Privacy Policy
This Privacy Notice applies to personal information Fraser Law, collects through this website (URL).
By using our website (the "Site"), you signify your consent to the terms of our Privacy Notice. If you do not agree with any terms of this Privacy Notice, please do not use this Site or submit any personal information to us, or use the preference tools we provide to adjust your settings. This Privacy Notice also describes certain choices you have on how we use your personal information.
We reserve the right to modify this Privacy Notice at any time. We will reflect any such modifications to this Privacy Notice on our Site. We suggest that you periodically consult this Privacy Notice for any updates. Your continued use of the Site after any such changes constitutes your acceptance of this Privacy Notice, as revised.
About Us. This Site is operated by Fraser Law. We are a law practice conducted at Upstairs “Ingleside”, Corner 7th Ave. Belleville & Pine Road, St. Michael, Barbados.
What is the purpose of this document? If you contact an attorney-at-law through the use of this Site and establish a professional relationship with that attorney-at-law, any personal information you share with that attorney-at-law will be subject to the professional obligation to maintain confidentiality as established by the Legal Profession Code of Ethics 1988 Cap. 370A of the laws of Barbados. Please note that submitting information through this Site does not create an attorney-client relationship between you and any of our attorneys-at-law. Only a direct contact between you and an individual attorney-at-law and an engagement agreement creates such a relationship.
Fraser Law is responsible for processing personal data about you and is committed to protecting the privacy and security of your personal data. We discuss below what is meant by “personal data”.
This Privacy Notice describes and provides you with notice of how we collect and use personal data about you in accordance with data protection law, including the Data Protection Act, 2019 of the laws of Barbados (the “DPA”). Fraser Law is a "data controller". This means that we are responsible for deciding how we hold and use personal data about you. We are required under data protection legislation to notify you of the information contained in this Privacy Notice.
3. Data protection principles. We will comply with data protection law. This means that the personal data we hold about you must be:
Used lawfully, fairly and in a transparent way.
Collected only for specified, explicit and legitimate purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
Adequate and relevant to the purposes we have told you about and limited only to those purposes.
Accurate and kept up to date.
Kept only as long as necessary for the purposes we have told you about.
Kept securely.
4. What Personal Data Do We Collect? The DPA defines personal data as data which relates to an individual who can be identified from that data; or from that data together with other information which is in the possession of or is likely to come into the possession of the data controller including details such as the matter about which you contacted this Site and any other information that you choose to provide.
We may collect and process different types of personal data including “sensitive personal data” (defined below) in the course of operating our business and providing our services. These include:
Basic personal details such as your name and job title;
Contact data such as your telephone number and postal or email address;
Financial data such as payment related information or bank account details;
Demographic data such as your address, preferences or interests;
Site usage and other technical data such as details of your visits to our websites or information collected through cookies and other tracking technologies;
Personal data provided to us by or on behalf of our clients or generated by us in the course of providing our services, which may, where relevant, include sensitive personal data;
Identification and other background verification data such as a copy of passports or utility bills or evidence of beneficial ownership or the source of funds to comply with client due diligence/”know your client”/anti-money laundering laws and collected as part of our client acceptance and ongoing monitoring procedures;
Recruitment related data such as your curriculum vitae, your education and employment history, details of professional memberships and other information relevant to potential recruitment to Fraser Law;
Data that you may provide to us in course of registering for and attending events or meetings, including access and dietary requirements; and any other personal data relating to you that you may provide.
5. “Our onboarding form” How do we obtain the personal data about you? We may collect or receive your personal data in a number of different ways:
Where you provide it to us directly, for example by corresponding with us by email, or via other direct interactions with us such as completing a form on our website, our onboarding form or registering for and using one of our online tools;
Where we monitor use of, or interactions with, our websites, any marketing we may send to you, or other email communications sent from or received by Fraser Law;
Third party sources, for example, where we collect information about you to assist with “know your client” checks as part of our client onboarding procedures or where we receive information about you from recruitment agencies for recruitment purposes; or
Publicly available sources - we may, for example, use such sources to help us keep the contact details we already hold for you accurate and up to date or for professional networking purposes, e.g. LinkedIn.
Owing to the services that we offer, Fraser Law sometimes needs to process “sensitive personal data” about you. The DPA defines “sensitive personal data” as personal data consisting of information on a data subject’s racial or ethnic origin; political opinions; religious beliefs or other beliefs of a similar nature; membership of a political body; membership of a trade union; genetic data; biometric data; sexual orientation or sexual life; financial record or position; criminal record; or proceedings for any offence committed or alleged to have been committed by him, the disposal of such proceedings or the sentence of any court of competent jurisdiction in such proceedings. Where we collect such information, we will only request and process the minimum necessary for the specified purpose and identify a compliant legal basis for doing so.
6. What are your rights? Under certain circumstances, by law 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 description of the personal data we hold about you.
