GDPR: DATA PRIVACY NOTICE FOR CLIENTS AND SUPPLIERS

Introduction

Barrett & Thomson (“We”) are committed to protecting and respecting your privacy.

This policy (together with our Terms of Business and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

The rules on processing of personal data are set out in the General Data Protection Regulation (the “GDPR”).

1. Definitions

 
Data controller – A controller determines the purposes and means of processing personal data.
 
Data processor – A processor is responsible for processing personal data on behalf of a controller.
 
Data subject – Natural person
 
Categories of data: Personal data and special categories of personal data

Personal data – The GDPR applies to ‘personal data’ meaning any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier (as explained in Article 6 of GDPR). For example name, passport number, home address or private email address. Online identifiers include IP addresses and cookies.

Special categories personal data – The GDPR refers to sensitive personal data as ‘special categories of personal data’ (as explained in Article 9 of GDPR). The special categories specifically include genetic data, and biometric data where processed to uniquely identify an individual. Other examples include racial and ethnic origin, sexual orientation, health data, trade union membership,political opinions, religious or philosophical beliefs.

Processing – means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

Third party – means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.

2. Who are we?

Barrett & Thomson is the data controller. This means we decide how your personal data is processed and for what purposes. Our contact details are: One Pegasus Court, 25 Herschel St., Slough, Berks., SL3 1TQ; tel: 01753 777555; email:info@barrettandthomson.com. For all data matters contact our DATA PROTECTION OFFICER, Claire Fitzgerald at sar@barrettandthomson.com.

3. The purpose(s) of processing your personal data

We use your personal data for the following purposes:

• To perform our contract with you
• To carry out our professional duties as solicitors instructed on your behalf

4. The categories of personal data concerned

With reference to the categories of personal data described in the definitions section, we process the following categories of your data:

• Personal data: name, home address, private telephone numbers, private email address, passport, financial & credit card information, personal documents for you & your children
• Special categories of data: racial & ethnic background, sexual orientation, health, disability, religion.

5. What is our legal basis for processing your personal data?

 
a) Personal data (article 6 of GDPR)
 

Our lawful basis for processing your general personal data:

Processing necessary for the performance of a contract with the data subject or to take steps to enter into a contract	Letter of Instruction & Terms of Business or contract/agreement
Processing necessary for compliance with a legal obligation	To comply with any Legislation or Regulations relevant to your matter in particular in relation to HMRC,HMCTS, DWP, HM Land Registry, HM Probate Registry, Office of the Public Guardian, LAA
Processing necessary to protect the vital interests of a data subject or another person
Processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller
Processing necessary for the purposes of the legitimate interests of the data controller or a third party, except where such interests are overridden by the interests or fundamental rights or freedoms of the data subject

 
b) Special categories of personal data (article 9 of GDPR)

Our lawful basis for processing your special categories of data:

Processing necessary for carrying out obligations under employment, social security or social protection law, or a collective agreement
Processing necessary to protect the vital interests of a data subject or another individual where the data subject is physically or legally incapable of giving consent	To perform our contract with you and/or to carry out our professional duties as Solicitors instructed on your behalf
Processing carried out by a not-for-profit body with a political, philosophical, religious or trade union aim provided that the processing relates only to members or former members (or those who have regular contact with it in connection with those purposes); and there is no disclosure to a third party without consent
Processing relates to personal data manifestly made public by the data subject
Processing necessary for the establishment, exercise or defence of legal claims or where courts are acting in their judicial capacity	To perform our contract with you and/or to carry out our professional duties as Solicitors instructed on your behalf
Processing necessary for reasons of substantial public interest on the basis of EU or Member State law
Processing necessary for reasons of preventative or occupational medicine, for assessing the working capacity of an employee, medical diagnosis, the provision of health or social care or treatment or management of health or social care systems and services on the basis of EU or Member State law or a contract with a health professional
Processing necessary for the reasons of public interest in the area of public health
Processing necessary for archiving purposes in the public interest, or scientific and historical research purposes or statistical purposes

More information on lawful processing can be found on the ICO website.

6. Sharing your personal data

Your personal data will be treated as strictly confidential, and will be shared only with Barrett & Thomson Estates Ltd., Barrett & Thomson Financial Services Ltd., Government departments/Agencies, Legal Ombudsman, SRA.

7. How long do we keep your personal data?

We keep your personal data for no longer than reasonably necessary for a period of 15 years in case of any legal claims/complaints/audits; for safeguarding purposes etc.

8. Providing us with your personal data

You are under an obligation to provide your personal data to us as it is necessary for us to perform our contract with you and carry out our professional duties.

If you fail to adhere the consequences will be unable to meet our contractual obligations and may be unable to continue to act on your behalf.

9. Your rights and your personal data

Unless subject to an exemption under the GDPR, you have the following rights with respect to your personal data:

• The right to request a copy of the personal data which we hold about you;
• The right to request that we correct any personal data if it is found to be inaccurate or out of date;
• The right to request your personal data is erased where it is no longer necessary to retain such data;
• The right to request that we provide you with your personal data and where possible, to transmit that data directly to another data controller, (known as the right to data portability), (where applicable i.e. where the processing is based on consent or is necessary for the performance of a contract with the data subject and where the data controller processes the data by automated means);
• The right, where there is a dispute in relation to the accuracy or processing of your personal data, to request a restriction is placed on further processing;
• The right to object to the processing of personal data, (where applicable i.e. where processing is based on legitimate interests (or the performance of a task in the public interest/exercise of official authority); direct marketing and processing for the purposes of scientific/historical research and statistics).

10. Transfer of Data Abroad

We will only transfer your personal data outside of the EEA to a country agreed with you and we will use the same safeguards as implemented for the transfer of data within the EEA.

11. Automated Decision Making

WE DO NOT USE ANY FORM OF AUTOMATED DECISION MAKING IN OUR BUSINESS.
 

12. Further processing

If we wish to use your personal data for a new purpose, not covered by this Data Privacy Notice, then we will provide you with a new notice explaining this new use prior to commencing the processing and setting out the relevant purposes and processing conditions.

13. Changes to our privacy policy

Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our privacy policy.

14. How to make a complaint

To exercise all relevant rights, queries or complaints please in the first instance contact our DATA PROTECTION OFFICER, Claire Fitzgerald at sar@barrettandthomson.com

If this does not resolve your complaint to your satisfaction, you have the right to lodge a complaint with the Information Commissioners Office on 03031231113 or via email https://ico.org.uk/global/contact-us/email/ or at the Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, England.