Privacy Policy

‍Policy version: 1.1 – 24^th May 2023

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Helium Law (our website) is provided by Helium Law Ltd. a company incorporated in England and Wales under number 14182882 whose registered office is at 86-90 Paul Street, London, England (‘we’, ‘our’ or ‘us’). We are the controller of personal data obtained via our website, meaning we are the organisation legally responsible for deciding how and for what purposes it is used.

We take your privacy very seriously. Please read this privacy policy carefully as it contains important information on who we are and how and why we collect, store, use and share any information relating to you (your personal data) in connection with your use of our website and the legal services we provide to our clients (legal services). It also explains your rights in relation to your personal data and how to contact us or a relevant regulator in the event you have a complaint.

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The clients using our legal services should read this Privacy Policy in conjunction with the client care letter and terms of business, provided to you at the outset.

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We collect, use and are responsible for certain personal data about you. When we do so we are subject to the UK General Data Protection Regulation (UK GDPR).

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Given the nature of our website and our services, we do not expect to collect the personal data of anyone under 13 years old. If you are aware that any personal data of anyone under 13 years old has been shared with our website, please let us know so that we can delete that data.

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This privacy policy is divided into the following sections:

What this policy applies to
Personal data we collect about you
How your personal data is collected
How and why we use your personal data
Marketing
Who we share your personal data with
How long your personal data will be kept
Transferring your personal data out of the UK and EEA
Cookies and other tracking technologies
Your rights
Keeping your personal data secure
How to complain
Changes to this privacy policy
How to contact us

What this policy applies to

This privacy policy relates to your use of our website and our services.

Throughout our website we may link to other websites owned and operated by certain trusted third parties to provide legal services to you. Those third-party websites may also gather information about you in accordance with their own separate privacy policies. For privacy information relating to those third-party websites, please consult their privacy policies as appropriate.

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Personal data we collect about you

The personal data we collect about you depends on the particular activities carried out through our website. We will collect and use the following personal data about you:

Home address, contact details.
Telephone, email, internet, fax, or instant messenger use.
Profession/occupation.
The legal services selection and service provision history.
Passport or other ID copy.
Proof of address.
Records of communication with the business and information contained in the records.
Your billing information, and information on any transaction
Information to enable us to undertake credit or other financial checks on you
Information to enable us to undertake know-your-client and other checks on you that we are required to undertake by law or the rules compulsory for us and the lawyers providing legal services

You must provide this personal data to use our website and legal services unless we tell you that you have a choice.

Sometimes you can choose if you want to give us your personal data and let us use it. Where that is the case, we will tell you and give you the choice before you give the personal data to us. We will also tell you whether declining to share that personal data will have any effect on your use of our website or legal services.

We collect and use this personal data for the purposes described in the section ‘How and why we use your personal data’ below.

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How your personal data is collected

We collect personal data from you:

directly, when you enter or send us information, such as when you register with us, contact us (including via email), send us feedback, purchase products or services via our website, and post material to our website via our website, and
indirectly, such as your browsing activity while on our website; we will usually collect information indirectly using the technologies explain in the section on ‘Cookies and other tracking technologies’ below

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How and why we use your personal data

Under data protection law, we can only use your personal data if we have a proper reason, e.g.:

where you have given consent
to comply with our legal and regulatory obligations
for the performance of a contract with you or to take steps at your request before entering into a contract, or
for our legitimate interests or those of a third party

A legitimate interest is when we have a business or commercial reason to use your personal data, so long as this is not overridden by your own rights and interests. We will carry out an assessment when relying on legitimate interests, to balance our interests against your own. You can obtain details of this assessment by contacting us (see ‘How to contact us’ below).

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The table below explains what we use your personal data for and why.

