Updated: June 2023
The information provided in this European Privacy Right Notice applies only to individuals in the European Economic Area, United Kingdom, and Switzerland (collectively, “Europe”). If you are based in Europe, this European Privacy Rights Notice applies to you in addition to Murtha Cullina's Privacy Notice.
References to “personal information” in this European Privacy Rights Notice should be understood to include references to “personal data” as defined by the “GDPR” (i.e., the General Data Protection Regulation 2016/679 (“EU GDPR”) and the EU GDPR as it forms part of UK law (“UK GDPR”)). Under the GDPR, personal data is information about an individual, from which that individual is either directly identified or can be identified. It does not include ‘anonymous data’ (i.e., information where the identity of the relevant individual has been permanently removed and that individual is no longer identified or identifiable).
Controller. Murtha Cullina LLP is the data controller in respect of the personal data covered by this European Privacy Rights Notice for the purposes of the GDPR.
Cookies. With respect to web cookies and other technologies that are not strictly necessary for our provision of the Services, Murtha seeks consent from users of www.murthalaw.com in Europe based on a separate Cookie Notice and the Cookie Consent Manager.
Legal Basis of Processing.
- In respect of each of the purposes for which we use your personal data, the GDPR requires us to ensure that we have a “legal basis” for that use. Our legal bases for processing your personal data described in this European Privacy Rights Notice and our Privacy Notice are listed below. Where we need to perform a contract, we are about to enter into or have entered into with you (“Contractual Necessity”).
- Where it is necessary for our legitimate interests and your interests and fundamental rights do not override those interests (“Legitimate Interests”). More detail about the specific legitimate interests pursued in respect of each purpose we use your personal data for is set out in the table below.
- Where we need to comply with a legal or regulatory obligation (“Compliance with Law”).
- Where we have your specific consent to carry out the processing for the purpose in question (“Consent”).
We have set out below, in a table format, the legal bases we rely on in respect of the relevant purposes for which we use your personal data – for more information on these purposes and the personal data types involved, see the “Use of Your Personal Information” and “Sharing Your Personal Information With Other Entities” sections of the Privacy Notice.
|
Purpose |
Categories of Personal Data |
Legal Basis |
|
To respond to your comments, questions and requests |
Contact and Request Information |
Legitimate Interests: |
|
To manage your account |
Account Information |
Contractual Necessity |
|
To monitor the performance of our Site |
Site Information and Mobile Information |
Legitimate Interests: |
|
To host or manage any events that we may sponsor or be a participant |
Contact and Request Information |
Legitimate Interests: |
|
To send you personalized direct marketing communications based on your needs and interests |
Marketing Information |
Consent |
|
To comply with our legal and contractual obligations and protect our legal interests |
Any and all personal data types relevant in the circumstances |
Compliance with Law |
|
To create aggregated, de-identified and/or anonymized data |
Any and all personal data types relevant in the circumstances |
Legitimate Interests: |
Personal Data Transfers outside of Europe. Murtha transmits some of your personal data to countries where the data protection laws may not provide a level of protection equivalent to the laws in your jurisdiction. All transfers of your personal data from Europe to a country that has not been deemed to provide an adequate level of protection will be based upon an adequacy decision or governed by appropriate safeguards in accordance with the GDPR (e.g., the European Commission’s Standard Contractual Clauses or the UK’s International Data Transfer Agreement).
Any onward transfer is subject to appropriate onward transfer requirements as required by applicable law.
Data Retention. Murtha keeps personal data as long as required to provide our Services and Site to you and comply with applicable laws. For example, if you enter into an attorney-client relationship with us, we retain your personal data for as long as you are our client and then for only as long as required for us to comply with applicable laws, discharge our contractual obligations to you, or defend our legal interests in connection with any claim or defense we could face before any formal dispute resolution body. We take reasonable measures to ensure that personal data is deleted, erased or anonymized as soon as possible once the purposes for which personal data was collected have been fulfilled.
Data Subject Rights. European data protection laws give you certain rights regarding your personal data. If you are located in Europe, you may ask us to take the following actions in relation to your personal data that we hold:
- Access. Provide you with information about our processing of your personal data and give you access to your personal data.
- Correct. Update or correct inaccuracies in your personal data.
- Delete. Delete your personal data where there is no good reason for us continuing to process it - you also have the right to ask us to delete or remove your personal data where you have exercised your right to object to processing (see below).
- Transfer. Transfer a machine-readable copy of your personal data to you or a third party of your choice.
- Restrict. Restrict the processing of your personal data, for example if you want us to establish its accuracy or the reason for processing it.
- Object. Object to our processing of your personal data where we are relying on Legitimate Interests as the legal basis for processing your personal data – you also have the right to object where we are processing your personal data for direct marketing purposes.
- Withdraw Consent. When we use your personal data based on your consent, you have the right to withdraw that consent at any time.
You can exercise such rights by accessing the information in your account or by submitting a request via privacyofficer@murthalaw.com. Please note that these rights may be subject to limitations and conditions under the GDPR or applicable national data protection laws.
Your Right to Complain. In addition to your rights outlined above, if you are not satisfied with our response to a request you make, or how we process your personal data, you can make a complaint to the data protection regulator in your habitual place of residence.
- For users in the European Economic Area – the contact information for the data protection regulator in your place of residence can be found here: https://edpb.europa.eu/about-edpb/board/members_en
- For users in the UK – the contact information for the UK data protection regulator is below:
The Information Commissioner’s Office
Water Lane, Wycliffe House
Wilmslow - Cheshire SK9 5AF
Tel. +44 303 123 1113
Website: https://ico.org.uk/make-a-complaint/
Your Choices. You are not required to provide any personal data to Murtha, but if you do not provide any personal data to Murtha, you may not be able to use our Site, our Services, or conduct business with us effectively. You can use our Site without consenting to cookies that are not strictly necessary; the only consequence is that our Site may be less tailored to you.
Profiling. Murtha does not use in connection with our Site automated decision-making in a way that produces legal effects concerning you or which significantly affects you.
Contact Us. If you have a privacy concern, complaint, or question, please contact us by emailing us at privacyofficer@murthalaw.com.
