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Privacy Notice

Privacy Notice

 

This Privacy Notice aims to give you information on how we collect and process your personal data.

 

It is important that you read this Privacy Notice together with any other privacy notice or fair processing notice we may provide on specific occasions, when we are collecting or processing personal data about you so that you are fully aware of how and why we are use your data. This Privacy Notice supplements the other notices and is not intended to override them.

 

Your personal information will be held by Duncan Lewis Solicitors of Spencer House, 29 Grove Hill Road, Harrow-on-the-Hill, Middlesex HA1 3BN. If you have any questions in relation to this Privacy Notice or if you would like to contact us to exercise your rights as stated in this Privacy Notice, you may contact us at https://www.duncanlewis.co.uk/Home/Contact or by email at dataprotection@duncanlewis.com or by telephone on 0333 772 0409.

 

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns, before you approach the ICO so please contact us in the first instance.

 

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

 

DATA PROTECTION STAFF

 

Duncan Lewis Solicitors have nominated a suitable senior person within its designated Risk and Compliance Department, with the necessary resources to oversee our data protection compliance, David Head - Director of Risk and Compliance. He will be assisted with data protection on a day to day basis by designated members of the Risk and Compliance Department. You can contact the above by email at dataprotection@duncanlewis.com or by telephone on 0333 772 0409.

 

DATA PROTECTION PRINCIPLES

 

Your Personal Data will be:

 

  1. Used lawfully, fairly and in a transparent way.
  2. Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
  3. Relevant to the purposes we have told you about and limited only to those purposes.
  4. Accurate and kept up to date.
  5. Kept only as long as necessary for the purposes we have told you about.
  6. Kept securely.

 

THE KIND OF INFORMATION WE HOLD ABOUT YOU

 

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

 

We may collect different kinds of personal data including:

 

  • Identity Data - including first name, maiden name, last name, marital status, title, date of birth National Insurance number and gender.
  • Contact Data - including billing address, delivery address, and email address and telephone numbers.
  • Financial Data - including bank account and payment card details.
  • Transaction Data - including details about payments to and from you and other details of products and services you have purchased from us.
  • Marketing and Communication Data - including your preferences in receiving marketing from us and your communication preferences.
  • Information about your membership of a professional or trade association.
  • Communications with you including letters, emails and conversations recording with us.
  • Social relationships, your family friends and other relationships.
  • Open Data and Public Record.
  • Health information.
  • Details of your employment including name of employer, rate of pay, pay slips, contracts, location of employment and other details.
  • A credit reporting agency report.
  • Government Agency documents.
  • Identification documents, including driving licence, photographs, identity card and passport.
  • Recruitment information (including copies of right to work documentation, references and other information included in a CV or cover letter or as part of the application process).
  • Employment records (including job titles, work history, working hours, training records and professional memberships).
  • CCTV, voice recordings and other information obtained through electronic means.
  • Data about your use of our information and communications systems.

 

HOW IS YOUR PERSONAL INFORMATION COLLECTED?

 

We will collect personal data from you in a number of situations:

 

  • When you seek advice from us.
  • Use any of our internet on-line client services;
  • Make an enquiry on any area of our website;
  • Attend a seminar or other event provided by us;
  • Signing up to receive information from us, including training;
  • Applying for or accepting employment with us
  • Offering to provide or when you provide services to us.  
  • When we engage your services, including when we meet you out side our offices.
  • When you enter our buildings, including the recording of CCTV.
  • When you contact us by email or by any other electronic method.
  • When you telephone us including a recording of any telephone conversation.

 

HOW WE WILL USE INFORMATION ABOUT YOU

 

We will only use your personal data when the law allows us to do so.

Most commonly, we will use your personal information in the following circumstances:-

  1. Where we need to perform the contract we have entered into with you.
  2. Where we need to comply with a legal obligation.
  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.
  4. Where we have your Consent.
  5. We may also use your personal information in the following situations, which are likely to be rare:

  6. Where we need to protect your interests or someone else's interests.
  7. Where it is needed in the public interest or for official purposes.
  8. When we are required by law through a court or professional body.

 

Situations where we will use your personal information are set out below. We have stated the legal reason for processing the information by identifying the paragraph number above.

 

  • Contact Information - We may collect Personal Information that you choose to provide to us when you fill in forms on our Website or provide the same to us orally. This may include your name, position, company, contact details (such as business email, telephone number and business address) and your personal preferences, choices and requirements specific to particular requests or services. We may use this Personal Information to respond to your queries, to provide you with services and to provide information that you have requested.-3
  • Events - If you register for one of our events, we will share your name, professional title and your professional address with other people that are attending the same event.- 3
  • Marketing - Where you have provided us with your contact details, we may contact you by telephone or by post for marketing purposes relating to our services, our Website, and/or to research opinion on proposed legal or business developments, where legally permitted to do so, unless you let us know that you do not want to receive this type of marketing. We will only contact you for these marketing purposes by electronic means, where you have agreed to this. Your agreement to the use of your Personal Information for these purposes is optional and if you fail to provide your agreement, your visit to and use of the Website will not be affected.

