Data sharing policy
Where personal data has been shared by Alister Pilling Solicitors to another party (the Receiving Party), the Receiving Party must comply with all applicable requirements of the Data Protection Legislation (being the Data Protection Act 1998, the Data Protection Directive (95/46/EC), the Electronic Communications Data Protection Directive (2002/58/EC), the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2426/2003), General Data Protection Regulation 2016 and the Data Protection Act 2018, each as updated from time to time and all applicable laws and regulations relating to the processing of the personal data and privacy, including where applicable the guidance and codes of practice issued by the UK Information Commissioner’s Office. Capitalised terms in this notice not defined within it are as defined by the Data Protection Laws. This notice is in addition to, and does not relieve, remove, or replace either party’s obligations under the relevant Data Protection Legislation.
The Receiving Party undertakes that:
it has in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data;
all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential;
it will not (without the prior written permission of Alister Pilling Solicitors) transfer any Personal Data outside the European Economic Area (EEA) or a country subject to an Adequacy Decision of the Article 29 Work Party; and
it will maintain complete and accurate records and information to demonstrate compliance with the relevant legislation and this agreement.
This notice will automatically terminate when Personal Data is no longer shared with the Receiving Party or Alister Pilling Solicitors issue notice of termination to the Receiving Party. The Receiving Party agrees that the Personal Data provided in connection to this notice will be appropriately destroyed and/or deleted following the termination of this notice.
Privacy and data protection
1. INTRODUCTION AND TERMS
Alister Pilling Solicitors (“We” or “us”) are committed to protecting and respecting your personal data and privacy.
It also relates to our use of any personal information you provide to us by telephone, in written correspondence (including letter and email), by SMS and in person.
Please note that this website, our mobile application is not intended for children under the age of 18 and we do not knowingly collect data relating to children through this channel.
Whenever you provide personal data, we are legally obliged to use your information in line with all applicable laws concerning the protection of such information; including the Data Protection Act 1998 and 2018 (DPA), and The General Data Protection Regulation 2016 (GDPR) together, and with other subsequent laws passed to bring the GDPR in to effect in England and Wales after 31 December 2020 “Data Protection Laws”.
2. WHO WE ARE AND HOW TO CONTACT US
FAO: Privacy Officer
Alister Pilling Solicitors, 45 Cross Street, Camborne, Cornwall, TR14 8ET
Telephone: 01209 613800 and ask to speak to the Privacy Officer.
3. THE DATA WE COLLECT ABOUT YOU
3.1 We collect and process personal data. Typically the personal data we collect and process will include identity, contract, financial, transactional, technical, profile, usage and marketing and communications data such as:
3.1.1 Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth, gender and images.
3.1.2 Contact Data includes billing address, delivery address, email address and telephone numbers.
3.1.3 Financial Data includes bank account and payment card details.
3.1.4 Employment Your previous, current or future employment details.
3.1.5 Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
3.1.6 Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.
3.1.7 Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
3.1.8 Usage Data includes information about how you use our website, products and services.
3.1.9 Marketing and Communications data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
3.1.10 Monitoring If you visit one of our offices your image may be recorded on CCTV for security purposes.
Please note that we may collect and/or process other personal data from time to time.
3.2 We also collect, use and share aggregated data, such as statistical or demographic data for any purpose. Aggregated data could be derived from your personal data, but is not considered to be personal data in law as it will not directly or indirectly reveal your identity. For example, we may aggregate your usage data to calculate a percentage of users accessing a specific feature of our services. However, if we combine or connect your aggregated data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used solely in accordance with this policy.
3.3 We may collect the following special categories of personal data about you: details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your genetic and biometric data.
3.4 Financial and criminal record data in relation to employment checks.
3.5 We only collect data from you directly or via third parties (see the section Third Parties below).
4. IF YOU FAIL TO PROVIDE PERSONAL DATA
Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with our services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
5. HOW YOUR DATA WILL BE USED
5.1 We use information held about you to:
5.1.1 carry out our obligations arising from any contracts entered into between you and us and provide our services;
5.1.2 carry out feedback and research on our services; and
5.1.3 notify you about changes to our services.
5.2 We never sell your data to third parties.
5.3 We share your data with third parties where there is a legal obligation for us to do so or we have identified a valid lawful basis as set out in the table below (please also see clause 7 below, lawful basis). We may process your personal data without your knowledge or consent where this is required or permitted by law.
5.4 You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you.
5.5 We have set out below in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate. Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
Purpose/ActivityType of dataLawful basis for processing including basis of legitimate interestTo register you as a new user and customer(a) Identity(b) Contact
Performance of a contract with youTo process and deliver your order including:(a) Manage payments, fees and charges
(b) Collect and recover money owed to us
(a) Identity(b) Contact
(e) Marketing and Communications
(a) Performance of a contract with you(b) Necessary for our legitimate interests (to recover debts due to us)
(b) Asking you to leave a review or take a survey
(d) Marketing and Communications(a) Performance of a contract with you(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)
To enable you to partake in a prize draw, competition or complete a survey(a) Identity(b) Contact
(e) Marketing and Communications
(a) Performance of a contract with you(b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)
To administer and protect our business, this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) and our mobile application.(a) Identity
(c) Technical(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)(b) Necessary to comply with a legal obligation
To deliver relevant website and mobile application content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you(a) Identity
(e) Marketing and Communications
(f) TechnicalConsentTo use data analytics to improve our website, mobile application, products/services, marketing, customer relationships and experiences(a) Technical
(b) UsageConsentTo make suggestions and recommendations to you about goods or services that may be of interest to you(a) Identity
(f) Marketing and CommunicationsNecessary for our legitimate interests (to develop our products/services and grow our business)Employment (working for Alister Pilling Solicitors)(a) Identity
(e) Criminal Records
(f) Credit ChecksPerformance of a contract with you.Employment.
