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Data & Privacy Policy

GDPR Data Privacy Policy

ADAMS LAW PRIVACY POLICY - 25 MAY 2018

Who are we?
Your privacy is important to us.  This privacy notice (“Privacy Notice”) is provided by Adams Law Solicitors (AL).  References to “we”, “our”, and “us” in this Privacy Notice are references to AL.  We are a controller of your personal data under applicable data protection laws, including from 25 May 2018, the General Data Protection Regulation (“GDPR”).  We, as a controller, determine why and how we collect and use your personal data.

What is the purpose of this Privacy Notice?
When you interact with us, we collect information about you which constitutes personal data under the GDPR.  This Privacy Notice explains how we collect, use, share, and protect your personal data.  Please read this Privacy Notice carefully to understand what we do with your personal data.  We may change this Privacy Notice from time to time and if we make any material changes then we will make the updated Privacy Notice available to you on our website or by other means.  The date at the top of this Privacy Notice indicates from when this Privacy Notice applies.

Whose personal data do we collect?
We collect and process personal data about individuals who may be current, prospective and former (i) private/individual clients and, where relevant to complete the necessary legal or related work, their spouses/civil partners, family members, third parties with whom they or we may be contracting with to complete legal transactions; (i) representatives, directors, officers, authorised signatories, employees, agents and ultimate beneficial owners of corporate entities (collectively “you).

What personal data do we collect about you?
We collect your following types of personal data: your full names (current and any previous), date of birth, residential and email addresses; passport number, driving licence details; bank account details, national insurance number; country of residence if relevant; employer’s details if relevant; details of the source of your wealth where introducing funds to our client account; credit or debit card details if paying any funds to us by such methods; to complete any related documents and/or on our website as well as any other information we may require to ask you to provide to complete work on your behalf.

How do we collect your personal data
We may collect your personal data when you (i) provide it to us as requested for our legal or in any related documents we may send to you or on our website for contacting us; (ii) provide it to us in correspondence and conversations with us; (iii)make transactions relating to your legal matter such as when you purchase a property; and (iv) provide your personal data to us in response to our anti-money launder (AML), counter-terrorist financing (CTF) and know-your-customer (KYC) requests.  If you use our website or otherwise interact with us online, we may also collect certain information automatically from your computer or device.  This information (eg cookies, IP addresses) may be considered personal data under applicable laws.  Our online privacy notice and cookie policy are available on our website and provide you with further information about how we use your personal data we collect online.

Do we collect data about you from third parties?
We may also collect your personal data such as your name, residential address, and other contact or authentication information from third party sources, eg if relevant: from your employer; credit reference agencies; online AML checking sources to verify your identity; government bodies, authorities, other legal entities, and from publicly accessible sources to establish and verify your identity to carry out AML, CTF, and KYC checks or to find out your contact details if we are unable to contact you.

How will be use your personal data?
This section of this Privacy Notice explains for what purposes we use your personal data and on which legal bases we rely on to ensure that we process your personal data lawfully.  Our legal bases for collecting and using your personal data will include:

a)    to perform our contract with you when you ask us to act on your behalf eg to verify your identity; set up and open a new client file/client ledger account in your name;
b)    to comply with our many legal obligations, including but not limited to those laid down in the (i) AML and CTF laws and regulations, and screening against sanctions lists; (ii) the Law Society of Scotland regulations for Scottish Solicitors; (iii) the Scottish Courts; (iv) where relevant any government bodies eg HMRC or Revenue Scotland; and Companies House;
c)    to pursue our or a third party’s (eg where relevant, including but not limited to government bodies) legitimate interests which do not override your interests or fundamental rights and freedoms, such as: (i) recovering debts owed by you to us; (ii) mitigating business and operational risks; (iii) complying with internal policies; (iv) sharing your personal data within AL for internal administrative purposes; (v) investigating, detecting and preventing fraud and other crime; (vi) ensuring network and information security; (vii) purchasing services from third parties which support us in providing our services to you and in complying with our legal obligations; (viii) recording and monitoring calls and electronic communications for record keeping, security, quality, staff training, and other business purposes; (ix) developing, improving and informing you about AL’s products and services where relevant or simply keeping in touch with you eg Christmas or Welcome to your New Home cards etc; (x) maintaining the relationship and otherwise interacting with you; (xi) undertaking business analysis and market research relevant to our business; (xii) protecting AL’s interests, including establishing, exercising and defending legal rights and claims; and (xiii) ensuring that our services providers, agents and delegates – where relevant - can also comply with their domestic and foreign legal and regulatory obligations.  When evaluating whether legitimate interests can be relied on as a legal basis for the processing activities described above, a balancing test is carried out to ensure that the use of your personal data will not be overridden by your interests or fundamental rights and freedoms and you can obtain further information about the balancing test by contacting us using the contact details provided below;
d)    if you are a politically exposed person and we need to use personal data about your political opinions or trade union membership to allow you to invest in a fund, we will rely on the legal basis that this information is manifestly made public or is necessary for reasons of substantial public interest on the basis of applicable laws; and
e)    in certain circumstances but subject to any applicable laws, your consent, however we will make this clear to you at the time of collection of your personal data, and you will have the right to withdraw your consent at any time.

