Regulatory information, privacy policy, legal notices

General

Vanessa Ganguin Immigration Law Limited (the ‘Firm’) is a Limited Company registered in England and Wales with registration number 09386376. The Firm’s registered office is at 81 Rivington Street, London, EC2A 3AY.
Terms of Website Use

1.         These terms and conditions set out below will govern your use of this website which can be found at www.vanessaganguin.com (the ‘Website’).

2.         References on the Website to ‘Vanessa Ganguin Immigration Law Limited’, ‘Vanessa Ganguin Immigration Law’, ‘the Firm’, ‘we’, ‘us’ or ‘our’ mean the Firm. The term ‘Managing Partner’ in relation to the Firm refers to a Director of the Firm or to an employee or consultant with equivalent standing and qualifications.

3.         The legal information on the Website is to provide users with the Terms upon which they use the Website and to make accessible certain other legal and regulatory information which it is best practice to place in the public domain where it can be easily accessed by clients and other interested third parties. The legal information on the Website should, for clients of the Firm, be read in association with our client care letter and terms of business (the ‘Client Care Documents’) and other documents referred to in the Client Care Documents (such as the conditional fee agreement). The Client Care Documents shall take precedence over any legal notice on the Website in the event that they differ from one another.

4.         The Website is owned and operated by the Firm. For the purposes of the Terms, the Firm includes any and all of the Firm’s subsidiary undertakings, co-branded businesses and joint ventures which may exist from time to time.

5.         Use of the Website is governed by the following Terms which were last reviewed in July 2022. The Firm reserves the right, at its discretion, to make changes to any part of the Website or the Terms. Should the Terms be amended, the Firm will not notify you and it is your responsibility to check the Terms every time you use the Website. Specific terms may also apply to the provision of any of the services that we provide via the Website. You should check any specific terms that apply to the services which you use.

6.         We reserve the right to alter, suspend or discontinue any part of the Website or the services provided through it, including your access to it. Whilst we make every effort to ensure that the information contained within the Website is correct, visitors should be aware that the information may have become out of date and we give no warranty or make any representation regarding the fitness for purpose, continued availability, quality, accuracy or completeness of the content of the Website. Accordingly, the materials on the Website do not give specific legal advice and should not be relied on as doing so. In particular, you should be aware that laws and regulations might be different outside England. Your use of the Website does not create a contractual or solicitor-client relationship between you and the Firm. We recommend you contact the advisers who are named in the Website for advice about particular matters. The Firm excludes all liability for any kind of loss or damage that may result to you or a third party in connection with the use, inability to use or the results of use of the Website.

7.         Website visitors are permitted to read the contents and to download and store on a temporary basis any of the contents of the Website provided this is for their own personal or non-commercial use. Apart from content specifically made available for download, such as court forms and publications, you may not permanently copy, store or redistribute the contents of the Website in any way. Where we make content available for downloading this is only for your personal use, or for circulation within your business and is not for commercial re-use. You may not set up links from your own websites to the Website without our prior written consent.

8.         Any links to other websites from the Website are provided for convenience only and the Firm accepts no responsibility or liability in connection with your use or reliance on the content of any linked website. The inclusion of any link does not imply endorsement by the Firm of any linked website or its provider. If you choose to use a hypertext link contained within this website, then you may leave our website. Once you have left our website, whether or not you have realised that you have left, we are no longer responsible in any way for the material on the other website that you enter. In addition, hypertext links are included in order to provide further information and are not intended to signify that we endorse or approve of such website and/or its content. We exclude to the full extent permitted by law all liability that may arise in connection with or as a result of such external website material causing any damage, cost, injury or financial loss of any kind.

9.         For further information on the use of materials from the Website, or if you experience any problems with the Website, please contact us by sending an email to vanessa@vanessaganguin.com.

Copyright and Intellectual Property

1.         Copyright and other intellectual property rights in the content of the Website, including any of the Firm’s marks, logos and brands, belongs to the Firm or its licensors (who have expressly licensed content to the Firm). All rights, save as expressly granted, are reserved. If you are in doubt whether an item is copyright or a trade mark of the Firm, please contact us for clarification.

Disclaimers Relating to Downloads

1.         The Website may allow users to download certain documents which are also available directly from the original source website and various other websites e.g. court forms.

