A. WHO ARE WE?
The websites at cms.law and cms-lawnow.com (our “Websites”) are owned and operated by CMS Legal Services EEIG, for the benefit of all CMS Member Firms and their connected businesses (the “CMS Offices”).
Please see the Legal Information page for information about CMS Offices that operate in each country, including information as to the identities and contact details of the relevant entities, or in some cases a link to where contact details can be found.
CMS Legal Services EEIG is a data controller of Personal Information (as defined below) collected on the Websites. Where CMS Legal Services EEIG shares Personal Information with the CMS Offices, the CMS Offices are also data controllers as explained in this Privacy Notice. Please see below for more information on how CMS Legal Services EEIG shares Personal Information collected on the Websites with the CMS Offices.
CMS Legal Services EEIG is a European Economic Interest Grouping that coordinates CMS Member Firms. It has its head office at: Neue Mainzer Straße 2–4, 60311 Frankfurt, Germany. The contact email address for CMS EEIG is: firstname.lastname@example.org. Its contact telephone number is: +49 69 717 010, its Ust-ID is: DE 257 695 176 and it is registered on Handelsregister A in Frankfurt am Main with the registration number: HRA 44853.
CMS Legal Services EEIG provides no client services. Such services are solely provided by CMS Offices in their respective jurisdictions.
In this Privacy Notice, references to “we”, “us” or “our” means CMS Legal Services EEIG and/or the CMS Offices. References to “you” and “your” are to users of our Websites.
B. APPLICATION OF THIS PRIVACY NOTICE
This Privacy Notice describes how we collect, use and otherwise handle “Personal Information” that you provide or make available to us, or that we collect from you, when you use our Websites, and explains the circumstances in which we may transfer this to others.
“Personal Information” is information relating to you, which can be used to personally identify you (either directly or indirectly).
Our Privacy Notice must be read together with any other legal notices or terms and conditions available on other pages of our Websites.
As CMS is an international legal practice, operating from multiple jurisdictions, various country-specific requirements may apply to your use of our Websites. You can view country-specific privacy information as part of this Privacy Notice below.
C. HOW, WHEN AND WHY DO WE COLLECT AND USE PERSONAL INFORMATION?
1. Information that we collect
The types of information that we may collect from you, depending on how you use our Websites include:
a. your name;
b. your email address;
c. your address (business and personal);
d. your landline and mobile telephone numbers (business and personal);
e. any other information that you choose to provide to us when filling out a contact form on our Websites;
f. your geographic location (country/territory where you are living and/or working);
g. your job title, role and the name of your employer;
h. the industry sector in which you work;
i. the country or countries, industry sector(s) and area(s) of law in respect of which you wish to receive Law-Now/RegZone communications (where you have registered on the Law-Now/RegZone subscription portals); and
j. your C.V. and covering letter (where you apply for a vacancy with us on our Websites).
2. How we use your Personal Information
Contact Forms - we may collect your Personal Information, which you choose to provide when you fill in forms on our Websites, including the information set out in a.-e. above. We may use this Personal Information to respond to your queries, and/or provide the services and/or information that you have requested.
Law-Now/RegZone - if you choose to subscribe to the Law-Now and/or RegZone portal(s), we use Personal Information that you provide during the subscription process to send you relevant Law-Now/RegZone content by email. This will consist of information on legal and business issues that are relevant to your preferences. We will also tell you about our events and seminars. Within RegZone, you have the option to receive invitations to our events. If you want to receive such invitations you can let us know by ticking the relevant box on the subscription form.
Your agreement to the use of your Personal Information for these purposes is optional. If you decide not to subscribe to Law-Now and/or RegZone, we will not send you Law-Now and/or RegZone communications, but your use of our Websites will remain otherwise unaffected. You can change your Law-Now/Regzone preferences at any time by logging into your account.
Law-Now/RegZone opt-out - you are entitled to opt-out from receipt of Law-Now/RegZone communications at any time. You can do so by visiting the Manage your Law-Now or Manage your RegZone preference management pages and deselecting all email options. You can also use the “unsubscribe” option included in all Law-Now/RegZone e-mails. Alternatively, you can email the Law-Now/RegZone support team who will process “unsubscribe” requests for you. When you unsubscribe we will keep a record of this, and once your request has been processed, you will stop receiving Law-Now/RegZone emails. You can still use our Websites once you have unsubscribed.
