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Lawyer 365 - Terms of Use for Lawyers
Terms of Business
Last Update: 19 April 2022
Lawtech 365 Limited, company number 13107185 (“Lawtech 365”, “Lawyer 365”, “we”, “us”, “our”) provides a service to professionals (“you”, “your”) who wish to subscribe to and access marketing and customer management tools, and new business enquiries from our portal and app users (“Users”) looking to connect with legal professionals in a particular field (“Enquiry”). In these Terms of Use, "Lawyer 365 Service", "Service", “Services” or "the Service" means any or all of the services provided by the Lawyer 365 Portal, including the provision of Subscriptions, Bolt-On Services, Enquiry Services (as each term is defined in section 2 below).
The type of Services provided varies according to the Subscription Plan you Subscribe to from time to time which enables the use of Lawyer 365 Portal, Apps and Services, in order to promote your business and facilitate connections between professionals and users.
The Lawyer 365 Service is provided to you via the Lawyer 365 portal www.lawyer365.app and Apple and Android applications (“the Website and Apps”). These Terms of Use govern your use of our Services as a professional.
You can sign up to our Services online, or via one of our telephone agents. Where you sign up to our Services online, you will have the opportunity to review these Terms of Use prior to finalising your sign-up details. Where you sign up via one of our telephone agents, we use our commercially reasonable endeavours to notify you on the call that the Services are subject to these Terms of Use, and to send you an email containing a link to these Terms of Use for your review.
Please read these Terms of Use carefully before subscribing to the Service or when you receive the email from one of our telephone agents if you sign up via one of our telephone agents, before using our Service, as they set out the basis on which we provide our Services. By signing up to use our Services (“Subscription” and the terms “Subscribe and Subscribed” shall be construed accordingly) or using any part of our Services, you confirm you have the authority to enter into and confirm that you accept these Terms of Use. If you do not accept these Terms of Use, you must not Subscribe to or use any or all of our Services.
Your attention is specifically drawn to sections 4, 5 and 7 of these Terms of Use.
From time to time, we may amend these Terms of Use and we will notify you of any changes by email. These changes will apply from the date shown in the notification. If any of the changes are material in nature and adversely affect our Services to you, you will have a period of 7 days from the notification date of such changes to cancel your Subscription to our Services. In such circumstances you will be entitled to a prorated refund of any Subscription Fees you have already paid to us from the date of termination until your next Subscription Renewal Date.
1. Subscription
1.1. As part of our Subscription process, you will have the option to choose from a range of subscription types (“Subscription Plan”). When your Subscription is activated, you will be listed on the portal and apps, and will be able to use the tools, features and consultation technology services relevant to the Subscription Plan you have Subscribed to. Your Subscription will continue until terminated in accordance with these Terms of Use.
1.2. Prior to the commencement of your Subscription and on any change to your Subscription Plan, you will be notified of your Subscription Plan: Access, Premium or Enterprise (or any future Subscription Plan introduced by us). You will receive an email on or before the date your Subscription commences, and on any change to your Subscription Plan, and you can view this information in your account on the Website at any time during your Subscription.
1.3. Subject to the terms set out in these Terms of Use, we grant to you a non-exclusive non-transferable licence for your Authorised Users (as defined below) to access and use the Lawyer 365 Services.
1.4. Subject to your compliance with Sections 1.5(i), 1.5(j) and 1.5(k), you will have the functionality within your account on the Portal to grant administrator level access permission (“Administrator Access”) to your account to internal users (your officers, employees, or agents who require access to your account to enable you to comply with your obligations under these Terms of Use) (“Internal Authorised Users”) and/or other external third parties employed by you to enable you to comply with your obligations under these Terms of Use (“External Authorised Users”) (together the “Authorised Users”).
1.5. In order to commence and maintain your Subscription you must:
a. have internet access;
b. complete the onboarding form and account/listing pages on the portal/apps containing your details and the information that you wish us to include in the advertisement of you and your services on the portal/apps. This form together with any subsequent amendments or updates accepted or implemented by us shall form your Lawyer 365 profile and listing(s) which you can access via your account;
c. provide us with a current, valid, accepted method of payment, which you may update from time to time ("Payment Method"). You can change your Payment Method by visiting the portal and logging in to your account;
d. pay any applicable charges for our Services (“Charges”);
e. ensure that all content of your portal profile and listings complies with all applicable laws and regulations including our current guidelines and policies published on the portal, SRA regulations, FCA regulations, ASA (Advertising Standards Authority) regulations and other relevant legislation, rules and regulations that apply to you (“Applicable Regulations”);
f. ensure that any professional service you provide to Users or any Enquiries we send to you are in accordance with Applicable Regulations;
g. regularly monitor and assess the detail and content of your portal profile, and keep the content up to date in your account;
h. ensure that you provide a valid and serviceable email address at all times for account management purposes and that you keep this up to date;
i. ensure that you do not grant of Administrator Access to Internal Authorised Users or share of passwords or account details with Internal Users, unless or until you make such Internal Authorised Users aware of and they agree to comply with these Terms of Use and you agree you are responsible for any breach by Internal Authorised Users of these Terms of Use;
j. ensure that you do not grant of Administrator Access to External Authorised Users, unless or until you make such External Authorised Users aware of and they agree to comply with these Terms of Use and you agree you will put in place sub-processor terms with any such External Authorised Users that are at least as onerous as the data protection provisions within these Terms of Use. You agree that you are responsible for any breach by such External Authorised Users of these Terms of Use;
k. regularly monitor and assess any Internal Authorised Users and/or External Authorised Users to whom you grant Administrator Access to in order to manage your account on your behalf. Any changes made by or requested by Internal Authorised Users and/or External Authorised with Administration Access will be deemed as changes requested by and approved by you;
l. notify us as soon as you become aware of any actual or potential change or alteration to your professional status or accreditation and/or Applicable Regulations that may or will have the potential to render any element of your portal profile and listing(s) inaccurate, incomplete, misleading or otherwise not in accordance with the objectives of our portal to provide Users with truthful, accurate and complete information and details;
m. immediately inform us of any changes to your company information including the regulatory status of your firm and/or any related individuals and the areas of advice provided by your firm or any of the named individuals provided by you, particularly in relation to each and any of the areas of advice provided by you and recorded on our portal/apps;
n. not use all or any of the Services or the portal in an unlawful manner;
o. not post, access, store, distribute, transmit, upload or allow to be uploaded to your profile/listimg, the portal, apps or to/via the Services any materials that:
i. are corrupt, contain viruses (including any device, software, code, file or programme which may prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network or the operation of the Service, the portal, apps or any other electronic device;
ii. may impersonate another person or entity;
iii. may cause the Services or any part of the Services to be interrupted, damaged, rendered less efficient or restrict any other professional or User from enjoying the Services; and/or
iv. are unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive or which is otherwise illegal or which may cause harm to any person or property.
