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Nature of Information and MaterialsAlthough this Site may provide information concerning legal issues, such information is not intended to constitute or be a substitute for legal advice from counsel. You agree that CACHARLES + CO. is not engaged in rendering legal services or advice by providing the information and materials on this Site, and that your use of the Site does not create any attorney-client relationship between you and CACHARLES + CO. CACHARLES + CO. assumes no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information or material on this Site. While CACHARLES + CO. takes reasonable measures to keep the information on this Site accurate, complete, and up to date, CACHARLES + CO. will not be responsible for any damage or loss related to the inaccuracy, incompleteness, or lack of timeliness of the information.
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Restrictions on Use of Materials & Copyright NoticeAll materials contained on this Site, including, but not limited to, text, images, graphics, logos, icons, software, and other content, as well as all associated intellectual property rights, including copyrights, trademarks, service marks, trade names, trade dress, and any other proprietary rights, are owned or licensed by CACHARLES + CO. These materials are protected by applicable intellectual property and other laws. You agree not to copy, reproduce, republish, upload, post, transmit, distribute, modify, create derivative works from, or exploit in any way the content on this Site, except for your personal, noncommercial use, without the prior written permission of CACHARLES + CO.
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Cookie PolicyWhat Are Cookies? A cookie is a small text file containing a unique identifier that is stored on your device when you visit a website. Cookies enable the website to recognise your device and store some information about your preferences or past actions. Different types of cookies may be used, including first-party cookies (set by the website you’re visiting) and third-party cookies (set by other domains). How Do We Use Cookies? We use cookies to distinguish you from other users of our website, helping us provide a better browsing experience and improve the functionality of our site. Cookies allow us to: Identify and authenticate users Personalise content and advertising Analyse site traffic and usage patterns Store user preferences and settings In addition to improving your browsing experience, we may use cookies to better understand how users interact with our website, which allows us to enhance our professional services. This may include ensuring the security and functionality of our client portal or legal resources provided on the site. Types of Cookies We Use: Essential Cookies: These are required for the operation of our website and enable you to use its features, such as accessing secure areas of the site (e.g., client portals). Analytical/Performance Cookies: These help us understand how visitors interact with our website by collecting and reporting information anonymously, enabling us to improve the user experience. Functionality Cookies: These allow us to remember your preferences and provide enhanced features. Targeting/Advertising Cookies: These cookies track your browsing habits to deliver relevant legal information or service offerings to you on other websites. Legal Basis for Using Cookies In compliance with the GDPR, we will only use non-essential cookies if you provide consent. You will be prompted to accept or reject cookies when you first visit our site. You can manage your cookie preferences via our cookie settings panel, which is accessible at any time. How to Manage and Disable Cookies You can manage or disable cookies by adjusting your browser settings. If you choose to block all cookies, some functionalities of the website may be restricted, including access to secure areas such as client portals. For more information about cookies and how to manage them, visit www.allaboutcookies.org. Your Rights (GDPR/CCPA) Under the GDPR, you have the right to access, correct, delete, or restrict the processing of your personal data collected via cookies. You also have the right to withdraw your consent to cookie usage at any time. Under the CCPA, California residents may opt-out of the sale of their personal data and request access to, or deletion of, personal data collected via cookies. If you have any concerns or requests about your data, please contact us at info@cacharles.com
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Privacy PolicyOur Commitment to Your Privacy CACHARLES + CO. is committed to ensuring that your privacy is protected. This Privacy Policy (“Privacy Policy”) sets out how CACHARLES + CO. uses and protects any information that you provide when you use this website. By using this website and providing us with your information, you agree to this Privacy Policy. When the term “you” is used below, we refer to “you” as an individual, and you along with your end-users if you are a business entity. Your Consent and Changes to the Privacy Policy We reserve the right, in our discretion, to change, modify, add or remove portions of this Privacy Policy at any time and from time to time, without prior notice to you. All revisions will be posted on this page. We urge you to review the Privacy Policy for changes. Your continued use of this website means that you accept any changes. Your Communications with Us CACHARLES + CO. may also collect information that you choose to provide in communications with us. Please do