you; it relates to the statutory provisions of the LLP’s employees; or, it is necessary for reasons of public health (such as in a pandemic), or public interest (such as to prevent crime and for the publication of legal judgments).

Collection of personal information

Below are some examples of how you may provide personal information to us:

  • Giving us instructions or being identified as a beneficiary (e.g. of a trust or a will);
  • Contacting us (e.g. by mail, email, or telephone);
  • Searching and browsing our website for content (which allows us to see your IP address);
  • Submitting information via our website;
  • Subscribing to newsletters and/or publications or downloads;
  • Registering for or participating in events and conferences;
  • Providing us with business cards or other contact information;
  • Providing us with personal identification documentation (or electronic ID checks);
  • Submitting CVs, resumes or work history information; and
  • Employment records (including sickness and disciplinary matters, etc).
  • Medical records (for example in connection with a matter concerning legal capacity, or a litigation matter).

We collect most of this information from you direct.  However, we may also collect information from:

  • Publicly accessible sources, e.g. Companies Registration Office, The Property Registratin Authority or the Land Registry, a company website or judgement, insolvency, and bankruptcy searches;
  • Client due diligence and sanctions screening providers;
  • A third party with your agreement, e.g. your financial adviser, accountant, or your doctor; or
  • Publicly available information in the media, on the internet or via social media.

We may also need to record and retain information about criminal allegations, proceedings, convictions, or any related security measures.

Personal information submitted to us via this website will be used for the purposes specified in this privacy policy or in relevant parts of the website.

We may use your personal information to:

(a) provide legal advice and services

(b) administer and manage the website and  improve your browsing experience by personalising the website;

(c) enable your use of the services available on the website;

(d) send you general (non-marketing) commercial communications;

(e) send you email notifications which you have specifically requested;

(f) send you our newsletter and other marketing communications relating to our business which we think may be of interest to you, by post or, where you have specifically agreed to this, by email or similar technology (and you can inform us at any time if you no longer require marketing communications);

(g) provide third parties with statistical information about our users – but this information will not be used to identify any individual user;

(h) deal with enquiries and / or complaints made by or about you relating to the website;

(i) to manage contracts of employment or contracts for services

(j) keep the website secure and prevent fraud;

(k) verify compliance with the terms and conditions governing the use of the website.

Where you submit personal information for publication on our website, we will publish and otherwise use that information in accordance with the licence you grant to us.

We will not, provide your personal information to any third parties for the purpose of direct marketing.

Legal grounds for processing personal information

We rely on one or more of the following processing conditions to:

  • Perform our contractual obligations to you (or taking requested steps before entering into a contract);
  • Satisfy any legal and regulatory obligations to which we are subject;
  • Satisfy our legitimate interests (or those of a third party) in the effective delivery of information and services to you and in the effective and lawful operation of our businesses (provided these do not infringe your rights); or
  • (Where no other condition for processing is available) if you have agreed to us processing your personal information.

If you provide us with any personal data about a third party (including special category data) which is relevant to your relationship with us, for example an employee or beneficiary in relation to your legal matter, we will have a lawful basis for processing that information. However, you should ensure that you are entitled to disclose those personal details to us before doing so.

 

(4) Disclosures

We may disclose your personal information to any of our

employees, officers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this privacy policy.

In addition, we may disclose your personal information:

(a) to the extent that we are required to do so by law;

(b) in connection with any ongoing or prospective legal proceedings;

(c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);

(d) to the purchaser (or prospective purchaser) of any business or asset that we are selling; and

(e) to any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information.

Except as provided in this privacy policy, we will not provide your information to third parties.

Sharing personal information

We may share (transfer or disclose) the personal data we collect from you with others instructed in or connected with your legal matter and to third parties including with:

  • Counsel (barristers) and experts;
  • Other law firms and lawyers;
  • Insurers (including brokers);
  • Mortgage lenders or funding providers;
  • Advisers or agents (such as those with a Power of Attorney and personal representatives);
  • Legal Cost Accountants;
  • Electronic identity verification system providers;
  • The LLP’s bankers, accountants, solicitors, insurers, and other consultant advisers including regulatory support and compliance service providers;
  • Counterparties and their agents (e.g. in relation to litigation or to the sale of an asset);
  • Solicitors for the other party (e.g. sensitive personal data disclosed in relation to family proceedings);
  • Assessment bodies for accreditation purposes and legal directories;
  • The Law Society of Ireland, the Courts Services, the Revenue Commissioners or banks (in relation to automatic exchange of tax information);
  • Outsourced and other external service providers (e.g. translation, secretarial, photocopying or IT and ‘cloud’ services including those IT providers with third party links on our website for data capture);
  • Service providers who provide IT and system administration services including cloud based services and applications.
  • Service providers who provide software development services.
  • Service providers who provide business administration services, including third party dictation, typing and transcription services and external file storage and archiving services.
  • Marketing consultants and event organisers;
  • Another business (for the purpose of due diligence, e.g. if selling or merging our business); or
  • Third party processors (for example where you apply for jobs through our website or enquire about legal advices through our website’s bespoke system).

