Your privacy is important to us and we are committed to keeping your information secure and managing it in accordance with our legal responsibilities under applicable data protection laws. We are registered with the UK Information Commissioner's Office (ICO) as a data controller.
Please read this Privacy Statement carefully as it contains important information to help you understand how and why we process any personal information that you give to us.
What is an IMO?
We have a designated person who is responsible for our data management. We call that person an Information Management Officer or IMO. That is not a statutory role. There is a formal obligation to have a Data Protection Officer or DPO in certain circumstances, but we do not meet those circumstances. Therefore, the first point of contact for any concerns you have in relation to your data for whatever reason is our IMO.
Who is our IMO?
Our IMO is Reena Popat who can be contacted by email: email@example.com telephone: 020 3745 7271 or post: Carter Bond Wills and Probate Limited, Stanmore Business & Innovation Centre, Stanmore Place, Howard Road, Stanmore HA7 1BT
Our role as Data Controller
When we at Carter Bond Wills and Probate Limited make all the decisions about how your data is processed, we are acting as the data controller. However, when we are processing your personal data on behalf of a third party in accordance with their strict instructions, we are acting as a data processor. This privacy notice complies with our obligations to provide you with information as a data controller.
What is Data?
In this document, we adopt the same definitions as the GDPR, in particular:
Personal data ‘means any information relating to an identified or identifiable natural personal (“data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person’.
What information we collect
We process personal information which you give us:
- As a client to provide you with our services.
- Whilst servicing your account through our website, in writing or over the phone.
- If you request information or assistance from us.
What personal information we process
- Personal details such as your date of birth, address, National Insurance Number, telephone number and email address.
- Identity information such as your passport, driving licence, utility bills or national identity card.
- Credit history and records relating to you, your partner or anyone else you are financially linked with (we obtain this information from credit reference and fraud prevent agencies).
- Family, lifestyle, financial and social circumstances.
- Financial details such as your income and information about your bank accounts.
- Employment/self-employment details.
- Usage information such as how you use our website and services.
- Technical information such as internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access our website.
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
Special categories of personal data
Special categories of personal data include information about an individual's health and other categories of personal information which are closely protected.
We do not generally process such information unless you have voluntarily provided this to us, or it is relevant to the legal service you have asked us to provide you with.
What do we need to tell you?
We are legally obliged to inform you of the following information relating to the data we hold on your behalf on you that we have collected from you. If you do not understand any of the concepts used in this notice or require further clarification, please do not hesitate to contact our IMO whose details are stated above.
How is your information collected?
We use different methods to collect data from and about you including through:
- Direct interactions. You may give us the personal information as stated above by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
a) Create an account on our website or on our case management system;
b) Subscribe to our service or publications; or
c) Request marketing to be sent to you.
- Automated technologies or interactions. As you interact with our website, we may automatically collect technical and usage information about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive technical data about you if you visit other websites employing our cookies. Please see our cookies policy for further details.
- Identity and Contact Data from publicly available sources such as Companies House and the Electoral Register based inside the UK and the EU.
- Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:
a) Technical and usage information from analytics providers such as Google based outside the EU;
b) Personal and identity information from other professional services such as estate agents or financial brokers. From publicly available sources such as Companies House and the Land Registry.
The purpose of the processing:
We may need to use some information about you to:
a) delivery of our services, advice and support to you that you have requested from us;
b) manage those services we provide to you;
c) train and manage the employment of our staff who deliver those services to you;
d) help investigate any complaints you have about the services we provide to you
e) keep track of the amount of costs you may have incurred on instructing us to act on your behalf in providing those services you request us to provide;
f) check the quality of the services that we provide to you; and
g) to help with research and planning of new services.
We will only use your personal data when permitted and:
Where we need to perform the contract between us.
Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
Where we need to comply with a legal or regulatory obligation.
Where we send you marketing material we rely on your consent as a legal ground for processing your personal data. You have the right to withdraw consent to marketing at any time by emailing us at firstname.lastname@example.org or by clicking on the resource links in the material itself where applicable.
We will process your information in order to meet our contractual obligations to you, were have a legitimate interest to do so, where we are permitted by law or to comply with applicable laws and regulation.
