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Trust Corporation Privacy Policy

This is an important notice regarding your privacy

Privacy Policy of Herrington Carmichael Trust Corporation Limited

This is an important notice regarding your privacy and the way in which Herrington Carmichael Trust Corporation Limited (referred to as “we”, “our”, “us” or “the Trust Corporation” 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 clients, prospective clients, beneficiaries, non-clients involved in matters we are acting on, 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 Trust Corporation Limited of Building 2 Watchmoor Park, Riverside Way, Camberley, Surrey, GU15 3YL. Our company registration number is 12288210.

The Trust Corporation’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 the following personal data about you (referred to throughout this privacy policy as personal information):

Clients, prospective clients and beneficiaries

• Personal contact details such as name, title, addresses, telephone numbers and email addresses. Where relevant to the matter on which we are instructed, we may also collect, store and use personal information regarding trade union membership, health-related data, data concerning a person’s sex life and sexual orientation, personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, genetic and biometric data, and data relating to criminal convictions and offences.

• 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.

• Personal information contained on your social media accounts, for example, LinkedIn, Facebook and Twitter, if such information is relevant or is provided to us by you.

• Personal information you provide to us by telephone or any other means.

• Personal information provided to us by the third party service providers and other business contacts we work with.

• Personal information that may allow for you to be indirectly identifiable, for example your national insurance number or date of birth.

Non Clients involved in matters we are acting on

• Personal contact details such as name, title, address, telephone numbers and email addresses. Where relevant to the matter on which we are instructed, we may also collect, store and use personal information regarding trade union membership, health-related data, data concerning a person’s sex life and sexual orientation, personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, genetic and biometric data, and data relating to criminal convictions and offences.

• All information, whether personal data or otherwise, relevant to the matter on which we are instructed by our client, whether supplied to us by you or your professional advisors (for example, solicitors and accountants), our client, our client’s other professional advisors (for example, accountants), or gathered by us or on our behalf – for example, details of your employer, salary, health-related information and details of convictions.

• Personal information contained on your social media accounts, for example, LinkedIn, Facebook and Twitter, if such information is relevant or is provided to us.

• Personal information provided to us by the third party service providers and other business contacts we work with (for example accountants, barristers and process servers).

• Personal information you provide to us by telephone or any other means.

• Personal information that may allow for you to be indirectly identifiable, for example your national insurance number, date of birth and driving license number.

Generally (uses applicable to all categories of person detailed above)

• 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.

• Information gathered when you call us, which may include some of all of the following in addition to details of the telephone number you call us from: time of call, length of call, IP address of the device you call us from, and details of the website page that you call us from.

• 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 any other means.

• Information gathered by cookies used on Herrington Carmichael LLP’s website. Herrington Carmichael LLP’s website uses cookies – please see Herrington Carmichael LLP’s Cookie Policy for details. Herrington Carmichael LLP’s website uses cookies to distinguish you from other users of its website. This helps Herrington Carmichael LLP to provide you with a good experience when you browse their website and also allows them to improve the way their website works. For detailed information on the cookies used by Herrington Carmichael LLP and the purposes for which they use them please refer to their Cookies Policy.

• Information provided to us by third party service providers we work with, for example, providers assisting us with IT, communications and digital marketing.

 

2. 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 legal rights do not override those interests.

More specifically, without limiting the above, we will use your personal information in the following circumstances:

Clients, prospective clients and beneficiaries

• Your contact details and all information relevant to your matter to facilitate your business with us (to include the administration of a third party’s estate where you are a beneficiary and have signed our engagement letter) – to perform the contract with you or to take steps to enter into a contract with you.

• Your contact details and all information relevant to your matter to facilitate your business with us during the administration of a third party’s estate where you are a beneficiary and have not signed our engagement letter – in pursuit of our legitimate interest to administer a third party’s estate.

• Your contact details to provide you with information on our services:

• If our client or prospective client is one or more individuals instructing us or enquiring of us in their capacity as individuals (including sole traders and traditional partnerships):

          • We may use your personal information to perform the contract or prospective contract with you or to take steps to enter into a contract with you.

• – If our client or prospective client is a business (other than a sole trader or and traditional partnership) which you are employed or engaged by or on behalf of:

          • We may use your personal information to perform the contract or prospective contract with the client or to take steps to enter into a contract with the client.

• Your contact details to manage your client account and matter(s) – 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.

• Your payment information for the administration of a third party’s estate where you are a beneficiary – in pursuit of our legitimate interest to administer a third party’s estate.

