Privacy Policy

At Fraser Brown we take your privacy very seriously. Maintaining the security of your data is a priority and we are committed to respecting your privacy rights.  We pledge to handle your data fairly and legally at all times.  Fraser Brown is also dedicated to being transparent about what data we collect about you and how we use it.

This policy, which applies when you visit our website at https://www.fraserbrown.com/privacy policy provides you with information about:

  • how we use your data;
  • what personal data we collect;
  • how we ensure your privacy is maintained; and
  • your legal rights relating to your personal data.

Please read this privacy policy carefully as it contains important information on who we are and how and why we collect, store, use and share your personal data. It also explains your rights in relation to your personal data and how to contact us or supervisory authorities in the event you have a complaint.

When we use your personal data we are regulated under the General Data Protection Regulation (GDPR) which applies across the European Union (including in the United Kingdom) and we are responsible as ‘controller’ of that personal data for the purposes of the GDPR. Our use of your personal data is subject to your instructions, the GDPR, other relevant UK and EU legislation and our professional duty of confidentiality.

CONTENTS:

  • Changes to this privacy policy
  • Key terms
  • Personal data we collect about you
  • How your personal data is collected
  • How and why we use your personal data
  • Promotional communications
  • Who we share your personal data with
  • Where your personal data is held
  • How long your personal data will be kept
  • Transferring your personal data out of the EEA
  • Your rights
  • Keeping your personal data secure
  • How to complain
  • How to contact us

 

Changes to this privacy policy

This privacy policy was published on 24th May 2018 and last updated on 24th May 2018.

We may change this privacy policy from time to time, when we do we will update this policy on our website.

Key terms

It would be helpful to start by explaining some key terms used in this policy:

We, us, our

Fraser Brown

Our data protection officer

Fiona Boswell

Personal data

Any information relating to an identified or identifiable individual

Special category personal data

Personal data revealing racial or ethnic origin, political opinions, religious beliefs, philosophical beliefs or trade union membership

Genetic and biometric data

Data concerning health, sex life or sexual orientation

 

Personal data we collect about you

The table below sets out the personal data we will or may collect in the course of advising and/or acting for you.

Personal data we will collect

Personal data we may collect depending on why you have instructed us

Your name, address and telephone number

Information to enable us to check and verify your identity, eg your date of birth or passport details

Electronic contact details, eg your email address and mobile phone number

Information relating to the matter in which you are seeking our advice or representation

Information to enable us to undertake a credit or other financial checks on you

Your financial details so far as relevant to your instructions, eg the source of your funds if you are instructing on a purchase transaction

 

Information about your use of our IT, communication and other systems, and other monitoring information, eg if using our secure online client portal

Your National Insurance and tax details

Your bank and/or building society details

Details of your professional online presence, eg LinkedIn profile

Details of your spouse/partner and dependants or other family members, eg if you instruct us on a family matter or a will

Your employment status and details including salary and benefits, eg if you instruct us on matter related to your employment or in which your employment status or income is relevant

Your nationality and immigration status and information from related documents, such as your passport or other identification, and immigration information, eg if you instruct us on an immigration matter

 

Details of your pension arrangements, eg if you instruct us on a pension matter or in relation to financial arrangements following breakdown of a relationship

Your employment records including, where relevant, records relating to sickness and attendance, performance, disciplinary, conduct and grievances (including relevant special category personal data), eg if you instruct us on matter related to your employment or in which your employment records are relevant.

Your racial or ethnic origin, gender and sexual orientation, religious or similar beliefs, eg if you instruct us on discrimination claim

Your trade union membership, eg if you instruct us on discrimination claim or your matter is funded by a trade union

Personal identifying information, such as your eye colour or your parents’ names, eg if you instruct us to incorporate a company for you.

Your medical records, eg if we are acting for you in a personal injury claim.

 

This personal data is required to enable us to provide our service to you. If you do not provide personal data we ask for, it may delay or prevent us from providing services to you.

How your personal data is collected

We collect most of this information directly from you, via letters, email, forms or via our secure online client portal. However, we may also collect information:

  • from publicly accessible sources, eg Companies House or HM Land Registry;
  • directly from a third party, eg:
  • sanctions screening providers;
  • credit reference agencies;
  • client due diligence providers;
  • from a third party with your consent, eg:
  • your bank or building society, another financial institution or advisor;
  • consultants and other professionals we may engage in relation to your matter;
  • your employer and/or trade union, professional body or pension administrators;
  • your doctors, medical and occupational health professionals;
  • via our website—we use cookies on our website (for more information on cookies, please see our cookies policy on our website www.fraserbrown.com
  • via our information technology (IT) systems, eg:
  • case management, document management and time recording systems;
  • door entry systems and reception logs;
  • automated monitoring of our websites and other technical systems, such as our computer networks and connections, CCTV and access control systems, communications systems, email and instant messaging systems;

How and why we use your personal data

Under data protection law, we can only use your personal data if we have a proper reason for doing so, eg:

  • to comply with our legal and regulatory obligations means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to;
  • for the performance of our contract with you or to take steps at your request before entering into a contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract;
  • for our legitimate interests or those of a third party; or
  • where you have given consent.


