Effective Date: February 2021
At the end of this policy, we also provide basic information on how we build privacy and data protection law compliance into all our solutions “Privacy and Data Protection by Design and Default” (see section titled the same).
Owner and Data Controller
Lindgren, Lindgren, Oehm & You, LLP
Owner contact email: firstname.lastname@example.org
Scope of this policy
By “personal information or data” we mean any information or data that relates to an identified or identifiable living person. In the United States, this type of information is often referred to as “Personally Identifiable Information” or “PII”, while in Europe, the term “Personal Data” is used.
(There are some differences between US-defined PII and Europe-defined Personal Data, but this policy takes the broadest view of the terms to include all data that relate to an identified or identifiable individual – referred to in European data protection law as the “data subject”.)
We also collect some information on you and your device that we analyze in a depersonalized (pseudonymous) way to help us improve the user experience of visitors to our sites (“analytics cookies”). In addition to the essential information mentioned above, this may include your preferred language; geographic location using IP address, the location of an access point you access while using the Service, or the GPS or wireless technology on your device; date and time of your visit; any searches you conducted on our site; and areas of our site that you visited. We also may log the length of time of your visit and the number of times you visit our site. We may assign you one or more unique identifiers to help
keep track of your future visits. This information is generated by various tracking technologies that may include “cookies,” “flash LSOs,” “web beacons” or “web bugs,” and “clear GIFs”. We may use third party tools to analyze the above information and to create statistics in relation to our website use. In the process of creating the statistics, all identifying elements are removed: the statistical outcome data no longer contain any personal information or data. We use the statistical outcome data for the following purposes:
- To know how many visitors per day visit our site;
- To know how much traffic we are sending outbound;
- To know which items on our site are being downloaded (e.g. PDFs, long-form reports, short items);
- To identify items not found, i.e. 404s so that we can fix them;
- To identify the types of operating systems being used and browsers so we can design our site accordingly;
- To identify the time of day when our site is most used in case we want to do syncs and repairs (that result in our site being down temporarily);
- These statistics are only available to LLOY and our third-party agents servicing our website. LLOY keeps the aggregate (depersonalized) data indefinitely, and uses this aggregate data to report internally.
Lists and Forms
On our website, you can sign up to several lists and forms, i.e.:
- Sign up for the mailing list: In the future, LLOY may create a form that asks for your email address. These addresses may be collected and stored in a third-party account and may be used by LLOY for email marketing.
- Contact us: This form asks only for your full name, phone, email address, and asks you to write a brief message regarding the nature of the contact.
- The text on the pages where these lists and subscription forms are offered explain the purpose of the list or form and how the information will be used in more detail.
The signing up to any of these lists is of course entirely voluntary – but if you do want to sign up to any of them, you will have to provide the requested information (or least the information requested in the *mandatory fields in the relevant form).
We will only use the information you provide in these contexts to provide you with the service you requested, such as email updates on selected products, or a test account; and in a de-personalized form for analytical purposes (for instance, to see how many visitors from a particular industry sector or a particular country signed up for these services).
You can always unsubscribe from any of these lists, either by re-visiting the relevant webpage and clicking on “Unsubscribe” or, if the service involved the receipt of emails (such as email updates), by clicking on the “Unsubscribe” link that we will provide at the bottom of each such email.
Disclosures of Personal Data
We will only keep any information or data on you for as long as we need the information or data to interact with you (or in rare instances, where this may be needed for legal purposes). Personal Data shall be processed and stored for as long as required by the purpose they have been collected for. LLOY may be allowed to retain Personal Data for a longer period whenever you has given consent to such processing, as long as such consent is not withdrawn. Furthermore, LLOY may be obliged to retain Personal Data for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority.
Once the retention period expires, Personal Data shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after expiration of the retention period.
Methods of Processing
LLOY takes appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data.
Personal Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to LLOY, in some cases, the Personal Data may be accessible to certain types of persons in charge, involved with the operation of this Website (administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as data processors by LLOY. The updated list of these parties may be requested from the LLOY at any time.
Place of Data Processing
Personal Data is processed at LLOY’s operating offices and in any other places where the parties involved in the processing are located.
