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Privacy Notice

This privacy policy sets out how Fodens Solicitors uses and protects any information that you give Fodens Solicitors when you use our service and this website.

Fodens Solicitors may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 25/05/2018.

The EU’s General Data Protection Regulations (GDPR) and the UK Data Protection Act 2018 both apply from 25th May 2018. 

In providing you with legal advice, we will process and store your personal information, which may include special category data such as health details. We have legal and professional obligations to keep your personal information and special category data confidential. We comply with UK and EU data protection laws and with the Solicitors Regulation Authority rules on client and data confidentiality.

What information do we hold about you?

The information we hold may include personal information and special category data. It will typically include:

• Clients name, address, phone number/s, email address/es

• Identifiers such as date of birth; National Insurance, passport, visa, driving licence numbers; photographs or other digital images

• Financial details to include bank details, mortgage account, means questionnaire

• Names of and other personal information on your family and relationships

• Details of property

• Social media information

• Special category data including health records, Trade Union membership, political affiliations, sexuality, ethnic origin

We do not provide services directly to children or proactively collect their personal information. However, we are sometimes given information about children while handling a matter. The information in the relevant parts of this notice applies to children as well as adults.

Where has the data come from?

The data we hold will have come from:-

  • Clients in person, by telephone, by email, by SMS/text, or from your use of our website, through initial enquiry, request for a quote, initial instructions, and when we deal with your matter; or when you subscribe to our e-newsletter
  • an intermediary, such as an estate agent or a financial advisor
  • another firm that transfers a file to us
  • a client who names you as a joint party in a matter or other transaction, or as the joint owner of a property or business we are dealing with
  • a client who names you as the buyer/seller of a property or business we are selling/buying for them
  • a client who has named you as a witness in their matter

It is very important to ensure that we hold up to date information, so please remember to tell us about any of the following as soon as possible:

  • changes of personal circumstances, such as relationship status or the birth of children
  • changes of name or address
  • change of contact details including mobile phone number and email address
  • bank details (if relevant to the retainer)

Who is the data shared with and why?

We may share information about you:-

• within the firm to enable us to deal with your matter effectively and efficiently

• with other law firms acting for other parties in the same matter

• with counsel

• with experts

• with our outsourced providers including for example our accounts function, IT consultant, risk and compliance consultant

• with the intermediary who introduced you to us including for example a financial advisor, mortgage broker or estate agent

• with law enforcement agencies where required, for example under a Court order

This may involve them handling your personal information. The firm requires all third parties to sign a confidentiality and compliance document to confirm that your data is protected.

Please note that we will never sell your data to anyone.

What is the lawful basis for processing your data?

The legal bases we rely on to process your personal data are as follows:

1. Performance of our contract with you under article 6(1)(b) GDPR

2. Compliance with a legal obligation to which we are subject, under article 6(1)(c) GDPR

3. Consent under article 6(1)(a) GDPR, where you have given consent to the processing of your personal data for one or more specific purposes as listed in our Consent Form. Otherwise, we rely on (1) and (2)

If the information you provide us contains special category data, such as health, religious or ethnic information the legal basis in GDPR we rely on to process it is:

• Consent under article 9(2)(a)

• Establishment, exercise or defence of legal claims under article 9(2)(f)

Your Data Protection Rights

Under data protection law, we need to tell you about your rights. Those available to you depend on our reason for processing your information.

• Right of access - you can ask for copies of your personal information. There are some exemptions, which means you may not always receive all the information we process

• Right to rectification - you can ask us to rectify information you think is inaccurate, or incomplete

• Right to erasure – in certain circumstances, you can ask us to erase your personal information

• Restriction of processing – in certain circumstances you can ask us to restrict processing to specified activities

• Objection to processing – for example to direct marketing

• Data portability - you can ask us to transfer the information you gave us to another firm, or to give it to you

Keeping information

We will keep your information for only as long as necessary and in accordance with UK and EU law. The Money Laundering Regulations 2017 require us to keep evidence of your identity, with supporting documentation, for 5 years after we complete our work for you.

Your Right to Complain

We work to high standards when it comes to processing your personal information. If you have queries or concerns, please contact Kelly Davies  (who is responsible for Data Protection at our firm) at kdavies@fodens.co.uk and we’ll investigate and respond in accordance with our complaints procedure.

If you remain dissatisfied, you can complain about the way we process your personal information to the Information Commissioner. You should do this within three months of our response.

You can contact the Information Commissioner’s Office at:

By phone: 0303 123 1113 or 01625 545745

By email or live chat on the ICO website:

https://ico.org.uk/make-a-complaint/your-personal-information-concerns/

By post: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF

You should also write to Kelly Davies  if you would like a copy of the personal information we hold about you, or to ask us to correct any inaccurate information, or to remove (where justified) your personal information from our records.

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect and hold.

How we use cookies

A cookie is a small file which asks permission to be placed on your computer's hard drive. The cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyse data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Links to other websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.