not send us confidential information until we have confirmed in writing that we represent or act for you or your company or organisation. Unsolicited emails from non-clients do not establish a lawyer-client relationship. They may not be privileged and, therefore, may be disclosed to others. CACHARLES + CO. may also collect information that you choose to provide in communications with us. Please do not send us confidential information until we have confirmed in writing that we represent or act for you or your company or organisation. Unsolicited emails from non-clients do not establish a lawyer-client relationship. They may not be privileged and, therefore, may be disclosed to others. What Information Do We Collect? We may collect the following personal data: Contact information: Your name, position, role, company or organisation, telephone number (including mobile phone number, if provided), as well as your email and postal address. Business information: Data identifying you in relation to matters on which you instruct us or in which you are involved. Information from public sources: e.g. LinkedIn and similar professional networks, directories, or internet publications. Information in connection with investigations or proceedings: This includes criminal record data, where necessary to conduct investigations or proceedings. Attendance records: To record your attendance at our offices for security purposes. Subscriptions/preferences: When you subscribe to receive legal briefings, updates, or newsletters, as well as consent preferences to help us identify which materials you are interested in receiving. Events data: Attendance at and provision of feedback forms in relation to our events. Supplier data: Contact details and other information about you or your company/organisation where you provide services to CACHARLES + CO. Social media: Posts, likes, tweets, and other interactions with our social media presence. Technical information: [When you access this website and our technology services] IP address, browser type and version, time zone setting, browser plug-in types, operating system, device type, hardware model, MAC address, unique identifiers, and mobile network information. Online data: [When you access this website and our technology services] information about your visit, including URL clickstream to, through, and from our website, network information (such as devices, nodes, configurations, connection speeds, and network application performance), pages viewed or searched for, and interaction information. How Do We Use the Information That You Provide to Us? We use your personal data for the following purposes: Service provision: Providing legal advice and services. Business relationship: Managing and administering our relationship with you, your company, or your organisation, including keeping records about business contacts, services, and payments. Communication: Sending emails, newsletters, and other messages to keep you informed of legal developments, market insights, and our services. Events: Running legal briefings, roundtables, and other events. Client surveys and feedback: Including events feedback, client listening exercises, and answering issues and concerns which may arise. Client legal compliance: Client due diligence (under anti-money laundering, sanctions screening, and other crime prevention and detection laws). Website monitoring: Checking the website and our other technology services are used appropriately. Site and online security: Protecting our information assets and technology platforms from unauthorized access or usage and monitoring for malware and security threats. Regulatory compliance: Complying with our legal and regulatory obligations, including auditing and reporting requirements. Our Reasons for Using Your Personal Data We process your personal data for the following reasons: Consent: You have given us consent to use your data for specific purposes. Legal or regulatory obligations: Complying with laws, such as anti-money laundering checks. Legitimate business interests: Pursuing our legitimate business interests, including providing legal services, improving our services, and managing our relationship with you. Your Rights Under GDPR As a data subject under the General Data Protection Regulation (GDPR), you have the following rights regarding your personal data: Right to Access: You have the right to request copies of your personal data. Right to Rectification: You have the right to request the correction of inaccurate or incomplete information. Right to Erasure: You have the right to request the deletion of your personal data under certain conditions. Right to Restrict Processing: You have the right to request the restriction of processing your personal data under certain conditions. Right to Data Portability: You have the right to request that we transfer your data to another organisation or directly to you. Right to Withdraw Consent: You may withdraw your consent at any time where processing is based on consent. Your Rights Under CCPA If you are a California resident, you have the following rights under the California Consumer Privacy Act (CCPA): Right to Know: You can request information on the categories of personal data we have collected and how it has been used. Right to Delete: You can request the deletion of your personal data. Right to Opt Out: You can opt out of the sale of your personal data. Right to Non-Discrimination: You will not be discriminated against for exercising your rights under the CCPA. Cross-Border Data Transfers Your personal data may be transferred to and processed in countries outside of your