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Introduction
Stock Moran Swalwell Solicitors is a partnership authorised and regulated by the Solicitors Regulation Authority (SRA). Our SRA registration number is 00206512.
Further we are registered with the Information Commissioners Office (ICO). Our ICO registration number is Z9018936. Our Data Protection Officer is Melissa Anne Fagan (Partner and Compliance Officer for the Legal Practice). She can be contacted at: Stock Moran Swalwell Solicitors 30 Market Place Wigan WN1 1PJ Tel: 01942 771 771 enquires@sms-solicitors.co.uk |
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At Stock Moran Swalwell Solicitors we are committed to safeguarding your personal information (personal data).
This policy sets out the standards that you can expect from us when we request or hold personal information about you, how you can get access to the personal data and what you can do if you think the standards are not being met. For clients of this firm this policy should be read in conjunction with our client care letter and terms of business.
Children
Our website and services are not aimed specifically at children because in legal work children are generally represented by their parents or guardian. If you are a child and need further advice assistance on how we use your personal information please contact Melissa Anne Fagan our Data Protection Officer.
Personal Data
The exact information we will request from you will depend on what you have asked us to do or what we are contracted to do.
There are two types of personal data we may request:
Sources of Information
Information about you may be collected from a number of sources including:
Use of Personal Data
The primary use of the personal information that you supply us with is for the purpose of providing the legal advice and assistance you require either in relation to an enquiry or in relation to us acting on your behalf. We may therefore use your personal information in the following way for example:
Sharing of Personal Data
We understand the importance of your privacy and therefore generally only use your personal information within Stock Moran Swalwell Solicitors. We will not share your information with third parties for marketing purposes. There may however be circumstances in dealing with your enquiry or progressing your case where we may need to disclose some information to third parties such as other legal representatives or experts. In addition we may share your information with government and other organisations when necessary such as the Legal Aid Agency, HMRC, the Courts and the National Probation Service to name some common examples.
If personal information is shared with third parties will ensure that they do not use your information for their own purposes unless you have provided direct consent for this to occur. Further that they comply strictly and confidentially with the third party instructions we have given them. On occasions some uses of personal data will require you to provide specific consent as to its use. If this is the case we will contact you separately regarding the same. You are free to withdraw that consent at any time.
Transfers to Third Countries
We may on occasions transfer your personal data to a country outside of the European Economic Area. Normally this will be necessary for the purposes of providing the legal advice and assistance you require in relation to us acting on your behalf. Sometimes we may transfer for other reasons and we will ensure appropriate safeguards are in place at all times.
Retention of Personal Data
Your personal information will be retained in computer and paper files only as long and necessary to fulfil the purposes for which the information was collected, or as required by the law or as long as set out in our Terms of Business. We will therefore only retain your personal information for a period of six years from the conclusion of your enquiry or case (please note a lesser period of five years applies to personal data collected solely to verify your identification). The six year retention period will be stated on our closing correspondence. The retention period is set in the event that you or we need to re-open your case for the purposes of defending complaints or claims.
Whilst we retain your personal data we will ensure that it is kept securely and protected from loss, misuse and unauthorised access and disclosure. Once the retention period has elapsed your personal data will be permanently and securely deleted and destroyed.
Protection of Personal Data
We recognise your personal information is valuable and we take all reasonable measures to protect it whilst in our care. We enforce physical access to our office building and files to keep data safe. We operate computer safeguards such as firewalls and data encryption. Further we have high standards of technology and operational security in order to protect personally identifiable data to prevent loss, misuse, alteration and destruction.
Similarly we adopt high standards when it comes to confidential obligations and ensure that third parties agree to protect the confidentiality of personal information to ensure that it is handled in accordance with our own confidentiality and data protection policies.
Access to Personal Data
You have a right of access to the personal information we hold about you. We seek to keep your information correct and up to date. Please let us know if you think the information we hold is incorrect or needs to be updated. You are entitled to request a copy the personal information we hold on you such as your name, address, gender, date of birth and contact details for example. This is known as a Subject Access Request.
Please note you are only entitled if you make this request to see your personal information not the documents that contain it. A request will therefore not result in the release of your file of papers. If you wish to make a request please do in writing addressed to our Data Protection Officer Melissa Anne Fagan or the person who is dealing with your case.
In addition to the right to access the personal data we hold on your behalf under certain circumstances you may have the further following rights:
www.ico.org.uk/your-data-matters
Complaints about the use of Personal Data
If you wish to complain on how we have handled your personal information then please contact our Data Protection Officer Melissa Anne Fagan who will investigate further. If you are not satisfied with our response or believe your personal information has been handled incorrectly you can also complain to the Information Commissioner at –
Information Commissioners Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Tel: 0303 123 1113
www.ico.org.uk
This policy sets out the standards that you can expect from us when we request or hold personal information about you, how you can get access to the personal data and what you can do if you think the standards are not being met. For clients of this firm this policy should be read in conjunction with our client care letter and terms of business.
Children
Our website and services are not aimed specifically at children because in legal work children are generally represented by their parents or guardian. If you are a child and need further advice assistance on how we use your personal information please contact Melissa Anne Fagan our Data Protection Officer.
