privacy

Privacy Policy

FDR Law is committed to ensuring the privacy and security of your personal data.

The following Privacy Policy sets out the personal data that we collect about you as a user of our products and services, including how and why we process your personal data, who we share it with, and your rights and choices when it comes to your personal data.

In this Privacy Policy, when we refer to "personal data", we mean information which could directly identify you (for example, your name or national insurance number) and information which could indirectly identify you, meaning that it could identify you when combined with other information which we hold about you (for example, your gender or date of birth).

"Process" or "processing" means just about any conceivable use of personal data, including recording, storing, viewing or disclosing personal data.

Forshaws Davies Ridgway LLP (company number OC310548) is the data controller of your personal data (referred to in this Policy as “FDR Law” or “we”). Stephen Poyner is also a Data Controller in relation Notarial work.

If you have any questions about your personal data which are not answered by this Policy, please contact our Data Protection Officer:

Data Protection Officer
FDR Law, 1 Palmyra Square South, Warrington. WA1 1BZ
privacy@fdrlaw.co.uk

How we collect your personal data

Information provided by you

We collect your personal data to give you the best possible experience as a client. In general, we collect information from you when you interact with us to request a quote, start a new case, visit our website, complete a survey or contact us for advice or a complaint.

This covers all channels of communication with us, including over the telephone, email, live chat, website, social media and in person.

We’ll collect the following information from you when you request a quote:

  • Your name
  • Contact address
  • Email address
  • Telephone number
  • General details of the case

When you start a new case, we’ll also collect:

  • Name and contact details of individuals related to the case
  • Previous address history
  • Your date of birth
  • ID documents such as passport & driving licence.

If you feel that you are eligible for assistance with legal fees, we may request additional personal data to check whether you’re eligible. This might include:

  • Details of your household income
  • Information about any health or medical conditions that you may have
  • Your Nationality and Ethnicity

If you have been injured, or have been subject of professional negligence, and need our help then we may ask you for and/ or process additional sensitive data so we can get you the best possible result:

  • Details of your injury, health or medical conditions
  • Any other information that you provide us with as part of your case

Throughout the case circumstances may change, so we may also ask for the following to allow us to give you the best service:

  • Your new address, should you move home
  • Banking details, if we need to send back any money from your case
  • Documentation to support a change of name request, such as a marriage certificate, decree absolute or deed poll
  • Documentation to help us process a case of a bereavement, such as death certificates, wills or probate documents.

We will also obtain or request the following information if you contact us with a complaint:

  • Any information that you disclose to us as part of your complaint
  • Necessary information to resolve your complaint, which may include:
    • Bills
    • Legal documentation
    • Correspondence

If you provide us with valued feedback via one of our surveys, we will collect the following:

  • Your contact details
  • Any information that you disclose to us in your responses

If you visit our website www.fdrlaw.co.uk

  • Some pages on our website use cookies, which are small files placed on your internet browser when you visit our website. We use cookies in order to tell us how you’re using our site, which in turn allows us to continually improve how the site works, looks and delivers information to you. We also use cookies to offer our website users a more tailored experience in the future, by understanding and remembering your particular browsing preferences.
  • Where we use cookies on our website, you may block these at any time. To do so, you can activate the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies), you may not be able to access all or parts of our website or to use all the functionality provided through our website.
  • For more information on the cookies we use, the purposes for which we use them, the details we collect and how you can manage your preferences, please see the Cookie Policy. By continuing to use our website you are agreeing to our use of cookies as described in our Cookie Policy.

Information collected from other sources

We may obtain your personal data when you interact with us through third parties, such as estate agents, builders, financial advisors, the police, or mortgage providers.

Your personal data may be passed onto us from these third parties should you choose to interact with them in order to generate a quote, or instruct us to help you with your new case.

We will normally limit the amount of information required to be passed from third parties, to that needed for a quote, preferring instead to take more sensitive data from your directly, as your privacy, and the security of your data is important to us.

Anti-Money Laundering Legislation

Regardless of how you come to us, if you instruct us to help you on a case we also carry out an Identity and Anti-Money Laundering security check, which collects your personal data from sources such as GB Group, Electoral Roll, PEPs and Sanctions lists, and credit reference agencies, as well as industry data service providers. This will help us prove that you are you, and we will retain this additional information to protect you for the duration of your case.

How we use your personal data

We’ll use your personal data for the purposes outlined below:

To fulfil our contractual agreement to provide you with our products and services:

  • Where requested by you, to provide you with a quotation for any of our products and services
  • To deliver our products and services, including Notarial Services, to you according to our contractual agreement
  • To collect invoice payments or manage payment plans
  • To contact you with important information about your case

To comply with our legal obligations, and for the establishment, exercise or defence of legal claims:

  • To comply with our regulatory requirements, for example those under SRA, LAA, lenders conditions, Lexcel, and in respect of Notarial work the Faculty of the Archbishop of Canterbury.
  • To meet our data protection obligations to verify your identity
  • To resolve any disputes relating to your case
  • For the detection and prevention of crime, including any investigations into potential fraudulent activity.
  • To ensure that your contact details are correct, so that we are able to comply with our requirements and obligations to you.
  • To respond to requests for information from the police and government bodies, to support in criminal investigations

