PRIVACY POLICY

This Policy sets out and explains how your personal data is collected, stored, used or accessed.

1. BACKGROUND

Downie & Gadban (“We/us”) is a firm of Solicitors regulated by the Solicitors regulated by the Solicitors Regulation Authority (SRA), registered in England and Wales with Registration number: 48943 and whose office is at Rockbourne House, 100 High Street, Alton, Hampshire GU34 1ER.

For the purposes of the Data Protection Act 1998 we are the Data Controller (a party who determines the purpose and means of the processing of data) and under the General Data Protection Regulation (GDPR). We may also be a Data Processor (a party who processes personal data on behalf of the Data Controller)

This Privacy Policy (“The Policy”) sets out and explains how we collect, retain, disclose, protect, use or otherwise process any personal data or information (including that which you provide to us) on your behalf. Any personal data collected or provided through any means, (including our Website, emails and telephone calls to us) is covered by this Policy unless we expressly state otherwise in writing). By accessing and continuing to use our Website services you confirm that you have read, understood and agreed to the terms of this Privacy Policy and our Website Terms of Use, and you consent to our collection, use, disclosure, retention and protection of your personal data/information as described in this Privacy Notice.

This Policy should be read carefully to understand the way in which we deal with your personal data. Upon providing your personal data to us, you are taken to have consented to the process of such data by us as set out in this Policy.

Please note that if you do not agree with the use of your personal data by us, please do not submit such data to us for use on this Website.

2. COLLECTION/USE OF PERSONAL DATA/INFORMATION

What data we collect:-

Your personal data may be collected through e.g. our Website, meetings, emails and telephone calls or by contacting us by any means. Your personal data may also be provided to us by third parties.

Please note that the data that we may collect from you may include, but is not limited to:-

  1. • Name, title and status/position.
  2. • Contact details such as personal business address, email address and telephone number(s).
  3. • Other information that may be relevant.

What we do with the data:-

Please also note that you should be aware that your personal data may be processed by us for any of the following reasons:-

  1. • To contact you by email, letter, post, telephone or similar medium (where you have given us consent) about our services and events. Also contact with you by telephone, email or letter post about services and events that are linked to certain persons or organisations.
  2. • To provide you with legal advice.
  3. • To notify you about any changes to our services.
  4. • To maintain and administer our Website.
  5. • To copy the personal data that we hold about you to certain third parties.
  6. • Sensitive Personal Data will only be disclosed with your express consent, as required by law or as otherwise authorised under the Data Protection legislation.

Please note that you should not email to us confidential or sensitive information such as Bank details. We will not accept liability for unauthorised access to your personal information that is outside our control.

We may combine this data with other information that we may hold about you as a client, or where you have made enquiries of us before.

We will comply with current laws and we will provide a link to our Privacy Policy on each occasion that we invite you to submit personal information to us.

3. AMENDING DATA/YOUR PREFERENCES

If you should at any time wish to amend, update or simply check your personal data, please let us know.

4. CONFIDENTIALITY AND DATA MOVEMENT

We follow the necessary procedures in relation to the disclosure and storage of personal data to prevent loss or unauthorised access to it by a third party.

Any party to whom we transfer personal data are required by law to comply with the same statutory provisions. You do, however, need to be aware that Website/Online processors connected to the Internet are not a completely secure medium. It is acknowledged and agreed by you that we will not be responsible for any unauthorised use, distribution, damage or destruction of personal data (except to the extent that we are required to accept such responsibility by the Data Protection legislation).

Although unlikely, it is possible that we may sometimes transfer your personal data to a country situated outside the European Economic Area (“EEA”) that may not have the same level of protection as countries within the EEA. Before doing so we will put in place contractual arrangements to ensure adequate protection for your data and we will aspire to ensure that any such contractual arrangements comply with the standards expected from the Data Regulator in the UK i.e. the ICO (Information Commissioners Office).

5. SECURITY OF DATA

We will do our best to ensure that your personal data and information is safeguarded and secure so as to prevent unauthorised access to it.

We are aware that cybercrime is on the increase and sometimes communications (emails and telephone calls) from other persons can be fraudulent. We have Policies and systems in place to try and prevent any such data breaches.

Data electronically stored will be encrypted.

6. PASSING DATA TO THIRD PARTIES AND LINKS

Any links to Websites operated by other parties are provided for ‘information only’ and we do not necessarily endorse their contents. We do not control these sites and are not responsible for the content or practices of such third party Websites nor does this Privacy Policy cover such sites. It is the user’s responsibility to evaluate the use of such linked Websites.

