Whitehead Vizard Solicitors LLP – Privacy Statement

Contents

  1. Introduction
  2. Key terms
  3. Personal data in relation to interaction to our website
    1. How we collect your data
    2. Where your data is stored
    3. How and why we use your data
  4. Personal Data
    1. Personal Data we collect about you
    2. How your Personal Data is stored
    3. How and why we use your Personal Data
    4. Marketing communications
    5. Who we share your Personal Data with
    6. Where your Personal Data is held
    7. How long your Personal Data will be kept
    8. Transferring your Personal Data out of the EEA
  5. Your Rights
  6. Keeping your Personal Data Secure
  7. How to Complain
  8. Changes to the Privacy Statement
  9. How to Contact us
  1. Introduction 

Whitehead Vizard Solicitors LLP take your privacy very seriously. Please read this privacy policy carefully as it contains personal information on who we are and how 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.

Our use of your Personal Data is subject to your instructions, Data Protection Act 1998 (DPA) the EU General Data Protection Regulation (GDPR), other relevant UK and EU legislation and our professional duty of confidentiality.

Whitehead Vizard Solicitors LLP is registered as a data controller with the Information Commissioner’s Office. We will always comply with the DPA and GDPR when dealing with your Personal Data.  Further details on DPA and GDPR can be found at the website for the Information Commissioner.

This document covers Personal Data processed during the course of visits to our website by clients, contacts and other third parties but also during the course of a matter with a client.

2.  Key Terms

 

We, us, our                                : Whitehead Vizard Solicitors LLP

Personal Data                            : Any information relating to an identified or identifiable individual

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

3. Personal Data in Relation to Interaction with Our Website 

3.1 How do we collect your Data?

a) We collect Personal Data from visitors to the website:

Through the use of on-line forms, email hyperlinks and the Contact Us page.

When you contact us with an email enquiry.

The types of personal data we collect are name, address, email, telephone number, associated company (if relevant) and any other personal data you include.

b) Where your Data is stored

ALB is our client operational management tool and collects and stores your personal data. In this instance Whitehead Vizard LLP is the data processor and controller.

c) How and why we use your Personal Data

We have a legitimate interest in processing your Data for certain reasons:

Providing information about services.

Providing and personalising our services.

Dealing with your enquiries on request.

We may from time to time seek your consent by way of the on-line forms on the website to be able to use your personal data to send marketing materials to you. This may be in relation to newsletters or events.  You can update your preferences as to what information you receive at any time, by contacting us by email at cp@whitehead-vizard.co.uk

You have the right to opt out of receiving any marketing materials at any time by contacting us at the above email address. 

  1. Personal Data Processed in Relation to our Clients

            4.1        Personal Data we collect about you           

The table below sets out Personal Data we will or may collect in the course of advising

and/or acting for you.       

Personal Data we will collect Personal Data we may collecting depending on why you have instructed us
Your name, address and telephone number If you are a business: Information provided by you about your business and other individuals, which may include some or all of the data below in connection with advice we provide to your business.

 

Information to enable us to check and verify your identity, for example proof of address or passport details.

 

If you are an individual: Your National Insurance and tax details. Your bank and building society details.
Electronic contact details, for example your email address and mobile phone number.

 

Details of your professional on-line presence.
Information relating to the matter in which you are seeking our advice and representation. Details of your spouse/partner and dependents or other family members, for example if you instructed us on a family matter or Will.
Your financial details so far as relevant to your instructions, for example the source of your funds if you are instructing on a purchase transaction. Your employment status and details including salary and benefits, for example if you instruct us on an employment law related matter.
  Your nationality and immigration status and information from related documents such as your passport or other identification.
  Details of your pension arrangements, for example if you instruct us on a pension matter or in relation to financial arrangements following a divorce or breakdown of a relationship.
  Your employment records including where relevant records relating to sickness and attendance, performance, disciplinary, conduct and grievances (including relevant category personal data, for example if you instruct us in relation to an employment law matter.
  Your racial or ethnic origin, gender or sexual orientation, religious or similar belief, if for example you instruct us on a discrimination claim.
  Trade Union membership, for example if you instruct us on a discrimination claim or the matter is funded by a trade union.
  Personal identifying information such as your hair or eye colour or your parents names, for example if you instruct us to incorporate a company for you.
  Medical records, for example if you have instructed us on a disability discrimination claim or they are relevant to other legal proceedings in which you are involved.

 

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

            4.2        How your Personal Data is collected

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

4.2.1 Publicly accessible sources, for example HM Land Registry or Companies House.

4.2.2 Directly from a third party.

4.2.3 From a third party with your consent, for example your building society bank, any other financial institutional advisor, consultants and other professionals we may engage in relation to a matter or your employer and/or trade union, professional body or pension administrator.

4.2.4 Via our own technology systems, for example:

  • Case management, document management, and time recording systems.
  • Through our own website.
  • Relevant websites and applications.
  • Automated monitoring of websites and other technical assistance, such as our computer networks and connections, CCTV, communication systems and email.

4.2.5 Via other processes we have in place, for example reception logs.

4.3 How and why we use your Personal Data

Under Data Protection Law we can only use your Personal Data if we have proper reason for doing so, for example:

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 of those of a third party. Or,

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 over-ridden by our own rights and interests.

The table below explains what we use your Personal Data for and the reasons for doing so.

What we use your Personal Data for Our reasonings for doing so
To provide legal advice and services for 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 embargos.

Other processing necessary to comply with professional, legal and regulatory obligations that apply to our business, for example on the health and safety regulation or rules issued by a 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.

