Probate Solicitors Limited - Privacy Policy

We take your privacy very seriously.  Please read this privacy policy carefully as it contains important information on who we are and how and why we collect, store, use and share your personal data.  It also explains your rights in relation to your personal data and how to contact us or supervisory authorities in the event you have a complaint.


When we use your personal data we are regulated under the General Data Protection Regulation (GDPR) which applies across the European Union (including in the United Kingdom) and we are responsible as ‘controller’ of that personal data for the purposes of the GDPR.  Our use of your personal data is subject to your instructions, the GDPR, other relevant UK and EU legislation and our professional duty of confidentiality.

Key terms
It would be helpful to start by explaining some key terms use in this policy:

Personal data

Any information relating to an identified or identifiable individual

Special category personal data

Personal data revealing racial or ethnic origin, political opinions, religious beliefs, philosophical beliefs or trade union membership
Genetic and biometric data
Data concerning health, sex life or sexual orientation

Personal data we collect about you

The table below sets out the personal data we will or may collect in the course of advising and/or acting for you.


Personal data we will collect

Personal data we may collect depending on why you have instructed us

  • Your name, address and telephone number
  • Information to enable us to check and verify your identity, e.g. your date of birth or passport details
  • Electronic contact details, e.g. your email address and mobile phone number
  • Information relating to the matter in which you are seeing advice or representation
  • Your financial details so far as relevant to your instructions, e.g. the value of your assets and indebtedness if you instruct us on a matter where your overall wealth or the value of a particular asset is relevant
  • Your National Insurance and tax details
  • Your bank and/or building society details
  • Details of your professional online presence, e.g. LinkedIn profile
  • Details of your spouse/partner and dependants or other family members, e.g. if you instruct us on a family matter or a will
  • Your employment status and details including salary and benefits, e.g. if you instruct us on matter related to your employment or in which your employment status or income is relevant
  • Your nationality and domicile status, e.g. if you instruct us on a matter where they are relevant
  • Information about your use of our IT, communication and other systems, and other monitoring information, e.g. if you complete online templates we send to you or you contact us via our website
  • Personal identifying information, such as your hair or eye colour or your parents’ names, e.g. if you instruct us to incorporate a company for you
  • How your personal data is collected

    This personal data is required to enable us to provide our services to you. If you do not provide personal data we ask for, it may delay or prevent us from providing services to you.

    We collect most of this information from you.  However, we may also collect information from other sources:

  • From publicly accessible sources, e.g. Companies House or HM Land Registry
  • From a third party with your consent, e.g.:
  • 1. Your bank or building society, another financial institution or adviser;
    2. Consultants and other professionals we may engage in relation to your matter;
    3. Your employer, pension administrators or other professional advisors such as accountants or surveyors;
    4. Your doctors, medical and occupational health professions;
    5.Trustees of any trusts you have settled or from which you may benefit.

    • Via our website – e.g.: through contact forms and the use of cookies
    • Via our information technology (IT) systems, e.g.; case management, document management and time recording systems, meeting recording systems, electronic calendars, telecommunications systems and email.

    How and why we use your personal data

    Under data protection law, we can only use your personal data without your specific consent if we have a proper reason for doing so. We rely on three separate reasons to lawfully use your data, which are:

    • To comply with our legal and regulatory obligations;
    • For the performance of our contract with you or to take steps at your request before entering into a contract, or
    • For our legitimate interests.

    A legitimate interest is when we have a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests.
    If we cannot rely on one of the above reasons to use your data, such as if we are to use your special category personal data, we will request your explicit consent to do so.
    The table below explains what we use (process) your personal data for and our reasons for doing so:

    What we use your personal data for

    Our reasons

    To provide legal and/or tax advisory services to you

    For the performance of our contract with you or to take steps at your request before entering into a contract

    Conducting checks to identify our clients and verify their identity. Other processing necessary to comply with professional, legal and regulatory obligations that apply to our business, e.g. rules issued by our professional regulator

    To comply with our legal and regulatory obligations

    Gathering and providing information required by or relating to audits, enquiries or investigations by regulatory bodies

    To comply with our legal and regulatory obligations

    Ensuring business policies are adhered to, e.g. policies covering security and internet use

    For our legitimate interests, i.e. to make sure we are following our own internal procedures so we can deliver the best service to you

    Operational reasons, such as improving efficiency, training and quality control

    For our legitimate interests, i.e. to be as efficient as we can so we can deliver a quality service for you

    Ensuring the confidentiality of commercially sensitive information

    For our legitimate interests, i.e. to protect our intellectual property and other commercially valuable information
    To comply with our legal and regulatory obligations

    Statistical analysis to help us manage our practice, e.g. in relation to our financial performance, client base, work type or other efficiency measures

