Macandrew & Jenkins

Data Protection

PRIVACY STATEMENT

MACANDREW & JENKINS WS LLP

You entrust Macandrew & Jenkins WS LLP with your important information and we take our responsibilities seriously.  We are committed to protecting and respecting your personal data.

  1. What is the purpose of this Privacy Statement

This Privacy Statement explains how Macandrew & Jenkins WS LLP looks after your personal data when we provide our services, in accordance with legislation intended to protect your personal data and privacy, including the General Data  Protection Regulation and related rules.  We also explain what your rights are.

By providing your personal data you acknowledge that we will endeavour to use it in accordance with this Privacy Statement.

  1. How we will use your personal data?

Data protection laws require that the personal data we hold about you must be:-

Used lawfully, fairly and in a transparent way;

Collected only for valid purposes as per our Terms of Business that we have clearly explained to you and not used in a way that is incompatible with those purposes;

Relevant to the purposes we have told you about and limited only to those purposes;

Accurate and kept up to date; (providing you intimate any changes to us)

Kept secure and confidential;

Kept only as long as necessary for the purposes we have told you about.

  1. How do we ensure the security of your personal data?

We have put in place appropriate security measures through our IT Support Provider (currently SFG) to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed.  In addition, we limit access to your personal data to those employees, agents, contactors and other third parties who have a business need to use your data.  They will only process your personal data on our instructions and are subject to a duty of confidentiality.

We have put in place procedures (per SFG) to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.

As part of our data security measures, we ensure that we have appropriate data protection policies in place to support our compliance.

  1. What kind of personal data may we hold about you?

Personal data means any information about an individual from which that person can be identified.

In order to provide our products and services, depending on which you select, we may collect the following types of personal data about you:

Contact details such as name, address(es), telephone number(s) and email address(es)

Identification information such as: signature, date of birth, gender, nationality, residency, national insurance number or other national identity number, such as Passport number, driving licence, tax identification numbers and tax rate; income and financial details, bank or building society account details, policy details, marital status, occupation, benefits and entitlements, employment status, employer and job title;

  1. How may we collect your personal data?

We may collect personal data from you in a number of ways:-

Information you give us:  You may choose to provide us with your personal data:

By submitting a request via the “Contact Us” facility on our website for us to contact you;

Corresponding with us by telephone, email, letter or other means’

Applying for a product or service

In discussion with one of our authorised representatives; or

By participating in feedback or surveys or by providing contact details offline.

Information we collect about you: we may automatically collect technical information such as your internet protocol  IP address if  you use our website. 

We may receive from third parties, such as your appointed agent, your financial or tax adviser, another financial services provider such as a pension provider or insurance company, health professional or your employer;

We may receive information from companies we use to verify your identity and /or to prevent fraud such as credit reference agencies (please not such companies may record the details of the search) including the electoral register and credit information, in accordance with our legal obligations;

We may also receive information from third parties who contact us such as Her Majesty’s Revenue & Customs (HMRC), the Department for Work & Pensions (DWP) or the Police or other government agencies; and

We may obtain personal data from public sources such as Companies House.

  1. How we will use your personal data?

We will only use your personal data when the law allows us to.  Most commonly we use your personal data to provide your product or service and to comply with our legal obligations.  We set out the main reasons why we process your personal data and the applicable circumstances below:

To perform the contract we have entered into with you, for example to:

Provide legal services as requested by you for  conveyancing, etc.,

Provide other related services e.g. will preparation, Power of Attorney preparation etc.

Confirm your identity and to communicate with you;

To comply with a legal obligation, for example:

Where we are required to use your personal data and maintain records of our dealings with you by our regulators such as the Prudential Regulation Authority (PRA),  Financial Conduct Authority (FCA), Information Commissioner’s Office (ICO) and HMRC;

To respond to complaints and data subject requests (see section 12 below; and

To investigate, prevent of detect crime;

Where it is necessary for our legitimate interests (or those of a third party) provided your interests and fundamental rights do not override those interests, for example:

To establish, exercise or defend our legal rights, where we are faced with any legal claims or where we want to pursue legal claims ourselves;

To prevent, investigate and detect fraud and carry out fraud, credit and anti-money laundering checks;

To respond to and manage ad hoc enquiries and complaints;

To provide management information to enable us to monitor our performance and understand our business, to maintain our business records, to manage our financial position and business capability, to receive professional advice, to improve our products and services and for training purposes;

For accounting, auditing purpose and corporate governance purposes;

To assist with debt recovery;

To provide and improve customer support, and ;

To manage risk for us and our clients;

Where we have obtained your explicit written consent to do so, for example:

To process your sensitive personal data or criminal offences information (see section 7 below);

To provide you with marketing services, including information about Macandrew & Jenkins WS LLP or its services and any related information.

