How we obtain your personal data
Name of Data Protection Officer: Jane Cowdrey.
Information provided by you
You provide us with personal data on your new client questionnaire, over the telephone, by supply of ID documentation, or in person. We may obtain sensitive personal data from you or from another professional source. The provision of this personal data is essential for us to be able to provide you with legal services and to deal with your matter. This means that the legal basis of our holding your personal data is for the performance of a contract.
Information we get from other sources
We only get information from third parties if this is permitted by law. We may also use legal public sources to obtain information about you, for example, to verify your identity. This information will only be obtained from reputable third party companies that operate in accordance with the General Data Protection Regulation (GDPR). You will already have submitted your personal data to these companies and specifically given permission to allow them to pass on this information to other companies that provide similar services to those we offer.
How we use your personal data
We use your personal data for the purpose of client identity verification, the provision of any of our services, the administration of files and records, and legal and regulatory compliance. The information will be held in hard copy and electronic form. Any information that you give us will not be used for marketing purposes by us.
We will keep information about you confidential but from time to time our work for you may require us to provide information to third parties such as expert witnesses and other professional advisers and suppliers. Any third party to whom we disclose information about you will be under an obligation to keep your information secure and not to use it for any purpose other than that for which it was disclosed. We may also be under a duty to disclose your personal data as part of our legal or regulatory obligations. We may need to disclose data to third parties in order to comply with those requirements or to prevent fraud or money laundering.
In certain circumstances your personal data may be transferred outside the European Economic Area (EEA). We will ensure that the receiver agrees to provide the same or similar protection as ourselves and they only use your personal data in accordance with our instructions. Where you are acting as an agent or as a trustee, you agree to advise your principal or the beneficiary of the trust that their personal information will be dealt with on these terms. Unless you inform us otherwise, by disclosing any personal information to us about the principal or the beneficiary, we will assume you have obtained consent for the use of such information on these terms.
Retention of data
Due to being able to properly carry out conflict of interest checks that may subsequently arise, your data shall need to be retained in our electronic system.
Data subject rights
Subject access requests
The GDPR grants you, the ‘data subject’, the right to access particular personal data that we hold about you. This is referred to as a subject access request. We shall respond within one month from the receipt of the request and all necessary information from you. Our formal response shall include details of the personal data we hold about you, including sources from which we acquired the information, the purposes for processing the information and persons or entities with whom we are sharing the information. If you would like to obtain this data please contact the data protection officer in writing stating what data you require.
Right to rectification
You have the right to obtain from us without delay the rectification of inaccurate personal data we hold concerning you.
Right to erasure
You have the right to obtain from us the erasure of personal data concerning you without delay.
Right to restriction of processing
Subject to exemptions, you shall have the right to obtain from us restriction of processing where either the accuracy of the personal data is contested by you and is restricted until the accuracy of the data has been verified; the processing is unlawful and you oppose the erasure of the personal data and instead request the restriction in its use; we no longer need the personal data for the purposes of processing but it is required by you for the establishment, exercise or defence of legal claims; you have objected to processing of your personal data pending the verification of whether there are legitimate grounds for us to override these objections.
We shall communicate any rectification or erasure of personal data or restriction of processing as described above to each recipient to whom the personal data has been disclosed, unless this proves impossible or involves disproportionate effort. We shall provide you with information about those recipients if you request it.
Right to data portability
You have the right to receive your personal data which you have provided to us in a structured, commonly used and readable format and have the right to transmit this data to another controller without hindrance from us.
Right to object
You have the right to object, on grounds relating to your particular situation, at any time to the processing of personal data concerning you, including any personal profiling, unless this relates to processing that is necessary for the performance of a task carried out in the public interest or an exercise of official authority vested in us. We shall no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of you or for the establishment, exercise or defence of legal claims.
Right to not be subject to decisions based solely on automated processing
We do not carry out any automated processing which may lead to an automated decision based on your personal data.
Invoking your rights
If you would like to invoke any of the above data subject rights with us, please write to the Data Protection Officer at AK Solicitors, Southgate House, Town Square, Basildon, Essex, SS14 1BN.
Accuracy of information
In order to provide the highest level of client service possible, we need to keep accurate personal data about you. We take reasonable steps to ensure the accuracy of any personal data or sensitive information we obtain. We ensure that the source of any personal data or sensitive information is clear and we carefully consider any challenges to the accuracy of the information. We also consider when it is necessary to update the information, such as name or address changes and you should inform us of these changes when they occur.
Questions and queries
If you have a complaint
If you have a complaint regarding the use of your personal data or sensitive information, then please write to the Data Protection Officer at AK Solicitors, Southgate House, Town Square, Basildon, Essex, SS14 1BN. If your complaint is not resolved to your satisfaction, you may wish to make a complaint to the Information Commissioner’s Office (ICO). You also have the right to judicial remedy against a legally binding decision of the ICO where you consider that your rights under this regulation have been infringed as a result of the processing of your personal data. You have the right to appoint a third party to lodge the complaint on your behalf and exercise your right to seek compensation.
The information contained in this website is for general information purposes only and it is not intended to constitute legal advice. The information is provided by AK Solicitors and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose.
The information should not be used as a substitute for specific advice relevant to your particular circumstances. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
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