General Data Protection Regulations (“GDPR”) Privacy Notice and Information for Clients
The UK is committed to maintaining the high standards of GDPR and the government has incorporated it into UK law (the UK GDPR) alongside the Data Protection Act 2018.
Walters & Barbary LLP are committed to protecting and keeping confidential all the information you provide to us, subject to certain legal duties that are explained in our terms and conditions.
We ask that you read this privacy notice carefully as it contains important information about who we are, how and why we collect, store, use and share personal information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a complaint.
Who we are
Walters & Barbary LLP registered in England, registration number OC90313. The registered office is at Basset Chambers, 18 Basset Road, Camborne, Cornwall, TR14 8SG. It is a legal practice which is authorised and regulated by the Solicitors Regulation Authority under number 628144. The firm collects, uses and is responsible for certain personal information about you. When it does so it is also regulated under the GDPR by the Information Commissioner and is responsible as ‘controller’ of that personal information.
The personal information we collect, use and share
In the course of your legal transaction we collect the following personal information when you provide it to us:
- Name, address, date of birth, contact information (telephone and email where appropriate) National Insurance number (where appropriate)
- Identity information and documentation
- Additional information in relation to your legal transaction to enable us to advise you and progress your case. This will depend on the type of legal work you instruct the firm to undertake
We use your personal information primarily to enable us to provide you with a legal service in accordance with your instructions. We also use your personal information for related purposes including identity verification, administration of files, updating existing records if you have instructed the firm previously, analysis to help improve the management of the firm, for statutory returns and legal and regulatory compliance. The information will be held in hard copy and/or electronic format.
You are responsible for ensuring the accuracy of all the personal data you supply to us, and we will not be held liable for any errors unless you have advised us previously of any changes in your personal data.
We will only take instructions from you or someone you authorise in writing.
Where you are acting as an agent or trustee, you agree to advise your principal or the beneficiary of the trust that their personal information will be dealt with on these terms.
If we are working on your matter in conjunction with other professionals who are advising you, including experts, barristers, banks, building societies, mortgage lenders, estate agents etc., we will assume, unless you notify us otherwise, that we may share and disclose relevant personal data and information about your matter to them, if we feel it is appropriate and necessary.
On occasions we ask other trusted companies to provide typing, costing, photocopying or other support work on our files to ensure that this work can be done promptly. We will always obtain a confidentiality agreement with these outsourced providers to ensure that they keep the information sent to them securely and confidentially. All routine typing, costing and photocopying is undertaken in-house.
We use a private, secure, server to assist us in processing and protecting your information and keeping it secure from the risks of cybercrime and fraud. All IT providers we use are subject to strict confidentiality agreements with this firm and we will ensure that they meet GDPR obligations in relation to the service they provide to us. All of the personal information you provide to us is kept in the UK; we will not transfer any of your personal data to another country outside the UK unless you specifically instruct us to do so.
There may be occasions when we are under a legal duty to share personal information with law enforcement or other authorities, including the Solicitors Regulation Authority or the Information Commissioner. If we are required to disclose information to the National Crime Agency, we may not be able to tell you that a disclosure has been made. We may have to stop working for you for a period of time and may not be able to tell you why. We cannot be held liable for any loss you suffer due to delay or our failure to provide information in these circumstances.
Occasionally some of our client files may be audited strictly confidentially by external auditors or examiners to ensure we meet our legal, quality and financial management standards. Some information may be disclosed to our professional indemnity insurers and to our financial auditors if required. We may also provide basic details of your case to Legal 500 or Chambers and Partners legal directories but this information is provided on a strictly confidential basis where this concerns individuals. Unless you tell us otherwise we will assume you have no objection. You may object at any time and refusing your consent will not affect our work for you. We will not submit files for external audit or disclose personal information to directories where there is particularly sensitive material.
We will not share your personal information with any other third party and will not issue any publicity material or information to the media about our relationship and the work we are doing for you without your explicit consent.
How long your personal data will be kept
We will hold your personal data including your name, address and contact details plus your file of papers for a period of time, depending on the nature of your case. We will confirm this to you at the end of your case. After this period of time, your file of papers including the electronic file, will be destroyed confidentially without further reference to you, unless we contact you to confirm other arrangements or you contact us to request your file of papers at an earlier date. Further details about safeguarding your file and our file storage and destruction arrangements are provided in the Terms of Business letter.
In order to meet our regulatory requirements, we may be required to retain basic information about you to include your name, address and date of birth on our electronic database for a longer period of time.
Reasons we can collect and use your personal information
We intend to rely on the following lawful bases to collect and use your personal or sensitive personal data:
- Your consent
- Contractual obligations
- Legal Obligations
- Public task
- Legitimate interests
Information about the firm and up to date articles which may be of interest to you are available on our website www.waltersbarbary.co.uk. We would encourage you to refer to this.
In relation to future marketing, we would like to keep in touch with you and let you know periodically about information that we think may be of specific interest to you or to tell you about events or developments in the firm. We ask you to provide your email address and give specific confirmation that you want to “opt in” to us sending you such information in the future. If you provide your consent, you may withdraw it at any time by contacting us to confirm that you no longer want us to contact you. If you provide your consent, we may use third party software and services to assist us in relation to the processing of our marketing communications, but we will ensure we have confidentiality agreements in place and will never disclose your information to third parties for them to use for their own marketing purposes.
