Introduction and general terms
Lawyers Against Poverty (LAP) promises to take great care with your personal data. We commit to protecting any personal information we obtain about you, whether you are a financial supporter, volunteer or partner (each a “Supporter”).
WHO WE ARE
LAP is a registered charity in England and Wales (charity number 1189586). We are also a company limited by guarantee (company number 12528830).
LAP’s purpose and overall mission is to bring together a community of lawyers from developed and developing communities across the world to improve access to justice in order to relieve the injustice of poverty.
Our Supporters help us to achieve this in a variety of ways, primarily by donating or volunteering in our projects which:
- inspire lawyers to play a part in global justice and provide a means by which they can fulfil their duties as “Lawyers in society”;
- identify and facilitate legal projects which support access to justice in developing communities;
- provide information and support to individuals in developing communities who aspire to become lawyers through mentoring and facilitating access to legal education and careers advice;
- raise awareness of the impact on the relief of poverty that can be achieved through improved access to justice; and
- encourage lawyers from developed and developing communities to work together to relieve poverty.
We take active steps to make sure that our Supporters are aware of the ways in which they can help us achieve our overall purpose.
WHEN WE COLLECT INFORMATION ABOUT YOU
LAP may collect your personal data in the following circumstances:
a. When you give it to us DIRECTLY
You may give us your personal data directly when you make a donation, subscribe to LAP as a member, sign up for one of our projects or when you communicate with us.
b. When you give it to us INDIRECTLY
You may give us your information indirectly when you contribute to LAP via fundraising sites like JustGiving or Virgin Money Giving. These independent third parties will pass your data to LAP where you have indicated that you wish to support LAP and have given your consent or it is a necessary part of completing a contract with you.
Sometimes your personal data is collected by an organisation working on our behalf (for example a professional fundraising agency) but as they are acting on our behalf we are the “data controller” and responsible for the security and proper processing of that data.
c. When you access LAP’s Social Media
We might also obtain your personal data through your use of social media such as Facebook, WhatsApp, Twitter or LinkedIn, depending on your settings or the privacy policies of these social media and messaging services. To change your settings on these services, please refer to their privacy notices, which will tell you how to do this.
d. When you attend an LAP event
We might also obtain personal data through your attendance at one of our networking events, or where you are involved in one of our projects, and we think you may be interested in working with or partnering with LAP. In this scenario, we may use your personal data to seek to find out whether you may wish to work with or partner with charities or organisations like LAP.
If you visit our website as an anonymous visitor (e.g. you switch off cookies), LAP may still collect certain information from your browser, such as the IP address (an IP address is a number that can uniquely identify a computer or other internet device).
WHAT INFORMATION MIGHT LAP COLLECT ABOUT YOU?
We only collect personal data relevant to the type of transactions or interaction you have with LAP, which will include the following categories of personal data:
If you visit our website, we will collect certain personal data from you, including but not limited to:
- IP address; and
- User ID.
If you subscribe to LAP’s newsletter, we will collect certain personal data from you, including but not limited to:
- full name; and
- email address.
If you are volunteering with LAP on one of our projects, we will collect certain personal data from you, including but not limited to:
- full name;
- phone number;
- date of birth; and
- email address.
If you subscribe to LAP as a member, we will collect certain personal data from you, including but not limited to:
- full name;
- phone number;
- date of birth;
- email address;
- bank account details (where you have chosen to subscribe as a paying member);
- details of your regional location; and
- details of your employment status (where voluntarily provided).
Sensitive Personal Data
We only collect “sensitive personal data” about our Supporters (e.g. health status) where there is a clear and specific reason for doing so, such as volunteering on a particular LAP project.
We collect this data where we need it to ensure that we provide appropriate facilities or support to enable you to carry out your role. Clear notices will be provided so that it is clear what information we need and why we need it. In certain circumstances we may also need to obtain information about criminal convictions (where these are unspent) in order to check that it is appropriate for you to undertake the role.
If you apply for a volunteer role with us, we may collect this data for equality monitoring on an anonymous basis.
All sensitive personal data is stored on a secure database, to which only a limited number of relevant staff have access. It is deleted when it is no longer required for the purposes it was collected for, is never shared with third parties, and is available to you at any point should you wish to see it.
HOW WILL LAP USE YOUR PERSONAL DATA?
