PRACTICAL, EASY TO UNDERSTAND LEGAL ADVICE FOR SMEs
Privacy Policy 2018-05-26T10:02:11+00:00

DATA PRIVACY POLICY

INTRODUCTION

Welcome to Kim Whitaker Legal Service’s privacy policy.

Kim Whitaker Legal Services respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.

PURPOSE OF THIS PRIVACY NOTICE

This privacy notice aims to give you information on how Kim Whitaker Legal Services collects and processes your personal data through your use of this website.

This website is not intended for children and we do not knowingly collect data relating to children.

It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data.  This privacy notice supplements the other notices and is not intended to override them.

CONTROLLER

Kim Whitaker trading as Kim Whitaker Legal Services is the controller and responsible for your personal data (collectively referred to as KWLS, we, us, or our in this privacy notice).

We have appointed a data protection officer (DPR) who is responsible for overseeing questions in relation to this privacy notice.  If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the DPO using the details set out below.

CONTACT DETAILS

Our full details are:

Full name of legal entity:  Kim Whitaker trading as Kim Whitaker Legal Services

Name and title of DPO:  Kim Whitaker, Principal Solicitor

Email address:  kim@kimwhitaker.com

Telephone number:  01763 246260.

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk).  We would, however, appreciate the chance to deal with your concerns before you approach the ICO, so please contact us in the first instance.

CHANGES TO THE PRIVACY NOTICE AND YOUR DUTY TO INFORM US OF CHANGES

This version was last updated on 24 May 2018.

It is important that the personal data we hold about you is accurate and current.  Please keep us informed if your personal data changes during your relationship with us.

THIRD-PARTY LINKS

This website may include links to third-party websites, plug-ins and applications.  Clicking on those links or enabling those connections may allow third parties to collect or share data about you.  We do not control these third-party websites and are not responsible for their privacy statements.  When you leave our website, we encourage you to read the privacy notice of every website you visit.

2.      THE DATA WE COLLECT ABOUT YOU

Personal data, or personal information, means any information about an individual from which that person can be identified.

If you contact us to ask if we can assist you with a legal matter or subsequently you instruct us to help you with a legal matter, we may collect, use, store and transfer different kinds of personal data about you such as your name, postal address, telephone number, email address, payment information and information about your date and place or birth when we carry out anti-money laundering checks.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data).  Nor do we collect any information about criminal convictions and offences unless this is revealed when we carry out any anti-money laundering checks.

Our website may also, through the use of cookies, collect information such as your internet protocol (IP) address, 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 and information about how an when you use our website.

We do not knowingly provide legal services direct to children and those under 18 or market any services we offer to them via our website or elsewhere.

IF YOU FAIL TO PROVIDE PERSONAL DATA

Where we need to collect personal data by law (for example, to carry out anti-money laundering checks), 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 legal services).  In this case, we may have to cancel the legal service you have asked us to provide but we will notify you if this is the case at the time.

3.      HOW IS YOUR PERSONAL DATA COLLECTED

We use different methods to collect data from and about you including through:

Direct from you.  If you contact us to discuss whether we can provide you with legal services or if you ask us to provide legal services for you.

Automated technologies or interactions.  As you interact with our website, we may automatically collect technical data about your equipment, browsing actions and patterns.  We collect this personal data by using cookies, server logs and other similar technologies.  Please see our cookie policy below for further details

Third parties or publicly available sources.  We may receive technical data from analytics providers such as Google based outside the EU.

Usage Data.  This includes information about how you use our website.

4.      HOW WE USE YOUR PERSONAL DATA

We will only use your personal data when the law allows us to.  Most commonly, we will use your data (a) to interact with you about the provision of legal services to you because you or someone acting on your behalf has asked us to do so, (b) where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests, and (c) where we need to comply with a legal or regulatory obligation.

The types of lawful basis that we will rely on to process your personal data are set out below.

Sometimes, with your consent, we will process your personal information to provide you with information about what we do and our services in the form of a newsletter or similar emails that your have requested or are expecting.

We may use your technical data to administer and protect our website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) and our internal systems.  Such use would be necessary for our legitimate interests (for running our business, provision of administration and IT services, to prevent fraud and in the context of a business reorganisation exercise), and to comply with a legal obligation.