If you are an existing client of the firm or we are holding documents for you such as Wills or Deeds we may rely on legitimate interests as the reason for contacting you in future. We will only do this where we feel it would be of benefit to you or where we need to update you in relation to our terms and conditions.
Under GDPR you have a number of important rights, free of charge. Further information about these rights can be found on the Information Commissioners Website www.ico.org.uk/for-the-public/
If you would like to exercise any of these rights, please:
- email, call or write to our Data Protection Officer
- let us have enough information to identify you
- let us have proof of your identity and address (a copy of your driving licence or passport and a recent utility or credit card bill), and
- let us know the information to which your request relates, including any account or reference numbers, if you have them.
Keeping your personal information secure
We have appropriate security measures in place to prevent personal information from being accidentally lost, used or accessed in an unauthorised way. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.
We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.
If you want detailed information from Get Safe Online on how to protect your information and your computers and devices against fraud, identity theft, viruses and many other online problems, please visit www.getsafeonline.org. Get Safe Online is supported by HM Government and leading businesses.
How to complain
We hope that our Data Protection Officer can resolve any query or concern you raise about our use of your information.
The GDPR also gives you right to lodge a complaint with a supervisory authority. The supervisory authority in the UK is the Information Commissioner who may be contacted at www.ico.org.uk/concerns/ or telephone 0303 1231113.
Changes to this privacy notice
This privacy notice was published on 23 April 2021. We may change this privacy notice from time to time. When we do we will inform you via our website or by a direct communication with you.
How to contact us
Please contact our Data Protection Officer if you have any questions about this privacy notice or the information we hold about you.
If you wish to contact our Data Protection Officer, please send a letter marked
FAO Data Protection Officer
Walters & Barbary
18 Basset Road
Call: 01209 712454
COMPLAINTS PROCEDURE FOR WALTERS & BARBARY SOLICITORS
We are committed to providing a high-quality legal service to all our clients. When something goes wrong or you are not satisfied with our services we need you to tell us about it. This will help us to improve our standards.
OUR COMPLAINTS PROCEDURE
If you are unhappy about any aspect of the service you have received then please contact initially the person dealing with your matter. If your complaint cannot be resolved by him or her promptly and to your satisfaction and you wish to take it further then please contact the Senior Partner, Rachel Wiles by telephone or in writing.
WHAT WILL HAPPEN NEXT
If you have made contact by telephone then Miss Wiles will discuss the matter with you by telephone and try to resolve the matter immediately. If however, the nature of your complaint is involved or complicated Miss Wiles may ask you to put the details in writing.
If we receive a complaint in writing then we will send to you a letter acknowledging it and Miss Wiles may ask you to confirm or explain certain aspects of it. We will try to acknowledge your letter within two working days of us receiving it.
We will file your letter of complaint in a central register and open within it a separate file for your complaint in which all correspondence concerning it will be placed.
Once in receipt of your letter of complaint and any clarifying information Miss Wiles will investigate your complaint by speaking with the person who had the conduct of your matter and examining your file. If matters need further clarification she will contact you. She may suggest a meeting. Miss Wiles will then send you a detailed reply to your complaint. This will include a suggestion for resolving the matter. She will try to send you such a letter within fourteen days of receiving your initial complaint and any clarifying information.
If you are not satisfied with Miss Wiles’ response you may contact her again with your reasons. She will then arrange to review the decision. She will do so in conjunction with one of the other Partners in the firm and will let you know the result of the review within fourteen days of your request for a review.
In the event that you have a complaint concerning Miss Wiles and she has not been able to resolve the matter promptly or to your satisfaction then you should make the complaint to Mr Alex Blair.
Although we will try to comply with the above time scales there may be occasions when we cannot do so and in this instance we will let you know why and give you a revised time scale.
If at any time after you have sent a complaint in writing you feel that a meeting or a further meeting with Miss Wiles would be helpful then please let her know.
If you are still not satisfied with the outcome of the review you may wish to make a complaint to the Legal Ombudsman.
COMPLAINTS TO THE LEGAL OMBUDSMAN
If we are unable to resolve your complaint ourselves, The Legal Ombudsman can help you. They will look at your complaint independently and this will not affect how we handle your case.
Before accepting a complaint for investigation, the Legal Ombudsman will check that you have tried to resolve your complaint with us first and they allow us eight weeks to consider your complaint and respond to you although we aim to provide a response within 21 days. Please note that there are time restrictions for you to do this. You should contact the Ombudsman:
Six months of receiving a final written response from us about your complaint or
No later than six years from the act or omission or
Three years from the date you should have reasonably known there was cause for complaint.
The Legal Ombudsman will not accept complaints where the act or date of awareness was before 6th October 2010.
The Legal Ombudsman their contact details are as follows:
Telephone: 0300 555 0333 between 8.30am to 5.30pm.
Write to: Legal Ombudsman, PO Box 6806, Wolverhampton WV1 9WJ
SOLICITORS REGULATION AUTHORITY:
The Solicitors Regulation Authority can help you if you are concerned about our behaviour. If you feel that we may have been dishonest or treated you unfairly because of your age, disability or other characteristic, then please refer to its website:
Walters & Barbary