LAP will use your personal information for the following purposes:
a. For administrative reasons, including:
- “service administration”, which means that LAP may contact you for reasons related to administering any donations you have made, your tax status with regard to Gift Aid if claimed, or the activity or online content you have signed up for;
- to confirm receipt of donations (unless you have asked us not to do this), and to say thank you and provide details of how your donation might be used. for example, if you donate via text you will receive a “bounce back” text message;
- in relation to correspondence you have entered into with us whether by letter, email, text, social media, message board or any other means, and to contact you about any content you provide;
- for internal record keeping so as to keep a record of your relationship with us;
- to provide logistical and fundraising information to people who are taking part in a fundraising event in aid of LAP;
- to communicate with LAP volunteers – to support you in your designated role or administer that role and our organisation;
- to implement any instructions you give us to with regard to withdrawing consent to send marketing information or that you do not wish to receive any marketing information;
- to use IP addresses to identify the location of users, to block disruptive use and to establish the number of visits from different countries;
b. For marketing and fundraising
- to ensure the correct marketing and fundraising communications are shared according to your preferences, where you have consented to receive such communications.
c. For market research
- to invite you to participate in surveys or research about LAP or our work (participation is always voluntary); to analyse and improve the activities and content offered by the LAP website to provide you with the most user-friendly navigation experience. We may also use and disclose information in aggregate (so that no individuals are identified) for marketing and strategic development purposes.
EXPLAINING THE LEGAL BASES WE RELY ON
The law on data protection sets out a number of different reasons for organisations to collect and process your personal data: When collecting your personal data, we will always make clear to you which data is necessary for a particular purpose.
LAP relies on the following legal bases with respect to the processing of your personal data:
We are allowed to use your personal data where you have specifically consented. In order for your consent to be valid:
- it has to be given freely, without us putting you under any type of pressure;
- you have to know what you are consenting to – so we’ll make sure we give you enough information;
- you should only be asked to consent to one thing at a time – we therefore avoid “bundling” consents together so that you don’t know exactly what you’re agreeing to; and
- you need to take positive and affirmative action in giving us your consent – for example, we could provide a tick box for you to check so that this requirement is met in a clear and unambiguous fashion.
We currently seek your consent to use your personal data for marketing purposes.
Before giving your consent, you should make sure that you read any accompanying information provided by us so that you understand exactly what you are consenting to.
We are allowed to use your personal data where it is in our interests to do so, and those interests aren’t outweighed by any potential prejudice to you.
We believe that our use of your personal data is within a number of our legitimate interests, including but not limited to:
- To keep a record of donations made and actions taken by our Supporters and our communications with them
- To send our Supporters marketing information about our projects and fundraising activities where we have their consent or are otherwise allowed to
- To support volunteers, whether volunteering on LAP initiatives and projects or participating in fundraising events
- To support community-based fundraising
- To claim gift aid on donations
- To fulfil contractual obligations entered into with Supporters
- To keep people safe
- To comply with our legal obligations
- To manage our organisation
- To ensure we do not send unwanted information to Supporters who have informed us they do not wish to be contacted
Necessary for our contract
We are allowed to use your personal data when it is necessary to do so for the performance of our contract with you.
For example, we need to collect and store your email address in order to provide you with our newsletter if you have requested it.
As well as our obligations to you under any contract, we also have other legal obligations that we need to comply with, and we are allowed to use your personal data when we need to comply with those other legal obligations.
For example, where you sign up to the Gift Aid scheme, we will process your data for the purposes of submitting a Gift Aid claim to HMRC.
WILL LAP SHARE YOUR PERSONAL INFORMATION WITH ANYONE ELSE?
We will only use your information within LAP for the purposes for which it was obtained. LAP will not, under any circumstances, share or sell your personal data with any third party for their own marketing purposes, and you will not receive marketing from any other companies, charities or other organisations as a result of giving your details to us.
We may need to share your information with service providers who help us to deliver our projects, fundraising activities and events, or help us process financial donations. These “data processors” will only act under our instruction and are subject to pre-contract scrutiny and contractual obligations containing strict data protection clauses. We do not allow these organisations to use your data for their own purposes or disclose it to other third parties without our consent and we will take all reasonable care to ensure that they keep your data secure.
Facebook and other social media sites
Your email address and phone number may be used to match to your account on Facebook or other social media sites in order to show you LAP content while using these services. This is only done where you have opted in to marketing emails or phone calls and we keep your data secure by encrypting it. No data we hold about you is retained by the third party.
In addition, your email address and phone number may also be used to link to Facebook or other social media sites in order to identify other users of these sites whom we believe would be interested in LAP, and we may then show them LAP content. No data we hold about you is retained by the third party.
There are two ways to prevent this use of your data, you can either update your preferences at LAP by opting out of the relevant channel of communication or you can do this via the social media site:
- Facebook: https://www.facebook.com/help/568137493302217
- LinkedIn: https://www.linkedin.com/help/linkedin/answer/62931
- Twitter: https://business.twitter.com/en/help/troubleshooting/how-twitter-ads-work.html
Updating your preferences with LAP will not guarantee that you never see LAP content on social media, since the social media site may select you based on other criteria and without your data having been provided by LAP.
We may disclose your personal data to our affiliated companies/charities.
We may disclose your personal data:
- to data protection regulatory authorities;
- in response to an enquiry from a government agency; and
- to other regulatory authorities with jurisdiction over our activities.
Professional advisors and auditors
We may disclose your personal data to professional advisors (such as legal advisors and accountants) or auditors for the purpose of providing professional services to us.
