Privacy Policy

Privacy Policy

PRIVACY POLICY

Privacy Statement under the General Data Protection regulation (GDPR)

1. Introduction

Oldham Marsh Page Flavell Solicitors (OMPF) take your privacy very seriously. We ask that you read this Privacy Policy carefully as it contains important information on personal information, your rights in relation to your personal information and on how to contact us.

When we use your personal data we are regulated under the General Data Protection Regulation (GDPR) which applies across the European Union (including 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.

2. Explanation of Terms

We are Oldham Marsh Page Flavell Solicitors (OMPF) and any successor business or company.

You are the data subject

Personal data is any information relating to an identified or identifiable individual

Sensitive Personal Data is all data within the Special category below with the addition of data relating to your finances, social and family circumstances

Special category personal data includes; Personal data revealing racial or ethnic origin, political opinions, religious beliefs, philosophical beliefs or trade union membership. Genetic and biometric data and Data concerning health, sex life or sexual orientation.

3 . The Personal Information below sets out the personal data we will or may collect in the course of dealing with your enquiry and then advising and/or acting for you. Personal data will include (depending on the nature of your matter):

i. Your name, address and telephone number;

ii. Information to enable us to check and verify your identity, e.g. your date of birth or passport details;

iii. Electronic contact details, e.g. your email address and mobile phone number;

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

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

vi. Your financial details so far as relevant to your instructions, e.g. the source of your funds if you are instructing on a purchase transaction;

vii. Your National Insurance and tax details;

viii Your bank and/or building society details;

ix. Details of your professional online presence e.g. LinkedIn profile;

x. Details of your spouse/partner and dependants or other family members, e.g. if you instruct us on a family matter or a will;

xi. Your employment status and details including salary and benefits, where relevant, records relating to sickness and attendance, performance, disciplinary, conduct and grievances if relevant to your matter;

xii Details of your financial situation where relevant to the advice;

xiii Details of your pension arrangements where relevant to the advice;

xiv Your racial or ethnic origin, gender and sexual orientation, religious or similar beliefs, if relevant to your matter;

xv. Your trade union membership, if relevant to your matter;

xvi Your medical records, if relevant to your matter for example in a personal injury claim;

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

4. Collection of Personal Data

1. We collect most of this information from you directly;

2. However, we may also collect information in from;

i. Publicly accessible sources, i.e. Companies House or HM Land Registry;

ii. A third party directly when requested by you with your consent or when legally required. The third party may include your bank or building society, another financial institution or adviser, consultants and other professionals engaged in relation to your matter; your employer and/or trade union, professional body or pension administrators, or your doctors, medical and occupational health professionals;

iii. via our website when you contact us through our online enquiry facilities and when we use cookies on our website (our Cookie Policy is on our website);

iv. via our information technology (IT) systems including case management, document management and time recording systems; communications systems, email and instant messaging systems;

5. Use of your personal data

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

i. Where you have given consent;

ii. Performance of our contract with you, to deal with your enquiry or to take steps at your

request before entering into a contract;

iii. Compliance with our legal and regulatory obligations;

iv. The vital interests of the data subject;

v. The legitimate interests the Data Controller;

vi. Public Interest or Official authority requirements;

2. A legitimate interest is when we have a business or commercial reason to use your

information, so long as this is not overridden by your own rights and interests. These

include i to vi above.

3. GDPR requires us to explain the legal grounds to justify processing of your personal information, for example, to process information necessary to;

i. deal with your initial enquiries and to provide legal advice to you, in order to perform our

contract with you;

ii. comply with professional, legal and regulatory obligations that apply to our business,

including audits, enquiries or investigation by regulatory bodies;

iii. Operate our business, including business policies, safeguards, security, training, quality

control, client records and statutory returns and promotion of our business for persons interested in our services.

iv. Children : Oldham Marsh Page Flavell services are not aimed at children and in matters involving children, the children will be represented by their parents or guardians. Where we act for you in matters involving children, we will explain to you why we need the information and how it will be used.