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What we use your personal data for	Our reasons
Create and manage your account with us	For our legitimate interests, i.e., to be as efficient as we can so we can deliver the best service to you at the best price OR To perform our contract with you or take steps at your request before entering into a contract
Providing legal services to you	To perform our contract with you or to take steps at your request before entering into a contract
Conducting checks to identify you and verify your identity or to help prevent and detect fraud against you or us	To comply with our legal and regulatory obligations OR For our legitimate interests, i.e., to minimise fraud that could be damaging for you and/or us
To enforce legal rights or defend or undertake legal proceedings	Depending on the circumstances: to comply with our legal/regulatory obligations in other cases, for our legitimate interests, i.e., to protect our business, interests and rights
Customise our website and its content to your particular preferences based on a record of your selected preferences or on your use of our website	Depending on the circumstances: your consent as gathered by the separate cookies tool on our website where we are not required to obtain your consent and do not do so, for our legitimate interests, i.e., to be as efficient as we can so we can deliver the best service to you at the best price If you have provided such a consent, you may withdraw it at any time by changing the setting on the cookies tool (this will not affect the lawfulness of our use of your personal data in reliance on that consent before it was withdrawn)
Retaining and evaluating information on your recent visits to our website and how you move around different sections of our website for analytics purposes to understand how people use our website so that we can make it more intuitive or to check our website is working as intended	Depending on the circumstances: your consent as gathered by the separate cookies tool on our website where we are not required to obtain your consent and do not do so, for our legitimate interests, i.e., to be as efficient as we can so we can deliver the best service to you at the best price If you have provided such a consent, you may withdraw it at any time by notifying us of your wish to withdraw your consent in writing (this will not affect the lawfulness of our use of your personal data in reliance on that consent before it was withdrawn)
Communications with you not related to marketing, including about changes to our terms or policies or changes to the services or other important notices	Depending on the circumstances: to comply with our legal and regulatory obligations in other cases, for our legitimate interests, i.e., to be as efficient as we can so we can deliver the best service to you at the best price
Protecting the security of systems and data used to provide the services	To comply with our legal and regulatory obligations We may also use your personal data to ensure the security of systems and data to a standard that goes beyond our legal obligations, and in those cases our reasons are for our legitimate interests, i.e., to protect systems and data and to prevent and detect criminal activity that could be damaging for you and/or us
Statistical analysis to help us understand our customer base	For our legitimate interests, i.e., to be as efficient as we can so we can deliver the best service to you at the best price
Updating and enhancing customer records	Depending on the circumstances: to perform our contract with you or to take steps at your request before entering into a contract to comply with our legal/regulatory obligations where neither of the above apply, for our legitimate interests, e.g., making sure that we can keep in touch with our customers about existing orders and new products
Disclosures and other activities necessary to comply with legal and regulatory obligations that apply to our business, e.g., to record and demonstrate evidence of your consents where relevant	To comply with our legal and regulatory obligations
Marketing our services to existing and former customers	For our legitimate interests, i.e., to promote our business to existing and former customers
To share your personal data with members of our group and third parties that will or may take control or ownership of some or all of our business (and professional advisors acting on our or their behalf) in connection with a significant corporate transaction or restructuring, including a merger, acquisition, asset sale, initial public offering or in the event of our insolvency In such cases information will be anonymised where possible and only shared where necessary	Depending on the circumstances: to comply with our legal and regulatory obligations in other cases, for our legitimate interests, i.e., to protect, realise or grow the value in our business and assets

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More details about how we use your personal data and why are set out in the table below

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Purpose	Processing operation	Lawful basis relied on under UK GDPR	Relevant categories of personal data
Communications with you unrelated to marketing, including changes to our terms or policies or changes to the products or other important notices	Addressing, sending communications to you as required by data protection laws, i.e.: UK GDPR or Data Protection Act 2018	Processing necessary for compliance with a legal obligation to which we are subject (Article 6(1)(b)) Our legitimate interest (Art. 6(1)(f)), which is to be as efficient as we can so we can deliver the best service to you	name, address, contact information, including email address, telephone number, company details your account details (username)

Purpose

Processing operation

Lawful basis relied on under UK GDPR

Relevant categories of personal data

Communications with you unrelated to marketing, including changes to our terms or policies or changes to the products or other important notices

Addressing, sending communications to you as required by data protection laws, i.e.: UK GDPR or Data Protection Act 2018

Processing necessary for compliance with a legal obligation to which we are subject (Article 6(1)(b))

Our legitimate interest (Art. 6(1)(f)), which is to be as efficient as we can so we can deliver the best service to you

name, address, contact information, including email address, telephone number, company details
your account details (username)

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How and why we use your personal data—Special category personal data

Certain personal data we collect is treated as a special category to which additional protections apply under data protection law:

Personal data revealing racial or ethnic origin.
Personal data revealing political opinions.
Personal data revealing religious or philosophical beliefs.
Personal data revealing trade union membership.
Genetic data.
Biometric data (where used for identification purposes).
Data concerning health.
Data concerning a person’s sex life; and
Data concerning a person’s sexual orientation.

