twitterlinkedInCALL 01277 268368 OR EMAIL US

Privacy Policy

Introduction

Welcome to the Wortley Byers Law privacy policy.

Wortley Byers Law respects your privacy and is committed to protecting your personal data. This privacy policy explains how we look after your personal data obtained whether by visiting our website, coming into our offices to meet us, instructing us to act for you or any other way in which you provide us with your personal data.

This privacy policy tells you about your privacy rights and how the law protects you. It is provided in a layered format so you can click through to specific areas set out below. Alternatively you can download a pdf version of the policy here.

Purpose of this privacy policy

This privacy policy aims to give you information on how Wortley Byers Law collects and processes your personal data including, for example, any data you may provide as part of your instructions to act for you in your legal matter, through our website when you sign up to our newsletter or when you make an enquiry.

Our services are not intended for children and we do not knowingly collect data relating to children, including via our website.

It is important that you read this privacy policy, together with any other privacy policy 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 using your data. This privacy policy supplements the other notices and is not intended to override them.

Controller

Wortley Byers Law is the trading name of Wortley Byers LLP, a limited liability partnership registered at Companies House under registration number OC314965. Wortley Byers LLP trading as Wortley Byers Law is the controller and responsible for your personal data (collectively referred to as Wortley Byers Law, "we", "us" or "our" in this privacy policy).

We have appointed Jane Winfield as our Data Privacy Manager and she is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact our Data Privacy Manager using the details set out below.

Contact details

Wortley Byers Law
Data Privacy Manager: Jane Winfield
Email address: dataprotection@wortleybyers.co.uk
Postal address: Wortley Byers Law, Cathedral Place, Brentwood CM14 4ES
Telephone number: 01277 268368

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.

Changes to the privacy policy and your duty to inform us of changes

This version was last updated on 24 May 2018.

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

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. When you leave our website we encourage you to read the privacy policy of every website you visit.

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

We may collect, use, store and transfer different kinds of personal data about you which we have grouped as follows:

  • Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
  • Contact Data includes billing address, delivery address, email address and telephone numbers.
  • Financial Data includes bank account and payment card details.
  • Matter Data includes the information you have provided to us in respect of your instructions to assist you with your legal matter.
  • Technical Data includes internet protocol (IP) address, login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access our website.
  • Usage Data includes information about how you use our website.
  • Marketing and Communications Data includes your marketing and communication preferences.

We also collect, use and share Aggregated Data such as statistical or demographic data. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

Special Categories of Personal Data (SCPD)

In the course of acting for you we may be provided with Special Categories of Personal Data (SCPD) including details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, your health and genetic and biometric data.  This is likely to be necessary when you instruct us in respect of a family, litigation or employment matter.  Where this is necessary we will only process such SCPD where it is necessary to perform our Contract with you and/or there is a Legitimate Interest in us doing so (both defined at section 4 of this privacy policy) and additionally it is necessary for the establishment, exercise or defence of a legal claim.  In all other circumstances we will contact you and request your explicit consent. 

If you have any questions in respect of this paragraph please contact Jane Winfield, our Data Privacy Manager.

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of our contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract or enter into a contract with you (for example, to act for you in your legal matter). In this case, we may have to cease acting for you and we will notify you of this at the time.

We use different methods to collect data from and about you including through:

  • Direct interactions. You may give us your Identity Data, Contact Data, Matter Data and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

    • contact us through our website;
    • meet with us;
    • in any way provide us with your instructions to act for you;
    • subscribe to publications;
    • request marketing to be sent to you;
    • give us feedback.
  • Automated technologies or interactions. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our cookie policy for further details.
  • Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:

    • Technical Data from the following parties:

      1. analytics providers such as Google based outside the EU;
      2. advertising networks;
      3. search information providers; and
      4. marketing automation platforms including MailChimp based outside the EU.
    • Identity and Contact Data from publicly availably sources such as Companies House and the Electoral Register based inside the EU.
    • Where we are provided with personal data, for example if you are referred to us by another party, we will confirm to you separately in our retainer letter or other correspondence. Examples include referrals from estate agents, accountants and banks.

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data for one of the following bases:

  • 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.
  • Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party, for example when you instruct us to act for you in your legal matter or to take steps at your request before entering into such a contract.
  • Compliance 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.
  • Consent means you have expressly opted in to indicate you agree to us processing your personal data for a specific purpose.

Purposes for which we will use your personal data

We set out below, in a table format, a description of all the ways we plan to use your personal data and which of the above legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Purpose/Activity

Type of data

Lawful basis for processing including basis of legitimate interest

To allow us to act for you and provide you with our legal services.

