The recent judgment in TFS Stores Limited v BMG (Ashford) Limited et al [2019] EWHC 1363 (Ch)...
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 if 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 UK) 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 used in this policy:
We, us, our | Clarkson Wright & Jakes Ltd and Clarkson Wright & Jakes Services LLP |
Our data protection partner | Jill Lawton Email: jill.lawton@cwj.co.uk Direct line: 01689 887855 Mobile: 07787 228007 Valiant House, 12 Knoll Rise Orpington, Kent, BR6 0PG |
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 relating to criminal convictions and offences or related security measures |
Data Protection Partner
We are not required under GDPR to appoint a Data Protection Officer (DPO)as we are not a public authority or body, our core activities do not consist of data processing operations that require regular and systematic monitoring of data subjects on a large scale, nor do our core activities consist of large-scale processing of special categories of data (sensitive data such as personal information on health, religion, race or sexual orientation) and/or personal data relating to criminal convictions and offences. We have chosen not to appoint a DPO voluntarily. We have made suitable alternative arrangements by appointing a Data Protection Partner who oversees data protection.
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. It also covers data that we will or may collect as part of our business relationship with you, for example in relation to introductions or recommendations.
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, eg your date of birth or passport details
Electronic contact details, eg your email address and mobile phone number
Information relating to the matter in which you are seeking our advice or representation
Information to enable us to undertake a credit or other financial checks on you
Information about your use of our IT, communication and other systems, and other monitoring information | Your National Insurance and tax details
Your bank and/or building society details
Details of your professional online presence, eg LinkedIn profile
Details of your spouse/partner and dependants or other family members, eg if you instruct us on a family matter or a will
Your employment status and details including salary and benefits and your employment records including, where relevant, records relating to sickness and attendance, performance, disciplinary, conduct and grievances (including relevant special category personal data), eg if you instruct us on matter related to your employment or in which your employment status or income or records are relevant
Details of your pension arrangements, eg if you instruct us on a pension matter or in relation to financial arrangements following breakdown of a relationship
Your financial details so far as relevant to your instructions, eg the source of your funds if you are instructing on a purchase transaction
Your racial or ethnic origin, gender and sexual orientation, religious or similar beliefs, eg if you instruct us on a discrimination claim
Your trade union membership, eg if you instruct us on a discrimination claim or your matter is funded by a trade union
Personal identifying information, such as your hair or eye colour or your parents’ names, eg if you instruct us to incorporate a company for you
Your medical records, eg if we are acting for you in a personal injury claim |
This personal data is required to enable us to provide our service to you. If you do not provide personal data we ask for, it may delay or prevent us from providing services to you.
How your personal data is collected
We collect most of this information from you. However, we may also collect information:
- from publicly accessible sources, eg Companies House or HM Land Registry;
- directly from a third party, eg:
- sanctions screening providers;
- credit reference agencies;
- client due diligence providers;
- from a third party with your consent, eg:
- your bank or building society, another financial institution or advisor;
- consultants and other professionals we may engage in relation to your matter;
- your employer and/or trade union, professional body or pension administrators;
- your doctors, medical and occupational health professionals;
- via our website including website enquiry forms - we use cookies on our website (for more information on cookies, please see our cookies policy /site/help/cookie_details.html)
- We use a tool called Ruler Analytics, this may track your activity on our website and track and record your incoming phone calls.
- via our information technology (IT) systems, eg:
- case management, document management and time recording systems;
- door entry systems and reception logs;
- automated monitoring of our websites and other technical systems, such as our computer networks and connections, CCTV and access control systems, communications systems, email and instant messaging systems.
How and why we use your personal data
Under data protection law, we can only use your personal data if we have a proper reason for doing so, eg:
- 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;
- for our legitimate interests or those of a third party; or
- where you have given consent.
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.
