You have provided Marsden Duncan with some personal data relating to you.
Under the European Union directive known as the General Data Protection Regulation (“GDPR”) which is due to be incorporated into UK law by the Data Protection Act 2018 we, as the data controller in respect of that personal data, are required to provide you with a set of specific information about how we will use, hold and retain this data as well as making you aware of various rights that you have under the related legislation. We have set this information out below in this note.
Should you have any queries about the manner in which we process your personal data please contact Kim Marsden as follows:
49-51 High Street
Kent CT11 9AG
The identity of the Data Controller: Kim Marsden
Why we process your personal data:
We process your personal data for the following purposes:
1. In order to meet our legal obligations;
2. Where the processing we carry out is necessary for the performance of a contract we have with you or in order to take steps at your request prior to entering into a contract with you; including to enable us to enter into, administer and perform a contract with you.
3. Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests; and
4. Where you have given us your consent to the processing of your personal data for one or more specific purposes.
The legal basis on which we are processing your personal data:
Consent: means that you, the “data subject” has given us your consent to the processing of your personal data for one or more specific purposes. Where we process your personal data on the basis of Consent you have the right to withdraw that consent at any time.
Necessity: means that the processing we carry out is necessary for the performance of a contract we have with you or in order to take steps at your request prior to entering into a contract with you.
Legal Compliance: means that the processing we carry out is necessary for compliance by us with a legal obligation placed on us.
Legitimate Interests: means that the processing of your personal data is necessary for the purposes of our legitimate interests or by a third party and those interests are considered to be sufficient to override your interests or fundamental rights and freedoms which require protection of your personal data.
What data may be collected?
Any of the following data may be collected:
1. Name and title
2. Contact information including an email address and telephone number
3. IP address
4. Web browser type and version
5. Operating system
Is it a legal (statutory or contractual) requirement for you to provide us with your personal data?
Where we process your personal data on the basis of Necessity or Legal Compliance please be aware that if you object to our processing your personal data on this basis (and no other lawful basis for that processing applies) it is likely that we will not be able to provide you with (or continue providing you with) the goods or services that will or are providing to you.
Only as required:
a. As required by any rule of law or regulation
b. In case of a transaction involving a lender; that lender
c. For a necessary step to be able to comply with your instructions including, but not limited to HMRC, HMLR the Solicitors Regulation Authority, our Auditors in connection of their discharge of any transaction as part of their annual inspection, our insurers in the event of a claim
d. Anyone you authorise or instruct us to pass details to
How long do we keep your personal data for:
We will keep your personal data, except in the case of Wills and Lasting Powers of Attorneys,(which are retained during the lifetime of a client but only for the client or his/her executors or administrators for SIX years and six months from the end of the calendar year following the conclusion of any matter in which we were instructed by you or following the termination of your employment of us, thereafter it will be destroyed.
Wills and Lasting Powers of Attorneys are retained simply for the record of past matters as evidence in the event of a dispute or challenge following death or other incident and solely for use of resolution of that issue.
Your Data Protection Rights:
As a “data subject” under the DPA and GDPR you have a set of specific rights. We are required to make you aware of the existence of these rights. They are in outline:
1. The right to request from us, as the Data Controller, access to your personal data;
2. The right to request rectification of your personal data;
3. The right to request erasure of your personal data;
4. The right to request a restriction on the processing of your personal data
5. The right to object to the processing of your personal data; and
6. The right to data portability
Your right to withdraw consent where processing is based on consent.
Where any part of our processing of your personal data is based on your consent you may withdraw your consent to that processing at any time.
We do not send e-mails except where required to contact you urgently, where it is needed for the expedience of a current or past matter, and only in respect of an underlying transaction in which we are or were instructed. We do not “e-mail shot” clients or former clients. If we hold security documents, then we shall retain contact information until such documents are withdrawn from us. We may write to you about Wills held and ensure that your Will is up to date but will not do so if you specifically request us not to.
For example, if you no longer wish to receive email updates using the email address that you submitted to us, you can do this at any time using the unsubscribe links contained in the correspondence that you receive or by clicking on this link [INSERT an unsubscribe link].
Your right to complain to the Information Commissioners Office.
You have the right to lodge a complaint about our compliance with the DPA with the applicable regulator for data protection.
This is the Information Commissioners Office. For more information you can visit their website at www.ico.gov.uk
We do not carry out automated decision making or profiling.