2.         To the extent permitted by law, the Firm excludes all liability in contract, tort (including negligence) breach of statutory duty or otherwise for any costs, losses, claims, damages, expenses or proceedings (including special, incidental or consequential loss or damage, loss of profits and wasted management time) incurred or suffered by you arising directly or indirectly in connection with the use of the download facility and the content of any downloaded material including any loss, damage or expense arising from, but not limited to, any defect, error, imperfection, fault, mistake or inaccuracy or copyright with the downloads, their content or associated services or due to any unavailability of part or all of any associated website or associated service.

3.         The documents available for download are created exclusively by third parties and the Firm excludes all liability for any illegality arising from error, omission, inaccuracy or copyright in such material and takes no responsibility for such material.

4.         Any downloads are provided solely for your convenience and the Firm does not necessarily endorse the material which can be downloaded and will have no liability to you in respect of the same.

5.         Downloading documents from the Website should not be used as an alternative to legal advice from a qualified solicitor and using any such documents does not create a solicitor-client relationship between you and the Firm.

6.         Any material downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

7.         The Firm cannot guarantee that downloading documents from the Website will be free from error and/or uninterrupted and we shall not be liable for any damages including, but not limited to, indirect or consequential damages, damages for loss of opportunity or chance, or any damages whatsoever arising from use or loss of use, data, or profits, whether in contract, negligence or other tortious action, arising out of, or in connection with the download facility or any associated website.

8.         Whilst effort has been taken to ensure that any downloads are free from viruses, no warranties are given to that effect and users are responsible for ensuring that they have installed adequate virus checking software. The Firm shall not be liable for any viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of users’ computer hardware.  All documents are downloaded at the user’s own discretion and risk and the user shall be solely responsible for any damage to the user’s computer system or loss of data that results from the download of any documents.

9.         Nothing in the Terms serves to exclude or limit liability for death or personal injury arising from negligence or any liability which is otherwise prohibited from being excluded by law.

Privacy & Electronic Communications Regulations 2003 and the Provision of Services Regulations 2009 (as amended)

The following information is provided by us to ensure our compliance with the above regulations:

1.         The Firm is authorised and regulated by the Solicitors Regulation Authority (ID Number: 619823) and as such is bound by the SRA’s professional rules, which can be viewed at www.sra.org.uk.

2.         The Firm is registered for VAT with the registration number 208 3117 39.

3.         The Firm maintains qualifying Professional Indemnity Insurance, details of which can be provided on request.

4.         The Firm is committed to providing an excellent service and operates an internal complaints procedure that can be made available on request. We are also committed to cooperating fully with the Legal Ombudsman, contact details of which can be found at www.legalombudsman.org.uk.

Severability

1.         If the Terms or any part of them should be determined to be illegal, invalid or otherwise unenforceable under the laws of any state or country in which the Terms are intended to be effective, then to the extent that they are so illegal, invalid or unenforceable, they shall in that state or country be treated as severed and deleted from the Terms and the remaining provisions contained within the Terms shall survive and remain in full force and effect and continue to be binding and enforceable in that state or country.

Events Beyond our Control

1.         The Firm will not be responsible for any breach

Governing Law

1.         This legal notice and all issues regarding the Website are governed by English law. Access is granted on condition that you accept all of the above and agree to the jurisdiction of the courts of England and Wales to settle matters in relation to the Website.

Reports of Misuse

1.         We take feedback very seriously and are constantly looking for ways to improve the Website. If you have any comments or concerns regarding the information or the Website content generally, or would like to report any misuse of the Website, please contact us by sending an email to vanessa@vanessaganguin.com .

Data Protection and the Firm’s Privacy Policy

1.         The Firm takes data protection seriously and safeguarding the privacy of the Website visitors is important to us. This privacy policy explains how we use any personal information we may collect when you visit the Website. It also explains our use of cookies and tells you how to contact us if you have any queries about how we use your personal information. In using the Website or by registering for any of the specific services we offer through it you are indicating that you understand and accept that your personal information may be used by us in the manner described below. We are registered as a Data Controller with the Information Commissioner (ICO) – registration number ZA102812. The types of personal data that we process are listed under our registration records. All information that we hold concerning you as an individual will be held and processed by us strictly in accordance with the provisions of the Data Protection Regulations. You may raise any query that you have with regard to your confidentiality, privacy and data protection with our Data Protection Officer at the address noted above. You also have the right to lodge a complaint with the ICO in the event that you believe we have mishandled your personal data. Please see the ICO’s website for details of their complaints handling process. https://ico.org.uk/for-the-public .