Providing a service and internal processing
- To assess your needs and provide you with suitable products and services
- To service and administer your matter including billing
- To verify the identity of our clients
- To confirm, update and improve our client records
- To provide you with any information on the services that you have requested
- Contractual obligation to provide you with, or a proposal including a costs estimate where special categories of personal data are processed, these are necessary to assess your needs
- Legitimate interests to provide and manage the service
- To comply with legal obligations to prevent money laundering
- To comply with legal obligations in the Data Protection legislation
- To meet our contractual obligation to provide information on the services you have requested
- To manage and develop our relationship with you
- To inform you of products and services that may be of interest to you, where you have chosen to be made aware of this
- Legitimate interest to service your matter and improve our service to you
- With your consent
Training and development
- For training purposes and to improve our service to you
- Legitimate interests to improve our services and develop our employees
Complying with Legal Obligations
- To prevent, investigate and prosecute crime, fraud and money laundering
- For auditing purpose
- If we are obliged to disclose information by reason of any law, regulation or court order
- To comply with legal obligations for prevention of financial crime and money laundering
- To comply with our legitimate interest to conduct audits
- To comply with legal obligations
- To transfer information to any entity which may acquire rights in us
- For any other purpose to which you agree
- Legitimate interests for commercial interests with your consent
How we retain your personal information
We will retain your personal information in accordance with applicable laws. We will take reasonable steps to destroy or anonymise personal information we no longer need for the purposes we have set out above.
The recipients or categories of recipient to whom your personal data has been or will be disclosed
The recipients of your data depends on your relationship with us. For example, if you are a client using our legal services, if you are a visitor to our website or a subscriber to our services. In all cases, we have grouped together the different kinds of recipients of your data as follows:
- Internal Staff. Our office based and remote working staff will have access to your data to provide you with the services and support for which you engage with us.
- External “Staff”. We occasionally instruct other people who have the appearance of being directly employed by us an external consultant, for example consultant solicitors to manage or assist on for example cases on a semi-permanent or ad hoc basis as circumstances dictate. They are prior to engagement required to sign our contract for services and are therefore always subject to our rigorous data management policies.
- Third Party Service Providers. We regularly instruct third parties to assist us where necessary to ensure that you either comply with the requirements of the law or to give best service to you as a client. The former category of providers includes organisations such as HMLR or experts such as tax experts, barristers and so on, often as a consequence of a legal requirement already in place or a court order requiring us to do so. Sometimes we use third parties to optimise our services to you such as digital dictation companies, external tax advisors, external book keepers who are better able to provide technical competencies that Carter Bond Wills and Probate without the cost of employing those services full time.
How we share your information
- Where necessary or required we share information with:
- Regulatory authorities to comply with our legal obligations.
- Credit reference agencies to check your identity in accordance with our legal obligations.
- Property search companies to identify any issues that might influence your decision to buy or sell a property.
- Insurers for the purpose of providing you with appropriate financial cover for an identified insurable risk, or in connection with any claim made by you against us.
- Property agents, brokers, lenders, other solicitors involved in your transaction representing other party(ies) in your matter to enable them and us to fulfil our obligations to you.
- Other government departments such as HMRC, Companies House, Probate Registry, Court of Protection or HM Land Registry to fulfil your and our legal obligations.
- Experts and barristers required to work on your matter.
- Our auditors and external assessment bodies to achieve and maintain any regulatory or quality assurance standards and accreditations which meet our legal obligations and enable us to provide quality legal services to you.
We invest appropriate resources to protect your personal information, from loss, misuse, unauthorised access, modification or disclosure. However, no internet-based site can be 100% secure and we cannot be held responsible for unauthorised or unintended access that is beyond our control.
(1) posting the changes on our website site, or
(2) sending an email to you informing you about the changes; or
(3) writing a letter to you informing you about the changes.
Your duty to inform us of changes
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
If you are unable to provide personal data
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with legal advice). In this case, we may have to cancel a product or service you have with us, but we will notify you if this is the case at the time.
You have the right to:
Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data 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 data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data 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 data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data 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 of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data 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.
Withdraw consent at any time where we are relying on consent to process your personal data. 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.
Time limits for us to respond to your requests
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made several requests. In this case, we will notify you and keep you updated.
If you have a complaint about how we have handled your personal information you may contact us using the details below and we will investigate your complaint. You also have the right to complain to the Information Commissioner’s Office - (www.ico.org.uk ).
You can contact us by writing to us at:
Carter Bond Wills and Probate Limited
Stanmore Business and Innovation Centre, Stanmore Place,
Howard Road, Stanmore HA7 1BT
Protection Manager: Reena Popat
Telephone queries can be made to 020 3745 7271