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The Company may only process your Sensitive information if it has one of the lawful bases listed below and one of the following conditions also applies:

You have given the Company an explicit consent.
Processing is required for the purposes of employment, social security and social protection (if authorised by law).
The information was made public by you.
Processing is required in connection with a legal claim or judicial acts.
There is substantial public interest with a basis in law.

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Where we process such special category personal data, we will also ensure we are permitted to do so under data protection laws.

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Marketing

We will use your personal data to send you updates by email, text message, telephone or post about our services, including exclusive offers, promotions or new products AND/OR services.

We have a legitimate interest in using your personal data for marketing purposes (see above ‘How and why we use your personal data’). This means we do not need your consent to send you marketing information. If we change our marketing approach in the future so that consent is needed, we will ask for this separately and clearly.

You have the right to opt out of receiving marketing communications at any time by:

contacting us at team@helium.law
using the ‘unsubscribe’ link in emails or ‘STOP’ number in texts, or

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We may ask you to confirm or update your marketing preferences if you ask us to provide further services in the future, or if there are changes in the law, regulation, or the structure of our business.

We will always treat your personal data with the utmost respect and never sell OR share it with other organisations outside the Helium Law group for marketing purposes.

For more information on your right to object at any time to your personal data being used for marketing purposes, see ‘Your rights’ below.

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Who we share your personal data with

We routinely share personal data with:

Third parties we use to help deliver legal services to you,
Our insurers and brokers.
Our and their professional advisors (such as lawyers and other advisors), in which case the recipient of the information will be bound by confidentiality obligations.
Law enforcement agencies, courts, tribunals and regulatory bodies to comply with our legal and regulatory obligations.

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We only allow those organisations to handle your personal data if we are satisfied, they take appropriate measures to protect your personal data. We also impose contractual obligations on them to ensure they can only use your personal data to provide services to us and to you.

We or the third parties mentioned above occasionally also share personal data with:

our and their external auditors, e.g., in relation to the audit of our or their accounts, in which case the recipient of the information will be bound by confidentiality obligations
our and their professional advisors (such as lawyers and other advisors), in which case the recipient of the information will be bound by confidentiality obligations
law enforcement agencies, courts, tribunals and regulatory bodies to comply with our legal and regulatory obligations
other parties that have or may acquire control or ownership of our business (and our or their professional advisers) in connection with a significant corporate transaction or restructuring, including a merger, acquisition, asset sale, initial public offering or in the event of our insolvency—usually, information will be anonymised, but this may not always be possible. The recipient of any of your personal data will be bound by confidentiality obligations

If you would like more information about who we share our data with and why, please contact us (see ‘How to contact us’ below).

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How long your personal data will be kept

We will not keep your personal data for longer than we need it for the purpose for which it is used.

Different retention periods apply for different types of personal information. Further details on this aspect are available on request.

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If you stop using your account, we will delete or anonymise your account data after seven years.

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Transferring your personal data out of the UK and EEA

The EEA, UK and other countries outside the EEA and the UK have differing data protection laws, some of which may provide lower levels of protection of privacy.

It is sometimes necessary for us to transfer your personal data to countries outside the UK and EEA. In those cases, we will comply with applicable UK and EEA laws designed to ensure the privacy of your personal data.

As we are based in the UK, we may also at time transfer your personal data from the EEA to the UK.

Under data protection laws, we can only transfer your personal data to a country outside the UK where:

in the case of transfers subject to UK data protection law, the UK government has decided the particular country ensures an adequate level of protection of personal data (known as an ‘adequacy regulation’) further to Article 45 of the UK GDPR. A list of countries the UK currently has adequacy regulations in relation to is openly available, in particular from the Information Commissioner’s website www.ico.org.uk. For instance, these include countries within the European Union
there are appropriate safeguards in place, together with enforceable rights and effective legal remedies for you, or
a specific exception applies under relevant data protection law

Where we transfer your personal data outside the UK, we do so on the basis of an adequacy regulation or (where this is not available), legally approved standard data protection clauses recognised or issued further to Article 46(2) of the UK GDPR. In the event we cannot or choose not to continue to rely on either of those mechanisms at any time we will not transfer your personal data outside the UK unless we can do so on the basis of an alternative mechanism or exception provided by UK data protection law and reflected in an update to this policy.