2.         Links with other websites: this Privacy Policy only relates to the Website. Any links from the Website to other websites are provided merely for your convenience and do not imply endorsement by us of the content or provider or the way that your personal data is managed.

3.         Information collected and how we use it: when you access or sign up to any of the Firm’s services including newsletters, bulletins, competitions, webinars etc., we may collect and process personal information such as your name, address, telephone number, email address, IP address and other information relating to you. We will store and use your personal information for purposes such as administering and maintaining our relationship with you; providing services or information requested by you; providing you with further information about our products and services; and for auditing usage of the Website. Your information will not normally be disclosed to third parties except where that is necessary for fulfilment of our obligations to you or we are obliged or permitted to do so by law.

4.         The Firm does not use any web intelligence software or collect any personal data about users of the Website other than aggregated data which is used to help the Firm improve the quality of the Website. No information about you is stored by us or transmitted by us to any third party.

5.         Please note that when you make an enquiry with us either by email or telephone we may keep a record of the information that is supplied. We will store this data securely on our system and in line with our retention policy. We store this information so that we may monitor the quality of services that we provide and also to assist in dealing with any further additional enquiries that we may receive from you.

6.         If you are in the European Union, you may address privacy-related inquiries to us directly.

7.         Transferring your personal data out of the UK and EEA.

To deliver services to you, it is sometimes necessary for us to share your personal data outside the UK/EEA, eg:
·       with your and our service providers located outside the UK/EEA;
·       if you are based outside the UK/EEA;
·       where there is a European and/or international dimension to the services we are providing to you.

8.         Under data protection law, we can only transfer your personal data to a country or international organisation outside the UK/EEA where:
·       in the case of transfers subject to UK data protection law, the UK government has decided the particular country or international organisation ensures an adequate level of protection of personal data (known as an ‘adequacy decision’) further to Article 45 of UK GDPR;
·       in the case of transfers subject to EEA data protection laws, the European Commission has decided that the particular country ensures an adequate level of protection of personal data (known as an ‘adequacy decision’) further to Article 45 of the EU GDPR;
·        there are appropriate safeguards in place, together with enforceable rights and effective legal remedies for data subjects; or
·       a specific exception applies under data protection law.

9.         These specific exceptions are explained below:

a.         Adequacy decision

We may transfer your personal data to certain countries, on the basis of an adequacy decision. These include:
·       all European Union countries, plus Iceland, Liechtenstein and Norway (collectively known as the ‘EEA’);
·       Gibraltar; and
·       Andorra, Argentina, Canada, Faroe Islands, Guernsey, Israel, Isle of Man, Japan, Jersey, New Zealand, Switzerland and Uruguay.

The list of countries that benefit from adequacy decisions will change from time to time. We will always seek to rely on an adequacy decision, where one exists.
Other countries or international organisations we are likely to transfer personal data to do not have the benefit of an adequacy decision. This does not necessarily mean they provide poor protection for personal data, but we must look at alternative grounds for transferring the personal data, such as ensuring appropriate safeguards are in place or relying on an exception, as explained below.

b.         Transfers with appropriate safeguards

Where there is no adequacy decision, we may transfer your personal data to another country or international organisation if we are satisfied the transfer complies with data protection law, appropriate safeguards are in place, and enforceable rights and effective legal remedies are available for data subjects.
The safeguards will usually include using legally-approved standard data protection contract clauses.
To obtain a copy of the standard data protection contract clauses and further information about relevant safeguards please contact us.

c.         Transfers under an exception

In the absence of an adequacy decision or appropriate safeguards, we may transfer personal data to a third country or international organisation where an exception applies under data protection law, eg:
·       you have explicitly consented to the proposed transfer after having been informed of the possible risks;
·       the transfer is necessary for the performance of a contract between us or to take pre-contract measures at your request;
·       the transfer is necessary for a contract in your interests, between us and another person; or
·       the transfer is necessary to establish, exercise or defend legal claims.

d.       We may also transfer information for the purpose of our compelling legitimate interests, so long as those interests are not overridden by your interests, rights and freedoms. Specific conditions apply to such transfers and we will provide relevant information if and when we seek to transfer your personal data on this ground.