Recruitment - if you apply for a Graduate Opportunity in the U.K. you will be directed to our dedicated graduate recruitment website and when you apply for any other vacancy that is handled by our U.K. recruitment team you will be directed to our U.K. recruitment team’s application portal. In each case you will be provided with specific information about how your Personal Information will be handled in connection with your application at the time that you submit your Personal Information.
For vacancies handled by recruitment teams in other countries, we do not use the graduate recruitment website or application portal referred to above. Instead, we either ask you to contact us directly by email or we request that you upload a copy of your C.V. and covering letter so that we can consider your suitability for the role.
E-Guides – you have the option of registering to use advanced features of our CMS E-Guides publication service, which allows you add your own notes and text highlighting to our E-Guides and to generate a pdf containing these notes and highlights. There is also a tick box that you can select if you would like to be notified by email of changes to content that you have highlighted. This is an optional service that can be deactivated at any time by un-ticking the relevant box.
Our Business Purposes - we may also use your Personal Information for our business purposes such as:
- record keeping, statistical analysis, internal reporting and research purposes;
- to ensure network and information security;
- to notify you about changes to our services;
- to investigate any complaint you make;
- to provide evidence in any dispute or anticipated dispute between you and us;
- to customise various aspects of our Websites to improve your experience;
- to host, maintain and otherwise support the operation of our Websites;
- for the detection and prevention of fraud and other criminal offences and for for risk management purposes;
- for business and disaster recovery (e.g. to create back-ups);
- for document retention/storage;
- for database management;
- to protect the rights, property, and/or safety of CMS, its personnel and others; and
- to ensure the quality of the services we provide to our users
In addition, we may use your Personal Information for further specific purposes made clear at the point of collection on particular pages of our Websites.
If you choose not to provide Personal Information requested by us, we may not be able to provide you with the information and/or services you have requested or otherwise fulfil the purpose(s) for which we have asked for the Personal Information. Aside from this, your visit to our Websites will remain unaffected.
3. Legal grounds for collection and use of Personal Information
We ask for your consent to process your personal information in relation to Law-Now and RegZone and in some cases for recruitment purposes (where this is made clear to you at the point where you provide your information). In other cases, we process your personal information where we need to do so:
- to comply with our legal and regulatory obligations;
- for our legitimate interests in:
- responding to your queries;
- providing services and/or information to you;
- recruiting personnel (except in cases where we ask for your consent as mentioned above); and
- our internal business purposes, as set out in 2. above.
You can object to processing based on our legitimate interests at any time by contacting us here. See also “Your Rights – The right to object” below.
We consider that the risk to your data protection rights in connection with Personal Information that we process on the basis of our legitimate interests is not excessive or overly intrusive. We have also put in place protections for your rights by ensuring proper retention periods and security controls.
If you would like to find out more about the legal grounds on which we process your Personal Information for a particular purpose you can contact us here.
5. Information from other sources
Where permissible under applicable local laws, we may combine information that you have provided to us with other information that we already hold about you and which we have collected for a compatible purpose.
D. HOW AND WHEN DO WE SHARE INFORMATION WITH THIRD PARTIES?
Some services that we provide require the involvement of third parties. We have carefully selected these third parties and taken steps to ensure that your Personal Information is adequately protected. Details about how we share Personal Information with third parties is set out below:
1. Google Analytics
Our Websites use Google Analytics, a web analysis service provided by Google Inc. ("Google"). Google Analytics works using cookies.
Google Analytics cookies collect your IP address, however because IP anonymisation is used on our Websites, your IP address will be shortened (and therefore anonymised) as soon as technically possible and before it is stored or otherwise used in connection with Google Analytics.
The anonymisation process takes place within the European Union or the European Economic Area, except in exceptional cases, where your full IP address may be sent to a Google server in the U.S.A. and shortened there.
We use the information collected by Google Analytics cookies to find out about how visitors use our Websites.
The IP address sent by your browser in connection with Google Analytics will not be combined by Google, with other data.
You can also opt-out of Google Analytics by downloading and installing the browser plug-in available at the following link: http://tools.google.com/dlpage/gaoptout?hl=en.
2. Sharing within CMS and to Service Providers
CMS Legal Services EEIG share your Personal Information with CMS Offices:
- if you ask that we should do so in an online form;
- if you tick the relevant box on Law-Now or RegZone, in order to receive information about services and events provided by CMS Offices; or
- where we need to do so in order to provide the services or information that you have requested.
When a CMS Office would like to use your Personal Information for a new purpose, they will let you know about this first.
