Terms of Use, Privacy & Cookie Policy

1. These are the terms of use of this website (www.williammcloughlinbl.com) owned by William McLoughlin BL, Law Library, Four Courts, DX 814 235, Dublin 7.

2. This website is subject to the copyright of William McLoughlin BL and cannot be copied, shared, transcribed, printed or transferred onto any physical medium or electrical storage medium, that includes but is not limited to sections of the website, without the express written consent of William McLoughlin BL. For the avoidance of doubt, any unauthorised and or non-consensual processing of data on this website, including but not limited to the copying and or printing of any text, will result in legal action and or a complaint to the Data Protection Commission.

3. The content on this website is for general information purposes and does not constitute legal advice nor expert opinion nor should any information be relied upon without independent legal advice.

4. William McLoughlin BL, nor their employees, agents or servants, provide any warranty and or guarantee as to the accuracy, timeliness, performance, completeness, credibility, veracity or suitability of information and or materials on this website.

5. The use of this website does not create, bestow or otherwise confer any form of contractual relationship, professional relationship or any form of duty of care on William McLoughlin BL and any user of the website and or any third party.

6. This website contains material which is owned by or licensed to William McLoughlin BL and includes, but is not limited to, the design, layout, look, appearance, photographs and graphics. Reproduction is prohibited except with express written consent from William McLoughlin BL.

7. Your use of this website site and or any dispute arising out of such use of the website is subject to the jurisdictions and or laws of the Republic of Ireland.

8. In the event of any term being found incapable of being enforced then the remaining terms shall remain in full force and effect to the strongly possible extent in law.

9. The following Privacy Policy and Cookie Policy are incorporated into these Terms of Use and both our Privacy Policy and Cookie Policy should be read in conjunction with these Terms of Use.

10. Any referral to a solicitor (with your consent) or any suggestion or advise to contact a particular solicitor is done so on a without prejudice basis and William McLoughlin BL makes no representations or warranties as to the skill, ability and or suitability of any solicitor.

11. If you do not agree to these Terms of Use then do not use the website.

1. This is the Privacy Policy of William McLoughlin BL, Law Library, Four Courts, DX 814 235, Dublin 7, referred to as ‘we’, ‘us’ or ‘our’ under the circumstances.

2. Any interpretation of this Privacy Policy is governed by the Irish Data Protection Act 2018.

3 .We act as a data controller in our own right, but we also act as a data processor in some legal cases, i.e. where we are instructed by a solicitor to process their client’s data on behalf of the solicitor.

4. Our lawful grounds of processing include:

a. Consent.

b. To enter into and or perform a contract.

c. To provide legal services in accordance with the Legal Services Regulation Act 2015 and associated legislation,

d. To comply with a legal obligation,

e. To further our legitimate interest(s), and or,

f. Where processing is necessary to protect the vital interests of a person.

5. We only processes the following categories of personal data that are provided by the data subject that are necessary to process under the circumstances:

a. Data subject’s name,

b. Data subjects contact details (address, email, phone number, etc.),

c. Financial details (for payment, etc.)

d. On a case-by-case basis, and only where necessary, process other categories of personal data in order to provide legal advice, litigation services, representation, advocacy and or of consultancy services in accordance with the Legal Services Regulation Act 2015.

6. We do not process special categories of data as a matter of course. However, we may, only on a case-by-case basis and where necessary, process special categories of personal data of a specific data subject as volunteered and or provided to us by a data subject in order to provide legal advice, litigation services, representation, advocacy and or of consultancy services in accordance with the Legal Services Regulation Act 2015.

For example, if a data subject was involved in a personal injuries accident and sought to sue someone, then we need to process the data subject’s medical files, medical reports, etc. in order to properly assess the likelihood of success, the value of the claim, draft appropriate legal documents, provide proper legal advice and litigate at trail.

Likewise, if a data subject were to make an equality claim, claiming they were discriminated against by an organisation, then we would need to process their grounds of discrimination which may, by necessity, require the processing of special categories of personal data (i.e. such as their health, disability, etc.).

