Data Protection and Privacy Policy
Karen O’Neill & Co respects your privacy and is committed to protecting your
personal data. This privacy notice will inform you as to how we collect and
process look after your personal data and tell you about your privacy rights
and how the law protects you.
1
CONTROLLER
Karen O'Neill & Co is the data controller and is responsible for your
personal data. Karen is also the data protection officer (DPO) who is
responsible for overseeing questions in relation to this privacy notice. If
you have any questions, including any requests to exercise your legal
rights, please contact Karen using the details below.
2
CONTACT DETAILS
We
are Karen O’Neill & Co, Family Law Solicitors of 47 Wolborough Street,
Newton Abbot, Devon, TQ12 1JQ, telephone
01626 366399.
Our
DPO is Karen O'Neill, whose e-mail
address is
karen@karenoneill.co.uk.
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 Karen in the first instance.
3
YOUR DUTY TO INFORM US OF CHANGES
It is important that the personal data we hold about you is accurate
and current. Please keep us informed if your personal data changes during
your relationship with us.
4
THIRD-PARTY LINKS
Our website may include links to third-party websites, plug-ins and
applications. Clicking on those links or enabling those connections may
allow third parties to collect or share data about you. We do not control
these third-party websites and are not responsible for their privacy
statements.
5
THE DATA WE COLLECT 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.
6
IF YOU FAIL TO PROVIDE PERSONAL DATA
Where we need to collect personal data e.g. under the terms of a
contract we have with you, and you fail to provide that data when requested,
we may not be able to perform the contract we have or are trying to enter
into with you.
7
HOW IS YOUR PERSONAL DATA COLLECTED
Face
to face or other direct contact
- we need to collect personal
data from you in order to fulfil our contract to provide legal services.
Third parties or publicly available sources - we
may obtain data from publically available sources, such as the Electoral
Roll, credit searches, or other online sources.
6
HOW WE USE YOUR PERSONAL DATA
We will only use your personal data when the law allows us to. Most
commonly, we will use your data (a) to enable us to fulfil our contractual
obligations with each other (b) 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 (b) where there are legal or
regulatory obligations.
Generally we do not require your separate consent to process your
personal data.
7
PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA
We will only use your personal data in accordance with our
contractual relationship. We
will not process your data for any other purpose than to provide you with a
service, and related purposes such as updating and enhancing client records,
analysis to help us manage our practice, credit management, statutory
returns, insurance, legal and regulatory compliance.
8
CHANGE OF PURPOSE
We will only use your personal data for the purposes for which we
collected it, unless we reasonably consider that we need to use it for
another reason compatible with the original purpose. If you wish us to
explain how the processing for the new purpose is compatible with the
original purpose, please contact us. If we ever need to use your
personal data for an unrelated purpose, we will notify you and either seek
your consent, or explain why your consent may be unnecessary.
9
DISCLOSURES OF YOUR PERSONAL DATA
We may have to share your personal data as follows for the purposes
set out above:
a.
External Third Parties such as:
o
Service providers acting as processors based in the UK who provide IT and
system administration services.
o
Professional advisers acting as processors including lawyers, bankers,
auditors and insurers based in the UK who provide consultancy, banking,
legal, insurance and accounting services.
o
HM
Revenue and Customs, regulators and other authorities acting as processors
based in the UK who require reporting of processing activities in certain
circumstances.
b.
Third Parties to whom we may sell, transfer, or merge parts of our practice
or our assets. Alternatively, we may seek to acquire other businesses or
merge with them. If such a change happens to our practice, then the new
owners may only use your personal data in the same way as set out in this
privacy notice.
We require all third parties to respect the security of your personal
data and to treat it in accordance with the law. We do not allow our
third-party service providers to use your personal data for their own
purposes.
10
INTERNATIONAL TRANSFERS
We do not transfer your personal data outside the European Economic
Area (EEA).
11
DATA SECURITY
We
have put in place appropriate security measures to prevent your personal
data from being accidentally lost, used or accessed in an unauthorised way,
altered or disclosed. In addition, we limit access to your personal data to
those employees, agents, contractors and other third parties who have a
business and need to know. They will only process your personal data on our
instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal
data breach and will notify you and any applicable regulator of a breach
where we are legally required to do so.
12
DATA RETENTION - HOW LONG WILL WE USE YOUR PERSONAL DATA FOR?
We will only retain your personal data 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, the purposes for
which we process your personal data and whether we can achieve those
purposes through other means, together with the applicable legal
requirements.
13
YOUR LEGAL RIGHTS
Your rights under the data protection laws in relation to your
personal data are:-
Request access to
your personal data (commonly known as a "data subject access request"). This
enables you to receive a copy of the personal data we hold about you and to
check that we are lawfully processing it.
Request correction of
the data that we hold about you. This enables you to have any incomplete or
inaccurate data we hold about you corrected, though we may need to verify
the accuracy of the new data you provide to us.
Request erasure of
your personal data. This enables you to ask us to delete or remove personal
data where there is no good reason for us continuing to process it. You also
have the right to ask us to delete or remove your personal data where you
have successfully exercised your right to object to processing (see below),
where we may have processed your information unlawfully or where we are
required to erase your personal data to comply with local law. Note,
however, that we may not always be able to comply with your request of
erasure for specific legal reasons which will be notified to you, if
applicable, at the time of your request.
Object to processing of
your personal data 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 as you feel it
impacts on your fundamental rights and freedoms. You also have the right to
object where we are processing your personal data for direct marketing
purposes. In some cases, we may demonstrate that we have compelling
legitimate grounds to process your information which override your rights
and freedoms.
Request restriction of processing of your personal data. This enables you to ask us
to suspend the processing of your personal data in the following scenarios:
(a) if you want us to establish the data's accuracy; (b) where our use of
the data is unlawful but you do not want us to erase it; (c) where you need
us to hold the data even if we no longer require it as you need to
establish, exercise or defend legal claims; or (d) you have objected to our
use of your data but we need to verify whether we have overriding legitimate
grounds to use it.
Request the transfer of
your personal data to you or to a third party. We will provide to you, or a
third party you have chosen, your personal data in a structured, commonly
used, machine-readable format. Note that this right only applies to
automated information which you initially provided consent for us to use or
where we used information to perform a contract with you.
Withdraw consent at any time where
we are relying on consent to process your personal data. However, this will
not affect the lawfulness of any processing carried out before you withdraw
your consent. If you withdraw your consent, we may not be able to provide
certain services to you. We will advise you if this is the case at the time
you withdraw your consent.
If you wish to exercise any of the rights set out above, please contact
us.
14
NO FEE USUALLY REQUIRED
You will not have to pay a fee to access your personal data (or to
exercise any of the other rights). However, we may charge a reasonable fee
if your request is clearly unfounded, repetitive or excessive.
Alternatively, we may refuse to comply with your request in these
circumstances.
15
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 your personal data (or
to exercise any of your other rights). This is a security measure to ensure
that personal data is not disclosed to any person who has no right to
receive it. We may also contact you to ask you for further information in
relation to your request to speed up our response.
16
TIME LIMIT TO RESPOND
Access to your personal data should be provided without undue delay
and at the latest within one month of receipt of a request.
17
DEFINITIONS
Lawful Basis as 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 by law). You can obtain further
information about how we assess our legitimate interests against any
particular impact on you in respect of specific activities by contacting
us.
Comply with a legal or regulatory obligation means processing your personal data
where it is necessary for compliance with a legal or regulatory obligation
that we are subject to.
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©
Karen O’Neill & Co., Family Law Solicitors
2020
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