A legitimate interest means the interest of our business in conducting and managing our business to enable us to give you the best service and the best and most secure experience.  We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests.  We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).  You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

The table below explains what we use (process) your personal data for and our reasons for doing so:

What we use your personal data for

Our reasons

To provide legal services to you

For the performance of our contract with you or to take steps at your request before entering into a contract

Conducting checks to identify our clients and verify their identity

Screening for financial and other sanctions or embargoes

Other processing necessary to comply with professional, legal and regulatory obligations that apply to our business, eg under health and safety regulation or rules issued by our professional regulator

To comply with our legal and regulatory obligations

Gathering and providing information required by or relating to audits, enquiries or investigations by regulatory bodies

To comply with our legal and regulatory obligations

Ensuring business policies are adhered to, eg policies covering security and internet use

For our legitimate interests or those of a third party, ie to make sure we are following our own internal procedures so we can deliver the best service to you

Operational reasons, such as improving efficiency, training and quality control

For our legitimate interests or those of a third party, ie to be as efficient as we can so we can deliver the best service for you at the best price

Ensuring the confidentiality of commercially sensitive information

For our legitimate interests or those of a third party, ie to protect our intellectual property and other commercially valuable information

To comply with our legal and regulatory obligations

Statistical analysis to help us manage our practice, eg in relation to our financial performance, client base, work type or other efficiency measures.

For our legitimate interests or those of a third party, ie to be as efficient as we can so we can deliver the best service for you at the best price

Preventing unauthorised access and modifications to systems

For our legitimate interests or those of a third party, ie to prevent and detect criminal activity that could be damaging for us and for you

To comply with our legal and regulatory obligations

Updating and enhancing client records

For the performance of our contract with you or to take steps at your request before entering into a contract

To comply with our legal and regulatory obligations

For our legitimate interests or those of a third party, eg making sure that we can keep in touch with our clients about existing and new services

Statutory returns

To comply with our legal and regulatory obligations

Ensuring safe working practices, staff administration and assessments

To comply with our legal and regulatory obligations

For our legitimate interests or those of a third party, eg to make sure we are following our own internal procedures and working efficiently so we can deliver the best service to you

Marketing our services to you:

 

For our legitimate interests to promote our business to our clients

Anti-money laundering and credit reference checks via external reference agencies

For our legitimate interests or a those of a third party, ie for credit control and to ensure our clients are likely to be able to pay for our services

External audits and quality checks, eg for Lexcel and  Investors in People accreditation and the audit of our accounts

For our legitimate interests or a those of a third party, ie to maintain our accreditations so we can demonstrate we operate at the highest standards

To comply with our legal and regulatory obligations

The above table does not apply to special category personal data, which we will only process with your explicit consent.

Promotional communications

We may use your personal data to send you updates (by email, text message, telephone or post) about legal developments that might be of interest to you and/or information about our services, including, legal updates, training, seminars and events..

We have a legitimate interest in processing your personal data for promotional purposes (see above ‘How and why we use your personal data’). This means we do not usually need your consent to send you promotional communications. However, where consent is needed, we will ask for this consent separately and clearly.

We will always treat your personal data with the utmost respect and never sell OR share it with other organisations outside of Fraser Brown for marketing purposes.

You have the right to opt out of receiving promotional communications at any time by:

  • contacting us on Optout@fraserbrown.com
  • using the ‘unsubscribe’ link in emails or ‘STOP’ number in texts

We may ask you to confirm or update your marketing preferences if you instruct us to provide further services in the future, or if there are changes in the law, regulation, or the structure of our business.

Who we share your personal data with

External Third Parties

Reason for sharing personal data

Professional advisers who we instruct on your behalf or refer you to, eg barristers, medical professionals, accountants, tax advisors or other experts; Other third parties where necessary to carry out your instructions, eg your mortgage provider or HM Land Registry in the case of a property transaction or Companies House;

Anti-money Laundering / credit reference agencies;

  • our insurers and brokers;

External auditors, eg in relation to Investors in People, Lexcel accreditation and the audit of our accounts;

Our banks;

External service suppliers, representatives and agents that we use to make our business more efficient, eg typing services, marketing agencies, intermediate companies, document collation or analysis suppliers; search companies, insurance companies.

