Privacy Policy

Lavatech Privacy Policy

Introduction 

This privacy policy (this “Policy”) is for the Lavatech Limited apps and products that we use as part of our business. In this Policy, our business (being a law firm, legal services provider or legal intermediary that you are using or have instructed) is referred to as “we“, “us” or “our“. 

Lavatech Limited (“Lavatech”) is a provider of the apps and products to law firms, legal services providers and legal intermediaries, and, according to data protection laws, Lavatech is a processor of your personal data through your use of those apps and products, whilst we are the controller of your personal data. 

We respect your privacy and are committed to protecting your personal data. This Policy will inform you as to how we look after your personal data when you use Lavatech’s products, including: 

• The inCase application 
• Identity verification features 
• Video conferencing features 
• The QuoteXpress feature on our website 

(“Products”), whether through a mobile application or a web-application (together, the “App”). This Policy also tells you about your privacy rights and how the law protects you. 

Please also use the Glossary at paragraph 11. below to understand the meaning of some of the terms used in this Policy. 

1.IMPORTANT INFORMATION AND WHO WE ARE 

Purpose of this Policy 

This Policy aims to give you information on how we collect and process your personal data through your use of the Products and the App, including any data you may provide through the Products and the App. 

The Products and the App are not intended for children or any person under the age of 18, and we do not knowingly collect data relating to people of that age. 

It is important that you read this Policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This Policy supplements other notices and privacy policies and is not intended to override them. 

Controller 

We are the controller and are primarily responsible for your personal data. Lavatech is a processor; it provides the Products and the App to us and, when you use the Products and the App, Lavatech processes any personal data you share with the Products and the App on our behalf.  

If you would like to submit any requests to exercise your legal rights (as set out in paragraph 10. below), please contact us, using the details on our website, contained in the Product or the App, or contained in the engagement documentation that you have signed with us.  

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK regulator for data protection issues (www.ico.org.uk). However, we would appreciate the chance to deal with your concerns before you approach the ICO, so please contact us in the first instance. 

Changes to this Policy and your duty to inform us of changes 

We keep this Policy under regular review. This version was last updated in August 2023. Any changes will be posted on this page and, where appropriate, notified to you when you next start the App or use the Products. The new policy may be displayed on-screen and you may be required to read and accept the changes to continue your use of the App or the Products. 

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us. 

Third-party links 

The Products and the App may, from time to time, contain links to and from the websites of partner networks and affiliates. Please note that these websites and any services that may be accessible through them have their own privacy policies and that we do not accept any responsibility or liability for these policies or for any personal data that may be collected through these websites or services. Please check these policies before you submit any personal data to these websites or use these services. 

2.THE DATA THE PRODUCTS AND THE APP COLLECTS ABOUT YOU 

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data). 

The Products and the App may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows: 

• Identity Data includes first name, maiden name, last name, username or similar identifier, login and password information, marital status, title, date of birth and gender. 

• Contact Data includes email address and telephone number(s). 
• Matter Data includes details about the legal matters in respect of which you have instructed us, or are requesting a fee estimate from us. Matter Data may include Content Data which may include information stored on your device, including login information, digital content, and other content stored on your device or that you otherwise you provide to the Products and the App when you use them (such as information contained in a recorded video meeting, forms you complete on the Products and the App, documentation you upload to or download from the Products and the App, and messaging that you and we exchange when using the Products and the App). 
• Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access the Products and the App. 
• Device Data: includes the type of device you use, a unique device identifier, mobile network information, your mobile operating system, and the type of mobile browser you use. 
• Usage Data includes information about how you use the Products and the App. 

We (and Lavatech) collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we do so only in accordance with this Policy and our other privacy documentation that we have provided to you. 

The Products and the App do not collect any Special Categories of Personal Data about you unless you provide it to the Products and the App (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). The Products and the App also do not collect any information about criminal convictions and offences. However, we may collect that information from you through the Products and the App, and you may still provide that information to us through the Products and the App if you choose to do so. We will ensure any legal requirements for the collection and processing of such information are fulfilled in our privacy notice and other documentation that we put in place with you separately from this Policy. 

If you fail to provide personal data 

Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to give you access to the Products and the App or conduct your legal matter). In this case, we may have to cancel your access to the Products and/or the App, but we will notify you if this is the case at the time. 

3.HOW IS YOUR PERSONAL DATA COLLECTED? 

We use different methods to collect data from and about you, including through: 

• Direct interactions. You may give us your Identity, Contact and Matter Data by filling in forms or by corresponding with us. This includes personal data you provide when you: 
• download the App 
• register to use the App or the Products 
• create an account for the App 

• use the Products and the App 
• share data via the App’s social media and communications functions 
• participate in any video meeting available through the App 
• upload any documentation to the App or share it using the Products and the App 
• report a problem with the App or the Products 

• contact us for any other reason 
• Automated technologies or interactions. As you interact with the Products and the App, we will automatically collect Technical, Device and Usage Data about your equipment, browsing actions and patterns. We collect this personal data by using server logs and other similar technologies. Please see paragraph 4. below for further details. 
• Third parties or publicly available sources. We will receive personal data about you from various third parties and public sources as set out below: 
• Technical, Device and Usage Data from analytics providers such as Google based outside the UK and information providers GB Group and SmartSearch based inside the UK. 
• Identity and Contact Data from publicly available sources such as Companies House and the Electoral Register based inside the UK. 

• When you want to install or uninstall the App, it may contain a unique application number, or when the App searches for automatic updates, that number and Device Data (such as the type of operating system), may be sent to us. 

