2. WHAT DATA DO WE COLLECT ABOUT YOU, FOR WHAT PURPOSE AND ON WHAT GROUND WE PROCESS IT
Personal data means any information about an individual capable of identifying an individual. It does not include data where the identity has been removed (anonymised data). We may collect, use, store and transfer personal data about you which will be information which you have provided to us.
CLIENT FILE DATA
When you instruct us to act on your behalf and to provide legal services to you we will need to collect information from you to enable us to deal with your legal matter. We will collect and store basic information on your individual client file such as your name, title, correspondence and billing address, email address, phone numbers, and general contact details and preferences, your National Insurance Number, and your date of birth. We will also need to collect other information as necessary and relevant to the particular service being provided to you. For example if we are preparing a will for you we will need to collect the names and addresses of friends or relatives or other persons to be named as beneficiaries or executors, or information concerning your assets and liabilities; if we are preparing a Lasting Power of Attorney we will need to collect information concerning the person(s) you wish to appoint as your attorney (s) and any persons whom you wish to be notified in the event of the registration of any Power of Attorney; if we are dealing with a conveyancing transaction we will collect information concerning the purchase/sale price and address of a property to be bought, sold, mortgaged or transferred. We process this data to supply legal services to you in accordance with instructions received from you and also to update and enhance our records relating to you on our systems and for legal and regulatory compliance. Our lawful ground for this is that processing is required for the proper performance of the instructions which you have given to us to act for you in a particular matter i.e. a contract between you and us to provide legal services to you and/or taking steps at your request to enter into such a contract.
CLIENT CONTACT DATA This is the data we use to contact you including your correspondence or billing address, email address or telephone number. We may use Client Contact Data either to contact you in the course of providing legal services to you or to notify you of any promotional offers which we may make available to established clients. Our lawful ground for this processing is legitimate interests (namely to grow our business), but you may opt out of future communications at any time.
CLIENT IDENTITY VERIFICATION DOCUMENTATION To comply with the Money Laundering Regulations we will need to examine and maintain copies of documentation to verifying the identity or our clients’ and providing proof of residence. Typically this will include a copy of your Passport or Photo-Card Driving Licence and utility bills or bank statements sent to you by post within the last 3 months. Our lawful ground for this processing this data is to comply with our legal obligations and to assist in the detection/prevention of fraud or other harmful acts.
COMMUNICATION DATA Communication Data includes any communication that you send to us whether that be through the contact form on our website, through email, text, or any other communication that you send us. (We do not currently use social media messaging or social media posting.) We process this data for the purposes of communicating with you, to enable us to provide legal services to you, for record keeping and for the establishment, pursuance or defence of legal claims. Our lawful ground for this processing is our legitimate interests which in this case are to reply to communications sent to us, to keep records and to establish, pursue or defend legal claims.
SENSITIVE DATA Sensitive data refers to data that includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health genetic and biometric data. We do not collect any information about criminal convictions and offences. Generally we do not collect Sensitive Data about our clients except where recording information which will help us to provide a better service, for example, a note that you and your spouse are Mr X and Mr Y, not Mr and Mrs X, or that you prefer not to use the telephone late on a Friday afternoon for religious reasons. The exception being that if we are preparing a Will or Power of Attorney for a client it may be appropriate to obtain the opinion of a client’s GP or another medical practitioner regarding the client’s capacity to make a valid Will or Power of Attorney. When this is appropriate we shall of course obtain your consent before making any approach to your GP or other medical practitioner. Our lawful ground for this processing is the performance of a contract between you and us to provide legal services to you. Where we are required to collect personal data by law, or under the terms of the contract between us and you do not provide us with that data when requested, we may not be able to perform the contract (for example, to provide legal services to you in connection with a house sale or purchase). If you don’t provide us with the requested data, we may have to cancel our retainer and withdraw form providing legal services to you but if we do, we will notify you at the time. We will only use your personal data for a purpose it was collected for or a reasonably compatible purpose if necessary. For more information on this, please email us at email@example.com.