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 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
Screening for financial and other sanctions or embargoes
Other processing necessary to comply with professional, legal and regulatory obligations that apply to our business, eg under health and safety regulation or 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, eg policies covering security and internet use | For our legitimate interests or those of a third party, ie to make sure we are following our own internal procedures so we can deliver the right service to you |
Operational reasons, such as improving efficiency, training and quality control | For our legitimate interests or those of a third party, ie to be as efficient as we can so we can deliver the right service for you at the appropriate price |
Ensuring the confidentiality of commercially sensitive information | For our legitimate interests or those of a third party, ie 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, eg in relation to our financial performance, client base, work type or other efficiency measures | For our legitimate interests or those of a third party, ie to be as efficient as we can so we can deliver the right service for you at the appropriate price |
Preventing unauthorised access and modifications to systems | For our legitimate interests or those of a third party, ie to prevent and detect criminal activity that could be damaging for us and for you
To comply with our legal and regulatory obligations |
Updating and enhancing 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 interests or those of a third party, eg 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 or those of a third party, eg to make sure we are following our own internal procedures and working efficiently so we can deliver the right service to you |
Marketing our services to:
| For our legitimate interests or those of a third party, ie to inform you of legal developments that might be of interest to you and/ or information about our services including events |
Credit reference checks via external credit reference agencies | For our legitimate interests or a those of a third party, ie for credit control |
External audits and quality checks, eg for LawNet, ISO and/ or the audit of our accounts | For our legitimate interests or a those of a third party, ie to maintain our accreditations 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 consent.
How and why we use special category personal data
Under data protection law, we can only use special category personal data where:
- we have a proper reason for doing so (see above: How and why we use personal data), AND
- one of the ‘grounds’ for using special category personal data applies
There are ten potential grounds for using special category personal data under data protection law. Generally, where we use special category personal data, we will do so on the ground that this is necessary for establishing, exercising or defending legal claims. This includes using special category personal data, where necessary, for:
- actual or prospective court proceedings;
- obtaining legal advice; or
- establishing, exercising or defending legal rights in any other way.
Where this does not apply, we will seek explicit consent to process special category personal data.
Marketing communications
We may use your personal data to send you updates (by email, text message, telephone or post) about legal developments that might be of interest to you and/or information about our services and events.
We have a legitimate interest in processing your personal data for marketing purposes (see above ‘How and why we use your personal data’). This means we do not usually need your consent to send you marketing 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 outside Clarkson Wright & Jakes Ltd and Clarkson Wright & Jakes Services LLP for marketing purposes.
You have the right to opt out of receiving marketing communications at any time by emailing cwj@cwj.co.uk or using the ‘unsubscribe’ link in emails or ‘STOP’ number in texts.
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.
Who we share your personal data with
We routinely share personal data with:
- professional advisers who we instruct on your behalf or refer you to, eg barristers, medical professionals, accountants, tax advisors or other experts;
- other third parties where necessary to carry out your instructions, eg your mortgage provider or HM Land Registry in the case of a property transaction or Companies House;
- Clarkson Wright & Jakes Services LLP and Clarkson Wright & Jakes Notaries LLP;
- credit reference agencies;
- our insurers and brokers;
- external auditors, eg in relation to ISO accreditation and the audit of our accounts;
- our banks;
- external service suppliers, representatives and agents that we use to make our business more efficient, eg typing services, marketing agencies, document collation or analysis suppliers.
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 relating 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 restructuring. Usually, information will be anonymised but this may not always be possible. The recipient of the information will be bound by confidentiality obligations.
Where your personal data is held
Information may be held at our offices, third party agencies, service providers, representatives and agents 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’.
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. For further details on this please contact our data protection partner.
When it is no longer necessary to retain your personal data, we will delete or anonymise 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), eg:
- 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.
These transfers are subject to special rules under European and UK data protection law.
Your 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, eg if you contest the accuracy of the data |
Data portability | The right to receive the personal data you 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:
|
Not to be subject 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 us—see below: ‘How to contact us’; and
- let us have enough information to identify you (eg your full name, address and client or matter reference number);
- 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.
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.
How to complain
We hope that we 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 this privacy policy
This privacy policy was published on 1 May 2018.
We may change this privacy policy from time to time, when we do we will inform you via email.
How to contact us
Please contact us by post, email or telephone if you have any questions about this privacy policy or the information we hold about you.
Our contact details are shown below:
Our contact details | Our data protection partner’s contact details |
|---|---|
Valiant House, 12 Knoll Rise Orpington, Kent, BR6 0PG Switchboard: 01689 887887 Direct fax: 01689 887888 Email: cwj@cwj.co.uk Website: www.cwj.co.uk
| Jill Lawton Email: jill.lawton@cwj.co.uk Direct line: 01689 887855 Mobile: 07787 228007 Valiant House, 12 Knoll Rise Orpington, Kent, BR6 0PG |
Do you need extra help?
If you would like this policy in another format (for example audio, large print, braille) please contact us (see ‘How to contact us’ above).
01.09.19