At Hamilton we protect the integrity of our clients, partners and employees by taking the appropriate measures in order to comply with current data protection regulations. Everyone is entitled to the protection of their personal data.
Hamilton has developed a data protection policy (the “Policy”) regarding our processing of personal data pertaining to clients, partners and others that Hamilton may process in connection with our business. The Policy follows the regulation (EU) 2017/679 of the European Parliament and of the Council on the 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (the “GDPR”).
Personal data means any information that may be used to identify you directly or indirectly or otherwise adheres to you as a person. The policy explains how your personal data may be processed as well as your rights and Hamilton’s obligations in relation to the processing. Hamilton is the processor of the personal data processing as described in this policy. If you have any inquiries regarding the processing of your personal data, please contact us at email@example.com.
1. WHICH PERSONAL DATA IS PROCESSED
1.1 Hamilton will primarily process personal data collected from you directly as a result of our contact with you. For example in connection with an assignment, cooperation, a job application or any other situation where we get access to your personal data.
Personal data that Hamilton may collect from you include:
- basic information about you such as your name, and contact details;
- language preference, job title and connection to company;
- social security number, passport number or other identification number;
- information regarding the company you own, control or work for; and/or
information regarding your prior workplace or engagements.
1.2 You are not obligated to provide us with your personal data but without access to it is possible that we may not undertake assignments, answer requests or communicate with you for other purposes. As regards to potential assignments, it may prevent us from carrying out the assignment you ask us to conduct or to make the necessary controls concerning conflict of interest and money laundering. We have to decline any potential assignment if these controls cannot be carried out.
1.3 Some personal data may be obtained from other sources, including publicly available search engines, sector-specific newsletters, social media and information on your employer’s website. Such collecting of personal data is undertaken to determine your current professional position.
2. WHY WE PROCESS YOUR PERSONAL DATA
2.1 Hamilton may use your personal data for different purposes including:
- the fulfilment of our obligations towards you by performing and managing assignments or safeguarding your interests, for example by invoicing, client registration or management of client accounts;
- the fulfilment of our obligations under laws and regulations; including compulsory controls regarding conflict of interest and (if applicable) money laundering and for accounting and invoicing purposes;
- and business and method development, market analysis, statistics and risk management.
2.2 Hamilton may process your personal data on any of the following grounds:
- to fulfil the agreement entered into with you or your business;
- to fulfil our obligations under laws and regulations;
- to protect and safeguard your interests;
- if you have given prior consent to your personal data being processed for one or several specific purposes; and/or
- to fulfil a purpose pursuant to our, or a third party’s, legitimate interest.
2.3 When applicable, your personal data may be processed for the purpose of fulfilling Hamilton’s legitimate interest. Such legitimate interests may be applicable:
- when we fulfil our obligations to our clients in accordance with an assignment or agreement that is part of our business activity;
- in connection with our business and method development, market analysis, statistics and risk management; and
- when we process personal data for direct marketing, such as newsletters and other updates or invitations to Hamilton events.
- By way of the cases mentioned above, our legitimate ground is to carry out our assignments as a part of our business activity, to analyse and develop our business and to communicate information to potential clients and others about Hamilton’s business and services. You have the right to object to us processing your personal data based on our legitimate grounds, for more information see section
2.4 Sensitive personal data including information about union membership, information regarding health or sexual orientation may be processed if you have provided your consent hereto, in order to fulfil our legal obligations, e.g. in accordance with labour law, or if the processing is necessary in order to safeguard and enforce your legal claim.
3. How we process your personal data
3.1 Access to personal data
According to legal privilege, Hamilton is obligated under Swedish law to observe confidentiality regarding all client information we process unless you have given your consent to publicise the information.
We will not disclose any personal data to a third party other than when:
such disclosure has been agreed between you and Hamilton;
such disclosure is necessary in order to exercise your rights in connection with an assignment. In these situations, we may disclose your personal data to courts, authorities, counterparties and their advisors;
such disclosure is necessary for us to comply with obligations under laws and regulations or a decision from an governmental authority or court; and
we hire external personnel that carry out assignments on our behalf. For example, we have several suppliers providing us with our IT systems, telephone services and other software that may process your personal data. These suppliers generally have access to the information being processed through the systems they provide. However, they may only process your personal data to the extent that is necessary in order for them to provide their services and may not use your personal data for their own purposes.