7. We source a data subject’s personal data

a. Directly from a data subject,

b. Directly from a representative of the data subject (e.g. their attorney, solicitor, etc.).

c. Indirectly from a client or potential client who may provide information about a data subject in order to get legal advice, engage in legal services, etc.

d. Directly from third parties to which absolute privilege attaches and or qualified privilege attaches under the circumstances,

e. Directly and or indirectly via the legal process, i.e. legal documents in the litigation process that, by necessity, we have to engage with such as requests for further information, interrogatories, discovery, etc.

f. Directly and or indirectly from certain identified third parties as required and necessary in accordance with statuary requirements and or litigation requirements under the Rules of Court. For example, in certain personal injuries cases, there is a duty on legal representatives from both sides, the plaintiff and defendant, to share certain medical reports with their opposing legal practitioners, a failure of which can result in the plaintiff’s/defendant’s case being struck out.

8. We only use information that you provide to us for the following specific purposes;

a. to provide you with information about our services that you have requested (we do not send unsolicited marketing emails).

b. in order to enter into, negotiate terms and or perform any contract with you.

c. in order to comply with any legal obligation, duty and or responsibility, with specific regard to the Legal Services Regulation Authority 2015.

d. In order to prevent, detect and or report crime and or any suspected criminal activity.

e. In order to promote and or protect our legitimate interests.

f. In order to protect our vital interests under the circumstances.

g. to provide monitoring, review and support of our online presence via our website and social media (please see our Cookie Policy).

9. We do not use your personal data for any Marketing or Advertising purposes as most of our business is based on our reputation and or ‘word of mouth’.

10. When necessary, we may share your data with:

a. Your nominated agent, solicitor and or attorney.

b. To any third party that you nominate and instruct us to share your data with.

c. To any third party to whom we have a legal obligation to share your data with.

d. The Courts and Courts Services of Ireland (in order to litigate based on your instructions).

e. To any third party to whom we outsource business functions such as debt collection, accountancy services, legal advice, litigation, etc. with appropriate safeguards in place to ensure the security and integrity of your data.

11. Where we act as a data processor on behalf of a data controller, we have in place a data processing agreement. The default data processing agreement in place between a barrister and solicitor is the Law Society of Ireland’s Data Processing Agreement between Solicitors and Barristers.

12. If you decide to engage us for legal advice without a solicitor or by way of ‘direct professional access’ then we may put in place a specific data processing agreement with you based on your particular requirements and whether we will be processing personal data on your behalf. This will be established on a case-by-case basis.

13. If in the event that any part, provision, sentence or collection of words, of this Privacy Policy are, for whatever reason, ruled to not be applicable regardless of whether by a court of law or a National Supervisory Authority under the General Data Protection Regulation (GDPR), or the Data Protection Commission under the Data Protection Act 2018, then that particular part, provision, sentence or collection of words will be severed and the remaining parts, provisions, sentences or collection of words of this Policy shall be enforceable and or applicable in so far as possible to the fullest extent permissible under law.

14. This Privacy Policy is to be read in accordance with the Terms of Use & Cookie Policy of this website as this Privacy Policy & Cookie Policy are incorporated into said Terms of Use of this website.

15. All data processed will be held as confidential, secure, will be used only for the purposes for which it was collected and will be destroyed or deleted once is it no longer necessary in accordance with our data retention policy.

16. We have a standard data retention period of seven years and may retain specific personal data longer if we identify a lawful ground to continue processing personal date under the Data Protection Act 2018 and or GDPR (e.g. to pursue a legal claim, tax records, etc. )

17. We have reasonable security measures in place that include physical security (such as physical locks, alarms, etc.) and antivirus, encryption and multi-factor authentication in order to protect personal data.

18. We do not engage in any automated decision-making processes nor do we use any personal data as a basis for any such automated decisions.

19. We do not transfer personal data outside the jurisdiction of, or application of, the General Data Protection Regulation. However, we may outsource some commercial activities and or and or engage with some third-party service providers based within the EU that may share data within other EU member states (e.g. back up, storage facilities, etc.) and such third-party suppliers are subject to the ‘One Stop Shop Mechanism’ as identified by the Irish Data Protection Commission.