Where we have legitimate business interests:

  • To respond to customer enquiries and complaints
  • To manage payment schedules, credit levels and debt collection
  • To understand how we interact, and what work we have done for you, so that we can provide you with products and services that are best suited to your needs
  • For management information (MI) reporting purposes, to help us continually improve our offering to you, our customer
  • Subject to your marketing preferences, to provide you with information about products and services that we think you’d benefit from, by post, telephone or by electronic means

Where we have your consent:

  • To invite you to social events that may benefit you or your business
  • To provide you with information about products and services that we think you’d benefit from in accordance with your marketing preferences

Marketing

If you are an existing customer, subject to your marketing preferences, or where you have otherwise expressly consented, we’ll send you relevant information about products and services that we think you’d benefit from.

This could include updates about recent changes to legislation that may impact your life or business, or make you aware of services that may benefit your current circumstances, or protect you based on what work we have done for you recently.

We will never sell your data to third parties for marketing purposes. However, subject to your marketing preferences, and with your consent we may refer you to other parties who offer services that could be of benefit to you, such as Financial Investment Advisors.

This information could be sent to you via text, telephone, email or post.

You can opt out or update your marketing preferences at any time by contacting us by:

Telephone: 01925 230 000
Email: Privacy@fdrlaw.co.uk
Post: Data Protection Officer, FDR Law, 1 Palmyra Square south, Warrington, Cheshire, WA1 1BZ

 

Identity Checks

We’ll perform automated processing in the form of an Identity and Anti-Money Laundering security check. We use this check to confirm the following:

  • You are who you say you are
  • You live where you say you live
  • That you are not using a stolen identity of someone deceased
  • That you are not a Politically Exposed Person
  • That you are not on an International Sanction List.

To find out more about how your personal data is processed by our Identity Checking agency, please visit GB Group at https://www.gbgplc.com/about-us/

For more information about your rights in relation to decisions which are made based on automated processing, please see the “Data Subject Rights” section of this Privacy Policy.

Sharing your personal data

Third Parties

Contact our Data Protection Officer for a copy of our list data controllers/processors that your personal data may be shared with.

We may share your personal information with individuals, companies or organisations, where they provide products and services to us/you that help us to provide services to you as our customer, where we are acting in the best interests of you and your case.
 
Some of the people we may share your personal information with include but are not limited to :

  • Search providers when you are purchasing a new home
  • The Land Registry during a property transaction
  • A Barrister to be on your side should you need to go to court
  • An Expert to help you win your case
  • A Doctor or medical expert if you have been injured.
  • Dispute and complaints services, should we need to resolve a complaint with you
  • Social media platforms, to enable us to respond to any communications with you via our social media channels
  • Survey hosting providers, to enable us to send out surveys to you so that we can learn from your feedback and improve our customer service
  • Referral platforms, should you come to us via a referrer
  • Legislative Agents, and Translators.

We will also disclose your personal data to third parties:

  1. where it is in our legitimate interests to do so to run, grow and develop our business. Such as if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, any lawful request from government or law enforcement officials and as may be required to prevent illegal activity;
  2. to enforce our contract with you, to respond to any claims, to protect our rights or the rights of a third party, to protect the safety of any person or to prevent any illegal activity;
  3. to protect the rights, property or safety of FDR Law, our employees, customers, suppliers or other persons.

Any third parties with whom we share your personal data are limited (by law and by contract) in their ability to use your personal data for the specific purposes identified by us. We will always ensure that any third parties with whom we share your personal data are subject to privacy and security obligations consistent with this Privacy Policy and applicable laws.

Save as expressly detailed above, we will never share, sell or rent any of your personal data to any third party without notifying you and/or obtaining your consent.

Where you have given your consent for us to use your personal data in a particular way, but later change your mind, you should contact us and we will stop doing so.

You can do so by:

Telephone: 01925 230 000
Email: privacy@fdrlaw.co.uk
Post: Data Protection Officer, FDR Law, 1 Palmyra Square south, Warrington, Cheshire, WA1 1BZ

Where is my personal data stored?

FDR Law  is based solely in the UK.

If we were ever required to send your personal data outside the EEA, we will ensure that appropriate safeguards are in place to protect your data in accordance with European data protection requirements, such as the General Data Protection Regulation (GDPR). These may include:

  • Sending information to countries which have been deemed as having adequate protection by the EU
  • Entering into European Commission approved standard contractual arrangements with the third party
  • In the case of US based service providers, ensuring they have signed up to the EU-US Privacy Shield (see further www.privacyshield.gov/welcome)

To deliver our Notarial Services we may transfer your personal data to third parties in countries outside the country in which the data was originally collected for further processing in accordance with the purposes set out within our contract. In particular, your personal data may be transferred to foreign organisations such as foreign Embassies located in the UK or abroad. Such organisations will process personal data in accordance with the laws to which they are subject and international treaties over which FDR has no control.

