KBH PRIVACY NOTICE

KBH Kaanuun (KBH) is a legal services firm incorporated under the Dubai International Financial Centre (DIFC) and provides legal advice and assistance to its clients. The personal data that we process to provide these services relates to our clients and other individuals as necessary, including staff and suppliers’ staff.

We respect your privacy and are committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data when you contract with us, whether as a client or a supplier, or visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.

We will ensure that all staff who handle personal data on our behalf are aware of their responsibilities under this privacy notice and other relevant data protection and information security policies, and that they are adequately trained and supervised.

This privacy notice is provided in a layered format so you can click through to the specific areas set out below. Please also use the Glossary to understand the meaning of some of the terms used in this privacy notice.

1. IMPORTANT INFORMATION AND WHO WE ARE
2. THE DATA WE COLLECT ABOUT YOU
3. PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA
4. DISCLOSURES OF YOUR PERSONAL DATA
5. INTERNATIONAL TRANSFERS
6. DATA SECURITY
7. DATA RETENTION
8. YOUR LEGAL RIGHTS
9. GLOSSARY

1. IMPORTANT INFORMATION AND WHO WE ARE

Purpose of the Privacy Notice

The DIFC has its own data protection law, which is the Data Protection DIFC Law No.5 of 2020 (DPL).

This privacy notice aims to give you information on how KBH collects and processes your personal data in its dealings with you.

We do not knowingly collect data relating to children otherwise than from an authorised parent or guardian.

It is important that you read this privacy notice together with any other privacy notice or fair processing notice 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 privacy notice supplements the other notices and is not intended to override them.

Controller KBH is the controller and responsible for your personal data (collectively referred to as "we", "us" or "our" in this privacy notice).

We have appointed a data privacy manager (DPM) who is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the DPM using the details set out below.

Contact details

Our full details are:
Full name of legal entity: KBH Kaanuun
Name & designation of DPM:    Dana Rahman - Practice Manager
Email address:                        dpm@kbh.ae
Postal address:                         Dubai International Financial Centre
Gate Village 7, Level 2
PO Box 506546
Dubai
United Arab Emirates
Telephone number:                  +971 4 709 6700
You have the right to make a complaint at any time to the office of the DIFC Commissioner of Data Protection. However, if you have any queries or concerns, please contact us in the first instance.

Your duty to inform us of changes

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 engagement with us.

Third-party links

Our website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

2. THE DATA WE COLLECT ABOUT YOU

KBH will collect and process personal information provided to us via direct interactions by phone, email, in-person or completed forms including on our website. We may collect personal information for verification purposes including information that is available in the public domain and other industry-wide sources.

You are not required to provide any personal information to access any part of the KBH website including online forms, the careers section and use of designated email address for enquiries. Personal information will only be collected from users of the website who consent to providing such information.

Personal data refers to 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).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
  • Client Matter Data includes details about the matters on which we are advising you including payments to and from you and other details of the services that we are providing to you.

  • Contact Data including billing address, delivery address, email address and telephone numbers.

  • Financial Data including bank account details.

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

  • Profile Data includes your username and any password, your interests, preferences, feedback and survey responses.

  • Technical Data including 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 this website.

  • Marketing and Communications Data including your preferences in receiving marketing from us and our third parties and your communication preferences.
We may need to collect Special Categories of Personal Data about you. These are special categories of personal data that relate to information concerning (directly or indirectly) racial or ethnic origin, communal origin, political affiliations, religious or philosophical beliefs, criminal record, trade union membership and health or sex life including genetic data and biometric data where it is used for the purpose of uniquely identifying a natural person. We may, in exceptional circumstances, require the explicit consent of the data subject. Should such a need arise we will contact you. In such cases we will apply enhanced security measures to ensure that the privacy of the data is maintained and will only process it in accordance with the purposes as set out in paragraph 3 below.

Should we need to obtain, record or use any of this data then we will do so on the basis that it is necessary for the purposes of fulfilment of a contract (for example an employment contract or providing legal advice), legal claims, court proceedings or as deemed necessary for reasons of public interest.

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 deliver our legal services. In this case, we may have to cancel such an arrangement but we will notify you if this is the case at the time.

3. PURPOSES FOR WHICH WE WILL 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 we need to provide or in preparation for providing our legal services to 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 or regulatory obligation.
Generally, we do not rely on consent as a legal basis for processing your personal data other than when we need to process special category data (as explained in paragraph 2 above) or in relation to sending certain marketing communications to you via email in cases where we are not relying on the basis of legitimate interest. You have the right to withdraw consent to marketing at any time by unsubscribing from our emails (via the unsubscribe link within the email footer) or contacting our DPM via dpm@kbh.ae. You may also withdraw your consent for us to process special category data at any time, but if you do so then the consequences are set out below.