We are in some circumstances under a legal duty to disclose information to the National Crime Agency (NCA) or other enforcement agencies. If we make this disclosure we will not usually be able to tell you about it or the reasons for the disclosure.

To comply with our legal and regulatory obligations.
Ensuring business policies are adhered to for example policies covering security and internet use. For our legitimate interest or those of the third party.
Operational reasons, such as improving efficiency, training and quality control. For our legitimate interest or those of a third party.
Ensuring the confidentiality of commercially sensitive information. For our legitimate interest or those of a third party.

To comply with our legal and regulatory obligations.

Analysis to help us manage our practice, for example in relation to our financial performance, client base, work type or other efficiency measures. For our legitimate interests or those of a third party.
Preventing unauthorized access and modifications to systems. For our legitimate interests or those of a third party.

To comply with our legal and regulatory obligations.

To keep our central records up to date including updating and enhancing client records and manage the Firm’s business. 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.

Statutory returns and deal with regulatory obligations. To comply with our legal and regulatory obligations.
Ensuring safe work practices, staff administration assessments. To comply with our legal and regulatory obligations.

For our legitimate interests or those of a third party.

Marketing to you similar services that we might think are of interest to you. Business clients: for our legitimate interests see below.

For individual clients we will seek consent.

External audits and quality checks, for example Solicitors Regulation Authority and the audit of our accounts. For our legitimate interests or those of a third party.

To comply with our legal and regulatory obligations.

 

In addition we will only undertake the following activities having received your specific consent:

  • To use your matter as part of a case study or article.
  • To use you as a reference.

4.4 Marketing Communications

We may use your personal data to send you updates (by email, text message, telephone and post) about legal developments that might be of interest to you and/or information about our services.

Business Clients

We have a legitimate interest in processing your personal data for marketing purposes.

(see above how and why we use your personal data). This means we do not usually need your consent to send you marketing communications.  However where consent is needed, we will ask for this consent separately and clearly.

Individual Clients

We will seek your consent in processing your personal data for marketing purposes. (see above how and why we use your Personal Data).

All Clients

We will always treat your personal data with the utmost respect and never sell or share it with other organizations for marketing purposes.

You have the right to opt out of receiving marketing materials at any time by:

  • Contacting us by email to unsubscribe or update your marketing preferences to cp@whitehead-vizard.co.uk
  • We may ask you to confirm or update your marketing preferences if you instruct us to provide further services in the future, or if there are changes in the law, regulation or the structure of our business.

4.5 Who we share your personal data with

We routinely share personal data with:

  • Professional advisors who we instruct on behalf or refer you to, for example barristers, accountants, tax advisors, expert witnesses or other experts relevant to your matter.
  • Other third parties where necessary to carry out your instructions, for example your mortgage provider or HM Land Registry in the case of a property transaction.
  • The Courts.
  • Credit reference agencies.
  • Our insurers and brokers.
  • External auditors.
  • Our banks.
  • External service suppliers, representatives at agents that we use to make our business more efficient, for example marketing agencies, document storage and any typing services.

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

We may disclose in 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. The recipient of the information will be bound by confidentiality obligations.

4.6 Where your Personal Data is held

Transferring your Personal Data out of the EEA.

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 it occurs, see below:

Information may be held at our office and those of our third party agencies, service providers, representatives and agents as described above.

 

4.7 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 have 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 and we will retain data in accordance with the matter that has been dealt with, which may change from time to time.

When it is no longer necessary to retain your Personal Data, we will delete or anonymise it.

4.8 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), for example:

  • 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 non-EEA countries do not have the same Data Protection Laws as the UK and EEA. We will, however, ensure that the transfer complies with Data Protection Law and/or Personal Data will be secured. 

  1. Your Rights

You have the following rights, whether a client or visitor to our website, which you can exercise free of charge:

Access The right to be provided with a copy of your Personal Data (the right of access).
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 in certain situations.
Restriction of processing The right to require us to restrict processing of your Personal Data in certain circumstances, for example if you contest the accuracy of the data.
Data portability The right to receive the Personal Data you provide to us, in a structured, commonly used and machine readable format and/or transmit that data to a third party in certain circumstances.
To object You have the right to object at any time to your Personal Data being processed for direct marketing (including profiling) and in certain other situations to our continued processing of your Personal Data, for example processing carried out for the purposes of our legitimate interest.
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 effects you.

 

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

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

  • Email, call or write to us, and
  • Let us have enough information to identify you.
  • Let us have proof of identity and address.
  • Let us know what right you want to exercise and the information to which your request relates.
  1. 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 authorized manner and are subject to a duty of confidentiality. We also have procedures in place to do 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.

  1. How to Complain 

The general Data Protection Regulations give you the right to lodge a complaint with a supervisory authority, in particular in the European Union State where you work, normally live or where the alleged infringement of Data Protection Law has occurred. The supervisory authority in the UK is The Information Commissioner who can be contacted at https://ico.org.uk/concerns or by telephone on 03031231113.

  1. Changes to this Privacy Statement

 This Privacy Statement was published on the 25th May 2018. 

We reserve the right to amend this privacy policy form from time to time without prior notice. You are advised to make contact with us regularly or check our website regularly for any amendments.

 

How to Contact Us

 

Please contact us by post, email or telephone if you have any questions about this Privacy Policy or the information we hold about you.

Our contact details are below:

Caroline Parsons

Whitehead Vizard LLP   Close Gate Chambers  60 High Street  Salisbury  Wiltshire SP1 2PQ

Telephone: 01722 412141

Email: cp@whitehead-vizard.co.uk

If you would like this notice in another format, for example audio, please contact us at the above address.