- INTRODUCTION 3
Purpose of this policy 3
Contact details 3
Changes to this Privacy Notice and your duty to inform us of changes 3
- THE DATA WE COLLECT ABOUT YOU 3
If you fail to provide personal data 4
- HOW IS YOUR PERSONAL DATA COLLECTED? 4
Pay Online 5
Conveyancing quote calculator 5
- HOW WE USE YOUR PERSONAL DATA 6
Purposes for which we will use your personal data 6
Promotional offers 7
Change of purpose 7
- DISCLOSURES OF YOUR PERSONAL DATA 8
- INTERNATIONAL TRANSFERS 8
- DATA SECURITY 9
- DATA RETENTION 9
How long will you use my personal data for? 9
- YOUR LEGAL RIGHTS 9
No fee usually required 10
What we may need from you 10
Time limit to respond 10
- GLOSSARY 10
LAWFUL BASIS 10
YOUR LEGAL RIGHTS 10
Ellis-Fermor & Negus Limited respects your privacy and is committed to protecting your personal data. This privacy notice explains how we look after your personal data. It also tells you about your privacy rights and how the law protects you.
The Glossary (Section 10) explains the meaning of some of the terms used in this privacy notice.
Purpose of this policy
This privacy notice aims to give you information on how Ellis-Fermor & Negus Limited collects and processes your personal data. It applies to any personal data received as part of the performance of a contract. It also applies to any data you may provide through this website when you request a quote, make a payment, complete the contact form or sign up to our newsletter.
It is important that you read this privacy notice together with any other privacy notice or Terms of Business we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.
Ellis-Fermor & Negus Limited is the controller and responsible for your personal data (collectively referred to as “company”, “we”, “us” or “our” in this privacy notice).
The Directors of the company are responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights please contact the Practice Manager in the first instance using the details set out below.
The Practice Manager
Email address: firstname.lastname@example.org
Postal address: 5 Market Place, Ripley, Derbyshire DE5 3BS
You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
Changes to this Privacy Notice and your duty to inform us of changes
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
2. THE DATA WE COLLECT ABOUT YOU
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:
- Identity Dataincludes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
- Contact Dataincludes address, email address and telephone numbers.
- Financial Dataincludes bank account, utility account and payment card details.
- Transaction Dataincludes details about payments to and from you and other details services you have purchased from us.
- Special Categories of Personal Dataabout you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, criminal convictions and offences).
- Technical Dataincludes internet protocol (IP) address, login data, 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.
- Profile Data includes feedback and survey responses.
- Usage Dataincludes information about how you use our website, products and services.
- Marketing and Communications Data includes your preferences in receiving marketing from us and your communication preferences.
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. 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. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature.
If you fail to provide personal data
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the legal work we are instructed to do for you. In this case, we may have to cancel our contract with you but we will notify you if this is the case at the time.
3. HOW IS YOUR PERSONAL DATA COLLECTED?
We use different methods to collect data from and about you including through:
- Direct interactions.You may give us your Identity, Contact and Financial Data when you attend our offices, complete forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you instruct us to carry out legal services for you, when you request marketing to be sent to you, enter a competition, promotion or survey or give us some feedback.
- Third parties or publicly available sources.Depending on the type of legal matter you instruct us to deal with we may receive personal data about you from various third parties with your consent such as:
- Your healthcare providers, employers, insurers and/or other third parties connected with your legal matter
- Client due diligence providers such as Infotrack
- Identity and Contact Data from publicly availably sources such as Companies House and the Electoral Register based inside the EU.
- Identity and contact data from search providers such as credit referencing agencies based inside or outside the EU, and
- Public sources such as analytics providers.
When you use our Website’s online payment facility you submit your name, address, transaction and credit/debit card details to Barclaycard or to WorldPay (UK) Limited and parts of its group (“WorldPay”) through an online payment gateway which provides secure, online, real-time payment services to us. Barclaycard and WorldPay are the data controllers of that information and are bound by the provisions of GDPR. Barclaycard and Worldpay have confirmed that their payment processing systems are compliant with PCI DSS industry security standards. Further information about Barclaycard and WorldPay and their privacy policies can be found at https://www.barclaycard.co.uk/personal/privacy-policy and at http://www.worldpay.com/uk/comprehensive-privacy-policy
Our Website will ask you to supply our client reference number, amount to pay, your name, address, email address and telephone number. We will usually keep this information for accounting purposes for a minimum period of six years.
You will then be transferred to a secure payment area maintained by Barclaycard or WorldPay where you will be prompted for your credit/debit card details to complete the transaction.
Barclaycard and WorldPay processes your payment and provides us with confirmation and details of your payment. These details include your IP address. This payment information is retained for a minimum period of six years as part of our accounting and client matter records. We do not store, hold use or process your Credit/Debit card details at any time.
Conveyancing quote calculator
Hoowla processes the information you provide through our Website’s online quote calculator to produce a conveyancing quote and Hoowla also provides us with confirmation of your enquiry. These details include the information that you provided when asking for the quote. This information is retained for a maximum period of twelve months unless you decide to instruct us in which case this information is transferred to a client matter file and is kept for a minimum period of six years as part of our client matter records.
