Our use of your personal data is subject to your instructions, the EU General Data Protection Regulation (GDPR), other relevant UK and EU legislation and our professional duty of confidentiality.
It would be helpful to start by explaining some key terms used in this document:
We, us, our = Everys Investment Management
Person responsible for data protection = James Griffin, e: firstname.lastname@example.org
Personal data = Any information relating to an identified or identifiable individual
Special category personal data = Personal data revealing racial or ethnic origin, political opinions, religious beliefs, philosophical beliefs or trade union membership
Genetic and biometric data = Data concerning health, sex life or sexual orientation
Personal data we collect about you
The information below sets out the personal data we will or may collect in the course of advising and/or acting for you.
- Your name, address and telephone number
- Information to enable us to check and verify your identity, eg your date of birth or passport details
- Electronic contact details, e.g your email address and mobile phone number
- Information relating to the matter in which you are seeking our advice or representation
- Information to enable us to undertake a credit or other financial checks on you
- Your financial details so far as relevant to your instructions, eg the source of your funds if you are instructing on a purchase transaction
- Your National Insurance and tax details
- Your bank and/or building society details
- Details of your professional online presence, eg LinkedIn profile
- Details of your spouse/partner and dependants or other family members, eg if you instruct us on a family matter or a will
- Your employment status and details including salary and benefits, eg if you instruct us on matter related to your employment or in which your employment status or income is relevant
- Your nationality and immigration status and information from related documents, such as your passport or other identification, and immigration information, eg if you instruct us on an immigration matter
- Details of your pension arrangements, eg if you instruct us on a pension matter or in relation to financial arrangements following breakdown of a relationship
- Your employment records including, where relevant, records relating to sickness and attendance, performance, disciplinary, conduct and grievances (including relevant special category personal data), e.g if you instruct us on matter related to your employment or in which your employment records are relevant
- Your racial or ethnic origin, gender and sexual orientation, religious or similar beliefs, e.g if you instruct us on discrimination claim or in respect of a matter where such records are relevant
- Your trade union membership, e.g if you instruct us on discrimination claim or your matter is funded by a trade union
- Personal identifying information, such as your hair or eye colour or your parents’ names, e.g if you instruct us to incorporate a company for you
- Your medical records, e.g if we are acting for you in a personal injury claim
This personal data is required from you to enable us to provide our service to you. If you do not provide personal data we ask for, it may delay or prevent us from providing services to you.
How your personal data is collected
We collect most of this information from you. However, we may also collect information:
- from publicly accessible sources, e.g Companies House or HM Land Registry;
- directly from a third party, eg
- sanctions screening providers;
- credit reference agencies;
- client due diligence providers;
- from other parties involved in the matter which you have instructed us on.
- From government departments or agencies, such as the court service.
- from a third party with your consent, e.g:
- your bank or building society, another financial institution or advisor;
- consultants and other professionals we may engage in relation to your matter;
- your employer and/or trade union, professional body or pension administrators;
- your doctors, medical and occupational health professionals;
- via our information technology systems, e.g:
- case management, document management and time recording systems;
- reception logs;
- relevant websites and applications;
How and why we use your personal data
Under data protection law, we can only use your personal data if we have a proper reason for doing so, eg:
- to comply with our legal and regulatory obligations;
- for the performance of our contract with you or to take steps at your request before entering into a contract;
- for our legitimate interests or those of a third party; or
- you have given consent.
A legitimate interest is when we have a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests.
The information below explains what we use (process) your personal data for and our reasons for doing so:
What we use your personal data for = Our reasons
To provide legal services to you = Our legitimate interest as your legal advisors. For the performance of our contract with you or to take steps at your request before entering into a contract.
Conducting checks to identify our clients and verify their identity = To comply with our legal and regulatory obligations. Our legitimate interest as your legal advisors.
Screening for financial and other sanctions or embargoes = To comply with our legal and regulatory obligations. Our legitimate interest as your legal advisors.
Other processing necessary to comply with professional, legal and regulatory obligations that apply to our business, eg under health and safety regulation or rules issued by our professional regulator = To comply with our legal and regulatory obligations. Our legitimate interest as your legal advisors.
Gathering and providing information required by or relating to audits, enquiries or investigations by regulatory bodies = To comply with our legal and regulatory obligations. Our legitimate interest as your legal advisors.
Ensuring business policies are adhered to, e.g policies covering security and internet use = For our legitimate interests or those of a third party.
Operational reasons, such as improving efficiency, training and quality control = For our legitimate interests or those of a third party.
Ensuring the confidentiality of commercially sensitive information = For our legitimate interests or those of a third party. To comply with our legal and regulatory obligations.
Statistical analysis to help us manage our practice, e.g in relation to our financial performance, client base, work type or other efficiency measures = For our legitimate interests or those of a third party.
Preventing unauthorised access and modifications to systems = For our legitimate interests or those of a third party. To comply with our legal and regulatory obligations.
Updating and enhancing client records = For the performance of our contract with you or to take steps at your request before entering into a contract. To comply with our legal and regulatory obligations. For our legitimate interests or those of a third party.
Statutory returns = To comply with our legal and regulatory obligations. Our legitimate interest as your legal advisors.
Ensuring safe working practices, staff administration and assessments = To comply with our legal and regulatory obligations. For our legitimate interests or those of a third party.
Marketing our services and those of selected third parties to; existing and former clients; third parties who have previously expressed an interest in our services; third parties with whom we have had no previous dealings. = For our legitimate interests or those of a third party.
