Terms and conditions

The Terms and Conditions are valid from 10 October 2022.

Who We Are

This app (and any updates and supplements to it) is provided by CMS Cameron McKenna Nabarro Olswang LLP.

CMS Cameron McKenna Nabarro Olswang LLP is an English limited liability partnership. It has its head office address at 78 Cannon Street, London EC4N 6AF; its telephone number is +44 20 7367 3000; and its registration number is OC310335.

Please see the legal Information page for information about CMS Offices that operate in each country, including information as to the identities and contact details of the relevant entities, or in some case a link to where contact details can be found.

Information provided on the app

The information provided on this app is for general purposes only, it does not constitute legal or professional advice and should not be relied on or treated as a substitute for specific advice. For legal advice, please contact your main contact partner at the relevant CMS Office. If you are not a client of a CMS Office, please send an email to communications@cms-cmno.com so that your enquiry can be passed on to the right person(s).

We do not make any representations or give any warranties or undertakings in relation to the quality, accuracy, completeness or fitness for purpose of the content of our app.The app may also include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible for the content or accuracy of any materials provided by any third parties.

You must be 18+

You must be 18 or over to accept these terms and conditions and download the app.

Apple App Store Terms also apply

The ways in which you can use the app may also be controlled by the Apple App Store rules and policies.

Operating System Requirements

This app requires a smartphone device and iOS operating system running iOS 15.4 or higher. Additionally, the app will require access to the internet to initially download information, as well as periodic connection to the internet to download updates. The app will also need access to the device’s local data storage to store the information.

App support and how to tell us about problems

If you want to learn more about the app or have any problems using it please contact us at https://pensionsappterms.cms-cmno.com/contact

Privacy

Protecting your personal information is important to us. Our Privacy Policy explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to it and how to contact us and supervisory authorities if you have a query or complaint.

Fees

The app is free to download. There is no recurring fee.

Changes to these terms

We may change these terms and conditions from time to time. When we change these terms and conditions, we will publish the updated terms on this app. Please check these terms and conditions regularly. Subject to applicable law, all changes will take effect as soon as we publish the updated terms and conditions, but where legally required to do so, we may take additional steps to inform you of any material changes to our terms and conditions and may request that you agree to these changes.

Updates to the app

We may automatically update this app from time to time or change the content at any time. Alternatively, we may ask you to update the app. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the app or access all of its features.

We may also suspend, withdraw, discontinue or change all or any part of this app without notice. As such, there may be times when this app is unavailable for use.

If someone else owns the phone or device you are using

If you download or stream the app onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms and conditions, whether or not you own the phone or other device.

We are not responsible for websites you link to

The app may contain links to independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

Ownership of the app

We own or are the licensee of all intellectual property rights in this app, the content published on it and in any content, material or services made available through it, including any text, graphics, logos, button icons, images, audio clips and video clips. These works are protected by copyright laws and treaties around the world and other intellectual property rights. All such rights are reserved.

The CMS name and the CMS logo are also registered trademarks belonging to CMS Legal Services EEIG.

Your permitted Use of the app

You are permitted to download and use the app provided you follow all of the rules described in these terms and conditions. This permission:

  • is only for you personally and not for other third-parties;
  • starts when you download the app; and
  • covers content, materials, or services accessible from, or bought in, the It also covers updates to theappunless they come with separate terms, in which case we will give you an opportunity to review and accept the new terms.

Restrictions on your use of the app

You are not allowed to:

  • copy, reproduce, transmit or distribute any material contained in the app;
  • alter or modify the app’s code in any way or insert new code into it, either directly or through the use of anotherappor piece of software;
  • disassemble, reverse engineer the app, except to the extent that such actions cannot be prohibited by law;
  • deliberately attempt to avoid or manipulate any security features included in theapp; or
  • pretend that theappis your own or make it available for others to download or use (including by way of copying the code of theappand creating an independent version).

In addition, you must not use the app or its contents to do any of the following things:

  • break the law or encourage any unlawful activity;
  • send or upload anything that is (or might be considered to be) defamatory, offensive, obscene or discriminatory;
  • infringe our or anyone else’s intellectual property rights;
  • transmit any harmful software code such as viruses;
  • try to gain unauthorised access to computers, data, systems, accounts or networks; or
  • deliberately disrupt the operation of anyone’s website, app, server or business.