Obtain from us, without undue delay, the rectification of inaccurate personal data concerning you. This enables you to have any incomplete or inaccurate data we hold about you corrected.
Obtain from us the erasure of personal data concerning you without undue delay. This enables you to ask us to delete or remove personal data where the personal data is no longer necessary in relation to the purposes for which it was collected or otherwise processed; you withdraw consent where the processing is done pursuant to us obtaining your consent to process your personal data or sensitive personal data, and where there is no other legal ground for the processing; you object to the processing where it is likely to cause damage or distress and there are no overriding legitimate grounds for the processing, or you object to the processing for purposes of direct marketing; the personal data has been unlawfully processed; the personal data has to be erased in compliance with a legal obligation in Barbados or there is no good or legitimate reason for us continuing to process it.
Request the restriction of processing of your personal data. This enables you to ask us to suspend the processing of personal data about you, for example where the accuracy of the personal data is contested by you, for a period enabling us to verify the accuracy of the personal data; where the processing is unlawful and you oppose the erasure of the personal data and request the restriction of its use instead; where we no longer need the personal data for the purposes of the processing, but the personal data is required by you for the establishment, exercise or defence of legal claims; where you have objected to processing likely to cause damage or distress pending the verification whether the legitimate grounds of Fraser Law overrides your grounds.
Receive the personal data concerning you. You will also have the right to have your personal data transmitted directly from us to another data controller, where technically feasible and under certain circumstances.
Require that we, after providing a written notice, at the end of a 21 day period cease, or not to begin, processing, or processing for a specified purpose or in a specified manner, any personal data in respect of which you are the data subject, on the ground that the processing of the data or our processing for that purpose or in that manner is causing or is likely to cause substantial damage or distress to you or another; and the damage or distress is or would be unwarranted.
Not be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you.
7. How Do We Use Your Personal Data? Fraser Law will process (collect, record, hold, store, disclose and use) the data you provide in a manner compatible with the DPA and justified under one of a number of legal grounds. The principal legal grounds that justify our use of your personal data are:
Contract performance: where your information is necessary to enter into or perform our contract with you.
Legal obligation: where we need to use your information to comply with our legal obligations.
Legitimate interests: where we use your information to achieve a legitimate interest and our reasons for using it outweigh any prejudice to your data protection rights.
Legal claims: where your information is necessary for us to defend, prosecute or make a claim against you, us or a third party.
Consent: where you have consented to our use of your information (you will have been presented with a consent form or facility in relation to any such use and may withdraw your consent through an unsubscribe or similar facility).
We may use your personal data in the following ways. In each case, we note the grounds that we rely on to use your personal data.
To provide our legal and other services to you and to conduct our business – to administer and perform our services, including to carry out our obligations arising from any agreements entered into between you and us;Legal grounds: contract performance, legitimate interests (to enable us to perform our obligations and provide our services to you), consent.
To facilitate use of our Site and to ensure content is relevant – to respond to requests for information or inquiries from visitors to our Site and to ensure that content from our Site is presented in the most effective manner for you and for your device; Legal grounds: legitimate interests (to allow us to provide you with the content and services on the Site), consent, contract performance.
For marketing and business development purposes – to provide you with details of new services, legal updates and invites to seminars and events where you have chosen to receive these. We will provide an option to unsubscribe or opt-out of further communication on any electronic marketing communication sent to you or you may opt out by contacting us; Legal grounds: legitimate interests, consent.
For research and development purposes – analysis in order to better understand your and our clients’ services and marketing requirements and to better understand our business and develop our services and offerings; Legal grounds: legitimate interests (to allow us to improve our services).
For recruitment purposes – to enable us to process applications for employment submitted via any careers section of our Site and to assess your suitability for any position for which you may apply at Fraser Law; Legal grounds: legitimate interests (to ensure that we can make the most appropriate recruitment decisions for Fraser Law), contract performance (in order for us to take steps at your request to enter into a contract with you).
To fulfil our legal, regulatory, or risk management obligations – to comply with our legal obligations (performing client due diligence/”know your client”, anti-money laundering, anti-bribery, sanctions or reputational risk screening, identifying conflicts of interests); for the prevention of fraud and/or other relevant background checks as may be required by applicable law and regulation and best practice at any given time (if false or inaccurate information is provided and fraud is identified or suspected, details may be passed to fraud prevention agencies and may be recorded by us or by them); to enforce our legal rights, to comply with our legal or regulatory reporting obligations and/or to protect the rights of third parties; Legal grounds: legal obligations, legal claims, legitimate interests (to cooperate with law enforcement and regulatory authorities, to ensure that you fall within our acceptable risk profile and to assist with the prevention of crime and fraud). Where we process sensitive personal data we may also rely on substantial public interest (prevention or detection of crime) or legal claims.