Personal Data
The exact information we will request from you will depend on what you have asked us to do or what we are contracted to do.
There are two types of personal data we may request:
- Personal data is general information about you as an individual. This will mean your name, address, gender, date of birth and contact details such as telephone number or e mail address. It may also include other information such as financial and banking information and family details.
- Sensitive personal data is information that by its very nature is more sensitive and may include your race, ethnicity, religion, health, details of your children or previous criminal convictions.
Sources of Information
Information about you may be collected from a number of sources including:
- You may provide the information about yourself when you make an enquiry about our services or you instruct us to act on your behalf.
- You may provide information relating to another person (where you have authority from them to do so), such as a member of your family or a friend, when you make an enquiry about our services or instruct us to act on their behalf.
- The information may be passed to us from a third party who has referred you to us to enable us to assist with your enquiry or allow us to accept instructions to act on your behalf.
Use of Personal Data
The primary use of the personal information that you supply us with is for the purpose of providing the legal advice and assistance you require either in relation to an enquiry or in relation to us acting on your behalf. We may therefore use your personal information in the following way for example:
- Verifying your identity.
- Verifying the source of funds if you are paying privately.
- Communicating with you.
- Providing you with legal advice and assistance and progressing your case.
- Instructing third parties to provide advice and assistance in your case. These could be legal and non legal experts for example, barristers, expert witnesses and other professional advisers.
- Responding to any complaint or allegation of negligence made against us.
Sharing of Personal Data
We understand the importance of your privacy and therefore generally only use your personal information within Stock Moran Swalwell Solicitors. We will not share your information with third parties for marketing purposes. There may however be circumstances in dealing with your enquiry or progressing your case where we may need to disclose some information to third parties such as other legal representatives or experts. In addition we may share your information with government and other organisations when necessary such as the Legal Aid Agency, HMRC, the Courts and the National Probation Service to name some common examples.
If personal information is shared with third parties will ensure that they do not use your information for their own purposes unless you have provided direct consent for this to occur. Further that they comply strictly and confidentially with the third party instructions we have given them. On occasions some uses of personal data will require you to provide specific consent as to its use. If this is the case we will contact you separately regarding the same. You are free to withdraw that consent at any time.
Transfers to Third Countries
We may on occasions transfer your personal data to a country outside of the European Economic Area. Normally this will be necessary for the purposes of providing the legal advice and assistance you require in relation to us acting on your behalf. Sometimes we may transfer for other reasons and we will ensure appropriate safeguards are in place at all times.
Retention of Personal Data
Your personal information will be retained in computer and paper files only as long and necessary to fulfil the purposes for which the information was collected, or as required by the law or as long as set out in our Terms of Business. We will therefore only retain your personal information for a period of six years from the conclusion of your enquiry or case (please note a lesser period of five years applies to personal data collected solely to verify your identification). The six year retention period will be stated on our closing correspondence. The retention period is set in the event that you or we need to re-open your case for the purposes of defending complaints or claims.
Whilst we retain your personal data we will ensure that it is kept securely and protected from loss, misuse and unauthorised access and disclosure. Once the retention period has elapsed your personal data will be permanently and securely deleted and destroyed.
Protection of Personal Data
We recognise your personal information is valuable and we take all reasonable measures to protect it whilst in our care. We enforce physical access to our office building and files to keep data safe. We operate computer safeguards such as firewalls and data encryption. Further we have high standards of technology and operational security in order to protect personally identifiable data to prevent loss, misuse, alteration and destruction.
Similarly we adopt high standards when it comes to confidential obligations and ensure that third parties agree to protect the confidentiality of personal information to ensure that it is handled in accordance with our own confidentiality and data protection policies.
Access to Personal Data
You have a right of access to the personal information we hold about you. We seek to keep your information correct and up to date. Please let us know if you think the information we hold is incorrect or needs to be updated. You are entitled to request a copy the personal information we hold on you such as your name, address, gender, date of birth and contact details for example. This is known as a Subject Access Request.
Please note you are only entitled if you make this request to see your personal information not the documents that contain it. A request will therefore not result in the release of your file of papers. If you wish to make a request please do in writing addressed to our Data Protection Officer Melissa Anne Fagan or the person who is dealing with your case.
In addition to the right to access the personal data we hold on your behalf under certain circumstances you may have the further following rights:
- Right to be informed – which is fulfilled by this policy notice and transparent explanation as to how we handle your personal information.
- The right to rectification – your are entitled to have personal information rectified if inaccurate or incomplete.
- The right to erasure/”right to be forgotten” – your have the right to request the deletion or removal of your personal information where there is no compelling reason for us to continue to process it.
- The right to object – you have the right to object to processing based on legitimate interests: and direct marketing.
- The right to restrict processing – you have the right to request the restriction or suppression of your personal information. When processing is restricted we can store personal information but not use it.
www.ico.org.uk/your-data-matters
Complaints about the use of Personal Data
If you wish to complain on how we have handled your personal information then please contact our Data Protection Officer Melissa Anne Fagan who will investigate further. If you are not satisfied with our response or believe your personal information has been handled incorrectly you can also complain to the Information Commissioner at –
Information Commissioners Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Tel: 0303 123 1113
www.ico.org.uk