This Privacy Policy applies only to this Website.

No personal data will be passed by us to any third party except where :-

  1. (a) We have your written consent;
  2. (b) On the terms set out as follows:-
  3. (i) In respect of each of the above mentioned uses of your personal data /information, your data may be shared with our senior personnel, employees and/or any third party that we may instruct/appoint to assist us, although we will endeavour to ensure that any such recipients of your personal data use it securely and in confidence in order to protect it e.g. we may disclose your personal data/information to affiliates or professional advisers, persons or organisations who work on this firm’s behalf to provide a product or a service to clients or members of staff or where the firm is under a duty to disclose or share personal data in order to comply with any legal or contractual obligation (which may include sensitive data) or in order to enforce or apply its terms of use and other agreements or to protect the rights, property or safety of the firm.
  4. (ii) In respect of any promotions that we run jointly with the third party;
  5. (iii) In respect of any future acquisition or merger we may transfer your personal data to actual potential purchasers. This would enable you to continue your relationship with us despite any change of ownership;
  6. (iv) In respect of the content posted by you;
  7. (v) In circumstances where we are required or authorised through any legislation or regulatory authority to disclose your personal data/information.
  8. (c) If you access (or provide information) to any external Website linked to this Website you do so entirely at your own risk and we accept no responsibility for any loss or damage that you may sustain as a result.

7. RESTRICTING/CONTROLLING USE OF DATA

Please note that we will not sell or licence the use/distribution of your personal data to Third Parties otherwise than is provided for in this Policy.

You may choose to restrict the gathering or use of your data when you are requested to complete a form on our Website, if it asks you to click a box as to whether your data may be used for direct marketing purposes.

8. ACCESSING YOUR PERSONAL DATA/INFORMATION

You may request details of the personal data that we hold about you, the purpose for which it is/has been processed and the types of recipient to whom it is/has been disclosed. If you wish to request such data (i.e. make a ‘data subject access request’) we may charge you a fee for this, although the position will change once the General Data Protection Regulation (GDPR) becomes operational from 25th May 2018.

Any requested data will (if so requested) be provided in an electronic format.

If you think that any data we hold about you is incorrect, requires to be updated or you require access to your data, please contact us at:-

Senior Partner
Simon Acworth
Downie & Gadban
Rockbourne House
100 High Street
Alton, Hampshire
GU34 1ER

Please note: that if you provide us with information about another person our acceptance of this will be conditional on your having made that other person aware as to how we will use and disclose such information, and that the other person has authorised you to provide their information to us.

Similarly, we will accept information about you from another person on the same terms.

Please note that in addition to the right of access, you also have the following rights:-

  1. (a) Right to be forgotten – You may withdraw your consent to your data being held and for it to be deleted/erased.consent;
  2. (b) Data Portability – You may request, obtain, and/or transfer possession of your data to a Third Party at any time.

If you wish us to either delete your data or transfer it to you or an authorised named Third Party, please make your request in writing by email (or both by email and post). You can complete a Form and to do so, click on Request Withdrawal/Request to View Form for this purpose.

You should be aware that unless:-

  1. (a) we have agreed otherwise in writing; or
  2. (b) you ask us to delete your data;

we will normally hold/store your data for a period of at least 6 years.

9. AMENDMENTS TO THE POLICY

The Policy is operative with effect from the dates shown and we reserve the right to vary this at our discretion from time to time. By continuing to use this Website you will be taken to have accepted any variations to it.

10. EFFECT OF USE OF WEBSITE

This Website is not intended to be a substitute for formal legal advice and as such should not be relied upon for this purpose.

11. REPORTING A BREACH AND RIGHT TO COMPLAIN

If a material data breach occurs where there has been an unauthorised disclosure or loss of an individual’s personal data, we will be required to report the breach to the ICO (Information Commissioner’s Office) within 72 hours. Depending on the circumstances, you will have the right to raise a complaint with the ICO.

12. APPLICABLE LAW & IP RIGHTS

Please note that:-

  1. (a) All intellectual property rights in or arising from our Website (including copyright) are reserved and belong to Downie and Gadban, unless specified otherwise;
  2. (b) This Privacy Policy forms part of our Website Terms of Use.

Downie & Gadban
15th March 2018