Depending on your location, data transfers may involve transferring your Personal Data to a country other than your own.
If broader protection standards are applicable, Users are also entitled to learn about the legal basis of Personal Data transfers to a country outside the European Union or to any international organization governed by public international law or set up by two or more countries, such as the UN, and about the security measures taken by LLOY to safeguard their Personal Data.
If any such transfer takes place, you can find out more by checking the relevant sections of this document or inquire with LLOY using the information provided in the contact section.
Use of Processors
We use other companies to assist us in the processing of your data. They only process the Personal Data on our behalf and as instructed or agreed by us. In EU data protection law, such agents are called processors. We have contracts in place between us and these processors that meet all the requirements of U.S. privacy/data protection law.
System logs and maintenance
For operation and maintenance purposes, the Website and any third-party services may collect files that record interaction with the Website (“System logs”) use other Personal Data, such as the IP Address, for this purpose.
California Consumer Privacy Act – for California users
Under the California Consumer Privacy Act (the “CCPA”), a business that collects consumers’ personal information must provide to consumers access to the specific pieces and categories of personal information that the business has collected about the consumer, the categories of sources for that information, the business or commercial purposes for collecting the information, and the categories of third parties with whom the information was shared. California residents also have the right to submit a request for deletion of information under certain circumstances. Consistent with the CCPA, if you choose to exercise your rights, we won’t charge you different prices or provide different quality of services unless those differences are related to your information.
As a consumer you have the following rights:
- To request that we disclose what personal information (about you) we collect, use, disclose, and sell;
- To request deletion of your personal information we collect or maintain. This right is limited, and we may not always honor your request, particularly when it is necessary to maintain your information for legal purposes or to complete any business we have with you.
To opt-out of the sale of your personal information by the business. A “sale” occurs when your personal information is exchanged with a, non-service provider, third party in exchange for valuable consideration. It is not a sale when you intentionally authorize us to disclose your personal information or interact with a third party. We do not sell your personal information and will not sell your personal information without providing you the ability to opt out or without your explicit consent.
To not receive discriminatory treatment by the business for exercising any of the privacy rights conferred under the CCPA.
Exercising Your Rights Under the CCPA
To exercise your rights under the CCPA, you may contact us using any of the contact information at the bottom of this policy. Pursuant to the law, we will honor any verified request. You have the right to make a free request two times in any 12-month period. We will make the disclosure within 45 days of receiving your request, unless we request an extension. In the event that we reasonably need a 45-day extension, we will notify you of the extension within the initial 45-day period.
Right of deletion
You have the right to request that we delete your personal information, subject to certain exceptions. After we receive and validate your request, we will delete your personal information, as well as direct our service providers to delete your personal information, unless an exception applies.
The CCPA permits using a designate an authorized agent to make a request on a consumer’s behalf. You may designate an agent by seeking from us and filling the agent-designation form. Both the designated agent and the consumer are subject to verification before accepting a consumer rights request.
California residents may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by writing to them at 400 R Street, Sacramento, CA 95814, or by telephone at 800-952-5210. For other states, please check with your state’s consumer protection authority.
On the requirements of the EU General Data Protection Regulation for contracts with processors, see Article 28 GDPR, here:https://gdpr-info.eu/art-28-gdpr/
Transfers of Personal Data on EU individuals to non-EU countries
When we collect information from and on individuals in the EU, we may transfer those data to servers and processors in non-EU countries, in particular in the USA. When we do so, we do this on the basis of standard data transfer contracts as approved by the Commission of the EU, or on the basis of the so-called “Privacy Shield” agreed between the EU and the USA, for service providers or processors who have self-certified their compliance with the Privacy Shield principles.
For information on the EU standard transfer contracts, see:
For information on the EU – USA Privacy Shield, see:
UPDATE IN THE LIGHT OF THE “SCHREMS II” JUDGMENT OF THE COURT OF JUSTICE OF THE EUROPEAN UNION:
On October6, 2020, the Court of Justice of the EU issued a judgment in the “Schrems II” case, in which it invalidated the EU-US “Privacy Shield” and said that in some cases in which standard data transfer contracts were being used for transfers of Personal Data from the EU to the USA “supplementary measures” were needed to protect those data against undue (indiscriminate) access by the U.S. security services. LLOY is carrying out a transfer impact assessment into LLOY’s data transfers to see if any such supplementary measures are required. However, the outcome of this assessment will have to await the guidance on this issue that is currently being prepared by the European Data Protection Board (the body established under the GDPR that provides guidance on the application of that regulation). Once the assessment has been finalized on the basis of this guidance, LLOY’s policies and practices will, if necessary, be amended to reflect this guidance; and any such changes will be reported on this Privacy Statement webpage.
