1. What Does This Notice Cover?
This Privacy Information explains how we use your personal data: how it is collected, how it is held, and how it is processed. It also explains your rights under the law relating to your personal data.
2. What Is Personal Data?
Personal data is defined by the General Data Protection Regulation (EU Regulation 2016/679) (the “GDPR”) and the Data Protection Act 2018 (collectively, “the Data Protection Legislation”) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’.
Personal data is, in simpler terms, any information about you that enables you to be identified. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.
3. What Are My Rights?
Under the Data Protection Legislation, you have the following rights, which we will always work to uphold:
a) The right to be informed about our collection and use of your personal data. This Privacy Notice should tell you everything you need to know, but you can always contact us to find out more or to ask any questions.
b) The right to access the personal data we hold about you.
c) The right to have your personal data rectified if any of your personal data held by us is inaccurate or incomplete.
d) The right to be forgotten, i.e. the right to ask us to delete or otherwise dispose of any of your personal data that we hold. The right to restrict (i.e. prevent) the processing of your personal data.
e) The right to object to us using your personal data for a particular purpose or purposes.
f) The right to withdraw consent. This means that, if we are relying on your consent as the legal basis for using your personal data, you are free to withdraw that consent at any time.
g) The right to data portability. This means that, if you have provided personal data to us directly and we are using it with your consent or for the performance of a contract, and that data is processed using automated means, you can ask us for a copy of that personal data to re-use with another service or business in many cases.
h) Rights relating to automated decision-making and profiling. We do not use your personal data in this way.
Further information about your rights can also be obtained from the Information Commissioner’s Office or your local Citizens Advice Bureau.
If you have any cause for complaint about our use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office. However, we would welcome the opportunity to resolve your concerns ourselves, so please contact our Data Protection officer whose name and contact details appears at the end of this notice in the first instance and we will do our very best to resolve the matter with you.
4. What Personal Data Do You Collect and How?
Depending upon your use of our services, we may collect and hold some or all of the personal and non-personal data set out below:
- Identity Information including but not limited to the following; name, title, date of birth, gender etc.
- Contact information including but not limited to the following; address, email address, telephone number.
- Business information including but not limited to the following; business name, job title, profession.
- Payment information including but not limited to the following; card details, bank account numbers.
- Technical information including but not limited to the following; IP address, browser type and version and your operating system.
- Details of your legal matter, including but not limited to the following; the history, circumstances, facts, and the persons involved in and related to your matter to the extent that we need this information to progress your matter acting in your best interests as your legal representatives.
5. How Do You Use My Personal Data?
Under the Data Protection Legislation, our practice must always have a lawful basis for using personal data. Our Lawful basis for using your personal data is that, you have made an enquiry about our legal services, asked for a quote, or we have been instructed by you to act as your solicitors in order to carry out your client instructions, the specific details of which are communicated to you in writing and stored in your client file. Depending on the circumstances of your instructions, and how and why we are processing your data, this will usually fall under the lawful bases of “Contract” although there are circumstances where it could fall under the lawful bases of “Consent”, “Legal Obligation” and even more rarely, “Vital Interests”. If the lawful base is other than the lawful base of Contract, you will be told about this in writing.
With your permission and/or where permitted by law, our practice may also use your personal data for marketing purposes, which may include contacting you by email and/or telephone and/or text message and/or post with information, news, and offers on our products and or services. You will not be sent any unlawful marketing or spam. Our practice will always work to fully protect your rights and comply with our obligations under the Data Protection Legislation and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and you will always have the opportunity to opt-out.
We will only use your personal data for the purpose(s) for which it was originally collected unless we reasonably believe that another purpose is compatible with that or those original purpose(s) and need to use your personal data for that purpose. If we do use your personal data in this way and you wish us to explain how the new purpose is compatible with the original, please contact us using the details in Part 12.
If we need to use your personal data for a purpose that is unrelated to, or incompatible with, the purpose(s) for which it was originally collected, we will inform you and explain the legal basis which allows us to do so.
In some circumstances, where permitted or required by law, we may process your personal data without your knowledge or consent. This will only be done within the bounds of the Data Protection Legislation and your legal rights.
6. How Long Will You Keep My Personal Data? (Data Retention)
We will not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected. Depending on the nature of your matter, your personal data will usually be kept for a period of no longer than 6 years after your matter has concluded. The exact period for which your matter will be kept and the information on storage and retrieval will be given to you in a closing letter at the conclusion of your matter.
7. How and Where Do You Store or Transfer My Personal Data?
We will usually only store or transfer your personal data within the UK. This means that it will be fully protected under the Data Protection Legislation. Where it is necessary to store or transfer your data within the European Economic Area, your personal data will also be fully protected under the Data Protection Legislation.
Where it is necessary for us to store or transfer your data in countries who may not have data protection laws that are as strong as those in the UK and/or the EEA, we will take additional steps in order to ensure that your personal data is treated just as safely and securely as it would be within the UK under the Data Protection Legislation.
The security of your personal data is essential to us, and to protect your data, we take a number of important measures, including the following:
- limiting access to your personal data to those employees, agents, contractors, and other third parties with a legitimate need to know and ensuring that they are subject to duties of confidentiality;
- procedures for dealing with data breaches (the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, your personal data) including notifying you and/or the Information Commissioner’s Office where we are legally required to do so.
8. Do You Share My Personal Data?
Our practice will not share any of your personal data with any third parties for any purposes, subject to the following exceptions:
In some limited circumstances, our practice may be legally required to share certain personal data, which might include yours, if we are involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.
In circumstances where we need to instruct Barristers, experts or other third parties in order to progress you case in your best interests.
In circumstances where we need to use approved outsourced providers to carry out work on your file such as cost draftsman services, Forensic scientists, Medical personnel, billing services etc., these will be found in our list of approved outsourced providers and we will have taken appropriate precautions to ensure that your personal data will be protected.
9. How Can I Access My Personal Data?
If you want to know what personal data we have about you, you can ask for details of that personal data and for a copy of it (where any such personal data is held). This is known as a “subject access request”.
All subject access requests should be made in writing and sent to the Data Protection Officer whose name and contact details appear at the end of this notice. To make this as easy as possible for you, a Subject Access Request Form is available for you to use. You do not have to use this form, but it is the easiest way to tell us everything we need to know to respond to your request as quickly as possible.
There is not normally any charge for a subject access request. If your request is ‘manifestly unfounded or excessive’ (for example, if you make repetitive requests) a fee may be charged to cover our administrative costs in responding.
We will respond to your subject access request as soon as reasonably possible and, in any case, not more than one month after receiving it. Normally, we aim to provide a complete response, including a copy of your personal data within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three months from the date we receive your request. You will be kept fully informed of our progress.
10. How Do I Contact You?
To contact us about anything to do with your personal data and data protection, including to make a subject access request, please use the following details:
Data Protection Officer Elizabeth Neary.
Email Address: Elizabeth@eaneary.com
Telephone number:01932 875626.
Postal address: 119a Guildford Street, Chertsey, Surrey KT16 9AL