 During the execution of Notarial Service should FDR transfer personal data to private organisations outside the EEA, such as subcontractors, other solicitors or professionals etc., it will, as required by applicable law, ensure that your privacy rights are adequately protected by appropriate technical, organisation, contractual or other lawful means. You may contact us for a copy of such safeguards in these circumstances.

For more information, please contact us by:

Telephone: 01925 230 000
Email: privacy@fdrlaw.co.uk
Post: Data Protection Officer, FDR Law, 1 Palmyra Square south, Warrington, Cheshire, WA1 1BZ

Security

FDR Law have implemented appropriate technical and organisational measures to protect the confidentiality of the personal data that you entrust us with. We update and test our physical, logical and procedural security controls on an ongoing basis. These include limiting access to your personal data to those who need it and training our employees about the importance of maintaining the privacy and security of your personal data.

How long do we keep this information?

We’ll only store your personal data for as long as is necessary to fulfil the purposes outlined in this Privacy Policy or for as long as we reasonably consider necessary to establish, exercise or defend our legal rights. Your data will be retained in line with statutory and regulatory requirements. The criteria used to determine these retention periods includes:

  • To comply with the minimum regulatory retention requirements as set by the SRA, Government Bodies, Lenders regulations, and other regulatory bodies.
  • To comply with the statutory retention periods for accounting records, as set by the Companies Act and HM Revenue & Customs (HMRC).
  • Where our retention periods are not governed by legislation, our retention policy is based on commercial justifications, which have been set in accordance with the principle of retaining personal data for no longer than is necessary for the purposes for which it is processed.  These include:
    • To comply with our service commitments to you (for example holding your will at your request)
    • To enable us to provide you with ongoing products and services
    • To allow us to resolve any disputes or complaints

Data subject rights

The following section sets out your rights in relation to your personal data. This includes your rights under the Data Protection Act, in addition to the enhanced rights that you will be entitled to post 25th May 2018, following the coming into force of the GDPR, and the soon to be released Data Protection Act 2018.

If you would like to exercise any of your data subject rights, please contact us by:

Telephone: 01925 230 000
Email: privacy@fdrlaw.co.uk
Post: Data Protection Officer, FDR Law, 1 Palmyra Square south, Warrington, Cheshire, WA1 1BZ

You have the following rights and choices in relation to your personal data:

  1. You have the right to request access to a copy of your personal data. You are entitled to obtain confirmation that your data is being processed, access to a copy of your personal data, and other supplementary information which largely corresponds to the information that should be provided in a Privacy Policy. Should you wish to exercise this right, please contact us with a description of the information you would like to see. We will provide our response to you without undue delay and within one month of receipt of your request. Please note, however, that in certain circumstances we are not required to provide the information requested. Where requests are manifestly unfounded or excessive, in particular because they are repetitive, we may charge a reasonable fee taking into account the administrative costs of providing the information, or refuse to provide the information. Where we refuse a request, we will explain our reasons for the refusal, and remind you of your right to complain.  Certain personal data may be exempt from such requests in certain circumstances. If an exemption applies, we will tell you this when responding to your request. We may request that you provide us with information necessary to confirm your identity before responding to any request you make.
  2. You have the right to ensure that any information we hold about you is accurate and kept up to date. Please let us know if you would like to update any inaccurate or incomplete records.  You are also entitled to the following additional rights under the GDPR. These rights will become effective after 25th May 2018.
  3. You have the right to request that we erase your personal data on the following grounds
    • Your personal data is no longer necessary in relation to the purpose for which it was collected or processed
    • If the processing is based on consent, you choose to withdraw your consent and there is no other legal ground for processing
    • You object to processing, and there are no overriding legitimate grounds to continue the processing
    • Your personal data has been processed unlawfully
    • Your personal data must be erased for compliance with a legal obligation
  4. You have the right to request the restriction of processing of your personal data under specific conditions, unless we have a lawful reason to continue, such as for the establishment, exercise or defence of legal claims.
  5. You have the right to request a copy of personal data you have provided to us in a structured, commonly used and machine readable format, so that you can transmit this to another organisation. Where technically feasible you can also request that we transmit this data to another organisation.
  6. You have the right to object to processing which is based on
    • Legitimate interests
    • Tasks carried out in the public interest
    • Direct marketing
  7. You have the right not to be subject to any decisions made based solely on automated processing, including profiling, which produces legal effects or significantly affects you. Where such decisions are made, you have the right to:
    • Obtain human intervention
    • Express your point of view
    • Obtain an explanation of the decision and challenge it

Complaints

If you would like to make a complaint, please contact our Data Protection Officer:

Data Protection Officer, FDR Law, 1 Palmyra Square south, Warrington, Cheshire, WA1 1BZ
privacy@fdrlaw.co.uk

You also have the right to lodge a complaint with the supervisory authority, the Information Commissioner’s Office.

Changes to the Privacy Policy

This Privacy Policy does not form part of any customer's contract with us and we may amend it from time to time. Any changes we make to our Privacy Policy in the future will be posted on our website.

The practices described in this Privacy Policy are current personal data protection policies, as of 17th April 2018.