SE OF OUR WEBSITE
1. Use of our website
The content on our website is provided for general information only and is not intended to amount to advice on which you should rely. You should obtain professional advice before taking or refraining from, any action relating to the content of our website. Whilst we make reasonable efforts to update the information on our website we make no representations, warranties or guarantees, whether express or implied, that the content on it is accurate or up to date.
Your use of this website is governed by and in accordance with the laws of England and Wales and any disputes will be subject to the non-exclusive jurisdiction of the English courts.
2. Accessing our website
You are responsible for making all arrangements necessary to have access to our website and whilst we make it available free of charge we do not guarantee that it, or any content on it, will always be available or uninterrupted. Access is permitted as and when available and we may suspend, withdraw, discontinue or change all or any part of it without notice and without liability to you.
We do not guarantee that our website will be secure or free from bugs or viruses. It is for you to configure your own information technology and you should use your own virus protection software. We will not be liable for any loss or damage caused by a virus service attack or other material that may infect your computer equipment, data, programs or other material due to the use of our website or the downloading of any of its content or any website linked to it.
3. Links with other websites
You may link to our home page provided that you do so in a way which is fair and legal and does not damage our reputation. You must not establish a link to our website in any manner which suggests any form of association approval or endorsement on our part without our prior permission. You must not establish a link to our website in any website that is not owned by you.
Where our website contains links or references to other websites or resources provided by third parties these links are provided for your information only and we are not responsible for and we do not endorse or approve the contents of any such websites or resources.
5th December 2018
PRIVACY POLICY
1. General
Please read this privacy policy carefully to understand why we collect data and what we do with it. It forms part of our Retainer and that we may change this policy and therefore the terms of business with you from time to time by amending this policy without reference to you.
2. What information do we collect from you
Much of the information we collect is that which is set out in the client questionnaire which we will ask you to complete and return to us before we can begin to act for you. This includes names addresses, email and telephone details, date of birth, National Insurance numbers or tax reference details. We also typically require photographic identification such as a passport, and proof of address documents to carry out due diligence and details of your company if you are a corporate client We may also need to see your professional information, banking and other financial details to establish the source of funds where financial transactions are involved.
Sometimes we may need to collect information which is sensitive in nature such as diversity and health related details and in certain circumstances we may need to share this with third parties for example a court or tribunal. If you volunteer sensitive personal data you will be allowing us to process it as part of our Retainer.
If you provide other third party data to us, for example, about a family member, we will comply with data protection legislation in relation to that information. Note that you should have authority to disclose personal data if it relates to someone else and all data disclosed should be complete, accurate and up to date.
3. On what basis can we process your information
The legal grounds for processing your personal data are as follows:-
It is necessary for the performance of a contract to which you are a party or to take steps to enter into a contract with you. Our Retainer sets out our terms of business with you and the services we will provide to you;
It is necessary for the purposes of our legitimate interests, save for where those interests are overridden by the interests or rights of affected individuals (such as you). To determine this we shall consider a number of factors such as what you were told when you provided your data, what your expectations are about the processing of your data, the nature of it and the impact of processing it on you; or
It is necessary in order to comply with mandatory legal obligations to which we are subject under UK or EU law.
4. What will we do with your information.
We will use your personal information for the following purposes (where relevant)
Verify identity and address
Establish source of funds and prevent money laundering or terrorist financing in accordance with regulations.
Carry out appropriate anti fraud checks. NB This will not affect your credit rating.
Prepare documents to complete transactions and commence proceedings on your behalf.
Communicate with you during the course of providing our services.
Carry out obligations arising from and contract entered into between you and third parties.
Refer you to another department within our firm.
Statistical purposes for analysis of our own business and management strategy.
Seek advice from a third party in connection with your matter.
Respond to any complaint or allegation of negligence against us.
In addition, information about you may be passed to us by a third party in the course of providing our services. The processing of this information will be necessary for the progression of your legal matter and to enable us to act in your best interests as your legal representative. We have an obligation to make you aware of anything that is relevant to your matter. When we obtain information about you from a third party we will notify you of any relevant information within a reasonable period and provide you with details including the type of data and source.
Typically the sources for such data will come from other parties involved in the transaction, lenders, other professional service firms, government bodies such as HM Land Registry or Companies House.
5. Who your information will be shared with
Depending upon the services you need we may pass your details to selected people or organisations to carry out certain activities on our behalf such as search agents.
We may be obliged by law to send your information to bodies such as courts, tribunals, HM Land Registry legal counsel, insurance brokers, law enforcement agencies, our regulator the Solicitors Regulation Authority, our professional indemnity insurer, a bank or building society providing funds in the transaction, external auditors who check our files in the course of accreditations.
At the outset we may not be aware of all the other parties involved as this will depend upon the specific nature of the work however we will not share your information with third parties for marketing purposes.
Our accounts software supplier will also have access to some of the information supplied: they have a strict duty of confidentiality and are not permitted to disseminate this information in any way.
6. Security of your data.
We will retain your information for as long as necessary to;
Carry out the legal work per our services to you;
Establish or defence of a legal claim that could be made against us (such as a negligence claim); or
Comply with legal obligations under UK or EU law for the required period of time.
Typically we will retain your file for 6 years in a property transaction and 12 years in a probate or trust matter from the date of your final bill.
Your data will be held on secure servers within the European Economic Area (EEA) with all reasonable technological and operation measures put in place to safeguard it from unauthorised access.
If we need to send your data outside the EEA if there is an international aspect of your matter and we need to instruct an overseas organisation, then we will undertake an assessment of the level of protection in the light of all the circumstances surrounding the transfer. Data protection regulations may be less strict outside the EEA and we may ask for your consent to share such information.
7. Your rights regarding the data we hold
You have a right to request a copy of the personal information we hold about you, known as a data subject access request. You also the right to request that information we hold about you which may be incorrect or may have changed is updated or removed. This will be done free of charge.
You can ask us to limit the way in which we are using your information or object to certain types of processing. We will try to comply with your request unless we have to use the information for legitimate business or legal purposes. Note that this may also limit our ability to act for you and if we have to cease to act in these circumstances you will remain liable for our fees and disbursements incurred to date.
You have the right to request that we send a copy of your personal data to another organisation for your own purposes such as when you are dealing with a service provider. If you would like us to move or transfer or copy your information to another organisation please let us know. We will respond to you within one month after assessing whether or not this is possible taking into account the technical compatibility with the other organisation.
8. Complaints about the use of your personal data
If you wish to raise a complaint on how we have handled your personal data you can contact us to have the matter investigated by writing to Frazer Shee either at our office or preferably by email to frazer@oakleyshee.com
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 UK data protection regulator, the information Commissioner’s Office. Further details can be found at wwww.ico.org.uk or call 0303 123 1133.
9. If you are not our client
Your personal data may be processed to enable us to provide legal advice to our client and may also be used in legal proceedings on behalf of our client. We are allowed to use your information because it is in the legitimate interests of our client to do so. We may also have to use your personal data to comply with our own legal and regulatory obligations. If you have any questions about how your personal data is being used please contact Frazer Shee at frazer@oakleyshee.com
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