We use administrative, organizational, technical, and physical safeguards to protect the personal information and data we collect and process. Our security controls are designed to maintain an appropriate level of data confidentiality, integrity, and availability. We regularly test our website, data centers, systems and other assets for security vulnerabilities, and require any companies that assist us in the processing of Personal Data on our websites to also take all appropriate administrative, organizational, technical and physical measures needed to ensure the security of the information and data they process.
Right of Access
You have the right to ask us for copies of your personal information. This right always applies. There are some exemptions, which means you may not always receive all the information we process.
For information on Right of Access, see:
Right to Rectification
You have the right to ask us to rectify information you think is inaccurate. You also have the right to ask us to complete information you think is incomplete. This right always applies. Any corrections will be shared with the other LLOY affiliates, and where necessary any third parties to which the data may have been disclosed, to ensure corrections are made by all parties.
For information on Right to Rectification, see:
Right to Erasure
You have the right to ask us to erase your personal information in certain circumstances.
For information on Right to Erasure, see:
As noted above, under “Lists and forms”, you can also unsubscribe at any time from our mailing list, contact list or partner subscription list.
(and from 1 January 2021, the UK General Data Protection Regulation)
Some of the processing of Personal Data carried out by LLOY may be subject to the EU General Data Protection Regulation. This applies in particular to any processing of Personal Data by LLOY on clients and suppliers (and their staff) in the European Union or the European Economic Area (EEA). Where LLOY is processing Personal Data on behalf of an EU/EEA-based client, in the use of a LLOY solution by that client, it processes the data on the relevant individuals (typically, customers of the client) in the capacity of an agent – what the GDPR calls a processor. In all these cases, LLOY will process the Personal Data in accordance with the EU GDPR, and the rights set out above will be granted in full compliance with the EU GDPR, by any LLOY entity (because the EU GDPR applies and will continue to apply to all such processing, also after the post-Brexit transition period during which the EU GDPR applies in the UK as if the UK were still a Member State).
On 31 December 2020, the post-Brexit transition period will end, and the data protection law that applies in the UK will then be the “UK GDPR” which is for the time being almost the same as the EU GDPR (but that may change over time). However, this does not affect the application of the EU GDPR to the processing of Personal Data set out above: that will remain subject to the EU GDPR because the EU GDPR applies to any processing by any entity outside the EU in relation to the offering of goods or services to individuals in the EU/EEA, or the monitoring of the behavior of such individuals by such an entity, and to any processing by any entity acting as a processor for an entity that is subject to the EU GDPR (such as EU/EEA-based clients of LLOY).
In relation to clients and suppliers in the UK, LLOY will process all relevant Personal Data in accordance with the EU GDPR until the end of the post-Brexit transition period (because until then the EU GDPR continues to apply in the UK). From 1 January 2021, LLOY will process all Personal Data that will then become subject to the UK GDPR in accordance with that UK GDPR. If, after that date, the data are also subject to the EU GDPR (because of the stipulations on its applicability outlined above), LLOY will also process the data in accordance with the EU GDPR.
The European Economic Area consists of all the 27 EU Member States plus Iceland, Liechtenstein and Norway. EU data protection law including the GDPR also applies to the non-EU EEA states.
All LLOY’s solutions are based on the principles of “Privacy and Data Protection by Design and Default”. This means we design all our solutions so as to implement all appropriate technical and organizational measures, such as pseudonymization, data minimization, encryption and other security measures, ensure full, built-in compliance with all applicable data-protection principles and requirements, including those relating to the rights of data subjects (Cf. Article 25 GDPR).
If you want to exercise any of these rights, or to receive any further information on our processing of your personal information and data, please email us at email@example.com.
Updated: February 24, 2021