p. respond to all Enquiries promptly and professionally, and in any case within the specified timeframe as notified to you by us from time to time. Should you decide not to contact the User after accepting the Enquiry you must notify us as quickly as possible to enable us to find an alternative legal professional match for that Enquiry; and
q. ensure in respect of any data that you externally source and input into the Lawyer 365 Service (“Uploaded Client Data”) that you have obtained the individual’s consent to the collection and use of such personal data for you to contact them and manage their relationship with you, and their consent to receive marketing emails.
2. Services
2.1. Services
a. We will take all reasonable steps to ensure that the Services are generally available without interruption, but you acknowledge and agree that internet systems and services are not interruption, error or fault free, and we make no representation or warranty in relation to the same. You further acknowledge and agree that occasional periods of downtime for repair, maintenance and upgrade may be required and therefore uninterrupted provision of the Lawyer 365 Service cannot be guaranteed. We are not responsible to you for any delays, delivery failures, or any other loss or damage resulting from the unavailability of our Services;
b. To avoid Service interruption unless we or you cancel or terminate these Terms of Use in accordance with these Terms of Use, the Services and your selected Subscription will continue to be provided on a rolling basis from the renewal date of your current Subscription (“Subscription Renewal Date”). Details of your Subscription Renewal Date are available to view in your account on our Website. Each new such Subscription period will start on a Subscription Renewal Date;
c. If your selected Subscription Plan is Access, Premium or Enterprise, no contact details are permitted to be displayed on the Lawyer 365 profile or listing(s), prohibited details include telephone numbers, email addresses and website URLs;
d. Monthly subscriptions are subject to a minimum 3 month term.
2.2. Bolt-on Services
a. We also offer and provide additional products which boost the visibility of your profile (“Bolt-on Services”). Bolt-on Services are only available as part of certain Subscription Plans and are subject to a usage cap. Details of the additional Charges for any Bolt-on Services will be set out and available to view in your account on our Website.
b. The addition of service and location listings to your profile are subject to additional Charges over and above any inclusive allowance for your specific Subscription Plan features, these are detailed in your account.
c. By adding additional service and location listings to your profile over and above any inclusive allowance for your specific Subscription Plan features that you are able to provide a full advisory service remotely in these locations and that you accept the additional Charges which will apply automatically in respect of the additional service and location listings.
2.3. Enquiry Services
a. If your Subscription Plan is “Premium” or “Enterprise”, Lawyer 365 portal will provide to you suitable Enquiries received from Users. This does not apply to “Access” Subscription Plan.
b. Additional specific terms in relation to Enquires applicable to your Subscription Plan or alternative schemes or promotions provided by us shall be notified to you from time to time as relevant.
c. Users have two options for finding a professional near them. They can choose to search locally and send a direct Enquiry through the “Consult Now” to their chosen professional, or use our automated appointment booking service and consult with the most suitable professionals that matches their criteria.
d. If a User chooses to search locally for a professional using our integrated Google Maps location-based search, they will be shown a list of local professionals to choose from.
e. If the User chooses you, they will contact you using an enquiry form that will be sent directly to you (“Consult Now”). Lawyer 365 will notify you by notifications in the app.
f. Should you fail to respond or reject a Direct Enquiry (Consult Now) within the agreed “Consult Now” 30-mins response timeframe, then the Direct Enquiry will be forwarded to other professionals in the local area who are currently available online and most suited to the User’s needs (“Forward Enquiries”).
g. Users choosing to Book Appointment with the selected legal professional are required to fill in an enquiry form specifying their needs and chose an appointment time using the platform’s appointment booking feature. Our booking tool then sends the Enquiry (appointment booking) direct to the inbox of that professional (“Booked Appointment”).
h. We encourage Users to provide details of the advice area(s) they are seeking, if appropriate, and endeavour to collect the highest quality information. However, we can only pass on the information volunteered by each User, and we offer no guarantee of an Enquiry’s completeness or accuracy.
2.4. We do not warrant and/or offer any guarantee that any business will be created or developed by you from any Enquiry provided by us.
2.5. You must ensure that any activity you conduct as a result of an Enquiry provided by us complies with all Applicable Regulations.
2.6. From time to time we may modify the portal, apps and any of the Services without prior notice, but in doing so we will endeavour not to diminish the value and utility of the Services to any material degree. If in our reasonable opinion we consider that such modification is likely to materially affect the nature or scope of the Services or have a serious detrimental effect on your financial position, we will notify you of such modification and you shall have the option to either:
a. agree to the modification and continue to receive the Services; or
b. cancel your Subscription in which case you will be entitled to a refund of Charges you have already paid to us from the date of termination until your next Subscription Renewal Date.
