As an essential part of our business, we collect and manage client and non-client data. In doing so, we observe the UK Data Protection legislation, and are committed to protecting and respecting clients’ and non-clients’ privacy and rights. Specifically, we act as a “Data Controller” in respect of the information gathered and processed by us, and act in a fair, transparent and accountable manner.
In order that you are reliably informed about how we operate, we have developed this privacy notice, which describes the ways in which we collect, manage, process, store and share information about you as a result of you instructing us to act for you, or being employed by us, or visiting our website. The privacy notice also provides you with information about how you can have control over the use of your data.
As solicitors we owe a duty of confidentiality to our clients and staff to keep their matters private (and also may rely upon legal professional privilege). This document sets out your rights of privacy under the GDPR [General Data Protection Regulation] after 25 May 2018. Where one of our duties of confidentiality or privilege owed to you may overlap or conflict with the GDPR then they may have priority and take precedence so whilst this notice explains the GDPR rights it does not seek to remove or restrict those other duties owed to you.
If you have any comments or queries regarding our use of your data, please contact us on 01244457472 or alternatively email info@dgmsolicitors.co.uk We are registered with the Information Commissioners Office number Z3377149
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The GDPR sets out six lawful bases for processing personal data. These comprise:
Our lawful basis to process your personal data, will include, but is not limited to:
In general terms, we seek to collect information about you so that we can:
The information that we need for these purposes is known as your “personal data”. This includes your name, home address, email address, telephone and other contact numbers and financial information. We collect this in a number of different ways. For example, you may provide this data to us directly online or over the telephone, or when corresponding with us by letter.
We also process sensitive classes of information that includes:
We will only process this and record it if necessary to progress your instructions and at under the agreed contract or agreement.
We use the data collected from you for the specific purposes listed in the table below. Please note that this table also explains:
| Purpose for processing data | Legal basis for processing data | Third party organisations with whom data is shared |
|---|---|---|
| To administer our relationship with you, provide services and respond to enquiries. Provide legal/contractual services | To meet the requirements of a contract.To meet the requirements of a contract/compliance with a legal obligation/legitimate interest of the data controller/or in default consent | We use “Data Processors” and/or Third Parties to carry out tasks and obtain records and
information to progress your matter and they process data on our behalf. These include; barristers, medical experts and agencies, engineers, GPs, hospitals, other experts, outsource agents, enquiry and statement drafting agents, hire companies, BTE/ATE insurers, costs draftsmen, care experts, employment experts, accountants actuary experts, courts, Third Party Insurers/Solicitors,DVLA, MIB (including askMID, askCUE PI, MEDCO). |
| To ensure the billing of any procured services by you and obtain payment. | To meet the requirements of a contract. | Government VAT and tax inspectors, external auditors, internal auditors. |
| To communicate with you about legal updates, breaking news, newsletters and event invitations which are relevant to your interests and in line with your preferences. | To seek explicit consent prior to sending individuals the information and in line with preferences. | None. |
| To provide enquirers support by telephone – to include recording conversations for monitoring and quality purposes. | To fulfil contractual obligations this includes taking action before entering into a contract. | None. |
| To process and respond to complaints. | To meet a legal obligation. | Legal Ombudsman, SRA |
| To monitor and record information relating to the use of our services, to include our website. | To meet a legitimate interest in order to improve the services and experience and website for individuals. | Web service providers and cookie providers. |
| To capture photographs and videos to be used for marketing and promotional material for the firm, including our website, brochures, bids and tenders. | To seek explicit consent prior to collecting and using this information. | None. |
| To ensure the firms offices and its stored information is secure we may use CCTV services. | To meet the requirements of a contract. | CCTV service providers. |
| To conduct human resource administration to include assessing suitability, eligibility and/or fitness to work. | To fulfil contractual obligations this includes taking action before entering into a contract. | Disclosure and Barring Service. |
Under the terms of data protection legislation, you have the following rights as a result of using our service and our website (subject to confidentiality, as mentioned above):
This privacy notice fulfils our obligation to tell you about the ways in which we use your information as a result of you using our services.
You have the right to ask us for a copy of any personal data that we hold about you. This is known as a “Subject Access Request”. Except in exceptional circumstances (which we would discuss and agree with you in advance), you can obtain this information at no cost after 25th May 2018. We will send you a copy of the information within 30 days of your request.
Please Note – A Subject Access Request is not the same as a request for your file of papers and whether you are entitled to your file of papers will be bound by the terms of our contract or agreement with you and we can advise you further on that. We may be entitled to exercise a lien over your file of papers when our costs are unpaid, and be able to charge you for copies of information that you have already been provided with.
To make Subject Access Request, please email or write to our Data Protection Officer Mr Allen, at the details set out above.
If any of the information that we hold about you is inaccurate, you can contact our Data Protection Officer in writing. Before we can do this it may be necessary for us to investigate this with you and obtain proof of your identity.
From 25 May 2018, you can ask that we erase all personal information that we hold about you. Where it is appropriate that we comply, your request will be fully actioned within 30 days. Please note that there may be very good reasons why we cannot comply, for instance where we need to hold your file of papers electronically after conclusion of your matter for a statutory period e.g. limitation period and to comply with our obligations to the Solicitors Regulation Authority. For further information please contact us for assistance and advise you on your case.
You have the right to object to:
If you wish us to restrict the use of your data because (i) you think it is inaccurate but this will take time to validate, (ii) you believe our data processing is unlawful but you do not want your data erased, (iii) you want us to retain your data in order to establish, exercise or defend a legal claim, or (iv) you wish to object to the processing of your data, but we have yet to determine whether this is appropriate, please contact our Data Protection Officer.
If you would like to move, copy or transfer the electronic personal data that we hold about you to another organisation, please contact our Data Protection Officer.
If you would like to object to automated decision making without any individual involvement, and to the profiling of your data, please contact our Data Protection Officer.
DGM Solicitors is not aware of any justifiable reasons that would constitute a legitimate reason for objecting or complaining about the way we process or control information.
DGM Solicitors will typically retain information for a period of seven years from the conclusion of litigation matters. This is due to regulatory reasons and limitation periods in respect of any future claims or complaints and to ensure our business records are adequate to maintain the requisite levels of insurance to protect our clients and non-clients.
None of the information that we collect process or store as a result of this website is transferred outside of the European Economic Area (EEA). This includes information that is exchanged with any third party organisation as described above.
DGM Solicitors maintain a comprehensive data management work programme, which includes processes for ensuring that data protection is a key consideration of all new and existing IT systems that hold personal data. Where any concerns, risks or issues are identified, we conduct relevant impact assessments in order to determine any actions that are necessary to ensure optimum privacy.
We also maintain an active information security work programme which seeks to protect the availability, confidentiality and integrity of all physical and information assets. Specifically, this helps us to:
You can write to us at DGM Solicitors, 21 Venture Point, Stanney Mill Road, Little Stanney, Chester CH2 4NE you have any concerns or complaints about the ways in which your personal data has been handled as a result of you using our website.
If we cannot resolve your concerns, you have the right to lodge a complaint with the Information Commissioner’s Office who may be contacted at Wycliffe House, Water Lane, Wilmslow SK9 5AFor https://ico.org.uk.