country of residence, including countries that may not provide the same level of data protection as your home country. We take necessary steps to ensure that your data is handled securely and in accordance with this Privacy Policy, relying on appropriate safeguards such as standard contractual clauses. Data Breach Notification In the event of a data breach that poses a risk to your rights and freedoms, we will notify you and the relevant authorities as required by law. With Whom Do We Share Your Data? We share your information with the following parties: Internal Use: CACHARLES + CO., including management, lawyers, staff, and contractors. Suppliers: IT and communication providers, marketing agencies, and outsourced business support. Other Law Firms: Local law firms, lawyers, expert witnesses, and arbitrators/mediators. Law Enforcement and Regulators: Compliance with legal obligations or good practice. Third Parties: In case of business reorganisation, acquisition, or emergencies to protect health and safety. Security We use physical, technical, and administrative security measures to protect your data. However, no transmission of data over the internet is completely secure, and we cannot guarantee the security of your personal information during transmission. How Long Do We Keep Your Data? We retain your personal data for as long as necessary to provide legal services and comply with legal obligations, including accounting or regulatory requirements. Children We do not knowingly collect personal data from children under 18 years of age. If you are under 18, please do not submit any personal data to us. If we inadvertently collect such information, we will delete it as quickly as possible. Complaints If you believe your data has not been handled in accordance with this Privacy Policy, you may contact us at info@cacharles.com. You also have the right to lodge a complaint with your local data protection authority.
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Third-Party Links DisclaimerThis website may include links to third-party websites or resources that are beyond the control of CACHARLES + CO. These links are provided for your convenience and information only. CACHARLES + CO. is not responsible for the content, accuracy, or security of any such third-party sites, nor do we endorse, warrant, or approve of any information, services, products, or materials available through such sites. By accessing any third-party websites linked on this site, you acknowledge and agree that: CACHARLES + CO. does not monitor, control, or make any representations about these third-party websites, including their compliance with data protection and privacy laws. CACHARLES + CO. assumes no responsibility for any losses or damages, including data breaches or misuse of your personal information, that may arise from your use of such third-party websites. It is your responsibility to review the privacy policies and terms of use of any third-party websites before providing any personal information or engaging with the services provided. You acknowledge that your linking to or use of third-party websites is at your own risk, and CACHARLES + CO. disclaims all liability for any damages, injuries, or claims arising from your use of such websites.
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Artificial IntelligenceAI and Automation Our website and services may utilize artificial intelligence (AI) and automated tools to enhance the user experience, including but not limited to, customer support, document processing, and providing information. While we aim for accuracy and reliability, AI-generated content may contain inaccuracies, and users should not solely rely on it for critical decisions. Users are encouraged to seek professional advice for legal or financial matters. Data Collection and AI Processing By using our website, you agree that certain data may be processed through AI technologies. This data may include, but is not limited to, browsing behaviour, inputs on forms, and interactions with automated systems. All data collected is handled in accordance with our [Privacy Policy](link to privacy policy) and applicable data protection laws, such as the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA). AI processing will not affect your rights under these regulations. AI-Generated Content Disclaimer Some of the information, advice, or recommendations provided on this website may be generated by AI. While we make reasonable efforts to ensure the accuracy of such content, we do not guarantee that all AI-generated content is complete, reliable, or up-to-date. AI-generated content should be considered as supplemental information and should not replace professional legal, financial, or other expert advice. User Responsibility and Use of AI You are responsible for how you use the AI-driven content and services provided by our website. CACHARLES + CO. is not responsible for decisions made based on AI-generated outputs. Users should verify critical information and seek human consultation where appropriate. Limitation of Liability CACHARLES + CO. is not liable for any damages, direct or indirect, arising from the use of AI-powered features on this website. This includes but is not limited to, damages resulting from the accuracy or inaccuracy of AI-generated content, delays in service, or any errors in automated processes. Changes to AI Features We reserve the right to update, modify, or discontinue AI-powered features and services at any time without notice. These changes may impact how the website functions, and we do not assume liability for any disruptions this may cause.
