PRIVACY POLICY

 

1. Purpose of this Policy

We are committed to safeguarding and respecting your privacy.  This policy describes how we use any personal information you provide to us and any other information we collect about you and the purposes for which we process your personal information. It also sets out your rights in respect of our processing of your personal information.

This policy will inform you of the nature of your personal information that is processed by us and how you can request that we delete, update, transfer and/or provide you with access to it.

This policy is intended to assist you in making informed decisions when using our website and our services and/or to understand how your personal information may be processed by us as a result of providing the services to third parties.

Please also note that this policy only applies to the use of your personal information obtained by us.

We are registered with the ICO for the purposes of the Data Protection Act 1998. 

If you have any questions or comments about this policy or about the way in which we use your information, please feel free to contact us.

We may change this policy from time to time by updating this page.  You should check this page from time to time to ensure you are happy with any changes.

 

2. What personal information do we collect

We may collect personal information from you in the course of our business, including through your use of our website, when you contact or request information from us, when you engage our legal services or as a result of your relationship with our staff or clients.

Our primary goal in collecting personal information from you is to help us:

•           verify your identity

•           deliver our services

•           carry out requests made by you on our website or in relation to our services

•           investigate or settle inquiries or disputes

•           comply with any applicable law, court order, other judicial process, or the requirements of a regulator

•           enforce our agreements with you

•           protect the rights, property or safety of us or third parties, including our other clients and users of the site or our services

•           use as otherwise required or permitted by law.

To undertake these goals we may process the following personal information:

If you are a visitor to the website:

•           Name (or company name).

•           Contact information including the company you work for, email address and social media account where appropriate.

•           Information such as your address.

•           Other information relevant to the provision of Services.

If you are an individual client in receipt of our services or prospective individual client:

•           Name and job title.

•           Contact information including the company you work for and email address, where provided.

•           Payment information.

•           Information that you provide to us as part of us providing our services to you, which will depend on the nature of your instructions.

•           Relevant information as necessary for legally required identity checks and/or Anti-Money Laundering regulations and as part of our client intake procedures. This may possibly include evidence of source of funds, at the outset of and possibly from time to time throughout our relationship with clients, which we may request and/or obtain from third party sources. The sources for such verification may comprise documentation which we request from you or through the use of online sources or both.

•           Other information relevant to provision of services.

If you are an individual whose personal information is processed by us as a result of providing the services to others (including individual clients) we will process a variety of different personal information depending on the services provided.

This may include personal information relating, without limitation, to any of our clients or prospective clients, any opponent or vendor or purchaser personal information including personal information relating to their legal advisers, other advisers or personnel as relevant or similar.

For example, if we are providing pensions information or serving a pension order upon trustees, we may be provided with and then process (amongst other information) details of benefit entitlement, pensionable service, pensionable salary, contact information, date of birth and gender in respect of members of pension schemes.

We might also need to process personal information in relation to other third parties instructed either by our own clients or other persons or companies involved with us providing the services to our client (for instance other solicitors/law firms, barristers, process servers, experts etc.).

This is a non-exhaustive list which is reflective of the varied nature of the personal information processed as part of a solicitors practice providing legal services.

If you have also provided us with personal information about any other person, you confirm that he/she consents to our use of his/her personal data and that you have informed him/her of our identity and provided him/her with a copy of this policy.

 

 

3. Other information collected automatically

In addition to the information that you may provide to us, we (and our external web hosting service provider) may also collect details of your visits to the website and the resources that you access, however, such information does not identify you as an individual.

We may collect information about your mobile phone, computer or other device from which you access our website including, where available, your IP address, operating system and browser type, for systems administration. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual. We may, however, use such information in conjunction with the data we have about you in order to track your usage of our services.

 

4. How do we use your personal information

We may use your information for the following purposes:

•           Provision of services

We collect and maintain personal information that you voluntarily submit to us during your use of the website and/or our services to enable us to perform those services. Please note also that our Terms of Business apply when we provide services.

•           What is our legal basis?

It is necessary for us to process your information to perform our obligations in accordance with any contract that we may have with you. It is in our legitimate interest or a third party's legitimate interest to use your personal information in such a way to ensure that we provide the very best client service we can to you or others.

•           Client services

Our website uses various user interfaces to allow you to request information about our services including an electronic enquiry form. Contact information may be requested in each case, together with details of other personal information that is relevant to your service enquiry. This information is used in order to enable us to respond to your requests.

•           What is our legal basis?

It is in our legitimate interest or a third party's legitimate interest to use your personal information in such a way to ensure that we provide the very best client service we can to you or others.

