Posted: 20th July 2018
PROTECTING YOUR PRIVACY
This Privacy Notice explains in detail the types of personal data we may collect about you when you interact with us. It also explains how we will store and handle that data, and keep it safe.
We know that there is a lot of information here, but we want you to be fully informed about your rights, and how Milburns Solicitors uses your data.
We hope the following sections will answer any questions you have but if not, please do get in touch with us.
It is likely that we will need to update this Privacy Notice from time to time. We will notify you of any significant changes, but you are welcome to come back and check it whenever you wish.
When you are using the Milburns Solicitors websites, Milburns Solicitors Limited is the data controller.
2. Explaining the legal bases we rely on
The law on data protection sets out a number of different reasons for which a company may collect and process your personal data, including:
In specific situations, we can collect and process your data with your consent.
For example, when you tick a box to receive email newsletters.
In certain circumstances, we need your personal data to comply with our contractual obligations.
For example, if you are using our conveyancing service we need to pass your details onto the solicitor acting for the other party.
If the law requires us to, we may need to collect and process your data.
For example, if you are using our conveyancing service we need your identification for Anti Money Laundering Regulations.
In specific situations, we require your data to pursue our legitimate interests in a way which might reasonably be expected as part of running our business and which does not materially impact your rights, freedom or interests.
For example, if you complete our feedback forms we may quote your feedback anonymously on our website or contact you about your comments.
We may also use your address details to send you direct marketing information by post, telling you about products and services that we think might interest you.
3. When do we collect your personal data?
When you visit our offices.
When you engage with us on social media.
When you instruct us to act for you we will collect personal information such as your name, address and proof of identity.
When you contact us by any means with queries, complaints or other means.
When you ask us to email you information about a service we offer.
When you enter prize draws or competitions.
When you book any kind of appointment with us or book to attend an event, for example a seminar on Probate & Trusts.
When you choose to complete any surveys we send you.
When you comment on or review our services.
When you fill in any forms. For example, if an accident happens in our offices, we may collect your personal data.
When you have given a third party permission to share with us the information they hold about you.
We collect data from publicly-available sources (such as Land Registry) when you have given your consent to share information or where the information is made public as a matter of law.
4. What sort of personal data do we collect?
- If you have instructed us we will set up an account on our IT system: your name, gender, date of birth, address, email and telephone number are used.
- Details of your interactions with us.
For example, we collect notes from our conversations with you, details of any complaints or comments you make and details of matters you instruct us on.
- Copies of documents you provide to prove your age or identity where the law requires this. (including your passport and driver's licence). This will include details of your full name, address, date of birth and facial image. If you provide a passport, the data will also include your place of birth, gender and nationality.
- Bank Account details
- Your social media username, if you interact with us through those channels, to help us respond to your comments, questions or feedback.
5. How and why do we use your personal data?
If you wish to change how we use your data, you will find details in the "What are my rights" section below.
Remember, if you choose not to share your personal data with us, or refuse certain contact permissions, we might not be able to provide some services you have asked for.
Here is how we will use your personal data and why:
If we do not collect your personal data when you have asked us to act for you, we will not be able to act for you and comply with our regulatory and legal obligations.
To respond to your queries and complaints. Handling the information you sent enables us to respond. We may also keep a record of these to inform any future communication with us and to demonstrate how we communicated with you throughout. We do this on the basis of our contractual obligations to you, our legal obligations and our legitimate interests in providing you with the best service and understanding how we can improve our service based on your experience.
To process payments and to prevent fraudulent transactions. We do this on the basis of our legitimate business interests. This also helps to protect our customers from fraud.
With your consent, we will use your personal data and details of your matters to keep you informed by email, web, text, post, telephone and through our offices about relevant products and services including promotions, events, competitions and so on.
Of course, you are free to opt out of hearing from us by any of these channels at any time.
To send you communications required by law or which are necessary to inform you about our changes to the services we provide you. For example, updates to this Privacy Notice and legally required information relating to your matters. If we do not use your personal data for these purposes, we would be unable to comply with our legal obligations.
To administer any of our prize draws or competitions which you enter, based on your consent given at the time of entering.
To comply with our contractual or legal obligations to share data with law enforcement.
For example, when a court order is submitted to share data with law enforcement agencies or a court of law.
To send you survey and feedback requests to help improve our services. These messages will not include any promotional content and do not require prior consent when sent by email or text message. We have a legitimate interest to do so as this helps make our products or services more relevant to you.
Of course, you are free to opt out of receiving these requests from us at any time by informing us.