3. Service Standards
3.1. From the date you Subscribe, we shall:
a. provide the Services you have Subscribed to as part of your Subscription Plan in accordance with these Terms of Use;
b. provide the Services you have Subscribed to as part of your Subscription Plan with reasonable care and skill; and
c. reasonably co-operate with you in relation to your use of the Services.
3.2. From the date you Subscribe, you shall:
a. provide your professional services to any of our Users or Enquiries we provide to you to a high standard, in a timely and professional manner and in accordance with good industry practice;
b. not share your username, password or account logon details with anyone who you are not authorised to do so in accordance with Section 1.6;
c. not do or omit to do anything which could damage our goodwill or bring our reputation into disrepute;
d. ensure that all Authorised Users comply with the terms of these Terms of Use; and
e. ensure that you comply with all of our current policies made available on the portal/apps from time to time, including but not limited to any acceptable use terms, service levels, any other standards or policies which we may publish.
4. Billing and Payment
5. Suspension,
Cancellation and Termination
5.1. We may, at our sole discretion, suspend your account, your Subscription or our Services at any time and without prior notice and continue to suspend the Services until the circumstances giving rise to the suspension cease to subsist, or until these Terms of Use are terminated in accordance with the relevant provisions if:
a. you are found not to hold any required authorisations, permissions, licences or consents under Applicable Regulations required to provide all or any part of the advice or professional services contained or referenced in your portal/apps profile and listing(s);
b. you have not logged into your account to check and update your details and information in what we, in our sole discretion, consider to be a reasonable period of time;
c. a payment for our Charges (or any fees due to us) is not successfully settled, due to expiration of your Payment Method, insufficient funds, or otherwise, and you do not change your Payment Method or cancel your account, we may suspend your access to the Services until we have obtained a valid Payment Method and payment for any unpaid invoices;
d. at any time we, in our sole discretion, reasonably conclude your profile or listing(s) are or may become unlawful, misleading, offensive, prejudicial or inflammatory, or are likely to expose us to claims or liability, damage our reputation or cause us embarrassment, infringes our rights or the rights of third parties or does not comply with our then current advertising guidelines and policies; or
e. we have reasonable grounds to believe that the right to use any of the intellectual property rights arising in the materials contained or uploaded within your profile has been withheld or withdrawn or the owner of such rights failed to give permission for your use of the same.
5.2. We may terminate your Subscription, the provision of our Services and these Terms of Use at any time:
a. if any of the grounds for suspension set out in section 5.1 have arisen and we consider it appropriate to do so;
b. on at least 7 days’ notice, such notice to expire on your Subscription Renewal Date;
c. if you commit a material breach of any provision of these Terms of Use;
d. if you commit persistent breaches of these Terms of Use which we in our reasonable opinion consider to be inconsistent with an intention to comply with the same;
e. if you cease, or threaten to cease, to carry on business, compound or make any arrangement with your creditors or become insolvent or unable to pay your debts or if any order is made or resolution passed for your liquidation, winding-up or dissolution or if a receiver or manager or administrative receiver or administrator or supervisor is appointed over any of your assets or if anything analogous to or having a substantially similar effect to any such events shall occur; or
f. you (or any member or partner in your firm) die, are convicted of a criminal offence, have a bankruptcy petition presented against you, are adjudged bankrupt or have a receiving order or an administration order made against you or make any composition or arrangement with your creditors.
5.3. Subject to section 2.1.e, you can cancel your Subscription at any time, and you will continue to have access to the Services until your next Subscription Renewal Date when your access to the Services will automatically cease.
5.4. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any unused Subscription period.
5.5. To cancel your Subscription Plan call or email our Customer Success Team. You will need to provide written confirmation of your wish to cancel your Subscription.
5.6. If you pay for your Subscription via an annual payment you may cancel in the first 14 days of your Subscription (“Cooling off Period”). If you cancel during the Cooling off Period we will refund the full 12 months of your paid Subscription Fee minus a £75 admin fee.
5.7. Termination of these Terms of Use for any reason shall be without prejudice to any pre-existing rights and/or claims that either party may have against the other and shall not relieve either party from fulfilling its obligations accrued prior to such termination.
5.8. You acknowledge that, immediately upon termination or cancellation:
a. the licence granted to you under section 1.2 to use our Services shall automatically cease; and
b. the licence granted to you to use the Lawyer 365 Logo (“the Logo”) under section 6 shall automatically cease and you undertake that you will:
i) cease to use any printed or electronic business materials bearing the Lawyer 365 Logo;
ii) remove the Logo from your website and emails; and
iii) remove and destroy all such advertising materials bearing the Logo as have been, or are being used and which are still in your possession.
5.9. You acknowledge that you are responsible for migrating any data including Uploaded Client Data from your account upon termination or cancellation of your Subscription, and that upon the expiry of 30 calendar days from the date of cancellation or termination of your Subscription, any data including Uploaded Client Data will be permanently deleted by us.
6. Intellectual Property Rights and Licensing
6.1. You acknowledge and agree that we and/or our licensors own all intellectual property rights in the Lawyer 365 Service. Save for as expressly stated, these Terms of Use do not grant to you any rights to, under or in, any patents, copyright, database right, trade secrets, trade names, trademarks (whether registered or unregistered), rights in software (including source code and object code) or any other rights or licences (or any type) in respect of the Lawyer 365 Service.
6.2. The rights granted to the legal professional by this section 6 are personal to that lawyer and may not be transferred, assigned or otherwise dealt with by in any manner whatsoever.
6.3. The lawyer will abide by regulations and practices in force or use in the relevant jurisdiction in order to safeguard the rights of Lawyer 365 in the Logo and will not do or omit to do anything to diminish the rights of Lawyer 365 in the Logo or impair any registration of the Logo.
6.4. You will be responsible for any use which you make of (or licence which you may give to) any intellectual property rights pursuant to any arrangement entered into with any third party and indemnify us against any and all claims, losses, costs, damages or expenses arising as a result.