20. We may also outsource some commercial actives to third parties that are based outside the EU but GDPR still applies to any data processed as a result, in accordance with GDPR, the Data Protection Act 2018 and practice directives issued by the Irish Data Protection Commission such as the EU-US Privacy shield. For example, we use Microsoft Professional Services, including ‘One Drive’ for secure storage and back up of documents which is based outside the EU but has in place a EU-Privacy shield and other security measures in place to ensure GDPR compliance.

21. For more information about safeguarding international transfers of data, the ‘One Stop Shop Mechanism’ and EU-US Privacy Shield, please see the Data Protection Commission’s website at www.dataprotection.ie

22. Consent to process a data subject’s personal data can be by way of notification on our website that requires an explicit acceptance of this Privacy Policy and associated Cookie Policy to use the website.

23. Consent to process a data subject’s personal data can be obtained by way of a schedule or estimation of fees, Section 150 Notice (under the Legal Services Regulation Act 2015), any physical form, document, email, other paperwork or data processing agreement with us that refers to our privacy policy on this website and acceptance of same.

24. Data Subjects have the right to:

a. Request access to your personal data.

b. Request correction of any data held about you.

c. Request erasure of personal data.

d. Object to processing of personal data.

e. Request restriction of processing of personal data.

f. Request transfer of personal data to a third party.

g. Withdraw consent at any time (where we are relying on consent to process a data subject’s personal data).

25. In order to contact us in relation to data protection matter, please email wmcloughlin@lawlibrary.ie Please note:

a. We may ask for proof of identification to ensure you are the correct data subject and are entitled to a response.

b. In the event of ongoing litigation, the threat of litigation, or other similar scenarios, we are entitled to withhold personal data in accordance with the Data Protection Act 2018.

c. Communications between a lawyer and client are privileged under law and cannot be disclosed.

26. For full information on all data subject’s rights and or to refer any matter to the Data Protection Commission, please visit www.dataprotection.ie. We ask that if you are considering referring a matter to the Data Protection Commission that you notify us in advance to allow us attempt to rectify any difficulty you may be experiencing.

COOKIE POLICY

1. Any interpretation of this Privacy Policy is governed by the Irish Data Protection Act 2018.

2. This Cookie Policy is incorporated into both our Terms of Use and Privacy Policy and both our Terms of Use and Privacy Policy should be read in conjunction with this Cookie Policy.

3. Cookies are small text files that are stored on your computer, tablet or the device you use to access this website www.williammcloughlinbl.com

4. We use cookies to improve the user experience and to provide us with information about how our website is used so that we can make sure it is up to date, relevant and error free. We do not use cookies for the purposes of identifying you as an individual person.

5. By using our website you agree to our Cookie Policy. You can choose to restrict cookies through your browser settings at any time.

6. For more information about how to do this, and about cookies in general, you can visit www.allaboutcookies.org

7. Our website was designed and hosted via Wix and has cookies that are necessary in order to provide and or use the website. For full information on Wix and their necessary cookies please visit www.wix.com/about/privacy.

8. We also use Google Analytics for the purposes of reviewing our website. For full information on Google Analytics and their cookies, please visit www.policies.google.com/privacy.

9. Below is a list of cookies that can be found on this website:

Cookie ID Party Expiration Source Description

ForceFlashSite 3rd Session Wix Sets display of site

hs 3rd Session Wix Used for security

XSRF-TOKEN 3rd Session Wix Used for security

SSR-caching 3rd Session Wix Site rendering

svSession 3rd 2 years Wix Identifies unique visitors

_utma 3rd 2 years Google Analytics Identifies unique visitors

_utmb 3rd 2 years Google Analytics Determines visitor session

_utmc 3rd - Google Analytics Determines visitor session

_utmz 3rd 6 months Google Analytics Tracks traffic source & navigation

10. If you have any questions about our privacy policy, data protection practices or you would like to make a data access request please email us at wmcloughlin@lawlibrary.ie

11. For more information about how cookies can be processed in accordance with the Data Protection Act 2018 and GDRP please visit the Data Protection Commission’s website at www.dataprotection.ie