PRIVACY NOTICE

BACKGROUND:

Capstick Dale and Partners Solicitors understands that your privacy is important to you and that you care about how your personal data is used. We respect and value the privacy of all of our clients and will only collect and use personal data in ways that are described here, and in a way that is consistent with our obligations and your rights under the law.

1. Information About Us
Capstick Dale and Partners Solicitors
224 Main Road Gidea Park Romford Essex RM2 5HA
Data Protection Officer: Jonathan Kelly
Email address: jk@capstick-dale.com
Telephone number: 01708 722466
Postal address: 224 Main Road Gidea Park Romford Essex RM2 5HA
We are authorised and regulated by the Solicitors Regulation Authority – registration number 44693.

2. What Does This Notice Cover?
This Privacy Notice is for personal data that is collected by us when we deal with any case for you, this Privacy Notice does not cover data collected via our web site. This Privacy Notice explains how we use your how it is collected, how it is held, and how it is processed. It also explains your rights under the law relating to your personal data.

3. What Is Personal Data?
Personal data is defined by the General Data Protection Regulation (EU Regulation 2016/679) (the “GDPR”) and the Data Protection Act 2018 (collectively, “the Data Protection Legislation”) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’.
Personal data is, in simpler terms, any information about you that enables you to be identified. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.
The personal data that we use is set out in Part 5, below.

4. What Are My Rights?
Under the Data Protection Legislation, you have the following rights, which we will always work to uphold:
a) The right to be informed about our collection and use of your personal data. This Privacy Notice should tell you everything you need to know, but you can always contact us to find out more or to ask any questions using the details in Part 11.
b) The right to access the personal data we hold about you. Part 10 will tell you how to do this.
c) The right to have your personal data rectified if any of your personal data held by us is inaccurate or incomplete. Please contact us using the details in Part 11 to find out more.
d) The right to be forgotten, i.e. the right to ask us to delete or otherwise dispose of any of your personal data that we hold. Please contact us using the details in Part 11 to find out more.
e) The right to restrict (i.e. prevent) the processing of your personal data.
f) The right to object to us using your personal data for a particular purpose or purposes.
g) The right to withdraw consent. This means that, if we are relying on your consent as the legal basis for using your personal data, you are free to withdraw that consent at any time.
h) The right to data portability. This means that, if you have provided personal data to us directly, we are using it with your consent or for the performance of a contract, and that data is processed using automated means, you can ask us me for a copy of that personal data to re-use with another service or business in many cases.
i) Rights relating to automated decision-making and profiling. We do not use your personal data in this way.

For more information about our use of your personal data or exercising your rights as outlined above, please contact us using the details provided in Part 11.
It is important that your personal data is kept accurate and up-to-date. If any of the personal data we hold about you changes, please keep us informed as long as we have that data.
Further information about your rights can also be obtained from the Information Commissioner’s Office or your local Citizens Advice Bureau.
If you have any cause for complaint about our use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office. We would welcome the opportunity to resolve your concerns ourselves, however, so please contact us first, using the details in Part 11.

5. What Personal Data Do You Collect and How?
We may collect and hold some or all of the personal and non-personal data set out in the table below, using the methods also set out in the table.

Data Collected How we Collect the Data
Identity Information including name, address, gender, email address, telephone numbers, marital status, any children, date of birth, passport number, driving licence number. Requested from you and contained in documents, correspondence, forms, questionnaires etc.

Contact information including address, email address, telephone numbers. Requested from you and contained in documents, correspondence, forms, questionnaires etc.
Business information including, business name, job title, business address, profession, number of employees. Requested from you and contained in documents, correspondence, forms, questionnaires etc.

Payment information including credit card details, bank account details, credit reference checks, tax details. Requested from you and contained in documents, correspondence, forms, questionnaires etc.

Data from third parties including contact information. Requested from third parties such as the court service, HM Land Registry, HM Probate Service, Local Authorities, property search providers, surveyors, valuers, and financial institutions.

Data of family and friends, including names , addresses, contact information, ages Requested from you and contained in documents, correspondence, forms, questionnaires etc .

SPECIAL NOTICE TO TRUSTEES AND PERSONAL REPRESENTATIVES

Purposes and legal basis for processing your personal data. Under new disclosure rules, Trustees are required to obtain and hold particular information about certain trusts.