 

You are entitled to opt-out from receipt of marketing communication at any time and free of charge by using the contact details provided in this Privacy Notice or by using the “unsubscribe” option included in any marketing e-mail or other marketing material received from us. – 3

 

  • Case Work - Personal data that you provide to us as a client or prospective client or on behalf of a client, is stored securely on our computer case management system and it will be used to fulfil our contractual and legal obligations to you and regulatory authorities - 3
  • Where legally permitted for specific purposes made clear at the point of collection on particular pages of our Website -2
  • Where we otherwise have legal grounds for collection and use of your Personal Information as explained in more detail above -2
  • Where we need to perform the contract we have entered into with you -1
  • Applying with regulations that apply to us. -2
  • To manage risk for us and our clients. -3
  • To respond to complaints and seek to resolve them. -1
  • To exercise our rights set out in agreements and contracts. -1
  • To carry out business management and planning, including accounting and auditing -3
  • Education, training and development requirements. -3
  • To monitor your use of our information and communication systems to ensure compliance with our Information Technology policies. -3
  • To ensure network and information security, including preventing unauthorised access to our computer and electronic communications systems and preventing malicious software distribution -3
  • Equal Opportunities Monitoring. -2
  • In acting for you in any legal case that you have instructed us or on behalf of a client who as instructed us . – 4

Some of the above grounds for processing will overlap and there may be several grounds which justify our use of your personal information.

 

If you fail to provide personal information.

 

If you fail to provide certain information when requested, we may not be able to perform the contract we have entered into with you or we may be prevented from complying with our legal or regulatory obligation.

 

Change of purpose.

 

We will only use your personal information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

 

Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

 

HOW WE USE PARTICULARLY SENSITIVE PERSONAL INFORMATION

 

Special categories of particularly sensitive personal information require higher levels of protection. We need to have further justification for collecting, storing and using this type of personal information. We have in place an appropriate policy document and safeguards, which we are required by law to maintain, when processing such data. We may process special categories of personal information in the following circumstances:

 

  1. With your explicit written consent.
  2. Where we need to carry out our legal obligations or exercise rights in a legal matter.
  3. Where it is needed in the public interest, such as for equal opportunities monitoring or in relation to a pension scheme.

 

INFORMATION ABOUT ANY CRIMINAL CONVICTIONS

 

In most instances we envisage that we will not hold information about criminal convictions

 

We will only collect information about criminal convictions, if it is appropriate given the nature of our contact with you and where we are legally able to do so. Where it is appropriate, we will collect information about any criminal convictions as part of a worker/ contractor recruitment process, instruction of contractors or as part of a legal case. We will use information about criminal convictions and offences in the following ways:

 

  • To obtain permission from any organisation to allow you to carry an employment/ worker/ contractor role with us.
  • To inform the Law Society and Solicitors Regulatory Authority of your relationship with us.
  • To represent you in a case where you have instructed us.

 

We are allowed to use your personal information in this way to carry out our obligations to the Law Society and the Solicitor Regulatory Authority. We have in place an appropriate policy and safeguards which we are required by law to maintain when processing such data.

 

AUTOMATED DECISION-MAKING

 

Automated decision making takes place when an electronic system uses personal information to make a decision without human intervention. We are allowed to use automated decision-making in the following circumstances:

 

  1. Where we have notified you of the decision and given you 21 days to request reconsideration.
  2. Where it is necessary to perform a contract with you and appropriate measures are in place to safeguard your rights.
  3. In limited circumstances, with your explicit written consent and where appropriate measures are in place to safeguard your rights.

 

If we make an automated decision on the basis of any particularly sensitive personal information, we must have either your explicit written consent or it must be justified in the public interest, and we must also put in place appropriate measures to safeguard your rights.

 

You will not be subject to decisions that will have a significant impact on you based solely on automated decision-making, unless we have a lawful basis for doing so and we have notified you.

 

DATA SHARING

 

  • We may have to share your data with third parties, including third-party service providers and other entities in the group.
  • We require third parties to respect the security of your data and to treat it in accordance with the law.
  • We may transfer your personal information outside the EU. If we do, you can expect a similar degree of protection in respect of your personal information.

 

Why might you share your personal information with third parties?

 

We may share your personal information with third parties where required by law, where it is necessary to administer the working relationship with you or where we have another legitimate interest in doing so.