7. Limitation of Liability and Indemnity
7.1. You acknowledge and agree that we make no warranty and give no representation of any kind in relation to any third-party data (including Uploaded Client Data and any data contained in an Enquiry) available of our portal and we accept no responsibility or liability for inaccuracy in or arising out such third party data.
7.2. We do not warrant that any business will develop for you as a result of your use of the Services.
7.3. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
a. use of, or inability to use, our portal/apps; or
b. use of or reliance on any content displayed on our portal/apps.
7.4. All implied warranties, conditions, representations or other terms that may be applied by statute or common law are, to the fullest extent permitted by law, excluded from these Terms of Use.
7.5. To the fullest extent permitted by law, we do not accept any liability for:
a. loss of revenue;
b. loss of actual or anticipated profits;
c. loss of business;
d. loss of reputation;
e. injury (not caused by our negligence);
f. distress;
g. loss of contracts; or
h. any indirect or consequential loss or damage.
7.6. Nothing in these Terms of Use shall limit or exclude our liability in respect of death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation.
7.7. Except as expressly stated to the contrary above, our entire liability to you under or in connection with these Terms of Use shall be limited to the amount of the Charges paid by you in the previous 12 months.
7.8. You shall indemnify us against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by us arising out of or in connection with:
a. your use of the Lawyer 365 Service;
b. any breach by you and/or your Authorised Users of these Terms of Use; and/or
c. the Uploaded Client Data (save where such claim, action, proceeding, loss, damage, expense or cost arises as a result of our failure to comply with our own obligations in respect of the Uploaded Client Data).
7.9. Neither party to these Terms of Use shall be liable for any breach of its obligations hereunder resulting from causes beyond its reasonable control including but not limited to fires, strikes, insurrection or riots, embargoes, container shortages, inability to obtain supplies, equipment or materials, requirements or regulations of any civil or military authority (an “Event of Force Majeure”). If an Event of Force Majeure continues for more than 45 days, either party shall be entitled to terminate the Services on written notice to the other without either party having any further liability save for any accrued rights or claims which existed prior to the Event of Force Majeure.
7.10. You accept that we have no responsibility for any information posted on our portal/apps by any third party or for any action taken by them as a result of arrangements entered into by you.
7.11. You accept that you alone are responsible for performing any due diligence or inquiry into any services offered through any third party.
7.12. You are responsible for your own professional and regulatory compliance with Applicable Regulations in relation to any services you provide a User.
7.13. You acknowledge that while information provided by us relating to the Services has been provided in good faith, you are entering into these Terms of Use on the basis of your own enquiries and you acknowledge that you have not relied on, and shall have no right or remedy in respect of, any representation, statement, assurance or warranty as to the development of your business via the Services or otherwise
8. Data Protection
8.1. In these Terms of Use, the terms “controller”, “processor”, “data subject”, “personal data”, “processing” and “appropriate technical and organisational measures” have the meanings given to them in the Data Protection Act 2018 and (for as long as and to the extent that the law of the European Union has legal effect in the UK) Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and repealing Directive 95/46/EC (General Data Protection Regulation) as amended and implemented by national laws, regulations and secondary legislation from time to time in the UK (“Data Protection Legislation”).
8.2. To the extent that we collect any personal data relating to you in the course of providing the Services, you agree to us holding and processing in any manner and transferring such data for the purposes of carrying out the Services or any of our obligations under these Terms of Use, and for the administration and management of our business, for compliance with applicable procedures, laws and regulations and for any other purpose for which you have given your consent. These Terms of Use are subject to our Privacy Policy as updated from time to time.
8.3. Both parties must ensure their own compliance with Data Protection Legislation. This section 8 is in addition to, and does not relieve, remove or replace, a party’s obligations or rights under the Data Protection Legislation.
8.4. In providing the Lawyer 365 Service, we shall share Enquiry data with you and in this instance, you shall be a Controller in your own right of such Enquiry data, for the purposes of the Data Protection Legislation.
8.5. Where you are a controller pursuant to sections 8.4 of these Terms of Use, you:
i) acknowledge and agree that the personal data may not be transferred or stored outside the EEA unless any such transfer is in strict accordance with the Data Protection Legislation;
ii) shall ensure that you have all necessary appropriate consents and notices in place to enable lawful transfer of the personal data to us for the duration and purposes of these Terms of Use (where we are acting as a processor on your behalf) so that we may lawfully use, process and transfer the personal data;
iii) shall ensure that the relevant third parties have been informed of, and have given their consent to, such use, processing, and transfer as required by all applicable data protection legislation;
iv) shall ensure that you have in place appropriate technical and organisational measures, to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the personal data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting personal data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to personal data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by you);
v) undertake that if you intend to use the personal data for any other purpose than as set out in these Terms of Use you shall notify the individual of the same immediately and ensure you have all the necessary and appropriate consents, and lawful basis for processing the personal data for such new purpose.
8.6. The Lawyer 365 Service provides you with the ability to monitor your client leads and input Uploaded Client Data and in doing so allows you to access, manage and utilise personal data. In providing our Services in these instances, Lawyer 365 is required to process personal data on your behalf and Lawyer 365 will be the Processor for the purposes of the Data Protection Legislation, and you the Controller.