• Your contact details to keep you updated as to the progress of the administration of a third party’s estate where you are a beneficiary – in pursuit of our legitimate interest to administer a third party’s estate.

• Dealing with your enquiry made by telephone or other means– 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.

Non-clients involved in matters we are acting on:

• Your personal information to facilitate and progress the matter(s) we are instructed on by our client, together with any associated legal proceedings and related documentation.

• To engage other professionals and service providers in connection with the matters we are acting on (for example, barristers and process servers).

Business contacts (for example, accountants, financial advisors and other professionals)

• 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 (for example updates) and/or marketing information – in pursuit of our legitimate interests (keeping you informed about our services and business updates) or where we have your consent to do so.

Generally

• To provide trust corporation services – in pursuit of our legitimate interests (the provision of trust corporation services in running our business).

• To ensure offices used by us are kept secure – in pursuit of our legitimate interests (in ensuring premises used by us 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 networks used by us 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 transfer to third party service providers – in pursuit of our legitimate interests (outsourcing for effectiveness and efficiency).

• To allow our third parties access to systems used by us 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 or in pursuit of our legitimate interests.

• To transfer to our regulators and to law enforcement bodies – 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 Data Retention 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).

 

3. 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.

 

4. 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 service 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:

• Third party service providers we work with, for example, service providers providing staffing, administration and IT infrastructure services.

• Third party hosting and 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 third party hosting providers, customer relationship management solutions, and email security and backup solutions.

• 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.

 

5. 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.
The actual period that we will keep your information for will depend on the reasons it was collected and, where applicable, the type(s) of work we have performed – please see our Data Retention Policy (a copy of which can be provided upon request) for details of the applicable retention periods.

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.

Clients, prospective clients, beneficiaries and non-clients involved in matters we are acting on

• The period during which we keep your information will depend on a number of things. For example:

• If you have consented to receiving technical information or 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 6 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 Data Retention Policy (a copy of which can be provided upon request) for details of the retention periods for each work type;

• If you are a beneficiary of a third-party estate, your data will be held for a minimum period of 6 years after the deceased client’s 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 Data Retention Policy (a copy of which can be provided upon request) for details of the retention periods for each work type.

• Non-clients involved in matters we are acting on – your data will be held for a minimum period of 6 years after our client’s file has been closed. The actual period that we will keep your information for will depend on the types of work we performed for our client – please see our Data Retention 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 documents for you, we will keep your information in accordance with our Data Retention Policy (a copy of which can be 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 access this privacy policy via Herrington Carmichael LLP’s website, that website uses cookies – please see Herrington Carmichael LLP’s Cookie Policy for details. Where one of the cookies on Herrington Carmichael LLP’s website are activated, that cookie will operate for the duration set out in Herrington Carmichael LLP’s Cookie Policy.

Business contacts (for example, accountants, financial advisors and other professionals)

• 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.

• If you have consented to receiving technical information or marketing information we will keep your contact details for as long as we still have your consent.
Generally

• Where you access this privacy policy via Herrington Carmichael LLP’s website, that website uses cookies – please see Herrington Carmichael LLP’s Cookie Policy for details. Where one of the cookies on Herrington Carmichael LLP’s website are activated, that cookie will operate for the duration set out in Herrington Carmichael LLP’s Cookie Policy.

 

6. Where we store your personal information

The servers (including back up servers) used by us to store and process the electronic versions of the information you provide to us or we collect about you are located in the UK.

Where we use third party service providers to assist us (for example service providers providing staffing, administration and IT infrastructure services), your information may also be stored in their IT environments 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.

 

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

Your rights in connection with your personal information

In 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 would like 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: the rights stated above are not available in all circumstances and 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.

 

8. 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 or by contacting our Data Protection Officer in writing using the contact details set out at the beginning of this privacy policy.

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.

 

9. 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).

 

10. 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.

 

11. Changes to this privacy note

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.

 

Implementation Date: 27.04.2021

London

60 St Martins Lane, Covent Garden, London WC2N 4JS 

+44 (0) 203 755 0557

 

Camberley

Building 2  Watchmoor Park, Riverside Way, Camberley, Surrey  GU15 3YL

+44 (0)1276 686 222

 

Wokingham (Appointment only)

4 The Courtyard, Denmark Street, Wokingham, Berkshire RG40 2AZ

+44 (0)118 977 4045

info@herrington-carmichael.com

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

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