Privacy Notice
WHO WE ARE
Lindo Legal and Canoe Corporate are sole proprietorships with registered offices at Suite 11, 13 Haining Road, Kingston 10, in the parish of St. Andrew, Jamaica W.I.. Where this policy refers to “Lindo Legal” , “Canoe Corporate” , “we”, “our” or “us” below, unless it mentions otherwise, it is referring to the particular entity that is the Controller of your personal data. This Privacy Notice applies to all such entities.
As a law firm or professional service provider, in most cases, we are a Data Controller. This means that we determine why and how the personal data we collect is processed. In very limited circumstances, we may act as a Data Processor, in which case we will process personal data only on documented instructions of another Controller.
PERSONAL DATA WE COLLECT ABOUT YOU
“Personal Data” is any information that identifies you such as your name or makes you identifiable, for example a certain characteristic combined with information we already hold about you.
In dealing with matters, we may process a range of personal data about you. We have grouped the types of personal data in the following categories below (please note that not all categories may be applicable to you):
Identity Data such as your government ID, full name, gender, date of birth, marital status, and nationality;
Contact Data such as your address, telephone number(s) and email address;
Financial Data which includes information used to send/receive funds to/from you or that appears on your bills;
Due Diligence Data such as your source of income, affiliations, and references;
Physical Access Data relating to access to our offices; and
Any details from correspondence and information regarding a matter on which we advise our client, including biographical information or personal/circumstantial details.
HOW WE COLLECT YOUR PERSONAL DATA
Information you provide to us directly.
You give us information about yourself when you make an enquiry to Lindo Legal or Canoe Corporate, or engage us to provide services, or by communicating with us by phone, post, e-mail or otherwise.
We may receive information about you from you or third parties when we are acting for you or a client and we are required to obtain information about you, for example if you are employed by or an officer of a client company, a beneficiary of an estate or trust or a party or a witness in a case or hearing.
When we receive information about you from a third party, we will only use that information for the purposes of the legal matter and to comply with any regulatory or legal obligations we are subject to.
Other instances where we receive information about you
In transactional matters
Law firms, accountants and other professional advisors acting for you where our client is a party to or otherwise concerned in the course of, for example:
A corporate transaction (where your details may be placed in an online data room by us or other advisers);
A commercial or domestic property transaction;
A matter involving trusts; or
For due diligence.
In dispute resolution
Witnesses, law firms, counsel, experts and other professional advisors acting for you or for us on your behalf, or for third parties, where you or our client is a party to or otherwise concerned in the course of, for example:
Mediation, arbitration and other forms of alternative dispute resolution;
Potential or actual litigation;
Preparation or exchange of witness or expert evidence; or
obtaining records such as employment, financial, health or education.
By customers of financial institutions
Banks, building societies and financial institutions, where you are their customer/debtor, who are clients of ours or from whom we are given or request information.
By clients acting in a representative capacity
Personal representatives, attorneys, trustees, directors, company principals or company promoters who may provide us with information in connection with a matter.
Friends, family members or colleagues who may provide information to us about you as part of the work we undertake for them, for example where you are or may be:
A beneficiary of an estate or trust;
appointed by them in some representative capacity, such as executor; or
a party in a dispute.
From Regulators
Regulatory bodies, including but not limited to the Financial Services Commission or the Registrar of Companies when conducting regulatory enquiries on beneficial ownership or similar activities; or
Enforcement authorities including, when making enquiries into potential criminal offences, including but not limited to the Financial Investigations Division.
Through referrals
Individuals who may refer your matter to us.
We may supplement the personal data collected from you with information from publicly available sources where you have authorized the disclosure of such information, such as information to validate your identity or address or to perform an identity check.
PURPOSES AND LAWFUL BASES FOR PROCESSING YOUR PERSONAL DATA
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so:
Purpose/Activity
Type of data
Lawful basis for processing including basis of legitimate interest
To supply you with (legal) services
Where we have supplied you (or continue to supply you) with any legal services, where we have arranged for the supply of another firm’s services to you, or where you are in discussions with us about a particular matter on which you are considering taking advice
Identity Data
Contact Data
Financial Data
Due Diligence Data
To take steps at your request to enter into a Contract or for the Performance of a Contract
To carry out our conflict checks to ensure that we are able to provide services to you
Identity Data
Legitimate Interest, To take steps at your request to enter into a contract with you, Legal Obligation
To pursue a legal claim on behalf of our clients (including debt recovery);
Identity Data
Contact Data
Sharing your personal data with regulators and investigative agencies, for example, the Financial Investigations Division
Identity Data
Contact Data
Financial Data
Due Diligence Data
Legal Obligation, Prevention of Fraud & Administration of Justice
To comply with a request from you in connection with the exercise of your rights
Identity Data
Contact Data
Legal Obligation
To maintain a register of titles, securities, heirlooms and wills or where you are either a beneficiary of an undertaking or the person obliged to perform it.