8.7. Without prejudice to the generality of section 8.5, the processor shall, in relation to any personal data processed in connection with the performance of its obligations under this agreement:
i) process that personal data only on the controller’s documented written instructions unless we are required by the laws of any member of the European Union or by the laws of the European Union applicable to Lawyer 365 and/or Domestic UK Law (where Domestic UK Law means the UK Data Protection Legislation and any other law that applies in the UK) to process personal data (Applicable Laws). Where the processor is relying on Applicable Laws as the basis for processing personal data, the processor shall promptly notify the controller of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit the processor from so notifying the controller;
ii) not transfer any personal data outside of the European Economic Area and the United Kingdom unless the following conditions are fulfilled:
(a) either party has provided appropriate safeguards in relation to the transfer;
(b) the data subject has enforceable rights and effective legal remedies;
(c) the processor has complied with its obligations under the Data Protection Legislation by providing an adequate level of protection to any personal data that is transferred; and
(d) the processor has complied with reasonable instructions notified to it in advance by the controller with respect to the processing of the personal data;
iii) assist the controller, at its sole cost, in responding to any request from a data subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
iv) notify the controller without undue delay on becoming aware of a personal data breach;
v) at the controller’s written direction delete or return personal data and copies thereof to the processor on termination of the agreement unless required by Applicable Law to store the personal data (and for these purposes the term "delete" shall mean to put such data beyond use); and
vi) maintain complete and accurate records and information to demonstrate its compliance with this section 8 and immediately inform the controller if in the processor’s opinion an instruction infringes the Data Protection Legislation.
8.8. A general description of the scope, nature and purpose of processing by us, the duration of the processing and the types of personal data is set out in the Appendix to these Terms of Use.
9. Additional Provisions in relation to Uploaded Client Data
9.1. We shall follow our own internal archiving procedures for any Uploaded Client Data which we may have in place, amend and update in our sole discretion from time to time. In the event of any loss or damage to the Uploaded Client Data, your sole and exclusive remedy against us shall be for us to use reasonable commercial endeavours to restore the lost or damaged Uploaded Client Data from the latest back-up of such Uploaded Client Data any loss, destruction, alteration or disclosure of the Uploaded Client Data caused by any third party (except those third parties sub-contracted by us to perform services related to the maintenance and back-up of the third party data for which it shall remain fully liable).
10. Confidentiality
10.1. During your use of the Lawyer 365 Service we may provide, or make available to you, some of our Confidential Information (as defined below). Subject to section 10.3, you agree that you shall hold such Confidential Information strictly in confidence and not make our Confidential Information available to any third party, or use our Confidential Information for any purpose other than as permitted within these Terms of Use.
10.2. You will take all necessary steps to ensure that our Confidential Information is not disclosed or distributed by your Authorised Users in violation of these Terms of Use.
10.3. You may disclose our Confidential Information to the extent such Confidential Information is required to be disclosed by law, by any governmental or other regulatory authority or by a court or other authority of competent jurisdiction, provided that, to the extent it is legally permitted to do so, you give us as much notice of such disclosure as possible and, where notice of disclosure is not prohibited and is given in accordance with this section 9.3, you take into account and implement all of our reasonable requests in relation to the content of such disclosure.
10.4. A reference to Confidential Information within these Terms of Use includes any and all information of whatever nature disclosed directly or indirectly by us to you, including any information relating to our business affairs, customers, suppliers, products and services, technical information and data, financial information, marketing information, analyses, documents, data, formulae, processes, designs, know-how, source code, object code, trade secrets and Intellectual Property Rights which information is designated in writing to be confidential or proprietary, or which information would, under the circumstances, appear to a reasonable person to be confidential or proprietary.
10.5. The obligations contained within this section 10 shall survive any termination of your Subscription.
11. Miscellaneous
11.1. Customer Support. To find more information about our Service and its features or if you need assistance with your account or Subscription, please contact our Customer Success Team on hello@lawyer365.co.ukor call +44 (0)121 212 6580 (UK).
11.2. In the event of any conflict between these Terms of Use and information provided by Customer Success Team or our Portal, these Terms of Use will prevail.
11.3. We will send you information relating to your account (e.g. payment authorisations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration.
11.4. If any provision of these Terms of Use shall be found to be unenforceable or invalid in whole or part, then such whole or part provision shall be deemed deleted from these Terms of Use and the remainder shall continue in full force and effect.
11.5. Nothing in these Terms of Use shall be deemed to create between you and us any of the relationships of partnership, agency, employment or joint venture.
11.6. Headings within these Terms of Use are for convenience only and shall have no effect on the interpretation of the terms within.
11.7. An obligation on you to do something, shall also be interpreted as an obligation to procure that something is to be done.
11.8. References to include, includes and in particular or anything similar are illustrative only and none of them shall limit the sense of the words preceding or following them and each of them shall be deemed to incorporate the expression without limitation.
11.9. A person who is not a party to these Terms of Use shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.
11.10. These Terms of Use, their interpretation and their subject matter shall be subject to the laws of England and the parties irrevocably submit to the exclusive jurisdiction of the English courts.
APPENDIX 1 – Details of processing undertaken by us
Subject matter and duration of the processing | The Lawyer 365 Service is a cloud hosted solution, and we may have access to your personal data and the personal data of your customers by virtue of supplying and maintaining the Lawyer 365 Service and the input of Uploaded Client Data.
We will only process such personal data for as long as is required to comply with the Terms of Use and to provide the Lawyer 365 Service or where we are required to store such data to comply with laws or for our business record keeping purposes in accordance with our data retention protocols.
Uploaded Client Data will be retained by us for up to 30 calendar days from the cancellation or termination of your Subscription where it will then be permanently deleted.
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Nature and purpose of the processing | Processing of personal data is for the purpose of performing the contract and/or to provide the Lawyer 365 Service.
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Type of Personal Data | The Lawyer 365 Service is intended to monitor the lifespan of client (or prospective client) enquiries. The data may therefore include names, addresses, dates of birth, places of birth, contact details and other personal identifiers as may be necessary or desirable for your effective use of the Unbiased Service.
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Categories of data subjects | Individuals whose details have been provided to you as part of an Enquiry or are uploaded to the Lawyer 365 Service by you for the necessary or desirable use of the same by you.