In the event that we buy any business assets, we may disclose your personal data to the prospective seller of such business or assets. If LAP or substantially any or all of its assets that it may own are acquired by a third party, personal data held by us about our Supporters will be one of the transferred assets.
Otherwise, your data will only be disclosed in special exceptional cases, where we are obligated or entitled to do so by statute or upon binding order from a public authority.
WHERE YOUR INFORMATION IS TRANSFERRED AND STORED
In general, your data will be stored on secure servers which will only be accessed by LAP personnel.
The data that we collect from you may be sent to, and stored at, a destination outside of the European Economic Area (which means the European Union member states, together with Norway, Iceland and Liechtenstein, ”EEA”), including by our service providers.
However, please note that where personal data is stored in another country, it may be accessible to law enforcement agencies in accordance with domestic laws.
HOW LONG WILL LAP KEEP YOUR PERSONAL INFORMATION?
We will hold your personal information on our systems for as long as is necessary for the relevant activity, for example we will keep a record of donations subject to gift aid for at least seven years to comply with HMRC rules.
If you request that we stop sending you marketing materials we will keep a record of your contact details and appropriate information to enable us to comply with your request not to be contacted by us.
We may keep data you provide to us indefinitely, where this is necessary for carrying out legacy administration and communicating effectively with the families of people leaving us legacies. This also enables us to identify and analyse the source of legacy income we receive.
HOW LAP KEEPS YOUR DATA SAFE
We ensure as far as possible that there are appropriate technical controls in place to protect your personal details. For example, we have taken time to investigate the security features of our chosen software networks to ensure your personal information is adequately protected. We work to ensure that our network is protected and routinely monitored and review new security software as appropriate.
We undertake regular reviews of who has access to information that we hold to ensure that your information is only accessible by appropriately trained staff, volunteers and contractors. We organise our online systems so that your data is only available to LAP personnel who may need to access it for the purpose of carrying out LAP activities (such as sending the newsletter or managing event registration.)
Where we use external companies to collect or process personal data on our behalf, we ensure that terms of service are in place that set out how they manage the personal data. We keep up to date on best practice within the sector in connection with the handling of personal data to ensure we are doing all that we can to keep your information safe.
YOUR RIGHTS OVER YOUR PERSONAL DATA
You have various rights in relation to the data which we hold about you as described below.
Right to object
This right enables you to object to us processing your personal data where we do so for one of the following reasons:
- because it is in our legitimate interests to do so;
- to enable us to perform a task in the public interest or exercise official authority;
- to send you direct marketing materials; or
- for scientific, historical, research, or statistical purposes.
Right to withdraw consent
Right to access a copy of your data
You may ask us for confirmation of the processing of your personal data, or a copy of the information we hold about you at any time, and request us to modify, update or delete such information. If we provide you with access to the information we hold about you, we will not charge you for this unless permitted by law. If you request further copies of this information from us, we may charge you a reasonable administrative cost. Where we are legally permitted to do so, we may refuse your request. If we refuse your request we will always tell you the reasons for doing so.
Right to erasure
You have the right to request that we “erase” your personal data in certain circumstances.
Normally, this right exists where:
- the data are no longer necessary;
- you have withdrawn your consent to us using your data, and there is no other valid reason for us to continue;
- the data has been processed unlawfully;
- it is necessary for the data to be erased in order for us to comply with our obligations under law; or
- you object to the processing and we are unable to demonstrate overriding legitimate grounds for our continued processing.
We would only be entitled to refuse to comply with your request for erasure in limited circumstances and we will always tell you our reason for doing so. When complying with a valid request for the erasure of data we will take all reasonably practicable steps to delete the relevant data.
Right to restrict processing
You have the right to request that we restrict our processing of your personal data in certain circumstances, for example if you dispute the accuracy of the personal data that we hold about you or you object to our processing of your personal data for our legitimate interests. If we have shared your personal data with third parties, we will notify them about the restricted processing unless this is impossible or involves disproportionate effort. We will, of course, notify you before lifting any restriction on processing your personal data.
Right to rectification
You have the right to request that we rectify any inaccurate or incomplete personal data that we hold about you. If we have shared this personal data with third parties, we will notify them about the rectification unless this is impossible or involves disproportionate effort. You may also request details of the third parties that we have disclosed the inaccurate or incomplete personal data to. Where we think that it is reasonable for us not to comply with your request, we will explain our reasons for this decision.
Right of data portability
If you wish, you have the right to transfer your personal data between service providers and receive a copy of your data. In effect, this means that you are able to transfer the details we hold on you to another third party. To allow you to do so, we will provide you with your data in a commonly used machine -readable format so that you can transfer the data. Alternatively, we may directly transfer the data for you.
Right to complain
If you feel that your data has not been handled correctly, or you are unhappy with our response to any requests you have made to us regarding the use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office.
You can contact them by calling 0303 123 1113.
Or go online to www.ico.org.uk/concerns (opens in a new window; please note we can’t be responsible for the content of external websites).
29 October 2020