  1. Identity
  2. Contact
  3. Matter

Performance of a contract with you

To process payment for our services:

  1. Manage payments, fees and charges
  2. Collect and recover money owed to us
  1. Identity
  2. Contact
  3. Financial
  4. Marketing and Communications
  1. Performance of a contract with you
  2. Necessary for our legitimate interests (to recover debts due to us)

To manage our relationship with you which will include:

  1. Notifying you about changes to our terms of business or privacy policy
  2. Asking you to provide a review of our services or take part in a survey
  1. Identity
  2. Contact
  3. Matter
  4. Marketing and Communications
  1. Performance of a contract with you
  2. Necessary to comply with a legal obligation
  3. Necessary for our legitimate interests (to keep our records updated and to study how clients use our services)

To enable you to complete a survey

  1. Identity
  2. Contact
  3. Matter
  4. Usage
  5. Marketing and Communications
  1. Performance of a contract with you
  2. Necessary for our legitimate interests (to study how clients use our services, to develop them and grow our business)

To administer and protect our business and our website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)

  1. Identity
  2. Contact
  3. Matter
  4. Technical
  1. Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
  2. Necessary to comply with a legal obligation

To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you

  1. Identity
  2. Contact
  3. Matter
  4. Usage
  5. Marketing and Communications
  6. Technical

Necessary for our legitimate interests (to study how clients use our services, to develop them, to grow our business and to inform our marketing strategy)

To use data analytics to improve our website, products/services, marketing, customer relationships and experiences

  1. Technical
  2. Usage

Necessary for our legitimate interests (to define types of clients for our services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)

To make suggestions and recommendations to you about goods or services that may be of interest to you

  1. Identity
  2. Contact
  3. Matter
  4. Usage
  5. Profile

Necessary for our legitimate interests (to develop our services and grow our business)

Marketing

We may use your Identity Data, Contact Data, Matter Data, Technical Data, and Usage Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which services may be relevant for you (we call this marketing).

We strive to provide you with choices regarding personal data uses, particularly around marketing and advertising. Unless you are a business client, you will generally only be sent marketing information if you have confirmed you are happy to be sent this information. You can ask us to stop sending you marketing messages at any time by clicking here, or following the unsubscribe links in any marketing message.

Third-party marketing

We will request your express opt-in consent before we share your personal data with any other organisation for marketing purposes.

Cookies

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of our website may become inaccessible or not function properly. For more information about the cookies we use, please see our cookie policy.

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 and that reason is compatible with the original purpose. If you wish us to provide an explanation as to how the processing for the new purpose is compatible with the original purpose please contact us.

If we need to use your personal data 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 data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.

  • External Third Parties such as:

    • IT providers based in the United Kingdom, currently Fourth Generation Computer Group;
    • Professional advisers including lawyers, bankers, auditors and insurers;
    • Barristers;
    • H M Revenue and Customs;
    • Land Registry;
    • Companies House;
    • Solicitors Regulation Authority and any other organisation as may be required by it;
    • Fraud Prevention Agencies and any other crime prevention bodies where we are required by law;
    • Tracing Agents;
    • Courts;
    • Estate Agents;
    • Lenders;
    • Organisations which assess our performance as a law firm including, Legal 500, Chambers and Partners and Lexcel;
    • Marketing automation platforms including MailChimp.

    The above list is not exhaustive, solicitors have statutory obligations and where we are required by law to disclose your personal data we will do so. Where we need to disclose your personal data to a third party to effectively provide you with our legal services we will inform you of this.

  • Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business then the new owners may use your personal data in the same way as set out in this privacy policy.

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 and only permit them to process your personal data for specified purposes and in accordance with our instructions.

We do not ordinarily transfer your personal data outside the European Economic Area (EEA). However, when we do so this paragraph will apply.

Whenever we transfer your personal data out of the EEA we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

  • We will only transfer your personal data to countries that have been deemed by the European Commission to provide an adequate level of protection for personal data.
  • Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe.
  • Where we use providers based in the US we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the EU and the US.

Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.

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 agents, contractors and other third parties who have a business 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.

How long will you use my personal data for?

To ensure we are able to comply with our regulatory obligations and insurance requirements we will retain any personal data provided to us in the course of our acting for you in any legal matter for a period of seven years after your matter has concluded, unless we agree with you otherwise.

For certain matters we will have different retention periods. In particular, we will store wills and any files relating to our drafting or administration of a will indefinitely.

As part of our service to you we will store original deeds relating to a matter in which we acted for you indefinitely. We may also agree to store other valuables for you.

In some circumstances you can ask us to delete your data: see Request erasure below for further information.

Under certain circumstances you have rights under data protection laws in relation to your personal data. Please click on the links below to find out more about these rights:

  • Request access to your personal data.

    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 your personal data.

    Request correction of the personal 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.

    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 for 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.

    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 your personal data.

    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 it 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 transfer of your personal data.

    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 the information to perform a contract with you.

  • Right to withdraw consent.

    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 products or 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.

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 referred to in this privacy policy). 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.

What we may need from you

We may need to request specific information from you to help us confirm your identity and exercise 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.