We comply with the requirements of the EU General Data Protection Regulations (GDPR). This policy sets out the basis on which any personal data we collect from you (the 'Data Subject') will be processed by us.
For the purposes of the GDPR Lever & Co Solicitors of 25b White Horse Court, North Street, Bishops Stortford, Hertfordshire CM23 2LD is the Data Controller and the Data Processor. The Data Protection Officer is Angela Lever. Lever & Co is registered with the Information Commissioners Office (Registration number Z2918630).
We may change/update this policy from time to time. Any changes will be notified on our website and you should check this periodically to ensure that you are happy with any changes. This policy is effective from 25 May 2018.
In order to carry out the Services we offer to clients it is necessary for us to process personal data.
We only process personal data which is necessary for us to perform our contract, or pre-contract, obligations, and to meet statutory requirements. This will include contact details and other information depending on the nature of the Services we will be providing. As part of the requirements of the Money Laundering Regulations we are also required to confirm the identity of clients and therefore we will process identification documentation. We will not collect any personal data that we do not need in order to provide and oversee Services.
How we collect or obtain information from you
- When you provide it to us by contacting us through the contact form on our website, by email, telephone or written correspondence.
- Occasionally from third parties.
Legal Basis for processing information
- To perform a contract or to take steps at your request to enter into a contract - (Article 6(1)(b) or, 6(1)c – Legal Obligation, of the General Data Protection Regulation.
- It is necessary to process your data where your message relates to us providing you with a service or taking steps at your request prior to providing you with a service or services.
As well as clients it may sometimes be necessary to process personal data of other categories of individuals including beneficiaries of Wills, Attorneys name in Lasting Powers of Attorney/Enduring Powers of Attorney and, Deputies.
Information we may collect from you
- Contact information including postcode
- Email address
- Telephone number
As well as contact details it will sometimes be necessary to process other categories of personal data including financial information, health data, and family data.
Uses Made of the Information
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
- To provide you with information and services that you request from us.
- To carry out our obligations arising from any contracts entered into between you and us.
- To notify you about any changes to our service.
- We may also use your data to provide you with information which may be of interest to you during, or after, any contract period.
- Internal record keeping.
We will not use the information for marketing purposes.
You hereby agree to indemnify the Business, officers, employees, agents and subcontractors (each an Indemnified Party’) from and against any claims, losses, demands, actions, liabilities, fines, penalties, reasonable expenses, damages and settlement amounts (including reasonable legal fees and costs) incurred by any Indemnified Party arising out of or in connection with any breach by you of the warranties included below:
1. The provision of certain personal data is mandatory in order for the Business to comply with mandatory client due diligence requirements and consequently to provide Services. You warrant on a continuous basis that such personal data is accurate, complete and up to date. Failure to comply may result in documents being rejected by the relevant certification authorities, held invalid in the destination country or other difficulty to successfully completing the Services.
2. In relation to personal data of data subjects you warrant to the Business on a continuous basis that:
a) where applicable, you are authorised to share such personal data with the Business in connection with the Services and that wherever another data subject is referred to, you have obtained the explicit and demonstrable consent from all relevant data subjects to the inclusion and use of any personal data concerning them;
b) to the extent this is required in connection with the Services, such personal data is accurate, complete and up to date; and
c) either you provide your explicit consent and warrant that each data subject has provided explicit consent for the transfer of personal data to foreign organisations in connection with the Services as set out at below (relating to international transfer of personal data), or that an alternative legal gateway for such transfer (such as transfer necessary for the conclusion or performance of a contract concluded in the interest of the data subject) has been satisfied.
Disclosure of your information
We do not share your information with third parties unless
- We are under a legal duty to disclose or share your personal data for the execution of your contract with us.
This could include, but is not limited to the following:
- Government Agencies/Public Authorities where we are required to do so by law, such as HM Revenue & Customs; the Probate Registry; the Office of the Public Guardian; the Land Registry; Foreign and Commonwealth Office; foreign organisations
- Financial Advisors (with permission of the data subject)
- Successor or partner legal entities, on a temporary or permanent basis
- Supplies or service providers to facilitate the provision of Services including , but not limited to, IT consultants, Case Management Software providers, couriers, translators, legalisation and other handling agents.
- Any other third party where you have provided you consent
International transfer of your personal data
We may transfer your personal data to a third party in countries outside the country in which it was originally collected for further processing in accordance with the purposes set out above. In particular, your personal data may be transferred to foreign organisations such as foreign Embassies located in the UK or abroad. Such organisations will process personal data in accordance with the laws to which they are subject and international treaties over which the Business has no control.
If the Business transfers personal data to private organisations abroad, such as subcontractors, it will, as required by applicable law, ensure that your privacy rights are adequately protected by appropriate technical, organisational, contractual or other lawful means. You may contact us for a copy of such safeguards in these circumstances.
How long we retain your information
- The length of time that your data will be held will depend on the nature of the services we are providing. The Solicitors Regulation Authority and The Law Society recommend that information relating to most matters be held for up to 6 years.
- Where we have been contracted to prepare a Will, this, if we have been asked to store the original document, and the related file will be kept in perpetuity.
How we secure your information
- Through the use of appropriate technical and organisational procedures
- All data we process is processed by our staff in the UK.
- We use a cloud based Practice Management System which is hosted by Virtual Practice. All data is held securely by Virtual Practice in a sophisticated data centre hosted by e-Know.net (also known as nasstar).
- We also store and maintain some data on our internal server which is security protected.
Automated decision making and profiling
- We do not use automated decision making or profiling.
What are your rights?
Subject to certain limitations, you have the following rights in relation to your information, which you can exercise by writing to Lever & Co at 25b White Horse Court, North Street, Bishops Stortford, Hertfordshire CM23 2LD or by sending an email to firstname.lastname@example.org.
- To have access to your information and how it is used.
- To have information corrected.
- To have your information deleted.
- To restrict the use of your information.
- To complain to a supervisory authority (For the purposes of the UK, the supervisory authority is the Information Commissioner's Office (ICO), the contact details of which are available on their website: https://ico.org.uk/global/contact-us/).
- Not to be charged for reasonable requests for access to your data.
- To receive information which you have provided to us in a structured, commonly used format.
- To have your information transferred to another data controller.
If at any point you believe the information we process on you is incorrect you can request to see this information and have it corrected or deleted. If you wish to raise a complaint on how we have handled your personal data, you can contact our Data Protection Officer who will investigate the matter.
If you are not satisfied with our response or believe we are processing your personal data not in accordance with the law you can complain to the Information Commissioner's Office (ICO).
The above rights are provided in summary form only and certain limitations apply to many of these rights. For further information about your rights in relation to your information, including any limitations which apply, please visit the following pages on the ICO’s website:
Sensitive Personal Information
'Sensitive personal information' is information about an individual that reveals their racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic information, biometric information for the purpose of uniquely identifying an individual, information concerning health or information concerning a natural person’s sex life or sexual orientation.
- We do not knowingly or intentionally collect sensitive personal information from individuals, and you must not submit sensitive personal information to us.
- If, however, you inadvertently or intentionally transmit sensitive personal information to us, you will be considered to have explicitly consented to us processing that sensitive personal information under Article 9(2)(a) of the General Data Protection Regulation. We will use and process your sensitive personal information for the purposes of deleting it.
Web server log information
- Our website is managed and hosted by Easykey Limited.
- We do not access log data from our website.