On rare occasions we may also use your personal data where we need to protect your interests (or someone else’s interests) or where it is needed in the public interest, for example for the investigation, detection and prevention of crime.

In order to administer your transaction and comply with our legal obligations, we will send you communications in respect of your transaction, which are not marketing communications.

  1.  How we will use sensitive personal data?

We may process special or sensitive personal data, and criminal offences information, with your explicit written consent, for example in order to prove appropriate financial advice or to administer or pay out funds from sale proceeds or executry estates and in other limited circumstances:

Where we need to carry out our legal obligations as explained in this Privacy Statement; and

Where it is in the public interest, such as for equal opportunities reporting or the prevention and detection of unlawful activity such as fraud.

Less Commonly, we may process this type of information where it is needed in relation to legal claims or where it is need to protect your interests (or someone else’s interests) and you are not capable of giving your consent, or where you have already made the information public.

If we ask for your consent to collect and use this type of information, we will explain why it is necessary.  If you provide this type of information on behalf of a third party, we will ask you to confirm that the third party has provided his or her consent for you to act on their behalf.

  1.  If you choose not to provide or update personal data

If you do not provide certain information requested we may not be able to provide legal services to you and we may be able to comply with our legal obligations, such as verifying your identity and complying with anti-fraud and anti-money laundering rules.It could mean we have to cancel a product or service you have with us.

It is important that the personal data we hold about you is accurate and current.Please keep us informed if your personal data changes.

Please note that we may process your personal data without your knowledge or consent where this is required or permitted by law.

  1. Who may we share your personal data with?

We may have to share your data with third parties, including third party service providers (such as contractors and designated agents e.g. Legal Reports, Registers of Scotland) as well as other companies with whom we deal as part of the operation of our services.

Why might we share your personal date?

We may share your personal data with third parties where required by law, where it is necessary to provide our services, administer your contract with us or where we have another legitimate interest in doing so, in each case for the purposes described in this Privacy Statement.

We may share your personal data with third parties who we use to provide our services and products, such as Banks, Building Societies, Registers of Scotland, Millar & Bryce and any third party service providers in accordance with our contractual and legal obligations.  These third parties may also be data controllers in their own right and have third privacy policies.

We may also share your personal data with the following third party service providers who also support the provision of our services IT and office administration services, payroll for pension payments’ identity verification, anti-fraud and anti-money laundering checks including via credit reference agents; compliance services’ survey and marketing communication providers; direct debit schemes;  and such other suppliers as may use from time to time.

Where we are under a legal duty to do so we may share your personal data with HMRC and other tax authorities, the Financial or Pensions Ombudsman Services, the DWP, the courts, the police and other law enforcement agencies.

We will share your personal data for our legitimate interests with other entities in our group as part of our regular reporting activities on company performance, for business development and trend analysis purposes, for fraud detection and prevention, in the context of a business reorganisation or group restructuring exercise, for system maintenance support and hosting of data.

We may share your data with other third parties, for example in the context of the possible sale or restructuring of the business.

We will not sell your details to any third party.  We will not use your personal data for marketing purposes without your explicit written consent.  We do not use automated decision-making or profiling.

How secure is your information with third parties?

We will only share your personal data for the purposes specified in this Privacy Statement.

  1. Transferring information outside the European Economic Area (“EEA)

We do not typically transfer much personal data outside the EEA.  However, on a limited basis we may transfer the personal data we collect about you to certain countries in order to provide compliance and internal audit checks on the services and products we provide and for legal and risk reporting purposes.

However, we will endeavour to take the appropriate steps required by applicable data protection laws to ensure your personal data is protected.