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APPENDIX 2 – Details of our Subscription Plans
Three different plans. Three great ways to grow your business.
| Access Plan The perfect plan for businesses starting out or looking to promote themselves locally Per profile, billed monthly
£ FREE | Premium Plan The perfect plan for businesses looking to grow their client base Per profile, billed monthly
£ 49 | Enterprise Plan The perfect plan for lawyers looking to scale across additional locations, ready for market expansion Per profile, billed monthly £ 99 |
Included in all our plans as standard
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Build your brand presence
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Eye-catching profile promoted in the lawyer directory | |||
Profile optimised to appear in local searches across all major search engines and the app | |||
Manage your business profile on portal & apps with information and photos, and be seen in local Google searches. | |||
Build your virtual practice with Lawyer 365
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Ability to receive new client enquiries direct from your profile on portal and apps | |||
Build a virtual practice and provide video consultations | |||
Secure chat communication, including plain text, images, audio or video. All information is fully encrypted. | |||
Live video calls with potential clients. You decide whether and when a video call is needed. | |||
Working Diary and On/Off Duty mode. Easily manage your diary, setting days when you are available to take booking and calls, and when you are off. | |||
Integrated online appointment booking service (portal and app), making scheduling and booking appointments more accessible, easier and faster. | |||
Manage your leads and stay in control
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Measure and improve your performance with key data statistics | |||
In-account (app/portal) client messaging, video and chat history | |||
Access leads, appointments and enquiries on the go through our app on your mobile device | |||
Additional value to help grow and scale your business with increased exposure
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Increased exposure with two additional free listings | |||
Featured profiles on portal and apps providing additional visibility and exposure. | |||
Access to advanced analytics and insights to track and improve business performance | |||
Dedicated account manager committed to helping you meet your business goals | |||
Personal coordinator as the liaison between you and the client prior to the consultation | |||
Nationwide presence with a profile promoted through up to 300 advertising campaigns | |||
Personal AI Legal Assistant (AILA). An AI-guided assistant gathering information from leads when you’re not available. | |||
Export your clients leads and enquiries direct to your Case Management System. |
Lawyer 365 Privacy Policy
Last updated: 18 April 2021
Lawyer 365 portal and smartphone apps are owned and operated by Lawtech 365 Ltd ("we/us"). We are committed to protecting and respecting your privacy. This privacy policy explains what information we collect about you through our portal and how we use that information and the procedures that we have in place to safeguard your privacy.
At Lawyer 365, lawyers and technical personnel work jointly to manage the platform and provide initial consultations, information and template documents. For us at Lawyer 365, you as an individual and as a client always come first and this privacy policy (the “Privacy Policy”) explains how we handle your personal data when you sign up to and use our platform and when you seek legal advice or information from us (the “Services”).
We explain in more detail in this Privacy Policy how Lawyer 365 works for you as a “user” and “client” and who is responsible for the processing of personal data, which is carried out in connection with your use of the Services. We also describe which personal data about you is processed when you use the Services, how we process the personal data, and why. We also describe the legal basis for our processing and external parties which may handle personal data about you in order for us to provide you with the Services. You also receive information about your rights in relation to the processing of your personal data and what you can do to exercise these rights.
Visitors to Lawyer 365 portal
Cookies
This portal uses cookies. When we provide services, we want to make them easy, useful and reliable. Where services are delivered online, this sometimes involves placing small amounts of information on your device, for example, computer or mobile phone. These include small files known as cookies. See below more information about the cookies we use on our portal.
Statistical information
We may use aggregate information and statistics for the purposes of monitoring website and app usage in order to help us develop our services and may provide such aggregate information to third parties. These statistics (e.g. IP address, operating system and browser type) will not include information that can be used to identify any individual.
Third Party Links
Lawyer 365 portal and apps contain links to websites owned and operated by third parties. If you follow a link to any of these websites, please note that they may have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
Transfers outside of the EEA
Any information you provide to us will routinely be stored in the UK. In order to maintain and improve the functionality of our portal, it may periodically be necessary for your information to be processed in countries within the EEA or outside of the EEA temporarily. In any such instances we will ensure that appropriate legal, technical and organisational measures are in place to ensure that our obligations in relation to your information continue to be met at all times.
People who request a consultation through Lawyer 365
If you choose to connect with a legal professional through our portal or apps by either connecting a directly to a professional or using our appointment booking form, you will choose to provide us with personal information.
Where you input this information on behalf of a third party (for example where you are seeking professionals on behalf of a relative) you must ensure that you have the authority and consent of the individual to whom the information you have chosen to provide belongs.
We store this information securely. We collect this information so we can help you find a professional who can help you with your enquiry. This is the service we provide and when you connect with a lawyer, we consider that we have a contractual obligation to provide this service. Where you input information on our portal or apps prior to submitting an enquiry we will treat such information as if you have submitted an appointment request and may use the information to contact you to enable you to complete your enquiry.
If the professional you choose to contact is unavailable, we will do our best to find another local professional who matches your search criteria, and this is all part of the service we offer to consumers who use our service. If a professional wishes to respond to your enquiry we will pass the above information on to them. Your information will not be shared with any other parties.
Whilst we require all professionals to comply with all laws and regulations, we do not have any control over or responsibility for how the professional uses the data you provide to them; however professionals are also subject to Data Protection Legislation and are responsible for protecting and using your data accordance with the Legislation.
You may choose to opt in to receive additional communications from us and whether you choose to do so will not affect the service we provide to you. If you choose to opt in, you can opt out of receiving these communications by using the relevant check boxes on the forms we use to collect your data, in your account, or clicking the unsubscribe link in emails. You can also unsubscribe at any time by contacting hello@lawyer365.co.uk. We do not collect any credit card or other payment information from consumers.
People who create an account on our portal
If you choose to create an account on our portal, you will choose to provide us with personal information.
