Legal and Regulatory Notice

January 2025

The following Legal and Regulatory Notice may be modified without notice.

ACTIVITY

Gillian Carmichael Lemaire is a mediator and arbitrator working internationally. She is a registered mediator with the Civil Mediation Council (England & Wales) and Scottish Mediation, and a Fellow of the Chartered Institute of Arbitrators.

Contact details:

Carmichael Lemaire Ltd
Registered office and postal address: 71-75 Shelton Street, London WC2H 9JQ
Phone: 07393 233400
E-mail: contact@carmichael-lemaire.com

Carmichael Lemaire Ltd is a limited liability company registered in England and Wales under company number 10447353 (the “Firm”).

WEBSITE POLICY

Your use of this website (the “Website”) or your provision of personal information to the Firm constitute your acceptance of the policy(ies) below.

General information only – no legal advice

The Website provides general information about the Firm and about topics and developments related to dispute resolution (the “Information”). The Information does not constitute legal advice and it should not be relied on. The Firm does not accept responsibility for any loss which may arise from reliance on the Information.

Third party websites

The Website may include links to websites which are controlled by third parties. The Firm neither endorses the content of any third party website nor accepts responsibility for the content of third party websites.

No client/lawyer relationship – No privilege or Confidentiality

As of December 2024, Gillian Carmichael Lemaire has retired as a practising solicitor and as a practising member of the Paris Bar. Your use of the Website does not create a client/lawyer relationship between you and the Firm. You should not use the messaging function on the Website to provide any confidential information about your disputes matter to the Firm as it will not be treated as privileged or confidential.

Copyright

The Firm owns all copyrights for the design of the Website and all text and graphics on the Website. Copyrights for the layout of the Website and the photographs used belong either to the Firm or to third parties and have been licensed to the Firm or its Website designers. You may not reproduce the contents of any page of the Website without the Firm’s prior written permission.

Protection of your personal data and your rights

The Firm may collect, store and process personal information given by you voluntarily via the contact@carmichael-lemaire.com or gillian.lemaire@carmichael-lemaire.com email addresses shown on the Website. This information is safeguarded in accordance with the Firm’s Privacy Policy below. The Firm does not otherwise collect, store or use information about visitors to the Website, including through the use of cookies, which it only uses for functionality of the Website.

PRIVACY POLICY

1.     Introduction

Carmichael Lemaire Ltd is committed to safeguarding the privacy and security of personal information in its care. This policy explains how and why we may collect your personal information, what we do with it and your rights.

2.     The purpose of this policy

As an essential part of our business, we collect and process personal data. Personal data is any information relating to an identified or identifiable living person. In this policy we will also refer to personal data as “personal information.”

We collect and handle personal information as a data controller in conformity with the UK and EU General Data Protection Regulation (GDPR) and the Data Protection Act 2018.

We are registered with the Information Commissioner’s Office (ICO) in the UK as a data controller under the registration number ZA757606.

3.     The type of personal information we collect

The type of personal information we collect depends on the business relationship that we have with you or the context in which we deal with you.

Most of the personal information we collect is provided to us directly by you because you are one of the categories of individual referred to in paragraphs 3.1 to 3.4 below.

We may also receive the same kinds of personal information from third parties, e.g., we might be given information about you if you are employed by or are an officer of a company.

We will only collect information from you that is relevant and necessary for our relationship with you and if and to the extent that applicable law allows.

We currently collect and process personal information in the following situations and otherwise as required or permitted by law:

3.1       Personal information when we provide consultancy services

We may collect and process personal information when we provide consultancy services to you or the organisation you work for. This may include:

(i)             contact information for you and other individuals within your organisation such as your name, email address, job title, phone number and demographic information such as your postcode.

(ii)            information concerning individuals employed by you.

(iii)           information about third parties engaged by you.

(iv)           information about your counterparties and other third parties connected to the matters on which we are working for you.

(v)            details of professional advisers, experts and consultants involved in the work that we carry out for you or engaged by us to support our work for you.

3.2       Personal information when we deal with you in relation to a case or claim on our clients’ behalf 

We may collect and process personal information when we deal with you in relation to a case or claim on our clients’ behalf. This may include:

(i)            where you or the organisation you work for are a regulator, government agency, court, tribunal or other law enforcement agency.

(ii)           where you or the organisation you work for provide goods or services to us or our clients (such as advisers, consultants or other professional experts).

(iii)          where you or the organisation you work for are a counterparty, or provide goods or services to a counterparty, of one of our clients (such as advisers, consultants and other professional experts).

3.3       Personal information in relation to the services Gillian Carmichael Lemaire provides as a mediator and arbitrator

We may collect and process personal information when Gillian Carmichael Lemaire serves as a mediator or an arbitrator. This may include:

(i)             information submitted voluntarily by parties and their advisers for an arbitration or a mediation.

(ii)            information necessary for the management and organisation of an arbitration or a mediation.

(iii)           information to determine an arbitration.

