(25th May 2018)
You have the right to privacy and to exercise control over your personal information.
We will never sell your data to any third parties.
If you have any questions in relation to this important matter, please do not delay in contacting us at: firstname.lastname@example.org
To enable us to proceed with your matter, we ask you please to do the following: (i) read our appended Privacy Notice, (ii) sign and date the last page, then (iii) return that signed page to us by email attachment or by regular post.
PRIVACY NOTICE OF W. DAVIES & SON LIMITED
This is the Privacy Notice of W. Davies & Son Limited, Solicitors, Acorn House, 5 Chertsey Road, Woking, Surrey, GU21 5AB. We trade as: W Davies Solicitors. In this Privacy Notice, we also may be referred to collectively as “W Davies Solicitors”, “we”, “us”, or “our”; you may be referred to as “Client” or “you”.
This Privacy Notice will tell you how we look after your personal data when:-
- you visit our website (regardless of where you visit it from) or
- you retain our services as a client, or
- you are a party to a matter (e.g. as an Executor, Beneficiary, etc.) or
- you apply for a job, or
- if you are an individual with whom we communicate on behalf of our clients.
This Privacy Notice will tell you about your privacy rights and how the law protects you. This Privacy Notice will apply also to all use of our website (www.wdavies.com).
The Directors of W Davies Solicitors are committed to safeguarding your privacy and the following explains our practices of information-gathering and safeguarding in relation to your business with us and / or any use of our website.
1. IMPORTANT INFORMATION AND WHO WE ARE
1.1 Purpose of this Privacy Notice
- This Privacy Notice aims to give you information on how W Davies Solicitors collects and processes personal data.
- This website is not intended for children. We do not knowingly collect data relating to children, except where that may be related to a matter (e.g. in divorce proceedings).
- So that you are fully aware of how and why we are using your data, it is important that you read this Privacy Notice together with any other Privacy Notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you.
- This Privacy Notice supplements any other such notices and is not intended to override them.
1.2 Controller / Data Protection Officer
W. Davies & Son Limited is the Controller and is responsible for your personal information. W Davies Solicitors, as the Controller, is responsible for managing the data we have in order to conduct our business as a firm of solicitors.
Our Data Protection Officer (“DPO”) is responsible for overseeing questions in relation to this Privacy Notice. Our DPO is Andrew Cohen. If you have any questions about this Privacy Notice, including any requests to exercise your legal rights, please contact the DPO using the details set out below in paragraph 1.3.
1.3 Contact Details
Full name of legal entity: W. Davies & Son Limited
Name and title of DPO: Andrew Cohen, Director and Solicitor.
Email address: email@example.com
Telephone number: 01483-744900
You have the right to make a complaint at any time to the Information Commissioner’s Office (“ICO”) which is the UK supervisory authority for data protection issues. The contact details of the ICO can be found at: www.ico.org.uk However, we would appreciate the chance to deal with your concerns before you approach the ICO, so please contact us in the first instance.
1.4 Changes to the Privacy Notice and your duty to inform us of your changes
It is important that the items of personal data we hold about you are accurate and current. So, please keep us informed if your personal data changes during your relationship with us.
2. THE DATA WE COLLECT ABOUT YOU
2.1 Meaning of and Types of Personal Data.
Personal data (or personal information) means any information about an individual (i.e. a “natural person, or “data subject”) from which data he or she can be identified.
Personal data does not include information in respect of which the data subject’s identity has been removed – i.e. where we have rendered the person anonymous (by separating them from their personal data in our records).
We may collect, use and store (and, only with your express permission, transfer) different kinds of personal data about you which we have grouped together as follows:
(a) Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender and, where you are applying for a job with us, any data contained in any CV provided by you.
(b) Contact Data includes billing address, delivery address, email address and telephone numbers.
(c) Financial Data includes bank account and payment card details.
(d) Legal Matter Data includes details of the services you purchase from us and quotations for our provision of such services.
(e) Technical Data includes internet protocol address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
(f) Usage Data includes information about how you use our services, website, materials, or publications.
(g) Communications and Marketing Data includes correspondence and other communications with us; it includes also your preferences as to whether or not to receive marketing from us and our related third parties and your preferences as to how you can receive such communications.
Please relate (a) to (g) above to the chart in paragraph 4.2, below.
2.2 Aggregated Data
- We may collect, use and share Aggregated Data, such as statistical or demographic information, for any purpose (e.g. we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature).
- Aggregated Data may be derived from your personal data – but is not considered personal data in law as this data does not directly or indirectly reveal your identity.