    For our legitimate interests , i.e. to be as efficient as we can so we can
    deliver a quality service for you

    Preventing unauthorised access and modifications to systems

    For our legitimate interests, i.e. to prevent and detect criminal activity that could be damaging for us and for you
    To comply with our legal and regulatory obligations

    Updating client records

    For the performance of our contract with you or to take steps at your request before entering into a contract
    To comply with our legal and regulatory obligations
    For our legitimate, e.g. making sure that we can keep in touch with our clients about existing and new services

    Statutory returns

    To comply with our legal and regulatory obligations

    Ensuring safe working practices, staff administration and assessments

    To comply with our legal and regulatory obligations
    For our legitimate interests, e.g. to make sure we are following our own internal procedures and working efficiently so we can deliver the best service to you

    Marketing our services to you

    For our legitimate interests, i.e. to promote our business to existing, former and prospective clients

    External audits and quality checks, e.g. for Lexcel, ISO or Investors in People accreditation and the audit of our accounts

    For our legitimate interests, i.e. so we can demonstrate we operate at the highest standards
    To comply with our legal and regulatory obligations

    The above table does not apply to special category personal data, which we will only process with your explicit oral or written consent.
    Where your personal data is held
    Information may be held at our offices and those of our third party service providers as described above (see ‘Who we share your personal data with)’
    Some of these third parties may be based outside the European Economic Area.  For more information, including on how we safeguard your personal data when this occurs, see below: ‘Transferring your personal data out of the EEA’.
    Promotional communications
    We may use your personal data to update you (by email, telephone or post) about legal and tax developments that might be of interest to you and/or information about our existing and new services.
    We have a legitimate interest in processing your personal data for promotional purposes (see above ‘How and why we use your personal data’).  This means we do not usually need your consent to send you promotional communications.  However, where consent is needed, we will ask for this consent separately and clearly.
    We will always treat your personal data with the utmost respect and never share it with other organisations for marketing purposes.
    You have the right to opt out of receiving promotional communications at any time by:

    • Advising us by email to the person dealing with your case that you no longer wish to receive such communications (their email address will be on our letters and emails)
    • Using the ‘unsubscribe’ link in promotional emails

    We may ask you to confirm or update your marketing preferences if you instruct us to provide further services in the future, or if there are changes in the law, regulation, or the structure of our business.
    The table below explains what we use (process) your personal data for and our reasons for doing so:

    What we use your personal data for

    Our reasons

    To provide legal and/or tax advisory services to you

    For the performance of our contract with you or to take steps at your request before entering into a contract

    Conducting checks to identify our clients and verify their identity
    Other processing necessary to comply with professional, legal and regulatory obligations that apply to our business, e.g. rules issued by our professional regulator

    To comply with our legal and regulatory obligations

    Gathering and providing information required by or relating to audits, enquiries or investigations by regulatory bodies

    To comply with our legal and regulatory obligations

    Ensuring business policies are adhered to, e.g. policies covering security and internet use

    For our legitimate interests, i.e. to make sure we are following our own internal procedures so we can deliver the best service to you

    Operational reasons, such as improving efficiency, training and quality control

    For our legitimate interests, i.e. to be as efficient as we can so we can
    deliver a quality service for you

    Ensuring the confidentiality of commercially sensitive information

    For our legitimate interests, i.e. to protect our intellectual property and other commercially valuable information
    To comply with our legal and regulatory obligations

    Statistical analysis to help us manage our practice, e.g. in relation to our financial performance, client base, work type or other efficiency measures

    For our legitimate interests , i.e. to be as efficient as we can so we can
    deliver a quality service for you

    Preventing unauthorised access and modifications to systems

    For our legitimate interests, i.e. to prevent and detect criminal activity that could be damaging for us and for you
    To comply with our legal and regulatory obligations

    Updating client records

    For the performance of our contract with you or to take steps at your request before entering into a contract
    To comply with our legal and regulatory obligations
    For our legitimate, e.g. making sure that we can keep in touch with our clients about existing and new services

    Statutory returns

    To comply with our legal and regulatory obligations

    Ensuring safe working practices, staff administration and assessments

    To comply with our legal and regulatory obligations
    For our legitimate interests, e.g. to make sure we are following our own internal procedures and working efficiently so we can deliver the best service to you

    Marketing our services to you

    For our legitimate interests, i.e. to promote our business to existing, former and prospective clients

    External audits and quality checks, e.g. for Lexcel, ISO or Investors in People accreditation and the audit of our accounts

    For our legitimate interests, i.e. so we can demonstrate we operate at the highest standards
    To comply with our legal and regulatory obligations

    The above table does not apply to special category personal data, which we will only process with your explicit oral or written consent.