3.2 Retention period
Hamilton will store your personal data until they are no longer needed for the purposes they were collected. The personal data may also be stored in order to fulfil another purpose than for which the personal data was initially collected, provided that the new purpose does not conflict with the initial purpose. Hamilton will erase the data that is no longer needed but may save specific personal data necessary in order to fulfil obligations under laws and regulations and maintain the relationship with you.
Regarding client matters, the processing will be carried out in accordance with the code of professional conduct issued by the Swedish Bar Association, Guiding Principles for Good Advocate Conduct (Sw. “Vägledande regler om god advokatsed”). This means that any data will be saved for ten years from the matters date of completion, or longer if required by the nature of the matter. Personal data that is required to be saved for a certain amount of time according to laws and regulations, for example ongoing assignments, will be saved in compliance with such laws and regulations after the assignment is completed.
Data that is processed for the purpose of developing, analysing and marketing may be saved one year from the last point of contact. If you decline to receive direct marketing from us, any personal data that is processed for this purpose will be erased immediately.
Information provided in the accounts and accounting information is saved for seven years in accordance with the Swedish Accounting Act (Sw. “Bokföringslagen”).
4. Your rights
4.1 The right to obtain a copy and to rectification
You have the right to obtain a copy of your personal data undergoing processing by Hamilton without cost. If you consider any personal data about you, collected by Hamilton, to be incorrect, you have the right to rectification. Hamilton will rectify all personal data that is incorrect with the exception of personal data only processed for archiving purposes.
4.2 Right to erasure
Your personal data will not be saved for a longer period than specified in section 3.2 and Hamilton will erase all other personal data in compliance with applicable laws and regulations. You have the right to demand erasure of incorrect personal data and processing of personal data that is no longer necessary. Such a demand of erasure may also regard personal data being processed due to legitimate interests.
4.3 Right to object
You have the right to object to processing made based on our legitimate interests. Such objection means that Hamilton may not process your personal data further. Hamilton’s processing based on legitimate interest is specified above in section 2.3.
4.4 The right to restriction of processing
You have the right to obtain restriction of processing when one of the following circumstances is applicable:
if you contest the accuracy of the personal data;
if the processing is unlawful and you request restriction instead of deletion of the personal data;
if the personal data is no longer needed for the purposes of the processing, but you require the personal data for the establishment, exercise or defence of legal claims; or
if you have objected to processing based on legitimate interest.
A restriction of processing means that the personal data only shall be further processed with your consent, with the exception of storage.
4.5 Right to data portability
You have the right to receive the personal data that you have provided to us in a structured, commonly used and machine-readable format. This applies to processing based on your consent or due to an agreement.
4.6 Right to withdrawal of consent
If you have given your consent to processing, you have the right to withdraw that consent. When you withdraw your consent the processing that the consent refers to will cease and those collected personal data will be erased given that the personal data is not needed for any other purpose giving Hamilton the right to process your personal data.
4.7 The exercise of your rights
If you wish to invoke any of your rights specified above, you may contact us as described below in section 6.
Hamilton will process your request according to this section 4 without undue delay. If Hamilton decides not to grant your request in full or in part, Hamilton will notify you about this as well as the reason for the decision.
5. Supervisory Authority
If you are unsatisfied with Hamilton’s processing of your personal data or a decision in reference to section 4 above you always have the right to make a complaint with The Swedish Data Protection Authority (Sw. “Datainspektionen”).
6. How to contact us
E-mail us at firstname.lastname@example.org or regular mail to the address provided below if you have any inquiries regarding our processing of your personal data.
The data controller for the processing described herein is Hamilton Advokatbyrå KB, registration number 969741-8540, Hamngatan 27, Box 715, 08 505 501 00, www.hamilton.se, email@example.com