Where we need to  transfer, share, or disclose personal data to other third parties not already included in this Privacy Notice, we will endeavour not to do so without first informing you of their identity and the reason we believe such disclosure, sharing or transfer is necessary.

It is our policy to use only third parties that we are satisfied will (a) maintain appropriate levels of security and confidentiality; and (b) process personal information only as instructed by us.

Other disclosures

We may also disclose personal data to third parties in the following circumstances:

  • When explicitly requested by you;
  • To a Court, law enforcement, regulatory and other government agencies and to professional bodies and other third parties, as required by / in accordance with applicable law or regulation; or
  • As otherwise set out in this Privacy Notice.

(5) International data transfers

Information that we collect may be stored and processed in and transferred between any of the countries in which we operate in order to enable us to use the information in accordance with this privacy policy.

Information which you provide may be transferred to countries (including the United States) which do not have data protection laws equivalent to those in force in the European Economic Area.

In addition, any personal information that you submit for publication on the website will be published on the internet and may be available, via the internet, around the world. We cannot prevent the use or misuse of such information by others.

You expressly agree to such transfers of personal information.

 

(6) Security of your personal information

We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.

We will store all the personal information you provide on our secure password and firewall-protected)servers.

You acknowledge that the transmission of information over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.

Although we use appropriate security measures once we have received your personal data, the transmission of data over the internet (including by email) is never completely secure.  We therefore cannot guarantee the security of data transmitted to or by us via email.

(7) Policy amendments

We may update this privacy policy from time to time by posting a new version on our website. You should check this page occasionally to ensure you are happy with any changes.

We may also notify you of changes to our privacy policy in writing or by email.

(8) Your rights

You may instruct us to provide you with any personal information we hold about you. Provision of such information will be subject to:

the supply of appropriate evidence of your identity (for this purpose, we will usually accept a photocopy of your passport certified by a solicitor or bank plus an original copy of a utility bill showing your current address).

We may withhold such personal information to the extent permitted by law.

You may instruct us not to process your personal information for marketing purposes, by sending an email to solicitor@carmodymoran.ie. In practice, you will usually either expressly agree in advance to our use of your personal information for marketing purposes, or we will provide you with an opportunity to opt out of the use of your personal information for marketing purposes.

Under certain circumstances, you have rights under data protection laws in relation to your personal data. These include:

  • The right to Access – you have the right to request a copy of the personal data that we hold about you, together with other information about our processing of that personal data.
  • The right to Rectification of your personal data – you have the right to request that any inaccurate data that is held about you is corrected, or if we have incomplete information you may request that we update the information such that it is complete.
  • The right to Erasure – you have the right to request us to delete personal data that we hold about you. This is sometimes referred to as the right to be forgotten.
  • The right to Object to processing and restrict processing – you have the right to request that we no longer process your personal data for particular purposes, or to object to our processing of your personal data for particular purposes.
  • The right to Data portability – you have the right to request us to provide you, or a third party, with a copy of your personal data in a structured, commonly used machine readable format.

By consenting to this privacy notice you are giving us permission to process your personal data for the purposes identified.

If we are processing personal data based on your consent, you may withdraw that consent at any time. This does not affect the lawfulness of processing which took place prior to its withdrawal.

You can see more about these rights at:

www.dataprotection.ie

Should you require any further details regarding our treatment of personal data, please contact our Data Protection Officer, Anthony Carmody.

You will not have to pay a fee to access your personal data for a GDPR Request, however, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

If you are not happy with any aspect of how we collect and use your data, you have the right to complain to the Data Protection Commission (DPC), the Irish supervisory authority for data protection issues (www.dataprotection.ie).

Please contact us first if you do have a complaint so that we can try to resolve it for you.

(9) Third party websites

The website contains links to other websites. We are not responsible for the privacy policies or practices of third party websites.

(10) Updating information

Please let us know if the personal information which we hold about you needs to be corrected or updated.

(11) Contact

It is our policy to collect only such information from you to enable us to perform our service to you. If you believe we have collected excessive data about you or breached your rights, please contact us to raise any concerns you may have.

If you have any questions about this privacy policy or our treatment of your personal information, please contact the person responsible for your legal matter with us and/or write to us by email to solicitor@carmodymoran.ie or by post to Carmody Moran Solicitors LLP, 11/12 The Plaza, Main Street, Blanchardstown, Dublin 15 D15YY2R.

(12) Data controller

The data controller responsible in respect of the information collected on this website is Carmody Moran Solicitors LLP.