Privacy

Please read this privacy policy carefully as it contains important information on who we are and how and why we collect, store, use and share your personal data. It also explains your rights in relation to your personal data and how to contact us or supervisory authorities in the event you have a complaint.

When we use your personal data we are regulated under the General Data Protection Regulation (GDPR) which applies across the European Union (including in the United Kingdom) and we are responsible as ‘controller’ of that personal data for the purposes of the GDPR. Our use of your personal data is subject to your instructions, the GDPR, other relevant UK and EU legislation and our professional duty of confidentiality.

What is Personal Data?

Personal data is any information relating to an identified or identifiable individual.

Special category personal data is Personal data revealing racial or ethnic origin, political opinions, religious beliefs, philosophical beliefs or trade union membership, Genetic and biometric data, Data concerning health, sex life or sexual orientation.

What personal data do we collect in the course of advising and/or acting for you

Personal data we will collect:

• Your name, address and telephone number
• Information to enable us to check and verify your identity, e.g. your date of birth or passport details
• Electronic contact details, e.g. your email address and mobile phone number
• Information relating to the matter in which you are seeking our advice or representation
• Information to enable us to undertake a credit or other financial checks on you
• Your financial details so far as relevant to your instructions, e.g. the source of your funds if you are instructing on a purchase transaction

Personal data we may collect depending on why you have instructed us:

• Your National Insurance and tax details
• Your bank and/or building society details
• Details of your professional online presence, e.g. LinkedIn profile
• Details of your spouse/partner and dependants or other family members, e.g. if you instruct us on a family matter or a will
• Your employment status and details including salary and benefits, e.g. if you instruct us on matter related to your employment or in which your employment status or income is relevant
• Details of your pension arrangements, e.g. if you instruct us on a pension matter or in relation to financial arrangements following breakdown of a relationship
• Your employment records including, where relevant, records relating to sickness and attendance, performance, disciplinary, conduct and grievances (including relevant special category personal data), e.g. if you instruct us on matter related to your employment or in which your employment records are relevant
• Your racial or ethnic origin, gender and sexual orientation, religious or similar beliefs, e.g. if you instruct us on discrimination claim
• Your trade union membership, e.g. if you instruct us on discrimination claim or your matter is funded by a trade union
• Personal identifying information, such as your eye colour or your parents’ names, e.g. if you instruct us to incorporate a company for you
• Your medical records

This personal data is required to enable us to provide our service to you. If you do not provide personal data we ask for, it may delay or prevent us from providing services to you.

How we collect your personal data

We collect most of this information from you. However, we may also collect information:

• from publicly accessible sources, e.g. Companies House or HM Land Registry;
• directly from a third party
• from a third party with your consent, e.g.:
  • your bank or building society, another financial institution or advisor;
  • consultants and other professionals we may engage in relation to your matter;
  • your employer and/or trade union, professional body or pension administrators; your doctors, medical and occupational health professionals;
• via our website i.e. our online enquiry form
• via our information technology (IT) systems, e.g.:
  • case management, document management and time recording systems;
  • reception logs;
  • automated monitoring of our websites and other technical systems, such as our computer networks and connections, communications systems, email and instant messaging systems;

How and why we use your personal data

Under data protection law, we can only use your personal data if we have a proper reason for doing so, e.g.:

• to comply with our legal and regulatory obligations;
• for the performance of our contract with you or to take steps at your request before entering into a contract;
• for our legitimate interests or those of a third party; or
• where you have given consent.
• A legitimate interest is when we have a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests.

The table below explains what we use (process) your personal data for and our reasons for doing so:

What we use your personal data for	Our reasons
To provide legal services to you	For the performance of our contract with you or to take steps at your request before entering into a contract
Conducting checks to identify our clients and verify their identity Screening for financial and other sanctions or embargoes Other processing necessary to comply with professional, legal and regulatory obligations that apply to our business, e.g. under health and safety regulation or rules issued by our professional regulator	To comply with our legal and regulatory obligations
Gathering and providing information required by or relating to audits, enquiries or investigations by regulatory bodies	To comply with our legal and regulatory obligations
Ensuring business policies are adhered to, e.g. policies covering security and internet use	For our legitimate interests or those of a third party, i.e. to make sure we are following our own internal procedures so we can deliver the best service to you
Operational reasons, such as improving efficiency, training and quality control	For our legitimate interests or those of a third party, i.e. to be as efficient as we can so we can deliver the best service for you at the best price
Ensuring the confidentiality of commercially sensitive information	For our legitimate interests or those of a third party, i.e. to protect our intellectual property and other commercially valuable information   To comply with our legal and regulatory obligations
Statistical analysis to help us manage our practice, e.g. in relation to our financial performance, client base, work type or other efficiency measures	For our legitimate interests or those of a third party, i.e. to be as efficient as we can so we can deliver the best service for you at the best price
Preventing unauthorised access and modifications to systems	For our legitimate interests or those of a third party, i.e. to prevent and detect criminal activity that could be damaging for us and for you To comply with our legal and regulatory obligations
Updating client records	For the performance of our contract with you or to take steps at your request before entering into a contract To comply with our legal and regulatory obligations For our legitimate interests or those of a third party, e.g. making sure that we can keep in touch with our clients about existing and new services
Statutory returns	To comply with our legal and regulatory obligations
Ensuring safe working practices, staff administration and assessments	To comply with our legal and regulatory obligations For our legitimate interests or those of a third party, e.g. to make sure we are following our own internal procedures and working efficiently so we can deliver the best service to you
External audits and quality checks, e.g. for Lexcel, ISO or Investors in People accreditation and the audit of our accounts	For our legitimate interests To comply with our legal and regulatory obligations

 

The above table does not apply to special category personal data, which we will only process with your explicit consent.