What are the consequences if you fail to provide us with the requested personal data?
If we ask you to provide us with your personal data to comply with a legal requirement, or to allow us to enter into or perform a contract with you, we will advise you (eg in our terms of business letter or otherwise) whether you are obliged to provide the personal data as well as of the possible consequences if you fail to do so.  For example, if you do not provide the correct information for eg AML, CTF, KYC or for any tax purposes or about the source of your wealth, we may reject or delay the processing of your case and/or suspend any payments made into our firm’s client account until the relevant and correct information is received to our satisfaction.

Who do we share your personal data with?
We may share your personal data for the purposes described in this Privacy Notice with our regulatory body, The Law Society of Scotland, (if necessary, the Scottish Legal Complaints Commission, government bodies/agencies, the Scottish (or where relevant English) Courts, service providers, agents, delegates such as administrative staff, auditors, surveyors, accountants, our firm’s bankers, and any other relevant professional business advisers.  Where we use third parties who process your personal data on our behalf as a processor, we ensure they do so in accordance with our instructions and that they put in appropriate technical and organisational security measures in place to adequately protect your personal data.

Where we share your personal data with our service providers eg our case management system providers, we may allow them to process it as controllers under their privacy notices solely for the purposes of providing their services to us, complying with their own (and their service providers’, agents’ and delegates’) legal obligations or pursuing their legitimate interests as described above in this Privacy Notice, but strictly in connection with the provision of their services to us and in accordance with applicable laws.  We do not allow our services providers to market to you for their own purposes unless they obtain your consent.  In certain circumstances, we or they may inform you about how you can access their privacy notices, which will give you further information as to how they use your personal data and how you can exercise your rights in relation to your personal data.

We may disclose your personal data for the purposes set out in this Privacy Notice to other third parties eg. Courts, government agencies, tax and other regulatory authorities where we are legally obliged to do so or in our reasonable opinion such disclosure is necessary to comply with applicable laws and legal processes, support an investigation or to protect our rights and interests.  We may also share your personal data with a potential buyer in connection with any proposed purchase, merger or acquisition of any part of our business.

In certain circumstances (which will be discussed with you and which you will be aware of in advance) and only where required or necessary, your personal data may have to be transferred to countries outside the European Economic Area, including the United States, India and Hong Kong.  Where the level of protection of personal data in those countries has not been deemed adequate by the European Commission, we put a standard data protection clauses in place (as approved by the European Commission) to provide appropriate safeguards to ensure that your personal data will remain adequately protected in accordance with applicable data protection laws.  A copy of the standard data protection clauses in such a scenario can be found at:             https://ico.org.uk/media/1571/model_contract_clauses_international_transfers_of_personal_data.pdf .

How to we protect your personal data?
To protect the security of your personal data, we implement appropriate technical and organisational security measures which include physical and technical security safeguards and a governance model that ensures that adequate policies, procedures and controls are in place within our organisation.

How long do we hold your personal data for?
We may retain your personal data for as long as it remains necessary in relation to the purposes we collected the information for.  When determining the appropriate retention period, we consider the risks of the processing, our contractual, legal and regulatory obligations, internal data retention policies and our legitimate business interests as described in this Privacy Notice.

What are your rights in relation to the personal data we hold about you?
Subject to the conditions prescribed in applicable laws, and our contractual, legal and regulatory obligations, you have the right: (i) to access, rectify or request erasure of your personal data; (ii) to ask us to restrict processing of it; (iii) to request portability of it; (iv) to object, on grounds relating to your particular situation, to processing of your personal data which is based on our or a third party’s legitimate interests; and (v) to object to processing of your personal data for direct marketing purposes.  You can exercise these rights by contacting us using the contact details provided below.  You also have the right to lodge a complaint with a supervisory authority about our use of your personal data in the EU Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of your personal data infringes the GDPR.