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DisclaimerDisclaimer of Warranties The materials provided on this website are provided "as is" and without warranty of any kind, express or implied. CACHARLES + CO. disclaims all express and implied warranties with regard to the information and materials contained on this site, including without limitation implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Limitation of Liability In no event shall CACHARLES + CO., its partners, associates, or employees be liable for any direct, indirect, incidental, special, or consequential damages, or damages for loss of profits, revenue, data or use, incurred by you or any third party, whether in an action in contract or tort, arising from your access to, or use of, this site or any other hyperlinked website.
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Limitation of LiabilityIn no event shall CACHARLES + CO., its affiliates, or contributors to this Site be liable for any loss, injury, or damages, whether direct, special, indirect, punitive, incidental, exemplary, consequential, or otherwise, whether based on breach of contract, tort (including negligence), product liability, or otherwise, arising from your access or use of this Site. By using this Site, you waive any and all claims against CACHARLES + CO., its affiliates, and contributors to the fullest extent permitted by law. You agree that these limitations are fundamental elements of this agreement, and acknowledge that the Site and its materials would not be provided to you without such limitations. Some jurisdictions may not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
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Use of Site + IndemnificationYou agree that you will not use this Site for any unlawful purpose, or for any purpose prohibited by these Terms of Use. This includes, but is not limited to, unauthorised access to the site’s systems, infringement of intellectual property rights, or dissemination of harmful content. You agree to indemnify, defend, and hold harmless CACHARLES + CO., its affiliates, and contributors from any liability, loss, claim, and expense (including attorneys’ fees) related to: Your violation of these Terms of Use, Your use of the Site, Your posting of materials on this Site. This indemnification extends to all claims arising from your actions or omissions that result in damages to third parties or violations of applicable laws.
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Governing Law + JurisdictionThese Terms of Use shall be governed by and construed in accordance with the laws of Barbados.
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Non-WaiverCACHARLES + CO.'s failure to insist upon strict enforcement of any provision of this agreement shall not be construed as a waiver of any provision or right.
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Anti-bribery and Anti-corruption PolicyCACHARLES + CO. has a strict anti-bribery and corruption policy. We will not directly or indirectly engage in bribery or corruption in any form and have a zero-tolerance approach to breaches, whether involving private individuals or public officials. We will never accept, solicit, agree to receive, promise, offer, or give a bribe, facilitation payment, kickback, or other improper payment. Definitions: Bribe: Any financial or other advantage offered, promised, or given to induce or reward improper performance. Facilitation Payment: A small payment made to a public official to expedite a routine governmental action. Kickback: A payment made to someone for facilitating a transaction, often involving illegal or unethical activities. Reporting Breaches: Any employee or partner who suspects a breach of this policy must report it immediately to Charlene A. Charles. All reports will be treated confidentially. Consequences of Breach: Violations of this policy may result in disciplinary action, including termination of employment or contractual relationships, and may be reported to the relevant authorities.
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Anti-money Laundering PolicyCACHARLES + CO. actively seeks to prevent our services from being used for money laundering purposes. We identify and assess the money laundering risks associated with the business we conduct. This includes a thorough risk assessment process based on client profiles, transaction types, and geographical considerations. We verify the identity of all our clients as part of our due diligence process and maintain comprehensive records of these verifications. Furthermore, we report any suspicion of money laundering when we have reasonable grounds to do so, in accordance with applicable laws and regulations. Definitions: Money Laundering: The process of concealing the origins of illegally obtained money, typically by passing it through a complex sequence of banking transfers or commercial transactions. Reporting Suspicious Activities: Any employee or partner who suspects money laundering activities must report their concerns immediately to Charlene A. Charles. All reports will be handled confidentially and in accordance with legal obligations.