We also share your Personal Information with our third party service providers based in the European Economic Area (“EEA”) who we engage to provide support services in relation to our Websites for the purposes of: hosting and maintaining our Websites; providing data storage; assisting us with database management, and in order to assist us with related tasks or processes.
All of our service providers are bound by written contract to process Personal Information provided to them only for the purpose of providing the specific service to us and to maintain appropriate security measures to protect your Personal Information.
3. Sharing with other third parties
We share your Personal Information with:
- our accountants, auditors, lawyers or similar advisers when we ask them to provide us with professional advice;
- any other third party if we are under a duty to disclose or share your Personal Information in order to comply with any legal obligation, or to protect the rights, property and/or safety of CMS, our personnel or others;
- any other third party for the purposes of acting in accordance with the requirements of a court, regulator or government agency, for example, complying with a search warrant or court order or acting in accordance with an applicable law or regulation; or
- investors and other relevant third parties in in the event of an actual potential sale or other corporate transaction related to CMS
Our Websites provide sharing buttons that you can click on in order to share content from our Websites on social media channels, e.g., Facebook. We do not use these buttons to share your Personal Information with social media providers. When you click on a sharing button the relevant social media provider will gather Personal Information directly from you. Please read the privacy notice of any social media provider with which you intend to share content before clicking on the corresponding sharing button.
E. INTERNATIONAL TRANSFERS
The transfer of your Personal Information to and between CMS Firms as described in this Privacy Notice, may involve your Personal Information being sent outside of the EEA, to locations that may not provide the same level of protection as those where you first provided the information.
However, we will only transfer your Personal Information outside of the EEA:
- where the transfer is to a place, or by a method or in circumstances that is regarded by the European Commission as providing adequate protection for your Personal Information. For example, where we have put in place standard data protection clauses adopted by the European Commission; or
- the above does not apply but we are still legally permitted to do so, for example if the transfer is necessary for the establishment, exercise or defence of legal claims.
Full details of the locations of the CMS Offices are listed here.
You can request further detail about the safeguards that we have in place in respect of transfers of Personal Information outside of the EEA and where applicable a copy of the standard data protection clauses that we have in place, by contacting us at: email@example.com.
F. HOW LONG DO WE STORE PERSONAL INFORMATION?
It is our policy to retain your Personal Information for the length of time required for the specific purpose or purposes for which it was collected. However, we may be obliged to store some Personal Information for a longer time, taking into account factors including:
- legal obligation(s) under applicable law to retain data for a certain period of time;
• statute of limitations under applicable law(s);
• (potential) disputes and
• guidelines issued by relevant data protection authorities
Whilst we continue to process your Personal Information, we will ensure that it is treated in accordance with this Privacy Notice. Otherwise, we securely erase your information once this is no longer needed.
If you would like to find out how long we keep your Personal Information for a particular purpose you can contact us here.
Our Websites are hosted on servers in the EEA. We employ appropriate security measures to help protect your Personal Information and guard against access by unauthorised persons. Information storage is on secure computers in a locked and certified information centre and information is encrypted wherever possible. We undergo periodic reviews of our security policies and procedures to ensure that our systems are secure and protected. However, as the transmission of information via the Internet is not completely secure we cannot guarantee the security of your information transmitted to our Websites.
We acknowledge that the information you provide may be confidential. We do not sell, rent, distribute or otherwise make Personal Information commercially available to any third party, except that we may share information with our service providers for the purposes set out in this Privacy Notice. We will maintain the confidentiality of and protect your information in accordance with our Privacy Notice and all applicable laws.
I. YOUR RIGHTS
The following section explains your rights. The various rights are not absolute and each is subject to certain exceptions or qualifications. We will grant your request only to the extent that it follows from our assessment of your request that we are allowed and required to do so under data protection laws. Nothing in this Privacy Notice is intended to provide you with rights beyond or in addition to your rights as a data subject under data protection laws.
| Your Rights
|| What does this mean?
| 1. The right to be informed
||You have the right to be provided with clear, transparent and easily understandable information about how we use your Personal Information and your rights. This is why we are providing you with the information in this Privacy Notice.
| 2. The right of access
|| You have the right to obtain a copy of your Personal Information (if we are processing it), and other certain other information (similar to that provided in this Privacy Notice) about how it is used.
This is so you are aware and can check that we are using your information in accordance with data protection law.