Our responsibility for any loss or damage suffered by you in connection with the use of the app, whether arising in tort (including negligence), breach of statutory duty, breach of contract, misrepresentation or otherwise for any and all events giving rise to liability shall not exceed £3,000,000 (three million pounds) (“the Liability Cap”).

Subject to the Liability Cap, we are only responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms and conditions, both we and you knew it might happen.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation. We also do not exclude or limit our liability to you for any statutory implied terms.

When we are liable for damage to your property. If defective digital content that we supplied damages a device or digital content belonging to you, we will either repair the damage or, subject to the Liability Cap referred to above, pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

We are not liable for business losses. The app is for domestic and private use only. If you use the app for any commercial, business or resale purposes we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Limitations to the app. The app is provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the app. Although we make reasonable efforts to update the information provided by the app, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

Please back-up content and data used with the app. We recommend that you back up any content and data used in connection with the app, to protect yourself in case of problems with the app.

Check that the app is suitable for you. The app has not been developed to meet your individual requirements. Please check that the facilities and functions of the app (as described on the Apple App Store and these terms and conditions) meet your requirements.

We are not responsible for events outside our control. If our provision of the app or support for the app are delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your agreement with us.

We may end your rights to use the app

We reserve the right, in our sole discretion, to limit or terminate your access to all or part of this app with or without notice.

We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms and conditions to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the agreement.

You need our consent to transfer your rights to someone else

You may only transfer your rights or obligations under these terms and conditions to another person if we agree in writing.

No rights for third parties

Apple and Apple’s subsidiary companies are third party beneficiaries of this agreement. This means that if you breach any of its terms and conditions, Apple has the right to enforce it and to take action against you directly, with or without our involvement.

Other than Apple and its subsidiaries, no one other than us or you has any right to enforce any term of this agreement.

If a court finds part of this agreement illegal, the rest will continue in force

Each of the paragraphs of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Even if we delay in enforcing this agreement, we can still enforce it later

Even if we delay in enforcing this agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms and conditions, or if we delay in taking steps against you in respect of your breaking this agreement, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

Which laws apply to this agreement and where you may bring legal proceedings

The laws of England apply to this agreement and any disputes will be subject to the non-exclusive jurisdiction of the English courts.

However, to the extent that you are acting as a consumer, rather than in the course of business, you will benefit from any mandatory protections given to you by the laws of the country in which you live. Nothing in these terms and conditions, including this provision regarding governing law and jurisdiction, affects your rights as a consumer to rely on such mandatory provisions of your local laws.

Last updated: 10 October 2022

Privacy Policy

This mobile application (“App”) is provided by CMS Cameron McKenna Nabarro Olswang LLP (“we” or “us”), an English limited liability partnership with registration number: OC310335. Its principal address is Cannon Place, 78 Cannon Street, London, EC4N 6AF, (telephone number: +44 20 73 67 3000, email address: communications@cms-cmno.com).

This privacy policy, together with the accompanying terms and conditions, applies to your use of the App and the services accessible through the App. It sets out how we process your personal information, for what purposes and your rights in relation to data protection. Please read this privacy policy to understand how we will treat your personal information.

  1. What personal information do we use?

We may process personal information including:

  • Information you input into the App registration (name, email, business title);
  • Information you give us; for example, details about you and your query if you contact us directly (for example, using the details in this privacy policy) in relation to the App, or if you send us feedback or report a problem with the App using our contact form (linked to using the ‘App Support’ button provided by Apple); 
  • Information we receive from other sources; for example, details about you contained in a review of our product displayed by Apple.
  1. How we use your personal information

We may process information about you and information about your usage of this App to:

  • Save your in App preferences
  • Handle enquiries, concerns or complaints that you submit in relation to the App.

We are also provided with aggregated data by third party service providers (AppCenter Analytics and Diagnostics iOS SDK), for example, usage data and crash report data in relation to the App; however, individual users cannot be identified from the processing of such personal information.

  1. What lawful bases do we rely on to process your information?

We rely on the lawful bases described below to process your personal information in connection with the App:

  • We process your personal information in relation to our legitimate interests in order for example to respond to reviews or other contacts from users received via third parties;
  • We process your personal information if we need to for the establishment, exercise or defence of legal claims or proceedings; and
  • We process your personal information, if we need to, to comply with any legal obligations that apply to us.
  1. Further information

Please note that the App may from time to time contain links to other websites (e.g. to show our privacy policy, and terms and conditions). You can find our online privacy policy here.  