4.COOKIES 

The Products and the App use cookies and/or other tracking technologies to distinguish you from other users of the App and the Products, the distribution platform (Appstore), and to remember your preferences. This helps us to provide you with a good experience when you use the App and the Products and also allows us to improve the App and the Products.  

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive. 

We use the following cookies in the Products and the App: 

• Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of the App. 
• Analytical or performance cookies. These allow us to recognise and count the number of visitors and to see how visitors move around the App when they are using it. This helps us to improve the way the App and the Products work, for example, by ensuring that users are finding what they are looking for easily. 
• Functionality cookies. These are used to recognise you when you return to the App. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region). 

You can find more information about the individual cookies we use and the purposes for which we use them in the table below: 

Strictly necessary cookies	Purpose
TOTEMBED	User session tracking
Analytical or performance cookies	Purpose
None	N/A
Functionality cookies	Purpose
None	N/A

You can block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of the App and the Products. 

5.HOW WE USE YOUR PERSONAL DATA 

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances: 

• Where you have consented before the processing. 
• Where we need to perform the contract we are about to enter into or have entered into with you. 

• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. 
• Where we need to comply with a legal obligation. 

See the Glossary at paragraph 11. below to find out more about the types of lawful basis that we will rely on to process your personal data. 

You have the right to withdraw consent at any time by contacting us. 

6.Purposes for which we will use 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. We have also identified what our legitimate interests are where appropriate. 

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below. 

Purpose/Activity	Type of data	Lawful basis for processing including basis of legitimate interest
To register you as a new user	(a) Identity    (b) Contact   (c) Matter	Performance of a contract with you
To manage our relationship with you, which will include updating you on your legal matter, responding to requests or questions you submit to the App and the Products (whether automatically or manually), and notifying you about changes to legal terms.	(a) Identity    (b) Contact  (c) Matter	(a) Performance of a contract with you    (b) Necessary to comply with a legal obligation  (c) Necessary for our legitimate interests (to keep records updated and to study how clients use products/services)
To administer and protect the Products and the App (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)	(a) Technical    (b) Device  (c) Usage	(a) Necessary for our legitimate interests (for provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)    (b) Necessary to comply with a legal obligation
To install the App and register you as a new App user	(a) Identity    (b) Contact  (c) Device  (c) Matter	Your consent
To deliver access to the App and the Products, and to provide the services available through the App and the Products	(a) Identity    (b) Contact  (c) Matter  (d) Device  (e) Technical  (f) Usage	Your consent    Performance of a contract with you  Necessary for our legitimate interests (for provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
To manage our relationship with you including notifying you of changes to the App or any Products	(a) Identity    (b) Contact	Your consent    Performance of a contract with you  Necessary for our legitimate interests (to keep records updated and to analyse how clients use the Products and the App)  Necessary to comply with legal obligations (to inform you of any changes to legal terms)

Change of purpose 

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us. 

If we need to use your personal data for an unrelated purpose, we will notify you and will explain the legal basis which allows that to happen. 

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law. 

7.DISCLOSURES OF YOUR PERSONAL DATA 

We may share your personal data with the parties set out below for the purposes set out in the table at paragraph 5. above. 

• External Third Parties as set out below: 

• Service providers acting as subprocessors for Lavatech: 

 

Name	Service	Location
AWS	Hosting	UK, EEA
GB Group	Identity Checking	UK
Vonage	Video Conference Hosting	UK
Document Direct	Video conference transcription	UK, EEA
SubSub	Document validation	EEA
SmartSearch	Identity Checking	UK

 

• Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in the United Kingdom who provide consultancy, banking, legal, insurance and accounting services. 
• HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances. 
• Third parties to whom we (or Lavatech or a subprocessor) may choose to sell, transfer or merge parts of our (or their) business or our (or their) assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this Policy. 
• The Information Commissioner’s Office or another regulator or relevant body (such as the Police) when we are asked or required to do so. 

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions. 

8.INTERNATIONAL TRANSFERS 

We do not transfer your personal data outside the UK or the EEA. 

We will only transfer your personal data outside of the UK to the EEA, which is deemed to provide an adequate level of protection for personal data.  

Please contact us if you want further information. 

9.DATA SECURITY 

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. 

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so. 

All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password that enables you to access certain parts of the Products or the App, you are responsible for keeping this password confidential. You should not share any password with anyone. 

10.DATA RETENTION 

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you. 

Details of retention periods for different aspects of your personal data are available from us if you contact us. 

In some circumstances you can ask us to delete your data: see paragraph 10. below for further information. 

In some circumstances we will anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you. 

11.YOUR LEGAL RIGHTS 

Under certain circumstances, you have rights under data protection laws in relation to your personal data. More information is available in paragraph 11. below.  

If you wish to exercise any of the rights set out above, please contact us. 

No fee usually required 

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances. 

What we may need from you 

We may need to request specific information from you to help us to confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response. 

12.GLOSSARY 

LAWFUL BASIS 

Consent means processing your personal data where you have signified your agreement by a statement or clear opt-in to processing for a specific purpose. Consent will only be valid if it is a freely given, specific, informed and unambiguous indication of what you want. You can withdraw your consent at any time by contacting us. 

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us. 

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract. 

Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to. 

YOUR LEGAL RIGHTS 

You have the right to: 

Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it. 

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us. 

Request erasure of your personal data. This enables you to ask us to delete or remove 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 successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request. 

Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms. 

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: 

• If you want us to establish the data’s accuracy. 

• Where our use of the data is unlawful but you do not want us to erase it. 
• Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims. 
• You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it. 

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you. 

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.