External audits and quality checks, e.g for Lexcel and the audit of our accounts = For our legitimate interests or a those of a third party. To comply with our legal and regulatory obligations.
The above information does not apply to special category personal data, which we will only process with your explicit consent.
We may use your personal data to send you updates (by email, text message, telephone or post) about legal developments that might be of interest to you and/or information about our services, including exclusive offers, promotions or new services or products.
We have a legitimate interest in processing your personal data for promotional purposes (see above ‘How and why we use your personal data’). This means we do not usually need your consent to send you promotional communications. However, where consent is needed, we will ask for this consent separately and clearly.
We will always treat your personal data with the utmost respect and never sell OR share it with other organisations other than with Everys Investment Management Ltd for marketing purposes.
You have the right to opt out of receiving promotional communications at any time by contacting James Griffin – email@example.com
We may ask you to confirm or update your marketing preferences if you instruct us to provide further services in the future, or if there are changes in the law, regulation, or the structure of our business.
Who we share your personal data with
We routinely share personal data with:
- professional advisers who we instruct on your behalf or refer you to, eg accountants, tax advisors or other experts; other third parties where necessary to carry out your instructions, eg your mortgage provider or HM Land Registry in the case of a property transaction or Companies House;
- our group companies;
- credit reference agencies;
- our insurers and brokers;
- external service suppliers, representatives and agents that we use to make our business more efficient, e.g typing services, marketing agencies, document collation, file storage provider, providers of our IT services or analysis suppliers;
- our bank;
We only allow our service providers to handle your personal data if we are satisfied they take appropriate measures to protect your personal data. We also impose contractual obligations on service providers relating to ensure they can only use your personal data to provide services to us and to you.
We may disclose and exchange information with law enforcement agencies and regulatory bodies to comply with our legal and regulatory obligations.
We may also need to share some personal data with other parties, such as potential buyers of some or all of our business or during a re-structuring. Usually, information will be anonymised but this may not always be possible. The recipient of the information will be bound by confidentiality obligations.
We will not share your personal data with any other third party save Everys Investment Management Ltd.
Where your personal data is held
Information may be held at our offices and those of our group companies, third party agencies, service providers, representatives and agents as described above (see ‘Who we share your personal data with’).
Some of these third parties may be based outside the European Economic Area. For more information, including on how we safeguard your personal data when this occurs, see below: ‘Transferring your personal data out of the EEA’.
How long your personal data will be kept for
We will keep your personal data after we have finished advising or acting for you. We will do so for one of these reasons:
- to respond to any questions, complaints or claims made by you or on your behalf;
- to avoid conflicts of interests with people related to you;
- to show that we treated you fairly;
- to keep records required by law.
We will not retain your data for longer than necessary for the purposes set out in this policy. Different retention periods apply for different types of data. When it is no longer necessary to retain your personal data, we will delete or anonymise it.
Transferring your personal data out of the EEA
To deliver services to you, it is sometimes necessary for us to share your personal data outside the European Economic Area (EEA), e.g:
- with our offices outside the EEA;
- with your and our service providers located outside the EEA;
- if you are based outside the EEA;
- where there is an international dimension to the matter in which we are advising you.
These transfers are subject to special rules under European and UK data protection law.
These non-EEA countries do not have the same data protection laws as the United Kingdom and EEA. We will, however, ensure the transfer complies with data protection law and all personal data will be secure. Our standard practice is to use standard data protection contract clauses which have been approved by the European Commission.
If you would like further information, please contact us (see ‘How to contact us’ below).
Updating Your Data
You are responsible for notifying us of any changes to your data, such as a change of your address or email details etc. You should notify the person dealing with your matter immediately should there be any change to the data listed in the above section headed Personal data we collect about you.
You have the following rights, which you can exercise free of charge:
Access – The right to be provided with a copy of your personal data (the right of access).
Rectification -The right to require us to correct any mistakes in your personal data.
To be forgotten – The right to require us to delete your personal data—in certain situations.
Restriction of processing – The right to require us to restrict processing of your personal data—in certain circumstances, e.g if you contest the accuracy of the data.
Data portability – The right to receive the personal data you provided to us, in a structured, commonly used and machine-readable format and/or transmit that data to a third party—in certain situations.
To object – The right to object: at any time to your personal data being processed for direct marketing (including profiling); in certain other situations to our continued processing of your personal data, e.g processing carried out for the purpose of our legitimate interests.
Not to be subject to automated individual decision-making -The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or, similarly, significantly affects you.
For further information on each of those rights, including the circumstances in which they apply, please contact us or see the Guidance from the UK Information Commissioner’s Office (ICO) on individuals’ rights under the General Data Protection Regulation.
If you would like to exercise any of those rights, please:
- email, call or write to us—see below: ‘How to contact us’; and
- 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 what right you want to exercise and the information to which your request relates.
Keeping your personal data secure
We have appropriate security measures to prevent personal data from being accidentally lost, or used or accessed unlawfully. We limit access to your personal data to those who have a genuine business need to access 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 we can resolve any query or concern you may raise about our use of your information.
The General Data Protection Regulation also gives you right to lodge a complaint with a supervisory authority, in particular in the European Union (or European Economic Area) state where you work, normally live or where any alleged infringement of data protection laws occurred. The supervisory authority in the UK is the Information Commissioner who may be contacted at https://ico.org.uk/concerns .
This privacy notice was published on 25th May 2018.
We may change this privacy notice from time to time, when we do we will inform you via email.
How to contact us
Our contact details are shown below:
Our contact details
James Griffin, 5 Heron Gate Office Park, Hankridge Way, Taunton, TA1 2LR
Telephone: 01823 337636