Identity Data
Contact Data
Legal Obligation
To maintain a record of undertakings where we are the giver or receiver of an undertaking;
Identity Data
Contact Data
Legal Obligation
To establish, exercise or defend our legal rights.
Identity Data
Legitimate Interest
Where we have a Legitimate Interest
We may use and process your personal data where it is necessary for us to pursue our legitimate interests as a business for the following purposes;
To carry out our conflict checks to ensure that we are able to provide services to you;
to pursue a legal claim on behalf of our clients (including debt recovery);
for the prevention of fraud and other criminal activities;
to verify the accuracy of the data that we hold about you and to create a better understanding of you as a client and our clients’ customers (where applicable);
for network and information security purposes to enable us to take steps to protect your personal data against loss or damage, theft or unauthorised access;
to comply with a request from you in connection with the exercise of your rights
to assist in the management of queries, complaints or claims;
notify you or your business of changes in the law that might affect you or your business; and
More on our Legal Obligations
It is a legal requirement for you to provide us with information to verify your identity in connection with anti-money laundering, terrorism prevention and criminal financing legislation. We will use that information for the purpose of complying with the Proceeds of Crime Act, Proceeds of Crime (Money Laundering Prevention) Regulations, 2007 and the Proceeds of Crime (Designated Non-Financial Institution) (Attorneys-at-law) Order, 2013 (or such other legislation that may replace or supersede these Regulations from time to time) unless we have obtained your consent to use it for any other purpose.
We may use and process your personal data in order to comply with other legal obligations to which we are subject, for example:
To maintain a register of titles, securities, heirlooms and wills or where you are either a beneficiary of an undertaking or the person obliged to perform it;
to maintain a record of undertakings where We are the giver or receiver of an undertaking;
to comply with our other legal and regulatory obligations, e.g. undertaking conflict checks; and
for the prevention of fraud and other criminal activities.
HOW WE MAY SHARE YOUR PERSONAL DATA
Our Service Providers
Our work for you may require us to provide information to third parties who will use your information for the purposes of providing services to us or directly to you on our behalf. Such third parties may include for example insurers, payment processing, software providers (for example, our practice management software), cloud service providers and mailing services.
When we use third party service providers, we only disclose to them any personal data that is necessary for them to provide their services and we have an agreement in place that requires them to keep your data secure and not to use it other than in accordance with our specific instructions.
Other involved in your case or matter
Our work for you may require us to provide information to third parties such as law firms, accountants, other counsel, expert witnesses, and other professional advisers, who will use your information in connection with your case or matter.
Where we are engaged by a third party such as a bank or lender in connection with your contract with them, we may share information you provide to us with that third party about the progress of the matter.
Any third party to whom we disclose information about you will be under an obligation to keep your information secure and not to use it for any purpose other than that for which it was disclosed unless you agree with them otherwise.
DATA RETENTION
If we collect your personal data, the length of time for which we retain it is determined by a number of factors including the type of data, the purpose for which we use that data and our regulatory and legal obligations attached to this use.
YOUR LEGAL RIGHTS
You have the following rights under the Data Protection Act:
The right to request a copy of the personal data that we hold about you.
The right to ask us to rectify any inaccuracies in the personal data we hold about you.
The right to object or to prevent the processing (or further processing) of your personal data in certain circumstances.
The right to withdraw consent to marketing.
The right related to solely automated decision-making including profiling. We do not use automated decision-making processes that would significantly affect you. But, if we did, you have the right to human intervention, to be informed of the logic of the decision and to have the decision reconsidered.
The right to data portability to transfer your data to another controller.
If you wish to exercise any of the rights set out above, please contact us at hello@lindolegal.com.
CHANGES TO THE PRIVACY NOTICE
We keep our privacy notice under regular review. This version was last updated on January 15, 2024. We will contact you if we make significant changes to this NOTICE.
Suite 11, 13 Haining Road, Kingston 5, St. Andrew, Jamaica W.I.
Lindo Legal - All Rights Reserved