Who we share your personal data with

We routinely share personal data with:

• professional advisers who we instruct on your behalf or refer you to, e.g. barristers, medical professionals, estate agents, accountants, tax advisors or other experts;
• other third parties where necessary to carry out your instructions, e.g. your mortgage provider or HM Land Registry in the case of a property transaction or Companies House;
• credit reference agencies;
• our insurers and brokers;
• external auditors;
• our bank;
• external service suppliers, representatives and agents that we use to make our business more efficient

We only allow our service providers to handle your personal data if we are satisfied they take appropriate measures to protect your personal data. We also impose contractual obligations on service providers relating to ensure they can only use your personal data to provide services to us and to you.

We may disclose and exchange information with law enforcement agencies and regulatory bodies to comply with our legal and regulatory obligations.

We may also need to share some personal data with other parties, such as potential buyers of some or all of our business or during a re-structuring. Usually, information will be anonymised but this may not always be possible. The recipient of the information will be bound by confidentiality obligations.

Website and Cookies

A cookie is a small piece of information that is placed on your computer, and is used to differentiate you from other users accessing our site. Cookies remain valid across visits, and can be helpful in avoiding the need for you to enter the same information on each visit to our site.

We may use analytics programmes (for example Google Analytics) to log and analyse the information collected by cookies. This information, together with similar information from other users, helps us to:

• Compile anonymous statistics around how our site is used to help improve our service (including for example information on the type of web browser that you are using, the operating system that your computer uses, and (where applicable) the link that you followed to get to our site);
• Speed up your searches; and
• Recognise you when you return to our site.

This may involve sending your data between different countries, including countries outside the European Economic Area.

For more information about cookies, please visit www.allaboutcookies.org or refer to the documentation provided with your web browser software.

You can set your browser not to accept cookies and www.allaboutcookies.org tells you how to remove cookies from your browser. However please note that certain features of our site require cookies in order to function.

By submitting your personal information on our website you consent to the use of that information as set out in this policy.

Our website may contain links to other websites. This Privacy policy applies only to this website so when you access links to other websites you should read their own privacy policies.

We will use all reasonable efforts to safeguard your personal information. However, you should be aware that the use of the Internet is not entirely secure and for this reason we cannot guarantee the security or integrity of any personal information which is transferred from you or to you via the Internet.

Where your personal data is held

Information may be held at our offices, third party agencies, service providers, representatives and agents as described above (see ‘Who we share your personal data with’).

Some of these third parties may be based outside the European Economic Area. For more information, including on how we safeguard your personal data when this occurs, see below: ‘Transferring your personal data out of the EEA’.

How long your personal data will be kept

We will keep your personal data after we have finished advising or acting for you. We will do so for one of these reasons:

• to respond to any questions, complaints or claims made by you or on your behalf;
• to show that we treated you fairly;
• to keep records required by law.

We will not retain your data for longer than necessary for the purposes set out in this policy. Different retention periods apply for different types of data. When it is no longer necessary to retain your personal data, we will delete or anonymise it.

Transferring your personal data out of the EEA

To deliver services to you, it is sometimes necessary for us to share your personal data outside the European Economic Area (EEA), e.g.:

• with your and our service providers located outside the EEA;
• if you are based outside the EEA;
• where there is an international dimension to the matter in which we are advising you.

These transfers are subject to special rules under European and UK data protection law.

If you would like further information please contact us (see ‘How to contact us’ below).

Your rights

You have the following rights, which you can exercise free of charge:

Access	The right to be provided with a copy of your personal data
Rectification	The right to require us to correct any mistakes in your personal data
To be forgotten	The right to require us to delete your personal data (N.B. Only in certain situations see ‘How long your personal data will be kept’)
Restriction of processing	The right to require us to restrict processing of your personal data—in certain circumstances, e.g. if you contest the accuracy of the data
Data portability	The right to receive the personal data you provided to us, in a structured, commonly used and machine-readable format and/or transmit that data to a third party—in certain situations
To object	The right to object: —at any time to your personal data being processed for direct marketing (including profiling); —in certain other situations to our continued processing of your personal data, e.g. processing carried out for the purpose of our legitimate interests.
Not to be subject to automated individual decision-making	The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you

 

For further information on each of those rights, including the circumstances in which they apply, please contact us or see the Guidance from the UK Information Commissioner’s Office (ICO) on individuals’ rights under the General Data Protection Regulation.

If you would like to exercise any of those rights, please:

• complete a data subject request form
• email, call or write to, our Data Protection Officer,—see below: ‘How to contact us’ to request a data subject request form; and
• let us have enough information to identify you (e.g. your full name, address and client or matter reference number);
• let us have proof of your identity and address (we will need to see the original of your driving licence or passport and a recent utility or credit card bill); and
• let us know what right you want to exercise and the information to which your request relates.

Keeping your personal data secure

We have appropriate security measures to prevent personal data from being accidentally lost, or used or accessed unlawfully. We limit access to your personal data to those who have a genuine business need to access it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

How to complain

We hope that our Data Protection Officer can resolve any query or concern you may raise about our use of your information.

The General Data Protection Regulation also gives you right to lodge a complaint with a supervisory authority, in particular in the European Union (or European Economic Area) state where you work, normally live or where any alleged infringement of data protection laws occurred. The supervisory authority in the UK is the Information Commissioner who may be contacted at https://ico.org.uk/concerns

How to contact us

Please contact our Data Protection Officer by post, email or telephone if you have any questions about this privacy policy or the information we hold about you.

Data Protection Officer's contact details:

Christopher Borrowdale

Grainger Appleyard

26-27 Hall Gate

Doncaster

DN1 3NL

 

01302 327 257

c.borrowdale@graingerappleyard.com