If you require further information about these protective measures, you can request it using the contact details at the end of this Privacy Statement.

  1. How long will we use your information for?

We will keep your personal data for as long as you’re a client.  Thereafter we may keep your data for up to 10 years to enable us to respond to any questions or complaints and to maintain records where we are required to do so.  We may keep your data for longer than 10 years if we cannot delete it for legal, regulatory or technical reasons, for example in relation to a pension contract, or where such date is available from title deeds, executry papers and other similar records.

To determine the appropriate retention period we consider the type of contract you have with us, the quantity, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data, whether we can achieve those purposes through other means and any applicable legal requirements to retain such personal data for prescribed periods.  Where we retain your data we will make sure your privacy is protected and only use it for the purposes described above.

In some circumstances, we may anonymise or pseudonymise your personal data so that it can no longer be associated with you, in which case may use such information without further notice to you.

  1. Your rights in connection with personal data

You can ask us to do certain things with your personal data, such as provide a copy of it, correct it or even delete it.There may be occasions where we cannot comply with a request and we will tell you if this is the case and give our reasons.This will usually be for legal or regulatory reasons.

Under certain circumstances you have the right to:

Request access to your personal data (“data subject access request”).This enables you to confirm whether we process your personal data and to receive a copy of the personal data we are processing and certain information about how we use your personal data.

Request correction of the personal data that we hold about you.This enables you to have any incomplete or inaccurate information we hold about you corrected.

Request the erasure your personal data.You can ask us to delete or remove personal data where the processing is no longer necessary for the original purpose, or where you withdraw your consent, or the processing is unlawful or your personal data must be erased to comply with the law.However, in some cases, if we have another legal basis or legitimate interest for processing your personal data, we may not be able to comply.We will tell you if this is the case.

Request the restriction of processing of your personal data.You can ask us to restrict the processing of personal data where you think the personal data we hold is inaccurate until we can verify its accuracy, or you believe we no longer need to process your personal data (but you do not want it erased), or you wish processing to be restricted pending confirmation that our processing is based on our overriding legitimate interest.

Object to the processing of your personal data.You have the right to object to us processing your personal data where we are doing so:

Based on our legitimate interest (for the purposes described in this Privacy Statement) unless we can demonstrate compelling grounds as to why the processing should continue in accordance with data protections laws; and

For direct marketing purposes.

Please note that by exercising this right it is possible that we will no longer be able to continue to provide our services or administer our contract with you.In such circumstances, you would need to consider transferring to another provider.

Request the transfer of your personal data to another party.In certain circumstances you can ask us to send your personal data to a third party of your choice.For example, where it is information which is processed by us by automated means and you have consented to such processing or we need to process the information to perform our contract with you, or youhave asked us to certify and provide personal data to a 3rd party.

Right to withdraw consent

If you have provided your consent to the processing of your persona data for a specific purpose, you have the right to withdraw your consent for that specific processing at any time.This would not affect the validity of the processing prior to such date.Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.

Please note that by exercising this right, it is possible that we will no longer be able to continue to provide our services or administer our contract with you.In such circumstances, you would need to consider transferring to another provider.

How do you exercise your rights?

You can make a request by contacting us via a number of ways set out below.However, we will always ask you to confirm your request in writing.

You will not usually have to pay a fee to exercise any of your rights.However, we may charge a reasonable administration fee, or not comply with a request, if a request is clearly unfounded, excessive or repetitive so as to be deemed vexatious.

We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights).This is another appropriate security measure to ensure that personal data is not disclosed to any person who has no right to receive it.

  1. What if you have queries about this Privacy Statement or the way we use your personal data?

If you wish to exercise any of your rights, or you have any questions about this Privacy Statement, how we handle your personal data or if you wish to make a complaint, please email: email@macandrewjenkins.co.uk or call us on 01463 723500 Monday to Friday 9am to 5pm.

  1. Right to complain

We reserve the right to update the Privacy Statement at any time, and we will notify you if we make any substantial updates.  We may also notify you in other ways from time to time about the processing of your personal data.  You should check our website at www.macandrewjenkins.co.uk periodically to view the most up to date Privacy Statement.

                                                                                                                                                                                16.5.18

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