To ensure that we are paid – to recover any payments due to us and where necessary to enforce such recovery through the engagement of debt collection agencies or taking other legal action (including the commencement and carrying out of legal and court proceedings); Legal grounds: contract performance, legal claims, legitimate interests (to ensure that we are paid for our services).
To inform you of changes – to notify you about changes to our services or this Privacy Notice. Legal grounds: legitimate interests (to ensure we can notify you about changes to our service, etc).
8. Data retention - How long will you use my data for? Fraser Law has defined procedures for adhering to the retention periods as set out by relevant laws, contracts and our business requirements, as well as adhering to the DPA requirement to only hold and process personal data for as long as is necessary to fulfil the purposes we collected it for. All personal data is disposed of in a way that protects your rights and privacy (e.g. shredding, secure electronic deletion) and prioritises the protection of the personal data in all instances.
9.Personalized Experience and Web Analytics. We also automatically collect data when you visit our Site, and any other applications which Fraser Law uses to provide its services in order to customize your experience. For example, we collect data about what website referred you to our Site (if any), your browser type, operating system type and version, language, and your Internet Protocol ("IP") address. We also collect data about how you browse through our Site, including logging the pages you visit and the amount of time you spend on certain pages. We use this data for a number of technical purposes to ensure that our pages load correctly in your browser. We also use this data to improve our Site. For example:
we use IP addresses to correct pages for your geographical location;
we log the frequency of visits to certain pages on our website and how visitors navigate through our website in order to detect problems, improve our Site and learn about what services are of interest to our customers; and
we track whether certain types of promotional e-mails were opened by you and whether you sought data about a particular product or service in order to make inferences about other products and services you might be interested in.
10. Choices. In general, you are not required to submit any personal data to Fraser Law, but we will require you to provide certain personal data in order for you to receive additional information about our services. Fraser Law will also ask for your consent for certain uses of your personal data, and you can agree to or decline those uses.
11.Regarding Children and Minors. Our website and the services offered on our website are not directed to children under the age of 13 years. We will not knowingly collect personal data about a child under the age of thirteen (13) years old.
In accordance with the DPA, where services are offered to children, we will not collect, use or disclose personally identifiable data from a child without obtaining prior parental consent, which will be verified by obtaining a signed consent form from the parent.
12. Transferring data outside Barbados. We may transfer and process the personal data we collect about you to another country outside of Barbados to enable Fraser Law and its service providers to process your data consistent with this Privacy Notice.
We also ensure that adequate/standard data protection clauses are in force in any relevant legal contracts and agreements to ensure that your personal data is treated by third parties and other affiliates in a way that is consistent with and which respects all applicable local laws on data protection. In accordance with the DPA, this adequate level of protection will take into account the nature of the personal data we collect from you; the country or territory of origin of the information contained in the data you provide; the country or territory of final destination of that information; the purposes for which and period during which the data is intended to be processed; the law in force in the country or territory in question; the international obligations of that country or territory; any relevant codes of conduct or other rules which are enforceable in that country or territory whether generally or by arrangement in particular cases; and any security measures taken in respect of the data in that country or territory.
13. How Do We Protect Your Personal Data? We take administrative, technical and physical measures to safeguard your personal data against unauthorized access, unauthorized disclosure, theft and misuse. Information that you provide to us is stored on our service providers’ secure servers and accessed and used subject to our security policies and standards, or those agreed with our service providers. We take physical precautions to ensure that the computer servers on which your personal data is stored and archived are secure and that access to such servers is protected. We educate our employees with respect to their obligations to protect your personal data and we require our affiliates and any third-party service providers to take comparable steps to ensure the protection of any of your personal data that is shared with them.
Everyone at Fraser Law and any third-party service providers we may engage that process personal data on our behalf (for the purposes listed above) are also contractually obligated to respect the confidentiality of personal data.
Although we take precautions against possible breaches of our security systems, no company can fully eliminate the risks of unauthorized access to your personal data and no website is completely secure. We cannot guarantee that unauthorized access, hacking, data loss or breaches of our security systems will never occur. Accordingly, you should not transmit personal data to us using our website if you consider that data to be sensitive.
14. Agreeing To These Terms is Your Consent. Where consent is required for Fraser Law to process both standard and sensitive types of personal data, it must be explicitly given. By consenting to this Privacy Notice you are giving us permission to process your personal data specifically for the purposes identified. Where we are asking you for sensitive personal data we will tell you why and how the data will be used. Agreement with this Privacy Notice and its accompanying terms and conditions (as applicable) (and any Data Processing Agreements, if they apply to you) will be considered to be explicit consent and we will keep a copy of the records of that consent for audit purposes.
15. How you can contact us? If you have any questions about this Privacy Notice or how we process your personal data, please contact us by sending an email to: fraserlawoffice@dfraserlaw.com or to Debbie Fraser at debbie.fraser@dfraserlaw.com.