Lawyer 365 stores this information securely. We collect this information so we can provide you with relevant content and features in your account. Your information will only be shared with legal professionals registered with the portal.
We may also use your data to provide you with information which may be of interest to you by email. You will need to opt in to receive these communications and whether you choose to do so will not affect the service we provide to you. If you choose to opt in, you can opt out of receiving these communications by using the relevant check boxes on the forms we use to collect your data, in your account, or clicking the unsubscribe link in emails. You can also unsubscribe at any time by contacting hello@lawyer365.co.uk.
Lawyers and professionals who subscribe to our portal
Information we may collect
When you subscribe to a professional plan with Lawyer 365 you are seeking to enter into a contractual agreement with us and all of the details you provide to us are deemed to be necessary to enable us to prepare for and subsequently fulfil our contractual obligations to you. We may ask for business information which may include personal details.
You will be entirely responsible for the content of your profile, as more fully set out in the Professional Terms of Use which govern the relationship between any subscriber and us. The Terms of Use are available in full when you register, log in to your account or visit the expert section of the portal. You may amend your profile at any time by logging on to your account and updating the relevant information or by contacting our Customer Success team and you must amend your profile where any details have changed.
How we use the information
We use information held about you in the following ways:
· To carry out our obligations to you and to process your application effectively
· To fulfil our obligations to you in accordance with the contractual terms that govern our relationship with you
· To ensure that content from our portal is presented in the most effective manner for you and for your computer
· To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes
· To allow you to participate in interactive features of our service, when you choose to do so
· To notify you about changes to our service
We may also use aggregate information and statistics for the purposes of monitoring website usage in order to help us develop the portal and our services and may provide such aggregate information to third parties. These statistics (e.g. IP address, operating system and browser type) will not include information that can be used to identify any individual.
As you are a professional subscriber (Expert), we will use your personal information to send you information about products and services of ours which we think may be of interest to you. Where we use your information in this way, we consider that we have a legitimate interest in using your information for this purpose having balanced the potential benefits to you, the nature of the personal information we will utilise (being largely in the public domain) and our own commercial interests. This may include contacting you by post, telephone and email. Where you receive such information you may opt out at any time by logging on to your account, or by clicking the unsubscribe link in the emails.
From time to time you may have the opportunity to opt in to emails from quality brands we have selected to be partners. You can unsubscribe from these emails at any time by logging on to your account, or by clicking the unsubscribe link in the emails.
Provision of services by our Group of Companies
Elements of the services we provide to you under any agreement between you and us or as a result of any consent received from you may be fulfilled by any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries.
Disclosure of the information to third parties
To take advantage of some parts of our Service you may be required to log in or register with us. We and any third parties who host or maintain our Service may need to collect information about you and your computer to enable you to do so. The information will be collected when you register with or log in to our Service.
We will share your information if we are under a legal obligation to do so or otherwise as agreed in our terms of use.
Subscriber’s public information
Profile information submitted for display on the Lawyer 365 portal and apps is information intended for the public domain and therefore cannot be classed as private. By submitting your profile information to Lawyer 365, you give us unconditional permission to use this information regardless of any moral rights, copyright, service mark, trademark or patent laws. Further, you allow us to publish, modify, edit, translate, distribute and otherwise reproduce the information in whatever format we choose.
How we store your information
We take your online security seriously, whether you are a consumer visiting our website or a professional advertising on our website.
Full details of how we protect the information you provide us are given below:
· For consumers who Book Appointments on our portal, consult using “Consult Now” features or register for an account, the secure server software encrypts all information you input.
· For professionals and legal experts who subscribe to our services, when you register your profile and the details relating to it, the secure server software encrypts all information you input.
· As an additional security measure for professionals paying for subscription services on our website, credit card numbers are encrypted both before an order is processed and when stored on our database.
· To securely receive payments over the internet, we use Secure Sockets Layer (SSL) technology using a secure global “Stripe” payment platform to protect your personal information and payment details. We take security seriously and have put in place appropriate physical, electronic and managerial procedures to safeguard the information we collect.
· We comply with the standards, procedures and requirements laid down in all UK Data Protection Legislation to ensure that your personal information is kept secure and processed fairly and lawfully.
The transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to or from our portal; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
Your Agreement
By subscribing or otherwise using Lawyer 365 portal and apps, you agree to your information being gathered and used in the ways described in this policy.
If we change our privacy policy, we will post the changes on this page, and may place notices on other pages of our website, so that you may be aware of the information we collect and how we use it at all times. Continued access to and use of the portal and apps will signify that you agree to any such changes.
Your rights
Under the Data Protection Laws, you have a number of important rights free of charge. In summary, those include rights to:
· access to your personal information and to certain other supplementary information that this Privacy Notice is already designed to address
· require us to correct any mistakes in your information which we hold
· require the erasure of personal information concerning you in certain situations
· receive the personal information concerning you which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit those data to a third party in certain situations
· object at any time to processing of personal information concerning you for direct marketing
· object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you
· object in certain other situations to our continued processing of your personal information
· otherwise restrict our processing of your personal information in certain circumstances
For further information on each of those rights, including the circumstances in which they apply contact the Information Commissioner’s Office.
If you would like to exercise any of those rights, please:
• email hello@lawyer365.co.uk;
• provide information to identify you e.g. your name and company name;
• provide proof of your identity (a copy of your driving licence or passport); and
• let us know the information to which your request relates.
Lodging a complaint
We hope that we can resolve any query or concern you raise about our use of your information.
The Data Protection Laws also give you right to lodge a complaint with a supervisory authority. The supervisory authority in the UK is the Information Commissioner who may be contacted at www.ico.org.uk or telephone: 0303 123 1113.
How to contact us
We welcome your views about Lawyer 365 portal and our privacy policy.