3.4       Personal information from other individuals with whom we conduct business

We may collect and process personal information from individuals other than those referred to in paragraphs 3.1 to 3.3 above. This may include:

(i)             when you contact us via the contact@carmichael-lemaire.com or gillian.lemaire@carmichael-lemaire.com addresses provided on the Website.

(ii)            when you enquire about our services.

(iii)           if you are the representative of a university, school, professional association or arbitration/mediation institution. 

(iv)           when you attend events in which we are involved.

(v)            when you apply for a role with us.

(vi)           when you provide us with your contact details.

4.     Basis for processing

Under the GDPR, the lawful bases we rely on for processing your personal information are:

(i)             the performance of our contract with you or the organisation you work for.

(ii)            we have a legal obligation.

(iii)           we have a legitimate interest, but only if this is not overridden by your interests,rights or freedoms as the data subject. Any legitimate interests pursued by us are (a) to engage with our clients and to allow us to provide consultancy services to them; (b) to provide services as a mediator and arbitrator; and (c) to enable us to manage our business lawfully and effectively, e.g., manage risks and liabilities arising from our business; develop our business and services (such as identifying client needs and improvements in service delivery); monitor the services we provide to clients for quality control purposes; maintain and use IT systems, including security monitoring.

(iv)           your consent. You are able to withdraw consent at any time. You can do this by contacting: contact@carmichael-lemaire.com (please use “Withdrawal of Consent” as the subject heading of your email) or by writing to the Firm at 71-75 Shelton Street, London WC2H 9JQ.

5.     Use of your data

5.1           We may use your personal information for the following purposes:

(i)             providing consultancy services, and the provision by Gillian Carmichael Lemaire of services as a mediator and arbitrator.

(ii)            meeting our legal and regulatory obligations.

(iii)           making and receiving payments in the conduct of our business and maintaining accounts and records.

(iv)           responding to enquiries, requests and complaints.

(v)            dealing with employment applications and enquiries.

(vi)           provision of education and training to clients and other third parties, e.g, universities, schools and professional associations.

(vii)         carrying out limited marketing and promotional activities in relation to the services we provide, directed towards both current clients and those who refer business to us, and sending out invitations to events we are holding or are involved in.

5.2           We will only share your personal information with third parties who need to be involved in your case unless you instruct us otherwise. Such third parties may include: 

(i)             lawyers and other legal representatives.

(ii)            experts.

(iii)           courts and tribunals.

(iv)           arbitration and mediation institutions.

(v)            third parties who provide services necessary for your case.

(vi)           law enforcement and regulatory authorities.

(vii)         researchers and academics.

6.     Storage and security of your personal information

We ensure that personal information you provide to us is kept secure using appropriate technical and organisational measures. We use a cloud storage and backup solution based in the EEA.

We may have to transfer your personal information outside the UK and the EEA if you are in a country outside the UK and the EEA or our business relationship with you so requires. The data protection laws and procedures applicable in countries outside the UK and the EEA may not provide the protection available in the UK and the EEA and you may not have the same rights as you would in the UK and the EEA. If this applies to you and you wish additional precautions to be taken in respect of your personal information, please let us know.

In the event of a personal data breach we have in place procedures to ensure that the effects of any breach are minimised and will liaise with the ICO and with you as appropriate.

7.     Period for retaining your personal information

We will only retain personal information for as long as is necessary for the purpose we are using it for and in accordance with applicable laws and regulations and guidance from professional regulatory bodies. The retention period will vary depending on the nature and context of the personal information. At the end of the retention period we will dispose of your data by securely destroying it.

8.     Your data protection rights

Under data protection law, your rights include the following:

(i)             Your right of access - You have the right to ask us for copies of your personal information.

(ii)            Your right to rectification - You have the right to ask us to rectify personal information you think is inaccurate. You also have the right to ask us to complete information you think is incomplete.

(iii)           Your right to erasure - You have the right to ask us to erase your personal information in certain circumstances.

(iv)           Your right to restriction of processing - You have the right to ask us to restrict the processing of your personal information in certain circumstances.

(v)            Your right to object to processing - You have the the right to object to the processing of your personal information in certain circumstances.  

(vi)         Your right to data portability - You have the right to ask that we transfer the personal information you gave us to another organisation, or to you, in certain circumstances.

You are not required to pay any charge for exercising your rights. If you make a request, we have one month to respond to you. 

Please contact us at contact@carmichael-lemaire.com or by writing to the Firm at 71-75 Shelton Street, London WC2H 9JQ if you wish to make a request.

9.     Complaints

If you have any concerns about our use of your personal information, you can contact us at contact@carmichael-lemaire.com or by writing to the Firm at 71-75 Shelton Street, London WC2H 9JQ.

You can also complain to the ICO if you are not satisfied with how we have used your data.

The ICO’s contact details are:

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

Helpline number: 0303 123 1113
ICO website: https://www.ico.org.uk

The Firm’s ICO registration number is: ZA757606.