- We will not combine or connect Aggregated Data with your personal data, so it cannot identify you, directly or indirectly.
2.3 If you fail to provide Personal Data
We may need to collect personal data under the terms of a contract between us.
Alternatively, we may need to collect personal data by law.
In either such case, where you fail to provide that data when requested, we may not be able to perform the contract we have (or are trying to enter into with you) to provide you with our services; in such an event, we may have to cancel the service you have with us, but we will notify you at the time if this is the case.
3. HOW IS YOUR PERSONAL DATA COLLECTED?
Our methods of collecting data from and about you include the following:-
3.1 Direct Interactions.
You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise.
This includes personal data you provide when you:
- contact us about our services;
- contract with us for our services;
- request marketing materials to be sent to you;
- give us feedback; or
- apply for a job with us.
3.2 Subscriber Directories.
These are intended to collate personal data for internal use, where relevant. We only use directories we believe comply with appropriate regulations (e.g. GDPR).
3.3 Automated technologies or interactions.
4. HOW WE USE YOUR PERSONAL DATA
4.1 We use only as permitted by Law
We will only use and process personal data when we have a lawful basis so to do. Under GDPR, there are 6 available lawful grounds for processing. No single basis is ’better’ or more important than the others; which basis is most appropriate to use will depend on the purpose and some other factors.
We will use your personal data in one (or more) of the following circumstances:-
Ground 1: Consent
- A “myth” has arisen that your consent is required in all cases in which we wish to use your personal data – but consent is not the only ground for lawful processing.
- Consent means offering individuals real choice and control.
- Consent requires a positive opt-in – so pre-ticked boxes or any other default consent are not permissible; vague or blanket consent is not enough – i.e. explicit consent requires a very clear and specific statement of consent.
- Separate consent is needed for separate purposes.
- We will always need your clear, advance consent to use your data for marketing.
- You have the right to withdraw consent at any time where we process your personal data under consent; this applies in most (but not all) cases; to withdraw consent, please contact our DPO as described above in paragraph 1.3.
Ground 2: Contract
We can rely on contract as a lawful basis if we need to process personal data in the following cases:
- Where we must perform the contract we will enter or have entered into with you.
- Where you have asked us to do something before entering into a contract (e.g. to provide an estimate of costs).
Ground 3: Legitimate Interests
- Legitimate interests is usually most appropriate where we use a data subject’s information in ways they would reasonably expect and which have a minimal privacy impact, or where there is a compelling justification for the processing.
- To be able to use legitimate interests as our basis, we must satisfy a three-part test: identify a legitimate interest + show that the processing is necessary to achieve that interest + balance it against the individual’s interests, rights and freedoms.
- We can use legitimate interests as a basis for processing where it is necessary for our legitimate interests (or those of a third party) and where your interests and fundamental rights do not override those interests.
Ground 4: Legal Obligation
We can rely on legal obligation as a lawful basis if we need to process personal data to comply with a common law, statutory, or regulatory obligation.
Ground 5: Vital Interests
We could usually rely on vital interests as our lawful basis if we needed to process personal data to protect someone’s life.
Ground 6: Public Task
This is generally for use by public authorities (but we could rely on this lawful basis to process for a specific task in the public interest that is set out in law).
4.2 Table of purposes of usage of personal data
- We describe in the following table all the purposes for we may use your personal data.
- We may process your personal data using more than one lawful basis, depending on the specific purpose for which we are using your data (see paragraph 4.1, above).
- Therefore, please contact us if you wish to discuss a specific legal ground upon which we rely to process your personal data.
|PURPOSE / ACTIVITY||TYPE OF DATA|
|To register you as a new client, etc.||(a) Identity (b) Contact|
|To process and deliver your order including: (i) Manage payments, fees and charges (ii) Collect and recover money owed to us||(a) Identity (b) Contact (c) Financial (d) Matter (e) Marketing and Communications|
|To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)||(a) Identity (b) Contact (c) Technical|
|To deliver relevant website content and advertisements to you and to measure or understand the effectiveness of the advertising we send to you||(a) Identity (b) Contact (c) Profile (d) Usage (e) Marketing and Communications (f) Technical|
|To use data analytics to improve our services, website, marketing, Client relationships and Client experiences||(a) Technical (b) Usage To inform you of and to make recommendations to you about services that may be of interest to you (a) Identity (b) Contact (c) Technical (d) Usage (e) Profile|
|To administer any job applications and / or CVs you provide||(a) Identity (b) Contact|
To be able to provide you with choices regarding personal data uses in the area of marketing, we need your clear, advance consent that you are happy to receive our communications.