If you are a Trustee, settlor, beneficiary or potential beneficiary of a relevant trust. Where we act as Trustee, the legal basis for processing your personal data is that it is necessary for compliance with our legal obligations. Where we are contracted to provide trust administration on your behalf, the processing is necessary for the performance of that contract.

The consequences if you decide not to provide your personal data. Trustees and personal representatives who fail to comply with the disclosure requirements risk fines and criminal convictions. If you decide not to supply personal data that we have requested, it will not be possible to make any income or capital distributions to you from the trust.

Who will see or use your data? Your personal data will be seen and used by staff involved in the administration of your trust. It will also be given to HMRC where required by the new disclosure rules. It is possible that HMRC will be required to send the data outside of the UK if a request is made by certain European Economic Area authorities.

6. How Do You Use My Personal Data?
Under the Data Protection Legislation, we must always have a lawful basis for using personal data. The following table describes how we may use your personal data, and our lawful basis for doing so.
The primary legal basis for processing your personal data is that the processing is necessary for the performance of our contract with you, or in order to take steps at your request prior to entering into a contract.

In addition, processing of your personal data may be necessary for compliance with our legal and professional obligations to our clients and to third parties. This includes for example, our professional and contractual duties to our clients, the courts and our obligations to regulators. It also includes other legal obligations we have, for example to identify clients and to report suspected money laundering to the National Crime Agency.

What we Do What Data we Use
Administering our business. Contact information, payment information.
Supplying our services to you. Contact information, identity information, business information, data from third parties.
Managing payments for our services. Payment information, contact information.
Communicating with you. Contact information.
Supplying you with information by email AND/OR post that you have opted-in-to (you may opt-out at any time by emailing us. Contact information.

Certain personal data is subject to additional safeguards under the data protection legislation. Such information includes details of the following
your racial or ethnic origin;
your political opinions;
your religious beliefs or other beliefs of a similar nature;
whether you are a member of a trade union;
your physical or mental health or condition;
your sexual life;
the commission or alleged commission by you of any offence, or
any proceedings for any offence committed or alleged to have been committed by you, the disposal of such proceedings or the sentence of any court in such proceedings.

It may be necessary for us to process some sensitive personal data in order to comply with legal or regulatory obligations (including making reasonable adjustments for clients with disabilities), or if we need to do so in order to seek confidential legal advice, or establish or defend legal claims.

Otherwise, we will only process your sensitive personal data with your explicit consent. If you voluntarily send us your sensitive personal data, we shall treat that as your explicit consent for us to hold that data, which otherwise shall only be processed in accordance with this Privacy Notice. Where such data is processed by us on the basis of your explicit consent, you may withdraw your consent at any time: this will not affect the lawfulness of any processing based on your consent before you withdrew it.

With your permission and/or where permitted by law, we may also use your personal data for marketing purposes, which may include contacting you by email and/or telephone and/or post with information, news, and offers on our services. You will not be sent any unlawful marketing or spam. We will always work to fully protect your rights and comply with our obligations under the Data Protection Legislation and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and you will always have the opportunity to opt-out. We will always obtain your express opt-in consent before sharing your personal data with third parties for marketing purposes and you will be able to opt-out at any time.

We will only use your personal data for the purpose(s) for which it was originally collected unless we reasonably believe that another purpose is compatible with that or those original purpose(s) and need to use your personal data for that purpose. If we do use your personal data in this way and you wish us to explain how the new purpose is compatible with the original, please contact us using the details in Part 11.

If we need to use your personal data for a purpose that is unrelated to, or incompatible with, the purpose(s) for which it was originally collected, we will inform you and explain the legal basis which allows us to do so.

In some circumstances, where permitted or required by law, we may process your personal data without your knowledge or consent. This will only be done within the bounds of the Data Protection Legislation and your legal rights.

7. How Long Will You Keep My Personal Data?
We will not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected. Your personal data will therefore be kept for the following periods (or, where there is no fixed period, the following factors will be used to determine how long it is kept):

Type of Data How Long we Keep It
Identity information including name, address, gender, email address, telephone numbers, marital status, any children, date of birth, passport number, driving licence number. 10 Years to enable us to access the information to comply with legislative functions or legal requirements and provide you with copies on request.
Contact information including address, email address, telephone numbers. 10 Years to enable us to access the information to comply with legislative functions or legal requirements and provide you with copies on request.