The cookies we use on our website are ‘analytical’ cookies called “Google Analytics”. A cookie is a small file of letters and numbers that we put on your computer if you agree. Cookies allow us to recognise and count the number of visitors and to see how visitors come to and move around the Website while using it. Google will store this information and it helps us to improve the way our Website works, for example by making sure users are finding what they need easily. Cookies do not provide us with access to your computer. No personally identifiable data is used or retained in this type of reporting.
Our website also includes embedded ‘share’ buttons to enable users of the site to easily view articles and information through a number of popular social networks including, Facebook, Twitter or LinkedIn. These websites may set a cookie if you click through. We do not control the dissemination of these cookies and you should check the relevant third party website for more information about these.
4. HOW WE USE YOUR PERSONAL DATA
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
- Where we need to perform the contract that we are about to enter into or have entered into with you.
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
- Where we need to comply with a legal or regulatory obligation.
Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a contract to provide legal services to you.
Purposes for which we will use your personal data
The following table sets out a description of all the ways we use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
|Purpose/Activity||Type of data||Lawful basis for processing including basis of legitimate interest|
|To register you as a new client||a) Identity
|· Performance of a contract with you|
|To deliver legal advice and services to you including:
· Providing a quote for fees
· Referencing for fraud prevention purposes
· Managing payments, fees and charges
· Liaising with and instructing other professionals and service providers in connection with your legal matter
· Collecting and recovering money owned to us
e) Special categories of personal data
i) Marketing and Communications
|· Performance of a contract with you
· Necessary for our legitimate interests (for running our business and to provide information about the costs of our services)
· To comply with our legal or regulatory obligations
|To manage our relationship with you which will include:
· Asking you to leave a review or take a survey
i) Marketing and Communications
|· Performance of a contract with you
· Necessary to comply with a legal obligation
· Necessary for our legitimate interests (to keep our records updated, to study how customers use our products/services and in the context of a business reorganisation)
|To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)||a) Identity
|· Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation)
· Necessary to comply with a legal obligation
|To use data analytics to improve our website, products/services, marketing, customer relationships and experiences||f) Technical
|· Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)|
|To make suggestions and recommendations to you about goods or services that may be of interest to you||a) Identity
i) Marketing and Communications
|· Necessary for our legitimate interests (to develop our products/services and grow our business)|
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
You will receive marketing communications from us if you have requested information from us or purchased services from us or if you provided us with your details when you entered a competition or registered for a promotion and, in each case, you have not opted out of receiving that marketing.
Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
5. DISCLOSURES OF YOUR PERSONAL DATA
We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.
- Service providers acting as processors based in the UK who provide IT and system administration services.
- Service providers acting as processors who provide professional services on our instruction to assist in your legal matter such as medico-legal experts, other expert witnesses and enquiry agents.
- Service providers acting as processors or joint controllers who provide lending and/or insurance services to you, for example, in connection with a conveyancing matter.
- Healthcare providers acting as processors who provide medical information, records and treatment services at our request.
- Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services.
- HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances.
- Electronic search providers and fraud prevention agencies acting as processors or joint controllers based in the United Kingdom
- Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
We will not disclose the personal information we collect through our Website to third parties unless we have your permission or the law or our regulatory body requires us to but we may pass it to our sub-contractors to fulfil your requirements or improve the Website and also to our future successors, each on a confidential basis.
6. INTERNATIONAL TRANSFERS
We may need to share your personal data outside the European Economic Area (EEA) if either you or a service provider is located outside the EEA or it is necessary in order to properly deliver our services to you. Such transfers are subject to UK and European data protection rules which ensure that your personal data is given the same protection it has in Europe.
7. DATA SECURITY
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
Data that is provided to us through our Website is stored on our secure servers. Details relating to any payment transactions entered into via our Website will be encrypted for transit to ensure their safety. The transmission of information via the internet is not completely secure and therefore we cannot guarantee the security of data sent to us electronically and the transmission of such data is entirely at your own risk.
Our Website includes embedded ‘share’ buttons to enable users of the site to easily view articles and information about our services through social networks including Facebook, Twitter and LinkedIn. You will need to check the relevant third party website’s own privacy and cookie policies regarding the personal information these organisations may collect about you when you access their website and how that information is used.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
8. DATA RETENTION
How long will you use my personal data for?
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, 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 and whether we can achieve those purposes through other means, and the applicable legal requirements. Details of our retention periods are set out our Terms of Business. Details of our retention periods for information collected via our Website through Pay Online and the conveyancing quote calculator are set out in Section 4 above.
In some circumstances you can ask us to delete your data: see Request erasure below for further information.
In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
9. YOUR LEGAL RIGHTS
Under certain circumstances, you have rights under data protection laws in relation to your personal data as set out in the Glossary at Section 10 below. If you wish to exercise any of the rights set out above, please contact us.
No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests 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 and keep you updated.
GDPR means the General Data Protection Regulation 2018 and the Data Protection Act 2018.
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you or your organisation are a party or to take steps at your request before entering into such a contract.
Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
YOUR LEGAL RIGHTS
You have the right to:
Request access to your personal data (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 lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (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.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, 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 certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.