Privacy Notice

Introduction

Witts Moloney Solicitors Limited is a company, registered under Company Number (09632475). Our registered office is at 3 Marlowes Court, 67 Marlowes, Hemel Hempstead, Hertfordshire, HP1 1LE. We are regulated by the Solicitors Regulation Authority under ID number

We are registered with the Information Commissioner’s Office (ICO) under registration number ZA140261. We will be the ‘data controller’ for the purpose of data protection law in relation to any personal information we hold about you. We are committed to maintaining high standards of confidentiality in relation to the information provided to us in the course of our business.

This privacy notice explains what personal information we collect from you and how we use it, the conditions under which we may disclose it to others and how we keep it secure. It will also tell you about your privacy rights and how the law protects you. Personal information is any data from which an individual can be identified.

Please read this notice carefully and contact us if you have any queries by emailing us at: admin@wmsolicitors.com

Or by writing to:

Witts Moloney
3 Marlowes Court
67 Marlowes
Hemel Hempstead
Hertfordshire
HP1 1LE

Who this privacy notice applies to

This privacy notice applies to all persons whose personal information we collect and process.

We will not disclose your personal details to any third parties unless it is necessary or we are legally obliged to do so. On those occasions when we do need to disclose your personal information, such as proceeding with your instructions or obtaining compliance or regulatory advice, we will do so in accordance with the General Data Protection Regulations (GDPR) which came into effect on 25 May 2018.

What personal information we may need from you

In the course of our business, we will need to collect and process various types of personal information for various purposes. We will only process and collect personal information where necessary for the provision of our services and where we have a legal basis to do so. We most commonly collect and process:

  • contact information for individuals (such as full name, date of birth, address, email address and telephone number). We may collect additional information to enable the identity of individuals to be verified
  • information regarding an individual’s legal requirements and personal or professional situation.

The type of information we require will vary depending on the nature of your instructions and the work you require us to do.

Your personal information will be securely stored confidentially on our computer systems and/or in paper files.

Why we need it

We need to know your personal information in order to carry out our contract with you for the provision of legal services. We will not collect any personal information from you which we do not need. The following are some examples of what we may use your personal information for (non-exhaustive):

  • Verifying your identity
  • Verifying your source of funds
  • Communicating with you
  • Obtaining insurance policies on your behalf
  • Processing your legal transaction including providing you with advice, carrying out litigation on your behalf, attending hearings on your behalf, preparing documents or to complete transactions
  • Keeping financial records of your transactions and the transactions we make on your behalf
  • Seeking advice from third parties such as legal and non-legal experts.

How we use your personal information

Data protection law requires us to have a legal basis for processing your information. In most cases we will only process your personal information:

  • so we can carry out our contract with you, or take any steps you ask us to before entering into a contract with you 

  • as necessary to comply with any legal obligations we have, such as under money laundering laws 

  • where necessary for our legitimate purposes in providing legal services and/or for the legitimate purposes of our clients in receiving those services.

When processing personal data we comply with the data protection principles and our own data protection policy and we are also bound by professional obligations of confidentiality when providing legal services. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal information for our legitimate interests. We do not use your personal information for activities where our interests are overridden by the impact on you.

Who has access to it

We will keep your personal information confidential except where:

  • We are under a legal, regulatory or professional obligation to do so (for example to comply with anti-money laundering regulations)
  • We engage other professional advisers on your behalf, such as barristers and experts for the provision of specialist advice
  • We are required to do so for the purpose of our business (this includes our regulator and our insurers).

Examples of third parties whom we may disclose your personal information to and why (non-exhaustive):

  • HM Land Registry to register a property
  • HM Revenue & Customs eg: for Stamp Duty Liability
  • The courts
  • Solicitors acting on the other side
  • Asking for an independent barrister for advice or opinion or to represent you
  • Non-legal experts to obtain advice, opinion or assistance
  • Contracted suppliers/consultants
  • External auditors or our Regulator eg SRA, The Law Society (CQS), ICO etc
  • Bank or Building Society or other financial institutions
  • Insurance companies
  • Providers of identity verification
  • Any disclosure required by law such as the prevention of financial crime and terrorism

Before we share any of your personal information with third parties we will ensure that they comply strictly and confidentially with our instructions and that they do not use your personal information for their own purposes, unless you have explicitly given your prior consent to this.

How we protect personal information

We recognise that your personal information is valuable and we take all reasonable measures in order to protect personally identifiable information from loss, misuse, alteration or destruction. We have put in place physical, electronic and managerial procedures to safeguard and secure personal information.

How long we will keep it for

We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting or reporting requirements.

To determine the appropriate retention period for personal information, we consider the amount of your personal information, the nature and sensitivity of it, the potential risk of harm from unauthorised use of disclosure, the purposes for which we processed it and whether we can achieve these purposes though other means, and the applicable legal requirements.

Once you have settled our final bill, we will retain your file in a physical and/or digital format following conclusion for between 6 and 15 years dependent upon the nature of the matter . Some files we will retain indefinitely such as Wills and Trusts. The period is set due to regulatory reasons and to ensure our business records are adequate to maintain the requisite levels of insurance to protect our clients and non-clients. If you would like more information on our file retention policy relating to your specific matter then please contact us.

Your rights

Request access to your personal information

GDPR gives you the right to see a copy of the personal information that we hold about you. You can ask us to supply you with copies of both paper and/or computer records and related information. This is called a ‘Subject Access Request’. Your request to us must be in writing and we will respond within one month from receipt of your request. Requests should be made in writing and sent to us by post to the address in section 1 above or by email to admin@wmsolicitors.com

Further information on Subject Access Requests can be obtained from the ICO at www.ico.org.co.uk

Request correction of your personal information

We take all reasonable steps to ensure the personal information we have for you is accurate and up to date. It is your responsibility to ensure that the personal information you provide is correct and that you notify us of any changes to enable us to correct our records eg: address and telephone number/s. We may need to verify the accuracy of any new information you provide to us.

Request erasure of your personal information

This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have successfully exercised your right to object to processing (see below). We may not always be able to comply with your request of erasure for specific legal reasons and the right to erasure does not apply where there is a lawful reason for us to continue processing your data. If applicable, we will explain this to you at the time of your request.

Object to processing of your personal information

You may object where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal information for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights.

Request restriction of processing your personal information

This enables you to ask us to suspend the processing of your personal information in the following scenarios: (a) if you want us to establish its accuracy; (b) where our use is unlawful but you do not want us to erase it; (c) where you need us to hold it even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use but we need to verify whether we have overriding legitimate grounds to use it.

Request transfer of your personal information

If we are asked to transfer your personal information to you or to a third party, we will provide this to you, or the third party you have chosen, in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you. This right does not require us to provide a copy of your whole file and relates to portability of your personal information only.

Right to withdraw consent

You can only exercise this right where we are relying on ‘consent’ to process your personal information. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you have a complaint about the way in which we process or have processed your personal data please contact the Office Manager, Shelley Hyam. If you remain dissatisfied you may lodge a complaint with the ICO.


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Copyright 2018. All rights reserved. Witts Moloney Solicitors is a trading name of Witts Moloney Ltd (Registered in England: 09632475). We are English Lawyers regulated and authorised by the Solicitors Regulation Authority. VAT Registration Number – 865303720 and SRA Number – 623147. | Privacy Policy