•           Business administration and legal compliance

We use your personal information for the following business administration and legal compliance purposes:

•           to comply with our legal obligations (including any Identity Checks or Anti-Money Laundering, conflicts or similar obligations including, but not limited to, maintaining regulatory insurance);

•           to enforce our legal rights;

•           to protect the rights of third parties; and

•           in connection with a business transaction such as a merger, or a restructuring, or sale.

•           What is our legal basis?

Where we use your personal information in connection with a business transaction, to enforce our legal rights, or to protect the rights of third parties it is in our or a third party's legitimate interest to do so. For all other purposes described in this section, it is our legal obligation to use your personal information to comply with any legal obligations imposed upon us.

 

Cookies

Our website uses cookies - small files stored by your browser that allow it to recognise you as a user and store your preferred settings. The use of cookies on this website complies with the E U Privacy Directive adopted in theUKin the Privacy and Electronic Communications Regulations 2012.  Cookies are widely used to make websites function efficiently. Details of all the cookies used by our website are set out at the bottom of this page.

You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies, however, this may lead to loss of some of the functionality of our website.  Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log in to our website.

As such and in accordance with the Information Commissioners’ guidance on the Privacy and Electronic Communication Regulations it is understood by visiting this site you have given your implied consent for cookies being sent on your device.

 

5. What is our legal basis to use or process your personal information

It is necessary for us to use your personal information;

•           To perform our obligations in accordance with any contract that we may have with you.

•           It is in our legitimate interest or a third party's legitimate interest to use personal information in such a way to ensure that we provide the services in the best way that we can.

•           It is our legal obligation to use your personal information to comply with any legal obligations imposed upon us.

 

6. Who do we share your personal information with

We may share personal information with a variety of the following categories of third parties as necessary:

•           Our professional advisers such as other solicitors/barristers/lawyers and accountants.

•           Government or regulatory authorities.

•           Professional indemnity or other relevant insurers.

•           Regulators/tax authorities/corporate registries.

•           Courts.

•           Third parties to whom we outsource certain services such as, but not  limited to, dictation services, document processing and translation services, confidential waste disposal, IT systems or software providers for, but not limited to, accounts and case management, dictation software and similar, IT Support service providers, document and information storage providers.

•           Third parties engaged in the course of the services we provide to clients such as barristers, arbitrators, mediators, clerks, witnesses, cost draftsmen, court, opposing party and their solicitors, document review platforms and experts such as tax advisers or valuers.

•           Third party service providers to assist us with client insight analytics, such as Google Analytics.

•           Third party postal or courier providers who assist us in delivering documents related to a matter.

•           Please note this list is non-exhaustive and there may be other examples where we need to share with other parties in order to provide the Services as effectively as we can.

 

7. Third party contractors and other controllers

We may appoint sub-contractor data processors as required to deliver the Services, such as, but not limited to, document processing and translation services, confidential waste disposal, IT systems or software providers, IT Support service providers, document and information storage providers, who will process personal information on our behalf and at our direction. We conduct an appropriate level of due diligence and put in place contractual documentation in relation to any sub-contractor to ensure that they process personal information appropriately and according to our legal and regulatory obligations.

Further, we may appoint external data controllers where necessary to deliver the Services (for example, but not limited to, accountants, barristers or other third party experts. When doing so we will comply with our legal and regulatory obligations in relation to the personal information, including but without limitation, putting appropriate safeguards in place.

•           What is our legal basis?

It is necessary for us to perform our obligations in accordance with any contract that we may have with you.

It is in our legitimate interest or a third party's legitimate interest to use personal information in such a way to ensure that we provide the services in the best way that we can.

 

8. How long do we keep your personal information for

For visitors to the website, we will retain relevant personal information for at least three years from the date of our last interaction with you and in compliance with our obligations under the EU General Data Protection Regulation or similar legislation around the world, or for longer if we are required to do so according to our regulatory obligations or professional indemnity obligations.

For service provision to any client, we will retain relevant personal information for at least six years from the date of our last interaction with that client and in compliance with our obligations under the EU General Data Protection Regulation or similar legislation around the world, or for longer as we are required to do so according to our regulatory obligations or professional indemnity obligations. We may then destroy such files without further notice or liability.

If personal information is only useful for a short period e.g. a services enquiry by a potential client that does not proceed we may delete it.

 

9. Confidentiality and the security of your personal information

We are committed to keeping the personal information provided to us secure and we have implemented appropriate information security policies, rules and technical measures to protect the personal information that we have under our control from unauthorised access, improper use or disclosure, unauthorised modification and unlawful destruction or accidental loss.

All of our employees, consultants, workers and data processors (i.e. those who process your personal information on our behalf, for the purposes listed above), who have access to, and are associated with the processing of personal information, are obliged to respect the confidentiality of such personal information.