Any changes to the destinations to which we send personal data or in the transfer mechanisms we rely on to transfer personal data internationally will be notified to you in accordance with the section on ‘Changes to this privacy policy’ below.

If you would like further information about data transferred outside the UK, please contact us OR our Data Protection Officer (see ‘How to contact us’ below).

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Cookies and other tracking technologies

A cookie is a small text file which is placed onto your device (e.g., computer, smartphone or other electronic device) when you use our website. The cookie file is then sent back to us after each visit and helps identify you and any particular interests or preferences you express. We use cookies and on our website. These help us recognise you and your device and store some information about your preferences or past actions.

The information saved supports the functionality of our website. During some processes, data is temporarily stored as you move from step to step. This improves your experience of our website, and data is only stored for as long as is necessary for you to complete the process. All other cookies will expire when you close the internet browser.

We use the following cookies:

strictly necessary cookies - these are cookies that are required for the operation of our website. Without these cookies, interactive services our online payment facility would not be available;
analytical/performance cookies - these allow us to and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily; and
functionality cookies - these are used to you when you return to our website. This enables us to adapt our content you.

You may block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, this may result in limited functionality and you may not be able to access all or parts of our Website.

Your consent applies to the following domains: www.helium.law

For further information on cookies, our use of cookies’ and/or to relevant similar technologies, is available upon request.

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Your rights

You generally have the following rights, which you can usually exercise free of charge:

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Access to a copy of your personal data	The right to be provided with a copy of your personal data
Correction (rectification)	The right to require us to correct any mistakes in your personal data
Erasure (the right to be forgotten)	The right to require us to delete your personal data—in certain situations
Restriction of use	The right to require us to restrict use of your personal data in certain circumstances, e.g., if you contest the accuracy of the data
Data portability	The right to receive the personal data you provided to us, in a structured, commonly used and machine-readable format and/or transmit that data to a third party—in certain situations
To object to use	The right to object: at any time to your personal data being used for direct marketing (including profiling) in certain other situations to our continued use of your personal data, e.g., where we use your personal data for our legitimate interests unless there are compelling legitimate grounds for the processing to continue or the processing is required for the establishment, exercise or defence of legal claims
Not to be subject to decisions without human involvement	The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you We do not make any such decisions based on data collected by our website
The right to withdraw consents	If you have provided us with a consent to use your personal data, you have a right to withdraw that consent easily at any time You may withdraw consents by notifying us at _______________ Withdrawing a consent will not affect the lawfulness of our use of your personal data in reliance on that consent before it was withdrawn

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For further information on each of those rights, including the circumstances in which they do and do not apply, please contact us (see ‘How to contact us’ below). You may also find it helpful to refer to the guidance from the UK’s Information Commissioner on your rights under the UK GDPR.

If you would like to exercise any of those rights, please email, call or write to us—see below: ‘How to contact us’. When contacting us please:

provide enough information to identify yourself (e.g., your full name, address and customer or matter reference number) and any additional identity information we may reasonably request from you, and
let us know which right(s) you want to exercise and the information to which your request relates

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Keeping your personal data secure

We have appropriate security measures to prevent personal data from being accidentally lost or used or accessed unlawfully. We limit access to your personal data to those who have a genuine need to access it.

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

If you want detailed information from Get Safe Online on how to protect your personal data and other information and your computers and devices against fraud, identity theft, viruses and many other online problems, please visit www.getsafeonline.org. Get Safe Online is supported by HM Government and leading businesses.

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How to complain

Please contact us if you have any queries or concerns about our use of your personal data (see below ‘How to contact us’). We hope we will be able to resolve any issues you may have.

You also have the right to lodge a complaint with:

the Information Commissioner in the UK
a relevant data protection supervisory authority in the EEA state of your habitual residence, place of work or of an alleged infringement of data protection laws in the EEA

The UK’s Information Commissioner may be contacted using the details at https://ico.org.uk/make-a-complaint or by telephone: 0303 123 1113.

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Changes to this privacy policy

We may change this privacy policy from time to time—when we make significant changes, we will take steps to inform you, for example via by including a prominent link to a description of those changes on our website for a reasonable period or by other means, such as email.

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How to contact us

You can contact us by post, email or telephone if you have any questions about this privacy policy or the information we hold about you, to exercise a right under data protection law or to make a complaint.

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Our contact details are shown below:

- Name: Nicolas Holzherr-Mandal

- Role: Director

- E-mail: team@helium.law

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