We request consent by e.g. sending to our clients and other contacts emails with titles such as: ‘We’d like to stay in touch’ and ‘Stay up to date with W Davies Solicitors’. Recipients can then reply giving their consent to opt-in, if they wish so to do.
6. OPTING OUT
You can ask us (or third parties acting on our behalf) to stop sending you marketing messages at any time by contacting our DPO, in writing (including email) or by phone.
Where you opt out of receiving these marketing messages, this opt-out will not apply to personal data provided to us as in relation to our services which you have already purchased, or other relevant transactions, as we are required by law to retain such data.
You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies.
8. CHANGE OF PURPOSE
8.1 Only use personal data for the purpose for which collected.
We will only use your personal data for the stated purposes for which we collected the information.
8.2 If we wish to use data for different, compatible reason.
If we consider, reasonably, that we need to use your personal data for another reason than the stated purpose (as referred to in paragraph 8.1, above) and if that reason is compatible with the original purpose, then we will contact you in advance to request your express consent to that other use.
8.3 If we wish to use data for unrelated purpose.
If we need to use your personal data for an unrelated purpose, we will contact you to explain why we wish to use it for the unrelated purpose and to request your consent to our using it for that unrelated purpose.
8.4 If required / permitted by law.
Please note that we may process your personal data without your knowledge or consent, where this is required or permitted by law.
9. DISCLOSURES OF YOUR PERSONAL DATA
9.1 Sharing personal data with specific parties.
For the purposes set out in the table in paragraph 4.2 above, we may have to share your personal data with the following parties:
- Internal Third Parties who become members of a W Davies Solicitors group, if the firm develops in that way.
- External Third Parties who may receive personal data, which parties currently include our external IT providers and third parties who manage our marketing database and who may deliver marketing emails on our behalf.
- Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets.
- Third parties whose business we may seek to acquire, or with whom we may wish to merge.
9.2 Parties outside the EU and other permitted territories.
Without detracting from what is stated above in paragraph 9.1, your specific consent will be required if your personal data is to be sent to any entity located outside the EU and other permitted territories.
9.3 Condition on new owners or part-owners.
If our business should undergo a change such as any of those listed above in paragraph 9.1, it would be a condition of such change that any new owners or part-owners of W Davies Solicitors must use your personal data in the same way as set out in this Privacy Notice.
9.4 Limitations on personal data processing by third parties
- We require all third parties to respect the security of your personal data and to treat it in accordance with the law.
- We would only permit third parties to process your personal data for specified purposes and in accordance with our instructions and your advance, clear consent.
- In any event, we would not allow our third-party service providers to use your personal data for their own purposes.
10. INTERNATIONAL TRANSFERS
10.1 Data transfer outside the EEA / your express consent.
As some third parties are based outside the European Economic Area (EEA) their processing of your personal data would involve data transfer outside the EEA.
We will not transfer your data to them without first having received your express consent that we may so do.
10.2 Safeguards / third parties outside the EEA
Whenever (having obtained your advance, clear consent) we transfer your personal data out of the EEA, we will ensure that no less a degree of protection is afforded to your information; we will do this by ensuring that at least one of the following safeguards is implemented:
- We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission. (Such countries could include, from time to time: the USA, Norway, Switzerland and Iceland.)
- Where we use service providers, we will only use contracts which give personal data the same protection it has in the EU.
- Specifically, where we use service providers based in the USA, we may transfer data to them if they are part of the Privacy Shield – which requires them to provide that personal data’s protection is no less strong than that between the EU and the USA.
11. DATA SECURITY
11.1 How we secure your personal data.
We are continually developing appropriate security measures to prevent your personal data from being accidentally lost, stolen, used or accessed in an unauthorised way, altered, or disclosed.
11.2 Limited access to personal data.
As part of our security measures, we will limit access to your personal data to those employees, agents, contractors and other third parties who have a professional need to know. They will only process your personal data on our instructions. In addition, they will be subject to a duty of confidentiality.
11.3 Reporting to the ICO in the event of a breach.
We are continually developing procedures to deal with any suspected personal data breach and will notify the UK Information Commissioner’s Office (“ICO”) of a breach; where we are legally required so to do; where we are thus legally required, we must report a breach to the ICO within 72 hours of its occurrence.
12. DATA RETENTION PERIODS
- We will only retain your personal data for as long as necessary to fulfil the purposes for which we collected it (including for the purposes of satisfying any legal, accounting, or reporting requirements).
- To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data, whether we can achieve those purposes through other means and the applicable legal requirements.