Necessary for our legitimate interests.
6. LAWFUL BASIS FOR PROCESSING
6.1 We only process your data (which may include providing it to a third party) where we have identified a valid lawful basis to do so. These are as follows:
6.1.1 Consent – Where possible, we will seek to obtain your consent to process your data outside our contractual obligations (see above) unless we have identified a Legitimate Interest (see below).
6.1.2 Contractual – Where processing is necessary for the performance of a contract with you.
6.1.3 Legal obligation – Where processing is necessary to comply with the law (e.g. safeguarding).
6.1.4 Legitimate Interest – Where we use legitimate interests we will record our decision on making this decision. We rely on legitimate interest where processing of the data we hold on you does not, in our opinion, affect your rights or freedoms and is proportionate to our interests e.g. our use of CCTV, keeping you up to date with our latest products or obtaining your feedback on our service.
7. THIRD PARTIES AND SHARING INFORMATION
7.1 We will keep your information within the organisation except where disclosure is required or permitted by law or when we use third party service providers (data processors) to supply and support our services to you.
We have contracts in place with our data processors. This means that they cannot do anything with your personal data unless we have instructed them to do so. They will not share your personal data with any organisation apart from us. They will hold it securely and retain it for the period we instruct.
7.2 Please see below the list which sets out the categories of recipients of personal data.
SERVICE PROVIDERS WHO MAY RECEIVE YOUR PERSONAL DATA
IT Support Services
Secure document disposal service
Online payment providers
Driver and Vehicle Licensing Agency
Driver and Vehicle Standards Agency
Office cleaning services
Feedback aggregators and collectors
3rd party professionals (e.g. medical professionals)
Identification and verification providers
Telephony ‘call back’ providers
7.3 In addition third parties may provide us with personal data and they should only do so where the law allows them to.
8. WHERE YOUR DATA IS HELD
Your data is stored by us and our processors in the UK, EEA or in a country where an adequacy decision has been made by the European Data Protection Board (EDPB). Where we transfer your personal data outside of the EEA, we will ensure that all appropriate technological and organisational measures are in place to provide your data with the levels of protection as required under the Data Protection Laws.
9. APPLICATIONS TO WORK FOR US
If you apply to work for us (directly or indirectly) in any role we may receive data about you from third parties. In addition, we will keep the details of your application and any additional information provided to us by you or others during your application so that we can keep you informed of future opportunities that you may be interested in. If you do not wish for us to keep your details for this reason, please let us know by contacting us using the details provided in this policy.
Please note that we are required to undertake Disclosure Barring Service checks for certain applicants. If this is the case you will be notified. Criminal conviction data will not be stored for unsuccessful applicants.
10. DATA RETENTION
Our data retention policy is dictated by the Data Protection Laws and is available for inspection by submitting a written request using the contact details provided in this policy.
11. YOUR RIGHTS
11.1 Under the Data Protection Laws your rights are:
11.1.2 Access – You are entitled to find out what details we may hold about you and why. We strive to be as open as we can be in terms of giving people access to their personal data. Individuals can find out if we hold any of their Personal Data by making a formal request under the Data Protection Laws. Such requests should be in writing to the contact details provided in this policy. If we do not hold information about you we will confirm this in writing at the earliest opportunity. If we do hold your personal data we will respond in writing within one calendar month of your request (where that request was submitted in accordance with this policy). The information we supply will:
(a) confirm that your data is being processed;
(b) verify the lawfulness and the purpose of the processing;
(c) confirm the categories of personal data being processed;
(d) confirm the type of recipient to whom the personal data have been or will be disclosed; and
(e) let you have a copy of the data in format we deem suitable or as reasonably required by you.
11.1.3 Rectification – We are obliged to correct or update your details. We will correct or update your data without delay provided you make the request in writing to the contact details provided in this policy, clearly specifying which data is incorrect or out of date.
11.1.4 Erasure – This is also known as the request to be forgotten. Under Data Protection Laws you have the right to erasure under specific circumstances. A request for your personal data to be deleted will be decided on a case by case basis and should be submitted in writing to the contact details provided in this policy.
11.1.5 Restrict processing – You have the right to ‘block’ or suppress the processing by us of your personal data.
11.1.6 Portability – You have the right to obtain and reuse your personal data that you have provided to us.
11.1.7 Object – You have the right to object to us processing your data in relation to direct marketing and or profiling.
11.1.8 Rights in relation to automated decision making and profiling – We do not use automatic decision making or profiling.
11.2 Please note that you may need to provide identification in order to prove who you are if you wish to invoke any of your rights as provided by the Data Protection Laws and as summarised above.
11.3 If you agree, we will try to deal with your request informally, for example by providing you with the specific information you need over the telephone.
You have the right to complain about the processing of your personal data. Please contact us using the details provided above. If you are still unsatisfied you have the right to complain to the Information Commissioners Office.