Privacy Policy

This is an important notice regarding your privacy

Privacy Policy of Herrington Carmichael LLP

This is an important notice regarding your privacy and the way in which Herrington Carmichael LLP (referred to as “we”, “our”, “us” or “the Firm” in this policy) collects and makes use of your personal data. We want to be open and transparent with you, and therefore encourage you to contact us if you have any questions about this policy or the ways in which we use your personal data.

This policy applies to our job applicants, clients, prospective clients, business contacts (for example, accountants, financial advisors and other professionals), suppliers and contractors generally. We take our privacy responsibilities seriously and are committed to protecting and respecting your privacy.

This policy sets out the basis on which any personal data we collect from or about you, or that you provide to us, will be processed by us. Please read this policy carefully to understand our views and practices regarding your personal data and how we will treat it.

For the purpose of applicable privacy legislation, the data controller is Herrington Carmichael LLP of Building 9 Riverside Way, Watchmoor Park, Camberley, Surrey, GU15 3YL. Our company registration number is OC322293.

The Firm’s Data Protection Officers are responsible for ensuring compliance with relevant data protection legislation and this policy. Any questions regarding the operation of this policy or any concerns that the policy has not been complied with should be directed to our Data Protection Officers. Questions should be sent by email to dpo@herrington-carmichael.com

  1. What information may we hold about you?
    We may collect, store and use personal data about you (referred to throughout this privacy policy as personal information):

Job Applicants

  • Personal contact details such as the name, title, addresses, telephone numbers and personal email addresses.
  • Recruitment information (including copies of right to work documentation, references and other information included in a CV or cover letter or as part of the application process).
  • Personal information provided to us by our recruitment partners in relation to your application for employment with us.
  • Personal information provided by you to us during the course of your application, for example, qualifications and professional accreditations, employment records (including job titles, work history, working hours and training records), and professional accreditations and membership records (e.g. Law Society, SRA or CILEX).
  • Personal information gathered during your application process, including psychometric test data and personality test data (which are tests administered by our third party test supplier), and any DBS checks which we may choose to undertake.

Clients and prospective clients

  • Personal contact details such as name, title, addresses, telephone numbers and personal email addresses.
  • All information, whether personal data or otherwise, relevant to your matter or instructions to facilitate your business and work with us, whether supplied by you or gathered during the conduct of our assistance.
  • Payment information such as bank account details, credit/debit card number, expiration date, security code (CVV), name as it appears on the card or bank account, and address the card or bank account is registered to.
  • Personal information contained on your social media accounts, for example, LinkedIn, Facebook or Twitter, if such information is necessary or provided to us by you.
  • Other personal information you provide to us by telephone or via our website or social media accounts, for example, by using the “Contact Us” page on our website or by contacting us through LinkedIn, Facebook or Twitter.
  • Personal information provided to us by the third party service providers and other business contacts we work with.
  • Where we provide you with conveyancing services and your lender uses a portal to manage and administer the conveyancing process, information contained in and uploaded to that portal, for example conveyancing documents and transactional updates.

Business contacts
Contact details such as your name, title, business telephone number and business email address or personal telephone number and personal email address (if you provide them to us).

  • Information you provide or we collect during our interactions with you or your employer, such as how long we have done business with you, or how long you have worked at your company.
  • Bank details of individual sole traders.
  • Other personal information you provide to us by telephone or via our website or social media accounts, for example, by using the “Contact Us” page on our website or by contacting us through LinkedIn, Facebook or Twitter.
  • Personal information provided to us by the third party service providers and other business contacts we work with.

Suppliers and contractors and experts

  • Personal details such as your name, address, bank account information, email address and telephone number.
  • Personal information provided to us by the third party service providers and other business contacts we work with.

Generally
If you visit our offices, images and video which are recorded by the CCTV system in operation on our premises.

Information gathered when you visit our offices via our visitor sign-in process, including your name and vehicle registration information.

  • Any personal information you provide to us during your interactions with us or that is gathered as a consequence of your instructions to us or the matter upon which we are instructed.
  • Any personal information about you provided to us during our interactions with you, your employer or a third party.
  • Any personal information you provide to us by telephone or via our website or social media accounts, for example, by using the “Contact Us” page on our website or by contacting us through LinkedIn, Facebook or Twitter.
  • Information gathered by cookies used on our website. Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse and also allows us to improve the way our website works. For detailed information on the cookies we use and the purposes for which we use them please refer to our Cookies Policy https://www.herrington-carmichael.com/cookies.
  • Information provided to us by third party service providers we work with, for example, providers assisting us with IT communication solutions.
  1. How will we use information about you and what is the legal ground we rely on for doing so?
    We will only use your personal information when the law allows us to. When we use your personal information, we must have a legal ground for doing so. The following are (amongst others) the legal grounds by which we can use your personal information:
  • Where you have provided us with your consent for us to do so.
  • Where we need to perform the contract we have entered into with you or to take steps to enter into a contract with you.
  • Where we need to comply with a legal obligation to which we are subject.
  • Where it is in pursuit of our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.