How can you contact us?
If you have any questions or concerns about our use of your personal data, please contact us in writing at Adams Law Solicitors, 19 Newton Street, Blairgowrie PH10 6HT or email farah@adams-law.co.uk.

Cookies

What are Cookies?
Cookies are text files containing small amounts of information, often including a unique identifier, which are downloaded to your computer when you visit a website - if your browser preferences allow it. Cookies are then accessed by the originating website on each subsequent visit. Cookies are useful because they allow a website to recognise a user’s computer.

How are cookies used on our website?
The cookies we use are there to allow you to perform the services you require and to assist us in providing a better website for our users. We do not use cookies to store information that identifies you as an individual. Details on cookies used are provided below. We encourage you to accept the cookies we serve. However, if you wish to restrict or block the cookies which are set by our or any other website, you can do this through your browser settings. Please see the ‘How to control and delete cookies’ section for more information.

Google Analytics
We use Google Analytics cookies to hold information about your visit to our site. This helps us better identify the use and popularity of our services and how successfully the website is functioning. If you do not wish us to do this, you can opt out of the Analytics service by installing an add-on for your browser. This can be found at http://tools.google.com/dlpage/gaoptout. Alternatively you can delete/restrict the cookies as for any other cookie - see ‘How to control and delete cookies’ for more information.

Types of cookies
Session cookies are created temporarily when a user visits a website. Once the user leaves the site/closes the browser, the session cookie is deleted.  A persistent cookie file remains on the user’s computer and is re-activated when the user visits the website that created that particular cookie. These cookies expire after a certain period (set in the file), or can be removed manually.

Classification of cookies
The cookies on this website have additionally been categorised based on the categories found in the International Chamber of Commerce (ICC) UK Cookie Guide:

Category

Description

Strictly necessary cookies

These cookies are essential in order to enable you to move around the website and use its features, such as accessing secure areas of the website.

Performance cookies

These cookies collect information about how visitors use a website, for instance which pages visitors go to most often, and if they get error messages from web pages. These cookies don’t collect information that identify a visitor. All information these cookies collect is aggregated and therefore anonymous.

Functionality cookies

These cookies allow the website to remember choices you make [such as your username, language or the region you are in] and provide enhanced, more personal features. For instance, a website may be able to provide you with local weather reports or traffic news by storing in a cookie the region in which you are currently located. These cookies can also be used to remember changes you have made to text size, fonts and other parts of web pages you can customise. They may also be used to provide services you have asked for such as watching videos or commenting on a blog. The information these cookies collect may be anonymised and they cannot track your browsing activity on other websites.

Targeting/advertising cookies

These cookies are used to deliver adverts more relevant to you and your interests. They are also used to limit the number of time you see an advertisement as well as help measure the effectiveness of the advertising campaign.

 

Cookies used on our website

Cookie Name

Cookie Description

Cookie Classification

Cookie Behaviour

PHPSESSID

This cookie is part of the scripting language that runs our site, and allows information to be passed between pages as you navigate through the site. For instance, should you use the online booking enquiry form, if you need to go back and correct any information on the form, this cookie helps by ensuring you don't have to type in all the information again. This cookie does not store any personally identifiable information and is deleted when you close your browser.

Strictly necessary cookie

Session cookie - disappears when the user closes the browser.

_utma

Google Analytics.
Used by Google Analytics to track user count of visits to a site, when a first visit was, and a last visit.

Performance cookie

Persistent cookie, lasts for 2 years

_utmb

Google Analytics.
Used by Google Analytics to track exactly when a user visits a site.

Performance cookie

Persistent cookie, lasts for 30 minutes

_utmc

Google Analytics. Used by Google Analytics to track exactly when a user leaves a site.

Performance cookie

Session cookie - disappears when the user closes the browser.

_utmz

Google Analytics.
Used by Google Analytics to track how a user got to this site (where from), what link was used, what part of the world.

Performance cookie

Persistent, lasts for 6 months.

Cookieconfirmed

We ask a question about if you’re happy for us to use cookies on our site.  This cookie stores your answer to that question so that we don’t have to keep asking you it every time you visit.

Strictly necessary cookie

Persistent, lasts for 90 days.

 

How to control and delete cookies
You can manage cookie usage through your browser settings. The help function in your preferred browser should provide you with the correct information. Some browsers provide helpful cookie guides:

Alternatively, http://www.allaboutcookies.org provides advice on how to do this, and further information on cookies and how to manage them.


N.B. In the case of some mobile devices, it may be necessary to consult the device’s instruction manual to manage cookies effectively.

Need more information?
If you have any questions or comments about our cookie policy, please contact us by emailing farah@adams-law.co.uk

 

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