Please note that any third-party websites and any services that may be accessible through them should have their own privacy policies and that we do not accept any responsibility or liability in respect of any processing of personal information undertaken by such websites.

  1. We protect your personal information when we transfer it abroad

We store only very limited personal information from users in relation to the App in relation to enquiries, complaints, feedback or reviews received. We do not require or store any log-in data or other personal information derived directly from the App. 

To the extent that any personal information is stored by us, it is stored in the UK and/or EU. In respect of any internal transfers of such personal information between the UK and EU: under UK law, the EU is deemed to have an adequate level of data protection; and, under EU law, the European Commission has issued an adequacy decision in respect of the UK. 

  1. How long do we store your personal information?

It is our policy to retain your personal information only for the length of time required for the specific purpose or purposes for which it was collected; however, we may be obliged to store some personal information for a longer period of time, taking into account factors including:

  • legal obligations under applicable law to retain data for a certain period of time;
  • statute of limitations under applicable laws;
  • (potential) disputes; and
  • guidelines issued by relevant data protection authorities.

Whilst we continue to process your personal information, we will ensure that it is treated in accordance with this privacy policy. Otherwise, we will securely erase your personal information once it is no longer needed.

  1. What are your rights?

You have the following rights:

  • Right to be informed: You have the right to be provided with clear, transparent and easily understandable information about how we use your personal information and your rights. This is why we are providing you with this privacy policy.
  • Right of access: You have the right to obtain a copy of your personal information (if we are processing it) and certain other information (similar to that provided in this privacy policy) about how it is used. This is so you are aware and can check that we are using your information in accordance with data protection law. We can refuse to provide information in certain circumstances.
  • Right to rectification: You can ask us to take reasonable measures to correct your personal information if it is inaccurate or incomplete.
  • Right to erasure: This is also known as ‘the right to be forgotten’ and enables you to request the deletion or removal of your personal information for example where there is no compelling reason for us to keep using it or its use is unlawful. This is not a general right to erasure; there are exceptions e.g. where we need to use your personal information in defence of a legal claim.
  • Right to restrict processing: You have the right to ‘block’ or suppress further use of your personal information when we are assessing a request for rectification or as an alternative to erasure. When processing is restricted, we can still store your personal information, but may not use it further. We keep lists of people who have asked for further use of their personal information to be ‘blocked’ to make sure the restriction is respected in future.
  • Right to data portability: You have rights to obtain and reuse certain personal information for your own purposes across different organisations. 
  • Right to object: You have the right to object to certain types of processing in certain circumstances.

You may also withdraw your consent to the processing of your personal information at any time by uninstalling the App or by contacting us at https://pensionsappterms.cms-cmno.com/contact, though please note that this will not affect the lawfulness of any processing we undertake prior to you withdrawing consent. 

  1. How to contact us

If you wish to request further information or exercise any of the above rights, or if you are unhappy with how we have handled your personal information, contact us here https://pensionsappterms.cms-cmno.com/contact . Please provide as much information as possible to help us identify the information you are requesting or action you would like us to take and why you believe this action should be taken. 

Before assessing your request, we may request additional information in order to identify you. If you do not provide the requested information and, as a result, we are not in a position to identify you, we may refuse to action your request. 

We will generally respond to your request within one month of receipt. We can extend this period by an additional two months if this is necessary taking into account the complexity and number of requests that you have submitted.

We will not charge you for such communications or actions we take, unless:

  • You request additional copies of your personal information undergoing processing, in which case we may charge for our reasonable administrative costs; or
  • You submit manifestly unfounded or excessive requests, in particular because of their repetitive character, in which case we may either: (a) charge for our reasonable administrative costs; or (b) refuse to act on the request.

If you make a complaint and are not satisfied with our response or believe our processing of your personal information does not comply with data protection law, you can make a complaint to the relevant data protection authority. The contact details for data protection authorities are: in respect of the UK, provided here: https://ico.org.uk/make-a-complaint/; and, in respect of the EEA, provided here: https://edpb.europa.eu/about-edpb/about-edpb/members_en  

  1. Changes to this privacy policy

We may make minor changes to our privacy policy. When we make these changes, we will make our updated privacy policy available on the App. 

This policy was last reviewed on 10 October 2022.