We can refuse to provide information where to do so may reveal Personal Information about another person or would otherwise negatively impact another person's rights.
| 3. The right to rectification
|| You can ask us to take reasonable measures to correct your Personal Information if it is inaccurate or incomplete. E.g. if we have the wrong name or address for you.
| 4. The right to erasure
|| This is also known as ‘the right to be forgotten’ and, in simple terms, enables you to request the deletion or removal of your Personal Information where there’s no compelling reason for us to keep using it or its use is unlawful. This is not a general right to erasure; there are exceptions, e.g. where we need to use your Personal Information in defence of a legal claim.
| 5. The right to restrict processing
|| You have rights to ‘block’ or suppress further use of your Personal Information when we are assessing a request for rectification or as an alternative to erasure. When processing is restricted, we can still store your Personal Information, but may not use it further. We keep lists of people who have asked for further use of their Personal Information to be ‘blocked’ to make sure the restriction is respected in future.
| 6. The right to data portability
|| You have rights to obtain and reuse certain Personal Information for your own purposes across different organisations.
| 7. The right to object
You have the right to object to certain types of processing, on grounds relating to your particular situation, at any time insofar as that processing takes place for the purposes of legitimate interests pursued by us or by a third party. We will be allowed to continue to process your Personal Information if we can demonstrate “compelling legitimate grounds for the processing which override your interests, rights and freedoms” or we need this for the establishment, exercise or defence of legal claims.
J. HOW TO CONTACT US
If you wish to request further information or exercise any of the above rights, or if you are unhappy with how we have handled your Personal Information, contact us here: firstname.lastname@example.org. Please provide as much information as possible to help us identify the information you are requesting, the action you are wanting us to take and why you believe this action should be taken.
Before assessing your request, we may request additional information in order to identify you. If you do not provide the requested information and, as a result we are not in a position to identify you, we may refuse to action your request.
We will generally respond to your request within one month of receipt of your request. We can extend this period by an additional two months if this is necessary taking into account the complexity and number of requests that you have submitted.
We will not charge you for such communications or actions we take, unless:
- you request additional copies of your Personal Information undergoing processing, in which case we may charge for our reasonable administrative costs, or
- you submit manifestly unfounded or excessive requests, in particular because of their repetitive character, in which case we may either: (a) charge for our reasonable administrative costs; or (b) refuse to act on the request
If you are not satisfied with our response to your complaint or believe our processing of your Personal Information does not comply with data protection law, you can make a complaint to the relevant EU data protection authority where you are located. The contact details for each EU data protection authority can be found here: http://ec.europa.eu/justice/article-29/structure/data-protection-authorities/index_en.htm
K. CHANGES TO THIS PRIVACY NOTICE
We may make minor changes to our Privacy Notice. When we make these changes we will publish the updated Notice on our Websites. If we make any significant changes, we will take additional steps to inform you of these.
Subscriber information of individuals who have registered for Law-Now communications from the jurisdiction of Mexico will be processed by the law firm Woodhouse Lorente Ludlow, S.C., with its address at Paseo de la Reforma 115, Piso 19, Colonia Lomas de Chapultepec, C.P. 11000, Mexico, Distrito Federal, acting in cooperation with CMS Cameron McKenna Nabarro Olswang LLP.
Woodhouse Lorente Ludlow, S.C. will use such subscriber information for the purposes of providing and administering the Law-Now communications. The provision of the subscriber’s personal data is voluntary. The subscriber has right to access, correct, cancel or oppose such data transfer as established under the terms of applicable Mexican Law, by sending a communication as provided above to email@example.com, or to Woodhouse Lorente Ludlow, S.C., either by email to: firstname.lastname@example.org or by calling +52 (55) 26.23.05.52. Access to its Integral Privacy Notice in english and in spanish languages can be found at: http://www.wll.com.mx/ingles/wll_auxiliar_privacidad.html or by contacting the personal data department at email@example.com, or by calling +52 (55) 26.23.05.52.
CMS Carey & Allende provides client services in Chile through its office in Santiago at Av. Costanera Sur 2730, 10th floor, Las Condes, Santiago. telephone: (+56) 22 485 20 00. When visiting our website, you are not required to provide any personal information unless you decide to fill-in and send us a “contact form. In such case, and when applicable, we will differentiate between personal and non-personal data and retain that information in order to process your inquiries or requests.
Additionally, you may decide to communicate with us when you apply for a job through our Job Opportunities on Careers sections where, with the aim of being able to contact you back, you will be prompted to enter your name and email address and accept the terms of our website disclaimer. Unless otherwise required by law, CMS Chile will not share your personal information with third parties nor will we include your personal data in our distribution bases without your express consent. Your data will be used exclusively to communicate with you.