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Domain Spoofing and Scam CommunicationsFraudsters can set up website domain names that are confusingly similar to real domains to try to fool clients into thinking they are corresponding with a genuine email address. CACHARLES + CO. takes the security of its clients’ data seriously, and our systems are set up to hold your data securely in line with physical, technical, and administrative security measures. However, the transmission of information via the internet is not completely secure. Although we will take reasonable measures to protect your personal information, we cannot guarantee the security of your information transmitted, and any transmission is at your own risk. We therefore recommend the following precautions when corresponding with CACHARLES + CO., particularly when being asked for confidential or personal information, or when dealing with any payment requests: Always verify the sending address and ensure it says info@cacharles.com in both the address and the headers of the email. Ensure that any matter number or reference quoted corresponds with what is expected or has been known/verified in the past. Check the full invoice calculation to ensure accuracy of charges, as figures in these fake invoices are often miscalculated. Confirm that logos/branding are consistent with previous correspondence. Check to ensure that the bank details are correct. Any changes to our bank details would always be officially communicated to you rather than simply changed on an invoice. Be alert to any change in the style or tone of an email. If it seems out of character or inconsistent with the style or language of prior emails, this may indicate that the sender is someone other than the person you are accustomed to dealing with. If unsure, always call CACHARLES + CO. (at a known/confirmed number) for verification/assistance. Don’t simply use unvalidated phone numbers provided on the invoice, as those often ring to fraudulent phone systems where they’ll falsely validate bad account information. If you suspect that you have received fraudulent correspondence related to CACHARLES + CO., please notify us via email at info@cacharles.com.
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TerminationCACHARLES + CO. reserves the right to terminate or suspend your access to the Site and its services at any time, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms of Use. Upon termination, your right to use the Site will cease immediately. All provisions of these Terms of Use that by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
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Dispute ResolutionAny dispute arising out of or relating to these Terms of Use, your use of the Site, or any services provided by CACHARLES + CO. shall be resolved through good-faith negotiation between the parties. If a resolution cannot be reached through negotiation within 30 days of the dispute arising, either party may refer the dispute to mediation in accordance with the rules of the Barbados Arbitration and Mediation Centre (BAMC). If the dispute remains unresolved after mediation, it shall be settled by binding arbitration in accordance with the rules of the BAMC, and the arbitration shall take place in Barbados. The decision of the arbitrator shall be final and binding on both parties, and the parties shall bear their own costs of arbitration.
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SeverabilityIf any provision of these Terms of Use is found to be unenforceable or invalid by a court of competent jurisdiction, such provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions of these Terms of Use shall remain in full force and effect. The validity and enforceability of the remaining provisions shall not be affected, and each of the remaining provisions shall be enforced to the fullest extent permitted by law.
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Change of TermsCACHARLES + CO. reserves the right to modify or update these Terms of Use at any time and at our sole discretion. Any changes will be effective immediately upon posting the revised Terms on this website. We will notify users of significant changes by posting a notice on the homepage of the website or by sending an email to the address associated with your account, if applicable. Your continued use of the website following the posting of changes constitutes your acceptance of such changes. We encourage you to review these Terms of Use periodically to stay informed about our terms and conditions.
Effective January 1, 2025
Welcome to www.cacharles.com (the "Site"). This Site is operated by CACHARLES + CO. ("CACHARLES + CO.").
Please read these Terms of Use and Legal Notices carefully before using this Site. By using the Site, you agree to be bound by these Terms of Use. CACHARLES + CO. reserves the right to modify these Terms of Use and Legal Notices at any time by posting modified Terms of Use and Legal Notices, and your continued use of the Site thereafter will constitute agreement with such modifications.
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