Privacy Policy

This policy sets out the basis on which we collect and store your information, whether you provide it to us, or if we collect it from you.  Openshaw & Co. respects your right to privacy and will always treat your Personal Data with the greatest of care.  We process Personal Data on a permitted legal basis, typically under contractual terms, by consent or legitimate interest.

As part of acting on behalf of clients, Openshaw & Co. collects, and processes relevant Personal Data, and is committed to ensuring all data is used fairly, lawfully, and transparently to ensure compliance with the Data Protection Act 2018, General Data Protection Regulations (GDPR).

For the purposes of this privacy notice, the term ‘Personal Data’ means any information that identifies a living individual or which allows them to be identified when combined with other information.  It does not include data where identity has been removed (‘Anonymised Data’).

Data Controller: Andrew Hollos – Managing Director, Openshaw & Co.

What information may we collect and store?

Openshaw & Co. collects a range of information about you. This may include:

·      your full name, title, address, and contact details, including email address and contact telephone number.
·      your date of birth.
·      your gender
·      your nationality.
·      your country of residence.
·      information obtained during our verification procedures to satisfy Money Laundering Regulations, which may include credit checks, sight of your identification such as a passport or driver’s licence, and proof of address.
·      details of your qualifications, skills, experience, employment, and references as part of screening checks.
·      Bank account and payment card details for clients or employees.
·      Transactional data relating to payments to and from you in relation to services we have provided.

We collect this information in a variety of ways such as obtained from requested identity documents, collected from Companies House, or provided via credit reference, recruitment agencies, and publicly available records including social media.  The information obtained will be treated as confidential.

How we use personal information
In order toundertake the service we provide at your request, Openshaw & Co. needs to obtain and process Personal Data prior to entering into a contract with you.  Your data is also required for us to prosecute and manage your intellectual property with the respective Intellectual Property Offices, Regulators, or Courts.  When pursuing intellectual property rights overseas on your behalf, it is also often required that overseas associates gain access to your Personal Data to satisfy their legal obligations.

During the processes of obtaining Intellectual Property protection on your behalf, Openshaw & Co. have a legitimate interest in processing Personal Data, and for keeping records of the processes.

We also use Personal Data for our business purposes, including data analytics, invoicing, fraud prevention, or intellectual property infringement.  Data is also used for us to tailor our services for you, and is used to provide ongoing marketing communications and other information or materials that we feel appropriate to you, and where you have indicated you wish to receive from us.

If you have applied for a job, information that you provide will be used to assess your suitability for the position and helping determine terms of employment where applicable.

Personal Data is also used to deal with legal disputes involving you, employees, contractors or clients, including accidents at work.

We will not use your data for any purpose other than stated above.


Our legal basis for using your Personal Data

Performance of a contract, in order for us to fulfil or enter into a contract, where we act on your behalf to deliver a service at your request in accordance with our terms and conditions of engagement.

Compliance with a legal obligation, such as employment and tax laws, and other regulatory requirements.

Legitimate interest, where we consider the use of your Personal Data to be necessary for our or a third party’s ability to fulfil a service on your behalf, that is non-detrimental to you, and within your reasonable expectations.  This may include processing data for our own direct marketing or ongoing communication, personalisation of the services we offer you, internal administration, and the prevention of fraud.


How is your data stored?

Your Personal Data may be stored in a variety of different places in both hard and soft copy including within your Intellectual Property case file, our Case Management Systems, and on other IT systems, including email and Customer Relationship Management (CRM).


Who has access to your data?

In the course of processing your Intellectual Property application, or through consultancy services we provide, your Personal Data will be shared internally with Openshaw & Co. employees and consultants of Openshaw & Co. who may conduct work on our behalf.

Your Personal Data will only be shared with trusted, vetted, third-party service providers where any of the following apply:

·      You have consented to us sharing your Personal Data in this way
·      We deem it reasonably necessary to provide you with the services that you have required at any particular time
·      Such sharing is provided for under contract
·      Lawful sharing required to law enforcement bodies or other government authority
·      We need to enforce or apply our terms and conditions, to which you have agreed (or other terms that have been agreed to apply to our relationship with you or your employing organisation)
·      It is necessary to protect our rights and interests, property, and safety or to protect the rights and interests, property, and safety of our clients or others
·      We are under a legal, regulatory, or professional obligation to do so (for example, to comply with a Court Order).

When undertaking services on your behalf, if the provision of Personal Data to another party (either inside or outside of the European Union), in relation to the applicant, inventor, or designer is required, we rely on you (the Client) to have obtained the relevant permissions for this information to be forwarded and utilised.  We will also rely on you (the Client) to ensure that this information is correct.

We will not sell, rent, or share your Personal Data with another party for marketing purposes.


How we protect your data

We take the safety and security of your Personal Data very seriously.  We protect your Personal Data from unauthorised access and modification, improper use or disclosure, or unlawful destruction or accidental loss.  Data is stored on secure UK servers protected by firewall technologies and is routinely monitored and updated to offer a high level of protection to prevent against hacking or compromise of our systems and data. Any employee or third party that is engaged in processing your Personal Data is obliged to respect its confidentiality.


How long do we keep your data?

Your Personal Data, in either hard or soft copy, is retained by Openshaw & Co. for as long as we are required to use it in the delivery of services to you or to comply with regulatory or legal obligations. Due to the variety of intellectual property services we offer, the time and duration of how long we retain data varies but often requires multi-year processing.

If we are informed in writing that our services are no longer required, we will maintain records securely for a period of 8 years from the date of notification and treat them as dormant.  Thereafter, without further reference to you, the records will be erased from our systems or securely destroyed if hard copies by a third-party licensed file destruction service.


Your data protection rights

We respect your right to have access to and control of your personal data.  Under GDPR and UK Data Protection Law, you have the following rights:

·      To be informed about how your data is being used
·      To access and obtain a copy of your data on request;
·      To require the organisation to change incorrect or incomplete data;
·      To require the organisation to erase your data
·      To require the organisation to stop processing your data, for example where the data is no longer necessary for the purposes of processing; and
·      To object to the processing of your data where the organisation is relying on its legitimate interests as the legal ground for processing.

You are under no statutory or contractual obligation to provide personal data to Openshaw & Co., however, if you do not provide the necessary information, we may be unable to perform the service requested by you and to act on your behalf.


Contact

If you wish to exercise any of these rights, please contact us in writing.  If by post, please mark the envelope for the attention of the Data Protection Officer.

Postal Address:  Openshaw & Co., 8 Castle Street, Farnham, Surrey.  GU9 7HR.

Alternatively, you can submit your request via email: mail@openshaw-and-co.com

In order to verify the identity of those who make a request to us, we will often request proof of ID and we typically accept:

·      Passport
·      Driving licence
·      Utility bill dated within the last 3 months


How to complain

If you are dissatisfied with how we have used your data, you can also complain to the Information Commissioner’s Office (ICO). 

Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire.  SK9 5AF 

Helpline number: 0303 123 1113

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Our Office
Openshaw & Co.
8 Castle Street
Farnham
Surrey GU9 7HR
United Kingdom
Contact
mail@openshaw-and-co.com
(+44) 1252 741741