To process your instruction requests (for example with a conveyancing matter), sometimes, we will need to share your details with a third party who is providing a service (such as an estate agent or another solicitor). We do so to maintain our service with you. Without sharing your personal data, we would be unable to fulfil your request.
6. How we protect your personal data
We know how much data security matters to all our clients. With this in mind we will treat your data with the utmost care and take all appropriate steps to protect it.
We are accredited with the Cyber Essentials data security scheme. More information about this scheme can be found at https://www.cyberessentials.ncsc.gov.uk/ (please note we can not be responsible for the content of external websites)
7. How long will we keep your personal data?
Whenever we collect or process your personal data, we will only keep it for as long as is necessary for the purpose for which it was collected.
We will retain a copy of your file for between 1 and 6 years depending on they type of matter that the file relates to. In some circumstances, for example when we anticipate problems or issues with the matter, we may retain the file for longer.
At the end of that retention period, your data may either be deleted completely or anonymised, for example by aggregation with other data so that it can be used in a non-identifiable way for statistical analysis and business planning.
8. Who do we share your personal data with?
We sometimes share your personal data with trusted third parties.
For example, solicitors, barristers and IT suppliers.
Here is the policy we apply to those organisations to keep your data safe and protect your privacy:
- We provide only the information they need to perform their specific services.
- They may only use your data for the exact purposes we specify in our contract with them.
- We work closely with them to ensure that your privacy is respected and protected at all times.
- If we stop using their services, any of your data held by them will either be deleted or rendered anonymous.
- For fraud management, we may share information about fraudulent or potentially fraudulent activity in our premises or systems. This may include sharing data about individuals with law enforcement bodies.
- We may also be required to disclose your personal data to the police or other enforcement, regulatory or Government body, in your country of origin or elsewhere, upon a valid request to do so. These requests are assessed on a case-by-case basis and take the privacy of our customers into consideration.
Sometimes we will need to share your personal data with third parties and suppliers outside the European Economic Area (EEA), such as Australia or the USA.
For example, this might be required in order to act upon your instructions.
10. What are your rights over your personal data?
You have the right to request:
- Access to the personal data we hold about you, free of charge in most cases.
- The correction of your personal data when incorrect, out of date or incomplete.
- The deletion of the data we hold about you, in specific circumstances; for example, when you withdraw consent or object, and we have no legitimate overriding interest, or once the purpose for which we hold the data has come to an end (such as the end of a retention period).
- A computer file in a common format containing the personal data that you have previously provided to us, and the right to have your information transferred to another entity where this is technically possible.
- Restriction of the use of your personal data, in specific circumstances, generally while we are deciding on an objection you have made.
- That we stop processing your personal data, in specific circumstances; for example, when you have withdrawn consent, or object for reasons related to your individual circumstances.
- That we stop any consent-based processing of your personal data after you withdraw that consent.
- You can contact us to request to exercise these rights at any time by writing to us.
- If we choose not to action your request, we will explain the reasons for our refusal.
Your right to withdraw consent
Whenever you have given us your consent to use your personal data, you have the right to change your mind at any time and withdraw that consent.
Where we rely on our legitimate interest
In cases where we are processing your personal data on the basis of our legitimate interest, you can ask us to stop for reasons connected to your individual situation. We must then do so unless we believe we have a legitimate overriding reason to continue processing your personal data, such as during a retention period.
You have the right to stop the use of your personal data for direct marketing activity through all channels, or selected channels. We must always comply with your request.
Checking your identity
To protect the confidentiality of your information, we will ask you to verify your identity before proceeding with any request you make under this Privacy Notice.
If you have authorised a third party to submit a request on your behalf, we will ask them to prove they have your permission to act.
11. Contacting the Regulator
If you feel that your data has not been handled correctly, or you are unhappy with our response to any requests you have made to us regarding the use of your personal data, you have the right to lodge a complaint with the Information Commissioner's Office.
You can contact them by calling 0303 123 1113.
Or go online to www.ico.org.uk/concerns (please note we can not be responsible for the content of external websites)
If you are based outside the UK, you have the right to lodge your complaint with the relevant data protection regulator in your country of residence.
12. Any questions?
We hope this Privacy Notice has been helpful in setting out the way we handle your personal data and your rights to control it.
If you have any questions that have not been covered, please contact a member of our Compliance Team who will be pleased to help you:
- Email us at firstname.lastname@example.org
- Or write to us at Milburns Solicitors Limited, 21-23 Oxford Street, Workington, Cumbria, CA14 2AL.
This notice was last updated on 20/07/2018