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Privacy

We take your privacy very seriously. 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.

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

Key terms

It would be helpful to start by explaining some key terms used in this document:

We, us, our

Everys Solicitors or Everys Solicitors LLP

Person responsible for data protection

John Grace

Tele: 01823 362890 email: john.grace@everys.co.uk

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

Data concerning health, sex life or sexual orientation

 Personal data we collect about you

The table below sets out the 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 collect depending on why you have instructed us

Your name, address and telephone number

Information to enable us to check and verify your identity, eg your date of birth or passport details

Electronic contact details, eg 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, eg the source of your funds if you are instructing on a purchase transaction

 

Your National Insurance and tax details

Your bank and/or building society details

Details of your professional online presence, eg LinkedIn profile

Details of your spouse/partner and dependants or other family members, eg if you instruct us on a family matter or a will

Your employment status and details including salary and benefits, eg if you instruct us on matter related to your employment or in which your employment status or income is relevant

Your nationality and immigration status and information from related documents, such as your passport or other identification, and immigration information, eg if you instruct us on an immigration matter

Details of your pension arrangements, eg 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), eg 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, eg if you instruct us on discrimination claim or in respect of a matter where such records are relevant

Your trade union membership, eg if you instruct us on discrimination claim or your matter is funded by a trade union

Personal identifying information, such as your hair or eye colour or your parents’ names, eg if you instruct us to incorporate a company for you

Your medical records, eg if we are acting for you in a personal injury claim

 

 This personal data is required from you 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 your personal data is collected

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

•       from publicly accessible sources, eg Companies House or HM Land Registry;

•       directly from a third party, eg:

–      sanctions screening providers;

–      credit reference agencies;

–      client due diligence providers;

–      from other parties involved in the matter which you have instructed us on.

–      From government departments or agencies, such as the court service.

•       from a third party with your consent, eg:

–      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 information technology systems, eg:

–      case management, document management and time recording systems;

–      reception logs;

–      relevant websites and applications;

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, eg:

•       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

•       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

Our legitimate interest as your legal advisors.  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, eg under health and safety regulation or rules issued by our professional regulator

To comply with our legal and regulatory obligations.  Our legitimate interest as your legal advisors

Gathering and providing information required by or relating to audits, enquiries or investigations by regulatory bodies

To comply with our legal and regulatory obligations. Our legitimate interest as your legal advisors.

Ensuring business policies are adhered to, eg policies covering security and internet use

For our legitimate interests or those of a third party

Operational reasons, such as improving efficiency, training and quality control

For our legitimate interests or those of a third party

Ensuring the confidentiality of commercially sensitive information

For our legitimate interests or those of a third party

To comply with our legal and regulatory obligations

Statistical analysis to help us manage our practice, eg 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 unauthorised access and modifications to systems

For our legitimate interests or those of a third party

To comply with our legal and regulatory obligations

Updating and enhancing 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

Statutory returns

To comply with our legal and regulatory obligations.  Our legitimate interest as your legal advisors.

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

Marketing our services and those of selected third parties  to:

—existing and former clients;

—third parties who have previously expressed an interest in our services;

—third parties with whom we have had no previous dealings.

For our legitimate interests or those of a third party

External audits and quality checks, eg for Lexcel and the audit of our accounts

For our legitimate interests or a those of a third party

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.

Promotional communications

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

We have a legitimate interest in processing your personal data for promotional purposes (see above ‘How and why we use your personal data’). This means we do not usually need your consent to send you promotional communications. However, where consent is needed, we will ask for this consent separately and clearly.

We will always treat your personal data with the utmost respect and never sell OR share it with other organisations other than with Everys Investment Management Ltd for marketing purposes.

You have the right to opt out of receiving promotional communications at any time by contacting John Grace -  john.grace@everys.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.

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, eg barristers, medical professionals, accountants, tax advisors or other experts;
  • other third parties where necessary to carry out your instructions, eg your mortgage provider or HM Land Registry in the case of a property transaction or Companies House;
  • our group companies;
  • credit reference agencies;
  • our insurers and brokers;
  • external service suppliers, representatives and agents that we use to make our business more efficient, eg typing services, marketing agencies, document collation, file storage provider, providers of our IT services or analysis suppliers;
  • courts and tribunals relating to the matter you have instructed us upon.
  • our bank;

 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.

We will not share your personal data with any other third party save Everys Investment Management Ltd

Where your personal data is held

Information may be held at our offices and those of our group companies, 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 for

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 avoid conflicts of interests with people related to you;
  • 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), eg:

  • with our offices outside the EEA;
  • 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.

These non-EEA countries do not have the same data protection laws as the United Kingdom and EEA. We will, however, ensure the transfer complies with data protection law and all personal data will be secure. Our standard practice is to use standard data protection contract clauses which have been approved by the European Commission.

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

Updating Your Data

You are responsible for notifying us of any changes to your data, such as a change of your address or email details etc.  You should notify the person dealing with your matter immediately should there be any change to the data listed in the above section headed Personal data we collect about you

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 (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, eg 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, eg 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:

•       email, call or write to us—see below: ‘How to contact us’; and

•       let us have proof of your identity and address (a copy 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.

 If you want detailed information from Get Safe Online on how to protect your information and your computers and devices against fraud, identity theft, viruses and many other online problems, please visit www.getsafeonline.org. Get Safe Online is supported by HM Government and leading businesses.

How to complain

We hope that we 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 .

Changes to this privacy policy

This privacy notice was published on 25th May 2018

We may change this privacy notice from time to time, when we do we will inform you via email.

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 shown below:

Our contact details

John Grace

5 Heron Gate Office Park

Hankridge Way

Taunton

TA1 2LR

Email: john.grace@everys.co.uk

Telephone: 01823 362890

 

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© 2018 Everys Solicitors - Legal expertise for everyone. | Main office: Hertford House, Southernhay Gardens, Exeter EX1 1NP