More specifically, we will use your personal information in the following circumstances:

Job Applicants

  • To evaluate and progress your application for employment with us – to take steps to enter into a contract with you, and in pursuit of our legitimate interests to verify your suitability for our vacancies.
  • To keep a record of your application – in pursuit of our legitimate interests to ensure compliance with employment law best practice.
  • To carry out right to work checks – to comply with a legal obligation to which we are subject.
  • To carry out DBS checks – in pursuit of our legitimate interests to ensure protection of client data and funds.

Clients and Prospective Clients
Your contact details and all information relevant to your matter to facilitate your business with us – to perform the contract with you or to take steps to enter into a contract with you.

  • Your contact details to provide you with information on our services – to perform the contract with you or to take steps to enter into a contract with you. This may also include marketing information – where you have provided us with your consent for us to do so.
  • Your contact details to manage your client account – to perform the contract with you or to take steps to enter into a contract with you.
  • Your personal details and payment information to identify and prevent money laundering and fraud – to comply with a legal obligation to which we are subject.
  • Your information supplied during the conduct of your matter or our instructions – to perform the contract with you or in pursue to of legitimate interests to ensure your matter is dealt with promptly and efficiently.
  • Dealing with your enquiry made by telephone or via the “Contact Us” page on our website or social media accounts, for example, by contacting us through LinkedIn, Facebook or Twitter – in pursuit of our legitimate interests to ensure your enquiry is dealt with promptly and efficiently.
  • To engage external counsel, tax advisors and experts to progress your matter – to perform the contract with you.
  • Personal information uploaded to your lender’s portal (which may be provided by a third party company) – to perform the contract with you

Business contacts

  • Your contact details – in pursuit of our legitimate interests (to facilitate business between your organisation and ours).
  • Your contact details to provide you with further information on our services. This may include technical information and/or marketing information – in pursuit of our legitimate interests (keeping you informed about our services and business updates).

Generally

  • To ensure our offices are kept secure – in pursuit of our legitimate interests (in ensuring our premises are kept secure and keep evidence of this).
  • Health and safety purposes – to comply with a legal obligation.
  • To track your Wi-Fi, internet and IT systems usage – in pursuit of our legitimate interests (in ensuring our network is being used for acceptable purposes).
  • Images of you captured by photo and/or video – where you have provided us with your consent for us to do so or in pursuit of our legitimate interests.
  • To administer our website and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes – in pursuit of our legitimate interests (to better understand how people interact with our website and solve any issues it may have).
  • To improve our website to ensure that content is presented in the most effective manner for you and your computer – in pursuit of our legitimate interests (to improve our content and your experience).
  • To transfer to third party service providers – in pursuit of our legitimate interests (outsourcing for effectiveness and efficiency).
  • To allow our third parties access to our systems when appropriate and necessary – in pursuit of our legitimate interests (outsourcing for effectiveness and efficiency).
  • To transfer to our insurance providers – to comply with a legal obligation.
  • To transfer to our regulators – to comply with a legal obligation or in pursuit of our legitimate interests.
  • To contact you if we wish to use your information for a purpose not set out in this policy – to comply with a legal obligation.
  • To store your information in accordance with our File Storage Policy (a copy of which can be provided upon request) – to comply with a legal obligation or in pursuit of our legitimate interests (to ensure you are able to access data on a matter held by you for an appropriate period of time).
  1. What happens if there is a change of purpose?
    We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
  2. Which type of third parties might we share your personal information with?
    We require third parties to respect the security of your information and to treat it in accordance with the law. For example, where we instruct third party services providers we carry out due diligence on those providers to ensure they treat your information as seriously as we do.

We may share your information with the following types of third parties:

  • Technical support providers, for example, assisting with our website and IT infrastructure.
  • Third party software providers, including “software as a service” solution providers where the provider hosts the relevant personal data on our behalf. Examples of such solutions include customer relationship management solutions, data room solutions used in connection with business sales and purchases, your lender’s conveyancing portal and email security and backup solutions.
  • Recruitment agencies assisting us with filling our vacancies.
  • Professional advisers such as other solicitors, counsel, experts, accountants, tax advisors, auditors and insurance brokers.
  • Money laundering search providers – our Terms of Business letter contains further details of how money laundering search providers will use your personal data.
  • Providers which help us store, collate and organise information effectively and securely, both electronically and in hard copy format, and for marketing purposes.
  • Providers which assist us in transferring information effectively and securely for HMRC and Court purposes.
  • Providers which help us generate and collate reviews in relation to our services.
  1. Data retention

How long will you retain and use my information for?
We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for.