- By law, for tax purposes, we must keep certain personal information about our Clients (including Contact, Identity and Financial Data) for 6 years after they cease being customers; that 6-year period runs from receipt of the Client’s last payment to us.
- However, without detracting from what is stated in the immediately-preceding paragraph, we may hold such personal information for a further 6 years, when it will be held on a “restricted basis”, for evidential and / or regulatory purposes.
- Unless Clients opt-out, we will keep marketing data for 3 years.
- If we receive a CV from a prospective staff member, we will retain it for 1 year, whether or not the association results in employment with W Davies Solicitors.
- In some circumstances, you can ask us to delete your data: see paragraph 13 below for further information.
13. YOUR LEGAL RIGHTS
Under certain circumstances, you have rights under the data protection regulations in relation to your personal data, as follows.
13.1 You have the following 8 Fundamental Rights:
(1) Right to be informed — i.e. the right to know how your personal data is used;
(2) Right to access — i.e. this right gives you access to your data and associated data (if any). You can access your personal data by what is commonly known as a “data subject access request”. This enables you to receive a copy of the personal data we hold about you and to check that we are processing it lawfully.
(3) Right to rectification — i.e. the right to have rectification made to the personal data we hold about you if it is incomplete, inaccurate, or otherwise deficient. However, we may need to verify the accuracy of any new data you may provide to us.
(4) Right to erasure / to be’ forgotten’ – i.e. this right enables you to require us to delete or remove personal data where there is no compelling reason for us to continue to hold / process it.
(5) Right to restrict processing – i.e. if your data is stored, you can insist that it is not processed (e.g. if rectification is awaited) – and you can require us to suspend processing your personal data in the following cases:
(a) if you want us to establish the data’s accuracy;
(b) where our use of the data is unlawful, but you do not want us to erase it;
(c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or
(d) you have objected to our use of your data, but we need to verify whether we have overriding legitimate grounds to use it.
N.B.: You can withdraw your consent at any time, where we rely on your consent to process your personal data. But this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide you with certain services or materials / publications; we will advise you if this is the case when you withdraw consent.
(6) Right to data portability — i.e. the right to ask for copies of stored information to be used in other areas (e.g. if you apply for a financial product from a particular provider). We will provide to you (or to your chosen third party) your personal data in a structured, commonly-used, machine-readable format.
(7) Right to object — i.e. the right to object to the processing of your data for a particular use (e.g. for marketing) our data controller must comply. Where we say we rely on a legitimate interest (or on that of a third party) you can object to the processing of your personal data if you feel there is something about your particular situation which makes you want to object to our processing on this ground, because you feel it impacts on your fundamental rights and freedoms. But if we can demonstrate we have compelling legitimate grounds to process your information, then such grounds will override your rights and freedoms.
(8) Right not to be subject to automated decision-making, including profiling — i.e. the right to raise an objection where decisions are being made about you by a machine (without human involvement – e.g. tracking online shopping habits).
If you wish to exercise any of the above rights, please contact our DPO as described above in paragraph 1.3.
13.2 No fee usually required
You will not have to pay a fee to access your personal data, or to exercise any of the other fundamental rights, specified above in paragraph 13.1.
But we may charge a reasonable fee, or we may refuse to comply, if your request is clearly unfounded.
13.3 What we may need from you
We may need to request specific information from you to help us confirm your identity and to ensure your right to access your personal data, or to exercise any of your other fundamental rights. This is a security measure to ensure that personal data is not disclosed to any person who has no right to it.
We may also contact you to ask you for further information in relation to your request, to accelerate our response.
13.4 Time period for response
We will use our best endeavours to respond to all legitimate requests as soon as possible and within one month.
Occasionally, it may take us longer than a month if your request is particularly complex, or you have made a number of requests.
In this case, we will notify you, then keep you updated.
14. ADDITIONAL PROVISIONS
- We do not store your credit or debit card details.
- We cannot guarantee the security of any data transmitted via the internet (by way of example, but not necessarily exclusively, email) so we shall have no liability for any disclosure resulting from the instability of the internet.
- Where our website contains links to third-party sites, this Privacy Notice does not apply to such third-party sites.
- We apply our Privacy Notice in compliance with and reference to the General Data Protection Regulation (“GDPR”) as may be altered or replaced from time to time.
- We treat our responsibility in this regard very seriously and are currently registered with the UK’s Information Commissioner, under Registration reference: ZA062697.
- In addition to compliance with the GDPR, we will comply with the provisions of any relevant new EU rules, regulations, or legislation that may come into force at any time, for as long as the UK is regulated by such directives.