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 upon 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 our DPM 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 client

(a) Identity
(b) Contact

Performance of a contract for Legal services with you

Compliance when onboarding a new client upon registration

(a) Identity
(b) Address

To fulfil our AML obligations in accordance with the DFSA’s requirements

To manage and deliver all aspects of our legal services including:
(a) Manage payments, fees and charges
(b) Collect and recover money owed to us

(a) Identity
(b) Contact
(c) Financial
(d) Transaction
(e) Marketing and Communications

(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to recover debts due to us)

To manage our ongoing business relationship with you which will include:
(a) Notifying you about changes to our terms or privacy policy
(b) Requesting a review (e.g. Provide a reference for industry-related publications)

(a) Identity
(b) Contact
(c) Profile
(d) Marketing and Communications

(a) Performance of a contract with you
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)

To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) 

(a) Identity
(b) Contact
(c) Technical

(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and
(b) Necessary to comply with a legal obligation

To use data analytics to improve our website, products/services, marketing, customer relationships and experiences

(a) Technical
(b) Usage

Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)

To make suggestions and recommendations to you about goods or services that may be of interest to you

(a) Identity
(b) Contact
(c) Technical
(d) Usage
(e) Profile
(f) Marketing and Communications

Necessary for our legitimate interests (to develop our products/services and grow our business)

 


Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

Opting out

You can ask us to stop sending you marketing messages at any time by contacting our DPM via dpm@kbh.ae.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of any client matter that we have undertaken for you or in the course of a service we have provided to you.

Cookies

You can set your browser to refuse non-essential browser cookies. If you disable or refuse cookies, please note that some parts of our website may become inaccessible or not function properly.

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 our DPM via dpm@kbh.ae.

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

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.

4. DISCLOSURE OF YOUR PERSONAL DATA

In the course of working with you and for the purposes of the contract we have with you and/or the enforcement of legal rights, we may have to share your personal data with certain Third Parties as set out in the Glossary.

We aim to require all Third Parties to respect the security of your personal data and to treat it in accordance with the law. We direct our Third-Party service providers not 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.

5. INTERNATIONAL TRANSFERS

Given the global nature of our business, we may be required to transfer personal information to a Third Country and/or allow third parties from other countries to access the information. These countries may not provide the adequate level of data protection which is the equivalent to that of the DIFC. In such cases, KBH will only transfer your data outside of the DIFC in accordance with applicable data protection laws at all times, whilst ensuring the appropriate security safeguards to provide protection to your personal information and your rights.

6. 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, 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, obligations of this policy and the use of software systems that guard against unauthorised access.

However, no data transmission over the Internet can be guaranteed as completely secure and accordingly we cannot warrant that the security of any information you transmit to us will remain free from loss, misuse, or alteration by third parties who, despite our efforts, obtain unauthorized access. If we detect, despite our safeguards, personal data breach or other unauthorized access to or use of personal data, we will notify you and/or affected users of the intrusion, and will notify you and any applicable regulator, where we are legally required to do so.

7. DATA RETENTION

How long will you use my personal data for?

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

Details of retention periods for different aspects of your personal data are available in our retention policy which you can request from us in respect of your data by contacting our DPM.

By law we have to keep basic information about our clients (including Contact, Identity, Financial and Client Matter Data) for at least six (6) years after they cease being clients for tax and regulatory purposes.

In some circumstances you can ask us to delete your data: see Request erasure for further information.

In some circumstances we may 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.

8. YOUR LEGAL RIGHTS

Under certain circumstances, you have rights under data protection laws in relation to your personal data. See below to find out more about these rights: No fee usually required

Any access request generally comes at no cost to you but may where applicable be subject to a fee to meet unanticipated administrative costs in providing you with the details of information we hold about you or you have requested. We may also charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may 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 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. While it is not a requirement that an individual must make a request for access to their personal data in writing, it is helpful if they do so. Individuals are therefore encouraged to use the data subject access request form at the end of this notice.

Time limit to respond

We try to respond to all legitimate requests within one (1) month.

Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, may increase the period in which to respond, by a further two (2) months and will notify you accordingly.

9. GLOSSARY

LAWFUL BASIS

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best advice and service 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 our DPM via dpm@kbh.ae.

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 or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to including transferring your personal data to a Government or regulatory body.

THIRD PARTIES
  • Service providers acting as processors who provide IT and system administration services.

  • Professional advisers acting as processors or joint controllers including lawyers, bankers, experts, auditors and insurers who provide consultancy, legal, expert witness, insurance and accounting services.
YOUR LEGAL RIGHTS

You have the right to:

Right to Withdraw Consent

 

You are entitled to 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.
If you have already provided consent for purposes already outlined in this privacy notice, you may still withdraw consent by contacting us on dpm@kbh.ae

Right of Access

You are entitled 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.

Right to Rectification

You are entitled to 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.

Right to Erasure (‘to be forgotten’)

You are entitled to 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.

Right to Restrict Processing

 

You can 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.

Right to Object

You are entitled to object to the 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.

Right to Data Portability

You are entitled to 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.
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Right to Complain

If you have any questions or complaints about this privacy notice, you may contact us, and we will seek to resolve your complaint. However, you may still lodge a complaint with the DIFC Data Protection Commissioner’s office by contacting them on: commissioner@dp.difc.ae


Changes to the privacy policy

This privacy notice maybe updated from time to time. The latest version of this notice will be available on our website or you may email us to request a copy of this notice.

DATA SUBJECT ACCESS FORM

If you wish to request access to your personal data, you can download the relevant form here. You do not have to use this form, but it will help us to deal with your request as quickly and effectively as possible if you do.

You can also use this form if you are requesting access to personal data on behalf of someone else. In that case, we will need you to confirm you have that person’s authority to ask for access to their data.

If you have any questions about this form or your request, please contact our data privacy manager by email at: dpm@kbh.ae

Effective Date: 28 September 2020