    Who we share your personal data with
    We would expect to share personal data with:

    • Professional advisers who we instruct on your behalf or refer you to, e.g. barristers, medical professionals, accountants, trustees or other experts;
    • Other third parties where necessary to carry out your instructions; e.g. HM Revenue & Customs, HM Land Registry or Companies House;
    • Our banks and our insurance brokers;
    • External auditors, e.g. in relation to Lexcel accreditation and the audit of our accounts;
    • External service suppliers that we use to make our business more efficient, e.g. document destruction, document storage and Information Technology providers.

    We only allow our service providers to handle your personal data if we are satisfied they take appropriate measures to protect your personal data.  We also impose contractual obligations on service providers to ensure they can only use your personal data to provide services to us and to you.
    We may disclose and exchange information with law enforcement agencies and regulatory bodies to comply with our legal and regulatory obligations.
    We may also need to share some personal data with other parties, such as potential buyers of some or all of our business or during a re-structuring.  Usually, information will be anonymised but this may not always be possible.  The recipient of the information will be bound by confidentiality obligations.


    How long your personal data will be kept
    We will keep your personal data after we have finished advising or acting for you.  We will do so for one of these reasons:

    • To respond to any questions, complaints or claims made by you or on your behalf;
    • To show that we treated you fairly;
    • To keep records required by law.

    We will not retain your data for longer than necessary for the purposes set out in this policy.  Different retention periods apply for different types of data.
    When it is no longer necessary to retain your personal data, we will delete it.


    Transferring your personal data out of the EEA
    To deliver services to you, it is sometimes necessary for us to share your personal data outside the European Economic Area (EEA), e.g.:

    • With your and our service providers located outside the EEA;
    • If you are based outside the EEA;
    • Where there is an international dimension to the matter in which we are advising you.

    When it is necessary for us to share your personal data outside the EEA, we will take steps to ensure your data is protected to an equivalent standard as within the EEA.


    Keeping your personal data secure
    We have appropriate security measures to prevent personal data from being accidentally lost, or used or accessed unlawfully.  We limit access to your personal data to those who have a genuine business need to access it.  Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.
    We also have procedures in place to deal with any suspected data security breach.  We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.
    If you want detailed information from Get Safe Online on how to protect your information and your computers and devices against fraud, identity theft, viruses and many other online problems, please visit www.getsafeonline.org Get Safe Online is supported by HM Government and leading businesses.


    Your access rights
    You have the following rights, which you can exercise free of charge:


    Access

    The right to be provided with a copy of your personal data

    Rectification

    The right to require us to correct any mistakes in your personal data

    To be forgotten

    The right to require us to delete your personal data – in certain situations

    Restriction of processing

    The right to require us to restrict processing of your personal data – in certain circumstances, e.g. if you contest the accuracy of the data

    Data portability

    The right to receive the personal data you have provided to us, in a structured, commonly used and machine readable format and/or transmit that data to a third party – in certain situations

    To object

    The right to object:

    • At any time to your personal data being processed for direct marketing (including profiling);
    • In certain other situations to our continued processing of your personal data, e.g. processing carried out for the purpose of our legitimate interests

    Not to be subjected to automated individual decision-making.

    The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you

    For further information on each of those rights, including the circumstances in which they apply, please contact us or see the Guidance from the UK Information Commissioner’s Office (ICO) on individuals’ rights under the General Data Protection Regulation.
    If you would like to exercise any of those rights, please:

    • Email, call or write to our Data Protection Officer – see below: ‘How to contact us’, and
    • Let us have enough information to identify you (e.g. your full name, address and client or matter reference number), and
    • Let us have proof of your identity and address (a copy of your driving licence or passport and a recent utility or credit card bill), and
    • Let us know what right you want to exercise and the information to which your request relates.

    How to complain
    We hope that our Data Protection Officer can resolve any query or concern you may raise about our use of your information.
    The General Data Protection Regulation also gives you right to lodge a complaint with a supervisory authority, in particular in the European Union (or European Economic Area) state where you work, normally live or where any alleged infringement of data protection laws occurred.  The supervisory authority in the UK is the Information Commissioner who may be contacted at https://ico.org.uk/concerns or telephone: 0303 123 1113.


    Changes to the privacy policy
    This privacy policy was published on 22 May 2018.  We may change this privacy policy from time to time.


    How to contact us
    Please contact our Data Protection Officer by post, email or telephone if you have any questions about this privacy policy or the information we hold about you.
    Our Data Protection Officer’s contact details are shown below:

    Mr Richard Arney
    Probate Solicitors Limited
    1705 High Street
    Knowle
    Solihull
    B93 0LN

    Tel: 01564 758055

     

    Published 22/05/2018
    Last updated 06/12/2018

    If you would like help on this please contact us on 01564 758055

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    Probate Solicitors Limited t/a PSL is authorised & regulated by the Solicitors Regulation Authority in England and Wales No. 545298   
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