If you would like to contact us with any queries or comments, please email hello@lawyer365.co.uk or write to:
Lawtech 365 Limited
Elizabeth Court
Stratford upon Avon
CV37 6HB
Website disclaimer
This website contains information on lawyers, law firms, legal advisers, legal professionals, experts, solicitors and barristers who provide legal advice and services in various jurisdictions across the world. The information is directed at any person visiting our portal or downloading the app.
Lawtech 365 Ltd, www.lawyer365.co.uk, the apps and the owners of any other online portal or app through which this information can be obtained do not endorse or approve any of the legal advisers listed in the directory or any advice that they may provide.
While Lawyer 365 undertakes a number of checks to ensure that information provided through its search is correct, it is your responsibility to satisfy yourself that the advertiser you see is appropriate for the business you are transacting and/or any advice you are seeking. Any decision to transact business with or take up the services of a subscriber is made by you on the basis of your own enquiries.
The information contained on the portal and apps is provided for general information purposes only and does not constitute professional advice. Lawtech 365 Ltd, Lawyer 365 portal, Lawyers apps and www.lawyer365.co.uk website do not accept any responsibility for any loss, which may arise from reliance on information provided and accept no responsibility for information provided by third parties as any links to third party sites are provided solely as a convenience to users and at your own risk.
Lawtech 365 Ltd and Lawyer 365 portal give permission for the downloading, printing, and temporary storage of one or more of the documents or pages retained on this portal for personal use or internal business use for the purpose of finding professional legal exports for your business only, and for no other purpose. The reproduction or transmission of the contents of this website is prohibited without the prior written consent of Lawtech 365 Ltd.
Who is responsible for the processing of personal data?
Lawtech 365 Ltd, company registered in England and Wales, registration number 13107185 (“Lawtech 365”), is a company that owns and makes available the ”Lawyer 365” portal, platform and apps (the “App”) and is the data controller for the processing of the personal data, which you register in the App or the Website (www.lawyer365.co.uk), up until the time at which you commence contact with a legal professional (Expert) for free initial legal advice.
When you seek free initial legal advice through Lawyer 365 portal, it is solely the legal professional and experts who are responsible for providing the advice and information, including the processing of personal data which is carried out in connection with providing you with advice.
When a legal professional is providing free initial advice to you, Lawyer 365 acts as a data processor for the processing of personal data necessary to provide the technical platform and related services.
How long do we keep your personal data?
Lawyer 365 only process your personal data as long as is necessary for the purposes for which the information in question is processed according to our legal obligations. This means we keep it as long as it is necessary in order for the legal experts to be able to provide free initial advice to you or otherwise for to be able to provide the Services, or in order to fulfil our legal obligations.
Third parties with whom your personal data may be shared when you use the Services
Subcontractors of Lawtech 365 Limited
In order for Lawyer 365 to be able to offer you the Services, it uses external suppliers that process personal data in certain cases, for example, IT service providers, such as operating and hosting providers. These service providers process personal data in the capacity of data processors on behalf of Lawtech 365 Limited, for the sole purpose of providing the services requested by Lawyer 365, and only according to our instructions.
Transfers to third countries
Lawtech 365 Limited and the Lawyer 365 portal may use IT suppliers for operating services outside of the EU/EEA. This means that we may transfer your User Data outside the EU/EEA, including the United States, India, etc.
Transfers of personal data take place to countries outside the UK/EU/EEA only if the transfer is lawful according to the applicable data protection legislation regarding the protection of your privacy in the recipient country with reference to: (i) the EU Commission’s decision regarding adequate levels of protection; (ii) application of the EU Commission’s standard contract clauses for transfers to third parties; (iii) that the recipient is covered by the Privacy Shield rules and thus the requirement of an adequate level of protection (applies to transfers to the United States); or (iv) other applicable safeguards in order to fulfil applicable data protection legislation.
Cookies
Lawyer 365 Cookies Policy
Lawtech 365 Limited (“Lawyer 365” “we” or “us”) uses cookies when you visit our portal to improve the quality of your experience and the services we provide. You can find out how to manage cookies on your devices below.
What are cookies?
Cookies are data files that can hold small amounts of information and are stored on your device (computer, smartphone, tablet etc) when you first visit a website.
Our use of cookies
We use the following cookies:
- Strictly necessary cookies. These are cookies that are required for the operation of our website, and include, for example, cookies that enable you to log into secure areas of our website. Please note that if you choose to disable these cookies, some parts of our website may not function correctly.
- Lawyer 365 – To enable our website to provide the services we offer.
- Analytical or performance cookies. These allow us to recognise 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.
- Lawyer 365 – Lets us see how visitors are using our website to help us improve it.
- Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your region).
- Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
- Facebook pixel – This lets us see how our advertising campaigns have performed.
Except for essential cookies, all cookies will expire after a reasonable period of time depending on the type of cookies.
Third parties may also use cookies via our website, for example advertising networks and web traffic analysis services. These third parties are responsible for setting their own cookies. These cookies are likely to be analytical cookies or performance or targeting cookies.
How to manage your cookies
You may change your website browser settings to manage your cookie preferences at any time. The Help menu on the menu bar of most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie and how to disable cookies altogether.
Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on's settings or visiting the website of its manufacturer. Please note without cookies you may not benefit from all the functionality available on our website or access some parts of the site. For further information about cookies and how to disable them please go to the guidance on cookies published by the UK Information Commissioner’s Office, www.aboutcookies.org or www.allaboutcookies.org.
How to contact us
Please contact our Data Protection Officer if you have any questions about this cookie policy or the information we hold about you.
If you wish to contact our Data Protection Officer, please send an email to hello@lawyer365.co.uk or write to Data Protection Officer, Lawtech 365 Ltd, Elizabeth Court, Stratford upon Avon, CV37 6HB, United Kingdom.
This policy was last updated 18/04/2021.