Version Date: 23rd May 2018
Bywaters Topham Phillips LLP (we/us/our) is committed to protecting and respecting your privacy. This Privacy Notice (Notice) (together with our terms of business and any other documents referred to within them) set out the basis on which any personal date we collect form you, or that you provide to us, will be processed by us and the purpose for our collection of it. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
References to we/us/our in this Notice will also include Bywaters Topham Phillips LLP when used in relation to our processing of our employee data.
For the purposes of the Data Protection Act 2018 (the Act) and the provisions of Regulations (EU) 2016/679 (the General Data Protection Regulation or GDPR), Bywaters Topham Phillips LLP is the data controller of your personal information and is entered in the Information Commissioner’s Office (ICO) Register of Data Controllers with registration number Z3053722.
This Notice explains how we may collect any process personal data about:
- clients and prospective clients
- visitors to our website and subscribers to or online services
- job and work experience applicants and current employees
Depending on our relationship with you this notice may be supplemented with additional information relating to our use of your personal data included for example in our Terms of Business (for clients) and our applicant form and employment contract (for job applicants and employees).
What personal information do we collect and why do we collect it?
We may collect and process certain personal information about you including information:
- that you provide by filling in forms on our website, posting material, requesting further services or reporting a problem with our website
- that you provide when you use our professional services as a client
- received in correspondence that you send to us
- provided to us as part of a job or student placement application you make
- received during certain calls to and from us
- concerning your visits to our website (including but not limited to traffic data) and the resources that you access
We may also collect information about you in other ways, for example:
- if you are a customer of one of our clients, and we are undertaking legal services on our client’s behalf
- if you have any other dealings with one or more of our clients which are related to legal services which we are providing to our client or on our client’s behalf
- indirectly, through one of our people, a client or a third party
- if you are a supplier of ours, from that supplier relationship
- from publicly available sources, for example the electoral roll, Companies House and the Land Registry
How we use your personal data
The way we process your personal data we collect as set out above varies depends on our relationship with you. In each case the purposes for which we require the information will be clear from the context in which it is acquired. These include:
- providing our services to you or an entity for which you work
- verifying your identity
- keeping a record of the services you have subscribed to and delivery of the services you may have requested
- administration, billing and record-keeping purposes
- communicating with you by telephone, email, fax or post
- meeting our legal, regulatory and contractual obligations arising from our relationship with you (for example under anti-money laundering legislation)
- providing and improving customer service support
- administering our website, enhancing operational capabilities and for internal operations
- verifying or enforcing compliance with this Notice and applicable laws
- informing you of legal developments that may affect you or to inform you of other products, services or events which we think may be of interest to you (unless you have opted out of receiving such marketing communications)
Disclosure of your personal data
We will only disclose your personal information to another person or organisation where we:-
- need to share the information to provide a product or service you have requested
- need to send the information to persons or organisations who engage us to conduct legal services on their behalf, including where you are that third party’s customer
- need to send the information to persons or organisations that work on our behalf to provide a product or service to you. Where such as person or organisation does work on our behalf we will ensure that they are contractually required to take appropriate technical and organisational measures to protect your personal information against unauthorised or unlawful processing and against incidental loss or destruction of, or damage to, personal information and only use the information in order to provide a product or service on our behalf
- are required to disclose the information in order to comply with the law or the requirements of any regulatory authority
Our legal basis for using your personal data
Our use of your personal data as outlined above is subject to different legal bases for processing, including where necessary for:
- the purposes of the performance of any contact we enter into with you or to take steps at your request prior to entering into a contract with you
- our legitimate interests, for example in providing legal services to an entity you work for, management and monitoring our website operation, preventing fraud and for our business compliance purposes
- compliance with our legal and regulatory responsibilities
If you do not agree to provide your personal data to us we may not be able to provide you with legal services or process your application for other services or employment. Where our use of your data is not necessary for one of the purposes outlined above we may use it in a particular way with your consent (for example if you have registered to attend an event we are hosting or to receive legal updates or marketing material). Where we ask for your consent you are free to refuse our use of your personal data for those purposes and you may withdraw your consent at any time by contacting us using the details set out below. This shall not affect the lawfulness or any processing that was based on your consent before you withdrew it.
We do not currently undertake call recording.
Storage and transfer of your personal data
The personal information that we collect from you will be stored in a location within the UK.
Retention of your personal data
We will retain your personal information for a minimum of six years and so long as is reasonably necessary for the purpose for which it was obtained and in accordance with our legal obligations and follow our data destruction policy and processes thereafter.
Your personal information is protected under data protection law and you have a number of rights (see below) which you can seek to exercise. Please contact us in writing, by email or telephone using the details shown under “Contact and Complaints” below if you wish to do so, or if you have any queries in relation to your rights. Please note these rights do not apply in all circumstances.
Right of access – subject to certain exceptions, you have the right of access to your personal data that we hold.
Right to rectify your personal information – if you discover that the information we hold about you is inaccurate or incomplete, you have the right to have this information rectified (ie corrected).
Right to be forgotten – you may ask us to delete information we hold about you in certain circumstances. This right is not absolute and it may not be possible for us to delete the information we hold about you, for example, if we have an ongoing contractual relationship or we are required to retain information in order to comply with our legal obligations or our insurer’s requirements.
Right to restriction of processing – in some cases you may have the right to have the processing of your personal information restricted. For example, where you contest the accuracy of your personal information, its use may be restricted until the accuracy is verified.
Right to object to processing – you may object to the processing of your personal information (including profiling) when it is based upon our legitimate interests. You may also object to the processing of your personal information for the purposes of direct marketing and for the purposes of statistical analysis.
Right to data portability – you have the right to receive, move, copy or transfer your personal information to another controller when we are processing your personal information based on consent or on a contract and the processing is carried out by automated means.
We may collect information about your computer, including where available your IP address, operation system and browser type, for system administration and to collect aggregate information for us to use. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.
Cookies are small text files that are created and stored on your browser or the hard drive of your computer by websites that you visit to enable the website to operate properly to “remember” who you are and to monitor website traffic. Cookies are generally only visible to the website that serves them and not to other websites.
Links to other websites
This Notice only extends to our website, which is owned and operated by Bywaters Topham Phillips LLP and does not, therefore, extend to use of, provision of information to and collection of information on any website not connected to Bywaters Topham Phillips LLP to which you may link by using the hypertext links (if any) within our website.
If you use a hyperlink within our website, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites. You should exercise caution and look at the privacy statement applicable to the website in question.
Bywaters Topham Phillips LLP takes great care to ensure the security of our website and your personal information. Only authorised personnel and contractors have access to your information. We will keep your information secure by taking appropriate technical and organisational measures against unauthorised or unlawful processing, accidental loss, destruction and damage.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal information we cannot guarantee the security of your personal information transmitted to our website; any transmission is therefore at your own risk. Once we have received your information, we will use struct procedures and security features to try and prevent unauthorised access.
Changes to this Notice
We may change the terms of this Notice at any time. You are expected to check this Notice from time to time to take notice of any changes we have made, as they are binding on you. If we make any substantial changes in the way we use your personal information we will notify you by posting a prominent notice on our Website.
Contact and Complaints
If you have any questions about how we treat your personal data and protect your privacy, or if you have any comments or wish to seek to exercise any of your rights as outlined above, to opt-out of receiving marketing communications from you or to complain about our use of your personal data, please write to Mr Stephen G Petty at Bywaters Topham Phillips LLP 17 Hornbeam Square South Hornbeam Business Park Harrogate North Yorkshire HG2 8NB telephone number 01423 879556 www.btp-law.co.uk.