In case we need to use your details for an unrelated new purpose we will let you know and explain the legal grounds for processing. We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances: where we need to perform the contract we are about to enter into or have entered into with you to provide you with legal services; where it is necessary for either your legitimate interests or for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests; where we need to comply with a legal or regulatory obligation. We may process your personal data without your knowledge or consent where this is required or permitted by law. We do not carry out automated decision-making or any type of automated profiling
3. MARKETING COMMUNICATIONS Our lawful ground of processing your personal data to send you marketing communications is our legitimate interests (namely to grow our business). Under the Privacy and Electronic Communications Regulations, we may send you marketing communications from us if (i) you have previously been a client of the firm or have asked for information from us about our legal services (ii) you agreed to receive marketing communications and in each case you have not opted out of receiving such communications since. We will not share your personal data with any third party for their own marketing purposes. You can ask us to stop sending you marketing messages at any time by emailing us at firstname.lastname@example.org at any time. If you opt out of receiving marketing communications this opt-out does not apply to personal data provided as a result of other transactions, such as matters arising out of the legal services which you have asked instructed us to provide to you
4. DISCLOSURES OF YOUR PERSONAL DATA We may have to share some of your personal data with the parties set out below: · Other firms of solicitors or Licensed Conveyancers for the purpose of progressing your transaction (i.e. communicating with the conveyancer acting for your seller/your buyer/your lender so that we may progress your transaction) · Estate Agents involved in your sale or purchase transaction for the purpose of progressing your transaction · Banks, Building Societies or other mortgage providers so that we can act for you in connection with either the repayment of a mortgage, or the creation of a new mortgage or porting of an existing mortgage · Government bodies that require us to report processing activities. · Government departments such as HMRC to whom we may need to submit tax returns · HM Land Registry · Court of Protection, Office of the Public Guardian, Probate Registry as required to enable us fulfill our Contract to provide legal services to you by registering or making other applications in respect of Lasting Powers of Attorney , or in connection with Deputyship, or applications in connection with a Grant of Probate/ Grant of Letters of Administration to a deceased’s estate · Service providers who provide IT and system administration services. · Professional advisers including lawyers, bankers, auditors and insurers · Debt collection agencies · Third parties to whom we sell, transfer, or merge parts of our business or our assets (although we have no current plans for any restructuring). We require all third parties to whom we transfer your data to respect the security of your personal data and to treat it in accordance with the law. We only allow such third parties to process your personal data for specified purposes and in accordance with our instructions.
5. INTERNATIONAL DATA TRANSFERS Countries outside of the European Economic Area (EEA) do not always offer the same levels of protection to your personal data, so European law has prohibited transfers of personal data outside of the EEA unless the transfer meets certain criteria.
6. DATA RETENTION We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements and to comply with our legal obligations and obligations to our insurers. When deciding what the correct time is to keep the data for we look at its amount, nature and sensitivity, potential risk of harm from unauthorised use or disclosure, the processing purposes, if these can be achieved by other means and legal requirements. For tax purposes the law requires us to keep basic information about our clients (including Contact, Identity, Financial and Transaction Data) for six years after they stop being clients. If you no longer wish us to use your information to provide legal services to you, you can ask us erase your personal information after the applicable minimum time. Please note that if you request the erasure of your personal information we may retain some of your personal information as necessary for our legitimate business interests, such as fraud detection and prevention and enhancing safety. In some circumstances we may anonymise your personal data for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
7. YOUR LEGAL RIGHTS Under data protection laws individuals are given rights in relation to their personal data that include the right to request access, correction, erasure, restriction, transfer, to object to processing, to portability of data and (where the lawful ground of processing is consent) to withdraw consent. You can see more about these rights at: https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights. In relation to solicitors there are exceptions to some of these rights. If you wish to exercise any of the rights set out above, please email us at email@example.com. You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive or refuse to comply with your request in these circumstances. We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response. We shall respond to all legitimate as soon as reasonably practicable. If you are not happy with any aspect of how we collect and use your data, you have the right to complain to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We should be grateful if you would contact us first if you do have a complaint so that we can try to resolve it for you.
8. THIRD-PARTY LINKS ON OUR WEBSITE Our website may from time to time include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
9. COOKIES We do not have cookies on our website