We only allow our service providers to handle your personal data if we are satisfied they take appropriate measures to protect your personal data. We also impose contractual obligations on service providers relating to ensure they can only use your personal data to provide services to us and to you. We may disclose and exchange information with law enforcement agencies and regulatory bodies to comply with our legal and regulatory obligations.

We may also need to share some personal data with other parties, such as potential buyers of some or all of our business or during a re-structuring. Usually, information will be anonymised but this may not always be possible. The recipient of the information will be bound by confidentiality obligations.

 


Where your personal data is held

Information may be held at our offices and those of our third party agencies, service providers, representatives and agents as described above (see ‘Who we share your personal data with’).

Some of these third parties may be based outside the European Economic Area. For more information, including on how we safeguard your personal data when this occurs, see below: ‘Transferring your personal data out of the EEA’.

How long your personal data will be kept

We will keep your personal data after we have finished advising or acting for you. We will do so for one of these reasons:

  • to respond to any questions, complaints or claims made by you or on your behalf;
  • to show that we treated you fairly;
  • to keep records required by law.


We will not retain your data for longer than necessary for the purposes set out in this policy. Different retention periods apply for different types of data

When it is no longer necessary to retain your personal data, we will delete or anonymise it.

Transferring your personal data out of the EEA

To deliver services to you, it is sometimes necessary for us to share your personal data outside the European Economic Area (EEA), eg:

  • with your and our service providers located outside the EEA;
  • if you are based outside the EEA;
  • where there is an international dimension to the matter in which we are advising you.

These transfers are subject to special rules under European and UK data protection law.

Non-EEA countries do not have the same data protection laws as the United Kingdom and EEA. We will, however, ensure the transfer complies with data protection law and all personal data will be secure. Our standard practice is to use standard data protection contract clauses which have been approved by the European Commission.

If you would like further information please contact, our Data Protection Officer (see ‘How to contact us’ below).

Your rights

We try to respond to all legitimate requests within one month.  Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests.  In this case, we will notify you and keep you updated.

You have the following rights, which you can exercise free of charge:

Access

The right to be provided with a copy of your personal data

Rectification

The right to require us to correct any mistakes in your personal data

To be forgotten

The right to require us to delete your personal data—in certain situations

Restriction of processing

The right to require us to restrict processing of your personal data—in certain circumstances, eg if you contest the accuracy of the data

Data portability

The right to receive the personal data you provided to us, in a structured, commonly used and machine-readable format and/or transmit that data to a third party—in certain situations

To object

The right to object:

—at any time to your personal data being processed for direct marketing (including profiling);

—in certain other situations to our continued processing of your personal data, eg processing carried out for the purpose of our legitimate interests.

Not to be subject to automated individual decision-making

The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you


For further information on each of those rights, including the circumstances in which they apply, please contact us or see the Guidance from the UK Information Commissioner’s Office (ICO) on individuals’ rights under the General Data Protection Regulation.

If you would like to exercise any of those rights, please:

  • email, call or write to us see below: ‘How to contact us’; and
  • let us have enough information to identify you (eg your full name, address and client or matter reference number)
  • let us have proof of your identity and address (a copy of your driving licence or passport and a recent utility or credit card bill); and
  • let us know what right you want to exercise and the information to which your request relates.

Keeping your personal data secure

We have appropriate security measures to prevent personal data from being accidentally lost, or used or accessed unlawfully. We limit access to your personal data to those who have a genuine business need to access it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.

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

If you want detailed information from Get Safe Online on how to protect your information and your computers and devices against fraud, identity theft, viruses and many other online problems, please visit www.getsafeonline.org. Get Safe Online is supported by HM Government and leading businesses.

 

How to complain

We hope that we can resolve any query or concern you may raise about our use of your information.

The General Data Protection Regulation also gives you right to lodge a complaint with a supervisory authority, in particular in the European Union (or European Economic Area) state where you work, normally live or where any alleged infringement of data protection laws occurred. The supervisory authority in the UK is the Information Commissioner who may be contacted at https://ico.org.uk/concerns or telephone: [0303 123 1113].

How to contact us

Please contact us by post, email or telephone if you have any questions about this privacy policy or the information we hold about you.

Our contact details are shown below:

Fraser Brown Solicitors
84 Friar Lane
Nottingham
NG1 6ED

Our Data Protection Officer's contact details:

Fiona Boswell
Fraser Brown Solicitors
84 Friar Lane
Nottingham
NG1 6ED

Email: fboswell@fraserbrown.com
Tel: 0115 9888 777

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Fraser Brown is a partnership of limited companies. Any references to partners in any document should be taken as being references to the directors of the limited companies and not to individual partners of the firm.