 

Which third-party service providers process your personal information?

 

”Third parties” includes third-party service providers (including contractors and designated agents) and other entities within our group. The following activities are carried out by third-party service providers: payroll, pension administration, benefits provision, administration, IT services.

 

How secure is your information with third-party service providers and other entities in our group?

 

All our third-party service providers and other entities in our group are required to take appropriate security measures to protect your personal information in line with our policies. We do not allow our third-party service providers to use your personal data for their own purposes. We only permit them to process your personal data for specified purposes and in accordance with our instructions.

 

When might you share your personal information with other entities in the group?

 

We may share your personal information with other entities in our group as part of our regular reporting activities on company performance, in the context of a business reorganisation or group restructuring exercise, for system maintenance support, for providing on line services and hosting of data.

 

What about other third parties?

 

We may share your personal information with other third parties, for example in the context of the possible sale or restructuring of the business. We may also need to share your personal information with a regulator or to otherwise comply with the law.

 

Transferring information outside the EU.

 

We will transfer the personal information, we collect about you to our office India (i.e. outside the EU) in order to perform our contract with you. There is not an adequacy decision by the European Commission in respect of India. This means that India is not deemed to provide an adequate level of protection for your personal information. However, to ensure that your personal information does receive an adequate level of protection we have put in place total control over the servers so as to ensure that your personal information is treated in a way that is consistent with and which respects the EU and UK laws on data protection:

 

DATA SECURITY

 

We have put in place measures to protect the security of your Personal information. Details of these measures are available on the intranet.

 

Third parties will only process your personal information on our instructions and where they have agreed to treat the information confidentially and to keep it secure.

We have put in place appropriate security measures to prevent your personal information from being lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those workers, employees, agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality with us.

 

We have put in place procedures 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.

 

DATA RETENTION

 

How long will you use your information for?

 

We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal data, we consider the amount, 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 and whether we can achieve those purposes through other means, and the applicable legal requirements. In some instances we a Regulatory Authority may require us to keep data for a minimum period of time.

 

RIGHTS OF ACCESS, CORRECTION, ERASURE, AND RESTRICTION

 

Your duty to inform us of changes

 

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

 

Your rights in connection with personal information

 

Under certain circumstances, by law you have the right to:

 

  • Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information that we hold about you and to check that we are lawfully processing it.
  • Request correction of any personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
  • Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us to continue to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing.
  • Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object, where we are processing your personal information for direct marketing purposes.
  • Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
  • Request the transfer of your personal information to another party.

 

If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal data, or request that we transfer a copy of your personal information to another party, please contact The Risk and Compliance Department by email at Where we have notified you of the decision and given you 21 days to request reconsideration. or telephone us on 0333 772 0409.

 

No fee usually required

 

You will not have to pay a fee to access your personal information (or to exercise any of the other rights).

 

However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.

 

What we may need from you

 

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 information is not disclosed to any person who has no right to receive it.

 

RIGHT TO WITHDRAW CONSENT

 

In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that processing at any time. To withdraw your consent, please contact the Risk and Compliance Department by email at Where we have notified you of the decision and given you 21 days to request reconsideration. or telephone us on 0333 772 0409. 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 by law or we are required to do so by a regulatory body.

 

DATA PROTECTION OFFICER.

 

Duncan Lewis Solicitors have nominated a suitable senior person within its designated Risk and Compliance Department with the necessary resources to oversee our data protection compliance, David Head - Director of Risk and Compliance. We have not appointed a designated Data Protection Officer.

 

You can make any requests relating to your personal data, to the Risk and Compliance Department by email to dataprotection@duncanlewis.com. Where we have notified you of the decision and given you 21 days to request reconsideration. Further, you can raise any complaints using the Grievance Procedure and to the Information Commissions Office at https://ico.org.uk.

 

CHANGES TO THIS PRIVACY NOTICE

 

We may update this privacy notice at any time, and we will provide you with a new privacy notice when we make any substantial updates. We may also notify you in other ways from time to time about the processing of your personal information.

 

If you have any questions about this privacy notice, please contact the Risk and Compliance Department by email to dataprotection@duncanlewis.com

 

Call us now on 033 3772 0409 or click here to send online enquiry.
Duncan Lewis is the trading name of Duncan Lewis (Solicitors) Limited. Registered Office is Spencer House, 29 Grove Hill Road, Harrow, HA1 3BN. Company Reg. No. 3718422. VAT Reg. No. 718729013. A list of the company's Directors is displayed at the registered offices address. Authorised and Regulated by the Solicitors Regulation Authority . Offices all across London and in major cities in the UK. ©Duncan Lewis >>Legal Disclaimer, Copyright & Privacy Policy. Duncan Lewis do not accept service by email.