6. 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. We will not share your personal data save as indicated below, and you have the right to opt out of receiving promotional data by emailing johnp@ompf.co.uk or by unsubscribing where appropriate.

7. Sharing your personal data with

It is sometimes necessary to share personal data with;

i. professional advisers instructed on your behalf e.g. barristers, medical professionals, accountants, tax advisors etc;

ii. other third parties where necessary to carry out your instructions e.g. your mortgage provider or HM Land Registry in the case of a property transaction or Companies House;

iii. credit reference agencies; our insurers and brokers; external auditors, our bank; external service suppliers, representatives and agents;

We only share personal data if we are satisfied appropriate measures, including contractual obligations and confidentiality obligations, are in place to protect your personal data. We may disclose and exchange information with law enforcement agencies and regulatory bodies to comply with our legal and regulatory obligations.

8. Where your personal data is held

Personal Data may be held at our offices, third party agencies, service providers, representatives and agents as described above;

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'.

9. How long your personal data will be kept

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

We will keep your personal data after we have finished dealing with your matter so that we may respond to any questions, complaints or claims made by you or on your behalf to show that we treated you fairly and keep records required by law.

10. Transfer of your information 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). These transfers are subject to special rules under European and UK data protection law.

11. Your rights

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

i. The Right to be informed;

ii. The Right of Access: The right to be provided with a copy of your personal data (the right of access);

iii. The Right of Rectification: The right to require us to correct any mistakes in your personal data;

iv. The Right of Erasure (to be forgotten): The right to require us to delete your personal data in certain situations;

v. The Right of Restriction of processing: The right to require us to restrict processing of your personal data in certain circumstances, e.g. if you contest the accuracy of the data;

vi. The Right of 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;

vii. The Right to object: The right to object at any time to your personal data being processed for direct marketing and in certain other situations to our continued processing of your personal data;

viii. The Right not to be subject to automated decision making including profiling (not undertaken by OMPF).

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.

To exercise any of those rights, please make a written data subject request by email or letter ensuring you provide your full name, address and reference number with proof of your identity and address (a copy of your driving licence or passport and a recent utility or credit card bill) and what right you want to exercise and to what information your request relates.

12. Keeping your personal information secure

Appropriate security measures are in place to prevent personal information from being accidentally lost, or used or accessed in an unauthorised way. Access to your personal information is limited to those who have a genuine business need to know it. Those processing your information will do so only in an authorised manner and subject to a duty of confidentiality.

Procedures are 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.

Get Safe Online provides information on protecting information and your computers and devices against fraud, identity theft, viruses and many other online problems, at www.getsafeonline.org. Get Safe Online is supported by HM Government and leading businesses.

13. How to complain

Please contact our Office Manager Mr John Pidgeon if you have any query or concern about our use of your information. His contact details are below.

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 authoring in the UK is the Information Commissioner who may be contacted at https://ico.org.uk/concerns/ or telephone: 0303 123 1113.

14. Changes to this privacy notice

This Privacy Notice was published on 24th May 2018.

This Privacy Notice may be changed from time to time. You should check this policy occasionally to ensure you are aware of the most recent version.

This Privacy Notice can be provided if necessary in another format.

15. How to contact us

Please contact our Office Manager Mr John Pidgeon if you have any questions about this privacy notice or the information we hold about you.

15.2 Contact details are as follows:-

By email: johnp@ompf.co.uk

By letter: The Office Manager

Oldham Marsh Page Flavell

The White House

19 High Street

Melton Mowbray

Leicestershire

LE13 0TZ

By Phone: 01664 563162

law society
Resolution Family Department
In the United Kingdom, the firm of Oldham Marsh Page Flavell and its Partners - Neil Pidgeon Limited and Mark Shepherd Limited -
are authorised and regulated by the Solicitors Regulation Authority. Information on the Solicitors Regulation Authority can be found on its site at www.sra.org.uk



Oldham Marsh Page Flavell, The White House, 19 High Street, Melton Mowbray, Leicestershire LE13 0TZ
SRA Roll Number 58488   |   VAT Number 114276491

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