Privacy Policy

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, ourEverys Solicitors or Everys Solicitors LLP
Person responsible for data protectionJames Griffin Tel: 01404 43431 email:james.griffin@everys.co.uk
Personal dataAny information relating to an identified or identifiable individual
Special category personal dataPersonal data revealing racial or ethnic origin, political opinions, religious beliefs, philosophical beliefs or trade union membershipGenetic and biometric dataData 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 collectPersonal data we may collect depending on why you have instructed us
Your name, address and telephone numberInformation to enable us to check and verify your identity, e.g. your date of birth or passport detailsElectronic contact details, e.g. your email address and mobile phone numberInformation relating to the matter in which you are seeking our advice or representationInformation to enable us to undertake a credit or other financial checks on youYour financial details so far as relevant to your instructions, e.g. the source of your funds if you are instructing on a purchase transactionYour National Insurance and tax detailsYour bank and/or building society detailsDetails of your professional online presence, e.g. LinkedIn profileDetails of your spouse/partner and dependants or other family members, e.g. if you instruct us on a family matter or a willYour employment status and details including salary and benefits, e.g. if you instruct us on a matter related to your employment or in which your employment status or income is relevantYour nationality and immigration status and information from related documents, such as your passport or other identification, and immigration information, e.g. if you instruct us on an immigration matterDetails of your pension arrangements, e.g. if you instruct us on a pension matter or in relation to financial arrangements following breakdown of a relationshipYour 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 relevantYour racial or ethnic origin, gender and sexual orientation, religious or similar beliefs, e.g. if you instruct us on discrimination claim or in respect of a matter where such records are relevantYour trade union membership, e.g. if you instruct us on discrimination claim or your matter is funded by a trade unionPersonal identifying information, such as your hair or eye colour or your parents’ names, e.g. if you instruct us to incorporate a company for youYour medical records, e.g. 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, e.g. Companies House or HM Land Registry;
    • directly from a third party:
        • 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, register of births, deaths and marriages or the Land Charges Registry.
        • from an executor or executors of an estate or information provided by a deceased.
        • witnesses;
        • the Police;
    • 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;
        • witnesses;
    • via our information technology systems, e.g.:
        • case management, document management, and time recording systems;
        • reception logs;
        • relevant websites and applications, such as Google Analytics and Google Signals – this information is aggregated and personal data is anonymised;
        • emails and diary 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
    • 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 forOur reasons
To provide legal services to youOur 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 identityScreening for financial and other sanctions or embargoesOther 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 regulatorTo comply with our legal and regulatory obligations.  Our legitimate interest as your legal advisors or the legal advisors of a third party such as an executor.
Gathering and providing information required by or relating to audits, enquiries or investigations by regulatory bodiesTo comply with our legal and regulatory obligations. Our legitimate interest as your legal advisors.
Ensuring business policies are adhered to, e.g. policies covering security and internet useFor our legitimate interests or those of a third party
Operational reasons, such as improving efficiency, training and quality controlFor our legitimate interests or those of a third party
Ensuring the confidentiality of commercially sensitive informationFor our legitimate interests or those of a third partyTo 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 measuresFor our legitimate interests or those of a third party
Preventing unauthorised access and modifications to systemsFor our legitimate interests or those of a third partyTo comply with our legal and regulatory obligations
Updating and enhancing client recordsFor the performance of our contract with you or to take steps at your request before entering into a contractTo comply with our legal and regulatory obligationsFor our legitimate interests or those of a third party
Statutory returnsTo comply with our legal and regulatory obligations.Our legitimate interest as your legal advisors.
Ensuring safe working practices, staff administration and assessmentsTo comply with our legal and regulatory obligationsFor 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, e.g. for Lexcel and the audit of our accountsFor our legitimate interests or a those of a third partyTo comply with our legal and regulatory obligations
To enable us to communicate with you on behalf of a client, such as an estate or trust.To comply with our legal and regulatory obligationsFor our legitimate interests or those of a third party

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 James Griffin –  james.griffin@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, e.g. barristers, medical professionals, 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;
    • our clients where they have instructed us to contact you either in respect of a matter that they have instructed us in or in order to fulfil their legal or other obligations;
    • 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, e.g. typing services, marketing agencies, document collation, file storage provider, mail services, providers of our IT services or analysis suppliers;
    • courts and tribunals relating to the matter you have instructed us upon.
    • our bank;
    • employees of Everys;
    • external auditors in order to fulfil our obligations to our regulator or any practice management standard we may seek or obtain;
    • any party you may instruct to share your data with;

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;
    • legal challenges to the way in which the estate was administered;
    • to keep records required by law.

We will not retain your data for no 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.  On average, we keep most data for a minimum of seven years but in certain circumstances we may keep the data for up to 21 years.

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 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:

AccessThe right to be provided with a copy of your personal data (the right of access)
RectificationThe right to require us to correct any mistakes in your personal data
To be forgottenThe right to require us to delete your personal data—in certain situations
Restriction of processingThe 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 portabilityThe 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 objectThe 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-makingThe 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.  Everys does not use such processing.

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

We may change this privacy notice from time to time.

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
James Griffin5 Heron Gate Office ParkHankridge WayTauntonTA1 2LREmail: james.griffin@everys.co.ukTelephone: 01404 43431