Security

1.     The Firm has policies and technical measures in place to safeguard and protect your personal information against unauthorised access, accidental loss, improper use and disclosure. However, the internet is not completely secure and though we will do our best to protect your personal information the transmission of your data to us is done so at your own risk.

Cookies Policy

1.         Like many other websites, our website uses cookies. One of the reasons we use cookies is to help us review how customers use our site and the success of our marketing campaigns. This means we can make informed decisions about improvements to the site and get a good understanding of the kind of content our customers like to access.

2.         Cookies are small text files placed on your computer when you visit our site. While they allow us to see patterns in customer behaviour, they do not allow us to identify you specifically.

3.         When you visit our site, you will be briefly informed of what cookies are and how you can manage them. You will also be made aware that if you continue to use the site you are agreeing to the use of cookies. If you choose to disable the cookies, the majority of the site will work as normal. However, without information on how people use our site, it is harder for us to make improvements and tailor our service to your needs.

The Cookies That We Use

a.        Session Cookies

1.         These cookies are essential for the website to function and will be set regardless of whether you allow other cookies. These cookies are not stored on your computer and will be deleted when you close your web browser.

2.         These cookies are used to anonymously identify the site visitor during a session to enable application session state. This cookie is not linked to user data or used for trading notices.

3.         These cookies are essential for the website to function and will be set regardless of whether you allow us to place other cookies.

b.         Functionality Cookies

1.         The functionality cookies that we use allow us to monitor patterns of traffic on our website, accurately measure the success of our marketing campaigns and allow you to interact with social media while on our site. These cookies are stored on your computer and will expire after a set period of time.

2.         Google Analytics cookies collect anonymous information about how visitors use our website. They allow us to identify trends, popular types of content and make informed decisions on how to improve the site. They are not linked to any data that allows us to identify any users individually.

How To Delete Cookies

1.         If you don’t want us to use cookies when you use our website, you can adjust your internet browser settings not to accept cookies. Your web browser’s help function should tell you how to do this. Alternatively, you can find information about how to do this for all the commonly used internet browsers on the website: http://www.aboutcookies.org/default.aspx .  This website will also explain how you can delete cookies which are already stored on your device. You will have been asked to consent to our use of cookies when you first visited our website.

2.         You have a right of access to any personal information that the Firm may hold about you; to have any inaccurate information about you corrected; and to request that we stop using your personal information for marketing purposes. Access requests should be put in writing and addressed to the Data Protection Officer. We will comply with your access rights without delay and within a month in any event.  Providing you with access to the personal data we hold about you is free of charge although we may charge or refuse a request if it is deemed to be manifestly unfounded or excessive. If we refuse a request, we will tell you why and how you may complain about our decision.

Email Policy

1.         The views and opinions expressed in any email from the Firm are those of the author and are not necessarily endorsed by the Firm.

2.         All information contained in any message or attachments is intended solely for the addressee. It is confidential and may also be legally privileged. If you have received this message in error, please send it back to us, and immediately and permanently delete it. The unauthorised use, disclosure, copying or alteration of this message and/or any attachment is strictly prohibited.

3.         It is your responsibility to scan for viruses or otherwise check any email and any attachments. All email messages and any attachments are scanned for viruses prior to leaving our network. However, the Firm does not guarantee the security of any message or any attachments and will not be responsible for any damages arising as a result of any virus being passed on or arising from any alteration of any message by a third party.

4.         Please be aware that email accounts can be hacked by criminals. If you receive any notification of changes purporting to come from us (particularly including bank details) please contact the person dealing with the matter directly by reliable and established means, such as by telephoning the number on our website (not the number on any suspicious Email you may receive). Our bank account details will not change – please inform us immediately if you are asked to send money to an alternative account or if you are asked to make a payment directly to our bank account by Email. We will not be liable for the transfer of any monies to a bogus account unless it occurred as a result of our negligence.

5.         We may monitor emails sent to and from our network.

6.         If you require verification of the content of any email message and/or attachment, or if you have any questions about this policy or our usage of email, please contact us at our offices or by sending an email to vanessa@vanessaganguin.com .