CHANGE OF PURPOSE

We will only use your personal data 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 you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

5.      COOKIES AND COOKIE POLICY

Like many websites, the KWLS website uses cookies – small text files, typically of letters and numbers – to capture limited information about the site’s users.  The information is transferred by the website to the cookie file of the browser on the hard drive of the user’s computer.

This site uses Google Analytics cookies.  These allow us to measure the number of visitors, to see how visitors navigate the site and to see which resources they access. This helps us to develop new content and to improve the way the website works. These cookies do not enable us to identify individual users. Google provides further information about Analytics.

To prevent Google Analytics cookies being set, you may install the Google Analytics Opt-Out Browser Add-On.

For general information about cookies please visit www.allaboutcookies.org.

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies.  If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly.  For more information about cookies we use, please see our cookie policy below.

5.         SHARING YOUR PERSONAL DATA

So that we can provide our service to you, we will share your personal information with those responsible for the systems we use in our business and other service providers (virtual assistants and other professional advisers who provide legal, financial, consultancy and similar professional advisory services).

We use Microsoft Office 365, Select Legal Systems Ltd (Law Fusion) and Nimbox to provide email and cloud based storage systems.

Our website is maintained by Joli Digital Limited and Piers Chipperfield trading as Sensible PC Support and is hosted by Nimbus in the UK and backed up to Amazon S3.

We do not currently do any email marketing but in the past have used MailChimp but are deleting this data.

We require all third parties to respect the confidentiality and security of your personal data and to treat it in accordance with the law.  We do not allow third party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

6.         INTERNATIONAL TRANSFERS

Some of our external third parties (eg Microsoft Outlook 365 and Amazon S3) may be based outside the European Economic Area (EEA) so the processing of your personal data may involve a transfer of personal data outside the EEA.  Where we do this, it will be done in accordance with the guidance issued by the Information Commissioner’s Office.

Where we transfer personal data outside the EEA, we shall ensure that the following conditions are fulfilled:

·            that there are appropriate safeguards in place in relation to the transfer;

·            that you have enforceable rights and effective legal remedies;

·            that the person processing your personal data on our behalf complies with its obligations under the data protection legislation by providing an adequate level of protection to any personal data that is transferred; and

·            that the person processing your personal data on our behalf complies with the reasonable instructions notified to it in advance by us with respect to the processing of your personal data.

7.      DATA SECURITY

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business and need to know.  They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

8.      DATA RETENTION

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

9.      YOUR LEGAL RIGHTS

You have a number of rights about how the personal information you provide can be used.  These are:

·               Transparency over how we use your personal information (right to be informed).

·               The ability to request a copy of the information we hold about you, which will be provided to you within one month (right of access).

·               Update or amend the information we hold about you if it is wrong (right of rectification).

·               Ask us to stop using your information (right to restrict processing).

·               Ask us to remove your personal information from our records (right to be ‘forgotten’).

·               Object to the processing of your information for marketing purposes (right to object).

·               Obtain and reuse your personal information for your own purposes (right to data portability).

·               Not be subject to a decision when it is based on automated processing (automated decision making and profiling).

If you wish to exercise any of the rights set out above, please email us at kim@kimwhitaker.com

You will not have to pay a fee to access your personal data (or to exercise any of the other rights).  However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive.  Alternatively, we may refuse to comply with your request in these circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights).  This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

We try to respond to all legitimate requests within one month.  Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests.  In this case, we will notify you and keep you updated.

If you would like to know more about your rights under the data protection law, you can find out more at the Information Commissioners Office website at https://ico.org.uk/.

How to contact us
If you wish to talk through anything in our Privacy Policy, find out more about your rights or obtain a copy of the information we hold about you, please contact us using the contact information set out below, we will be happy to help.

By telephone:  01763 246260

By email:  kim@kimwhitaker.com

By post:  3 Mulberry Court, Upper King Street, Royston SG8 9AZ.

If you wish to raise a complaint on how we have handled your personal information, you can contact kim@kimwhitaker.com and we will investigate the matter.   If you are not satisfied with our response or believe we are not processing your personal information in accordance with the law, you can complain to the Information Commissioner’s Office (ICO).

This document was last updated:  24 May 2018