 

10. How to access your information and your other rights

You have the following rights in relation to the personal information we hold about you:

•           Your right of access

If you ask us, we'll confirm whether we are processing your personal information and, if necessary, provide you with a copy of that personal information (along with certain other details). If you require additional copies, we may need to charge a reasonable fee.

•           Your right to rectification

If the personal information we hold about you is inaccurate or incomplete, you are entitled to request to have it rectified. If you are entitled to rectification and if we've shared your personal information with others, we'll let them know about the rectification where possible. If you ask us, where possible and lawful to do so, we'll also tell you who we've shared your personal information with so that you can contact them directly.

•           Your right to erasure

You can ask us to delete or remove your personal information in some circumstances such as where we no longer need it or if you withdraw your consent (where applicable). If you are entitled to erasure and if we've shared your personal information with others, we'll let them know about the erasure where possible.

•           Your right to restrict processing

You can ask us to 'block' or suppress the processing of your personal information in certain circumstances, such as where you contest the accuracy of that personal information or you object to us. If you are entitled to restriction and if we've shared your personal information with others, we'll let them know about the restriction where it is possible for us to do so. If you ask us, where it is possible and lawful for us to do so, we'll also tell you who we've shared your personal information with so that you can contact them directly.

•           Your right to data portability

You have the right, in certain circumstances, to obtain personal information you've provided us with (in a structured, commonly used and machine readable format) and to reuse it elsewhere or to ask us to transfer this to a third party of your choice. However, we are not required to adopt or maintain processing systems that are technically compatible with other organisations. The data itself will be provided free of charge, however as a processor we have the right to charge the data controller for our time spent making the data available. The fee for this will be agreed between ourselves and our clients on an order by order basis depending on the amount of work involved.

•           Your right to object

You can ask us to stop processing your personal information, and we will do so, if we are:

•           relying on our own or someone else's legitimate interests to process your personal information, except if we can demonstrate compelling legal grounds for the processing; or

•           processing your personal information for direct marketing purposes (please note it is not the policy of this firm to use direct marketing to clients).

•           Your right to withdraw consent

If we rely on your consent (or explicit consent) as our legal basis for processing your personal information, you have the right to withdraw that consent at any time.

•           Your right to lodge a complaint with the supervisory authority

If you have a concern about any aspect of our privacy practices, including the way we've handled your personal information, you can report it to the relevant Supervisory Authority.

 

Please note that some of these rights may be limited where we have an overriding interest or legal obligation to continue to process the data or where data may be exempt from disclosure due to reasons of legal professional privilege or professional secrecy obligations. We will retain some basic information for clients such as name and address for the purposes of identifying potential conflicts. Such historic data will never be used for the purposes of marketing and only for legitimate interest or legal or other obigations.  


11. Collection of information by third-party sites and social media

Our website contains links to third party websites such as Facebook, LinkedIn, Twitter and other social media.  If you click on any of these links, the third party website may set one or more cookies.  We have no control over the setting or use of such cookies and you should refer to the privacy and cookies policies of the relevant social media site(s) for information on which cookies they set and how they are used.

 

12. Changes to this Privacy Policy

We may make changes to this Privacy Policy from time to time. To ensure that you are always aware of how we use your personal information we will update this Privacy Policy from time to time to reflect any changes to our use of your personal information. We may also make changes as required to comply with changes in applicable law or regulatory requirements. Where it is practicable, we will notify you by email of any significant changes. However, we encourage you to review this Privacy Policy periodically to be informed of how we use your personal information.

 

THE COOKIES WE USE

Google Analytics

The following cookies are set by Google Analytics and enable us to improve our site relevance to visitors.  This helps us work out how visitors have arrived at our website and which parts of our website are of most interest to visitors.  We use this information to help us work out what amended and additional content to include on our website and plan our marketing and social media activities. 

 

The following cookies are set by Google Analytics (for more information visit the Google Analytics website).

 

Name

Cookie Type

Expires When?

_utmc

session cookie

end of session

_utmb

session cookie

end of session

_utmz

site navigation cookie

6 months

_atuvc

general tracking cookies

2 years

_utma

browser ID cookie

2 years

PHPSESSID

session ID cookie

2 years

HSID

cookie set-up

10 years

SSID

cookie set-up

10 years

APISID

cookie set-up

10 years

SAPISID

cookie set-up

10 years

SID

cookie set-up

10 years

 

 

Contact Us

 

I understand that Deborah Gibbins & Co will use my contact details to get in touch to help my enquiry

Your data is stored in line with our Privacy Policy

 

What Our Clients say...

Just a little note to thank you very much for all your hard work and help in obtaining an injunction against my ex-partner.  I could not have asked for a better result.  Thank you again.

Miss C N – Wickford