Business information including, business name, job title, business address, profession, number of employees. 10 Years to enable us to access the information to comply with legislative functions or legal requirements and provide you with copies on request.

Payment information including credit card details, bank account details. 10 Years to enable us to access the information to comply with legislative functions or legal requirements and provide you with copies on request.

8. How and Where Do You Store or Transfer My Personal Data?
We will only store or transfer your personal data within the UK. This means that it will be fully protected under the Data Protection Legislation.

The security of your personal data is essential to us, and to protect your data, we take a number of important measures, including the following:
• limiting access to your personal data to those employees, agents, contractors, and other third parties with a legitimate need to know and ensuring that they are subject to duties of confidentiality;
• procedures for dealing with data breaches (the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, your personal data) including notifying you and/or the Information Commissioner’s Office where we are legally required to do so.

9. Do You Share My Personal Data?
We will not share any of your personal data with any third parties for any purposes, subject to the following exceptions.
If we sell, transfer, or merge parts of our business or assets, your personal data may be transferred to a third party. Any new owner of our business may continue to use your personal data in the same way(s) that we have used it, as specified in this Privacy Notice.

In some limited circumstances, we may be legally required to share certain personal data, which might include yours, if we are involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.

We may need to share your personal data with relevant third parties for example other professional advisers, auditors, counter parties, witnesses, courts and tribunals in order to fulfil our legal and professional obligations, or to undertake searches about you (e.g. identity verification or credit searches using agencies such as GBG ID3global, TransUnion, Creditsafe and Legalinx), or where you ask us to share your personal data.

Exceptionally we might need to share your personal data in order to obtain necessary confidential legal advice or to comply with our insurance, legal or regulatory obligations. For example, we may have to provide some or all of the information to our insurers, legal advisors, the Legal Ombudsman, the Solicitors Regulation Authority or other supervisory bodies, public authorities such as HMRC, or to a court or tribunal.

We may sometimes contract with the following third parties to supply services.

Recipient Activity Carried Out Sector Location
Local authorities Property searches Local authority England and Wales
Property Search providers Property searches Legal England and Wales
Estate Agents Sell property for probate Property England and Wales
Tracing Agent Finding people Legal England and Wales
Land Registry Conveyancing Legal England and Wales
Court Service Litigation Legal England and Wales
Probate Registry Probate Legal England and Wales
Barristers Chamber Legal services Legal England and Wales

If any of your personal data is shared with a third party, as described above, we will take steps to ensure that your personal data is handled safely, securely, and in accordance with your rights, our obligations, and the third party’s obligations under the law, as described above in Part 8.

If any personal data is transferred outside of the European Economic Area, we will take suitable steps in order to ensure that your personal data is treated just as safely and securely as it would be within the UK and under the Data Protection Legislation, as explained above in Part 8.

10. How Can I Access My Personal Data?
If you want to know what personal data we have about you, you can ask us for details of that personal data and for a copy of it (where any such personal data is held). This is known as a “subject access request”.

All subject access requests should be made in writing and sent to the email or postal addresses shown in Part 11.
There is not normally any charge for a subject access request. If your request is ‘manifestly unfounded or excessive’ (for example, if you make repetitive requests) a fee may be charged to cover our administrative costs in responding.

We will respond to your subject access request within 21 days and, in any case, not more than one month of receiving it. Normally, we aim to provide a complete response, including a copy of your personal data within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three months from the date we receive your request. You will be kept fully informed of our progress.

11. How Do I Contact You?
To contact us about issues concerning your personal data and data protection, including to make a subject access request, please use the following details (for the attention of Jon Kelly):
Email address: jk@capstick-dale.com
Telephone number: 01708 722466
Postal address: 224 Main Road Gidea Park Romford Essex RM2 5HA

12. Changes to this Privacy Notice
We may change this Privacy Notice from time to time. This may be necessary, for example, if the law changes, or if we change our business in a way that affects personal data protection.
Any changes will be made available on our web page. This Privacy Notice was last updated on 16 May 2019.