We assess the appropriate retention period for different information based on the size, volume, nature, and sensitivity of that information, the potential risk of harm to you from unauthorised use or disclosure of that information, the purposes for which we are using that information, applicable legal requirements for holding that information, and whether we can achieve those purpose(s) through other means.

Job Applicants

  • Where your application for employment with us is successful, we will provide you with further information as to how we use your personal information during the course of your employment.
  • Where your application for employment is unsuccessful, we will keep your personal information, such as your CV and application details, for 6 months.

Clients and Prospective Clients

  •  The period during which we keep your information will depend on a number of things. For example:
    • if you have consented to receiving marketing information we will keep your contact details for as long as we still have your consent;
    • if you are our client of ours, we will keep your information for a minimum period of 7 years after your client file has been closed. The actual period that we will keep your information for will depend on the type(s) of work we have performed – please see our File Storage Policy (a copy of which can be provided upon request) for details of the retention periods for each work type. ;
    • in the event we hold original deeds, wills or any other original documents for you, we will keep your information in accordance with our File Storage Policy (a copy of which can be accessed here or provided upon request);
    • if you are a prospective client of ours and do not choose to engage us, we will keep your information for as long as reasonably required;
    • where you use our website and one of our cookies are activated, that cookie will operate for the duration set out in our Cookie Policy www.herrington-carmichael.com/cookies

Business contacts

  • We will keep your information for as long as our organisations do business together or for as long as we have a commercial interest in holding that information, for example, doing business in the future, inviting you to our events and providing you with information about our services where you have not opted out from this.

Generally

  • Where you use our website and one of our cookies are activated, that cookie will operate for the duration set out in our Cookie Policy www.herrington-carmichael.com/cookies
  • Any data collected through our visitor sign-in book is stored securely and for one year only.
  1. Where we store your personal information
    Electronic versions of the information you provide to us or we collect about you are stored on our servers within the UK. Our back up servers are also located within the UK.

Where we use third party service providers to assist us, your information may also be stored in accordance with their practices and procedures, and may be stored in locations outside of the European Economic Area (“EEA”). We require third parties to respect the security of your information and to treat it in accordance with the law.

If your data is transferred outside of the EEA, we will take steps to ensure your personal information is adequately protected by, for example, ensuring appropriate safeguards are in place governing the transfer.

  1. Rights of access, correction, erasure, and restriction

Your rights in connection with your personal information

Under certain circumstances, by law you have the right to:

  • Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
  • Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
  • Request the erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to stop processing personal information where we are relying on a legitimate interest and there is something about your particular situation which makes you want to object to processing on this ground.
  • Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of your personal information where we are relying on a legitimate interest and there is something about your particular situation which makes you want to object to processing on this ground.
  • Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
  • Request the transfer of your personal information to another person.

If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal data, or request that we transfer a copy of your personal information to another person, please contact our Data Protection Officer in writing using the contact details set out at the beginning of this privacy policy.

Please note: that the rights stated above do not override our statutory and regulatory obligations.

No fee usually required
You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.

What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is a security measure to ensure that personal information is not disclosed to another person who has no right to receive it. If this information is not received from you, we may be unable to fulfil your data subject access request, or our response may be delayed until you provide the requested information.

  1. Right to withdraw consent
    In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact our Data Protection Officer in writing using the contact details set out at the beginning of this privacy policy.

Where we are providing you with marketing information, you can also change your marketing preferences via your online account (if you have one with us) or by using the unsubscribe button at the bottom of our marketing emails to you.

Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so.

  1. What happens if you fail to provide personal information?
    If you fail to provide certain information when requested, we may not be able to perform the contract we have entered into with you (such as providing you with our services), or we may be prevented from complying with our legal obligations (such as to ensure the health and safety of visitors to our offices).
  2. Right to complain
    You have a right to make a complaint if you wish to do so. The organisation with oversight of our processing is the Information Commissioner’s Office, which can be contacted in writing at Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, by telephone (0303 123 1113) or by
    e-mail casework@ico.org.uk
  3. Changes to this privacy notice

We may change, modify, add or remove portions of this policy at any time, and any changes will become effective immediately.

Any changes we make to our privacy policy will be posted on this page and will, where we consider it appropriate to do so, be notified to you too.

Version Number: 1.1
Implementation Date: 05.09.18

 

 

London

Amadeus House, 27b Floral Street, London, WC2E 9DP.
+44 (0) 203 755 0557

Camberley

Building 9, Riverside Way, Watchmoor Park, Camberley, Surrey. GU15 3YL.
+44 (0)1276 686 222

Wokingham

27 Broad Street, Wokingham, Berkshire. RG40 1AU.
+44 (0)118 977 4045

info@herrington-carmichael.com

© 2018 Herrington Carmichael LLP. Registered in England and Wales company number OC322293.

Herrington Carmichael LLP is authorised and regulated by the Solicitors Regulation Authority.

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