DATA PROTECTION POLICY FOR CLIENTS

David J Foster & Co (Solicitors) Ltd trading as David J Foster & Co and also as Baxters

Registered Office:  3 Albert Road, Tamworth, Staffordshire B79 7JN

Telephone number 01827 58333

We are obliged in certain circumstances to collect personal data relating to yourself and this document is to advise you on how we process and use that data as required by the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679)

The personal data we will require from you will only extend to what is absolutely required to enable ourselves to act for you which shall extend to obtaining proof of your identification. If your matter involves any financial issues this may extend to your personal bank or financial details. Such information will also be used to help avoid fraudulent transactions.

Your personal data will to remain confidential at all times

Our website does not

  • collect and store your personal data
  • require you to download cookies
  • undertake online tracking
  • install apps or other software

We do not collect your personal information for

  • marketing calls or messages
  • for advertising or similar circulars
  • for profiling purposes

We will not

  • share your personal information with any third party agency for marketing or other for similar purposes

If you ever make payment to ourselves by credit or debit card – we do not keep such information, any such details are deleted as soon as they used.

What we use your personal data for:

  • To prove your identification
  • To avoid bank or internet fraud
  • To assist in advising you with regard to your matter
  • To complete any application that is required with a third party to enable your matter to be completed. Examples of such organisations could include The Land Registry, Stamp Office, your mortgage or loan provider, and if you are seeking legal aid then also with the  Legal Aid Agency
  • to comply with any other Government Agency requirements, but only when required to lawfully do so.

 

How is your personal data stored

  • This is retained on your file which is normally retained in a paper version. Occasionally some personal details will be stored electronically but only as part of your file and for no other purpose.
  • This will not be collected electronically to go on a data base except for accounting purposes
  • It will be sent to our accounts provider namely Quill Pinpoint to enable them to create and maintain the financial details relating to your matter and for the processing of our Accounts. As with ourselves, they will not share your personal data with any third party unless required to do so by law.

 

How long is your data stored for:

  • In relation to maintaining our Accounts this will be for so long as this Company exists in order to comply with HM Revenue requirements
  • In relation to your file – this will normally be for six years, if however your matter relates to a Probate, Will or a Trust matter then this will be for at least 20 years.
  • At the appropriate time, your file will be securely destroyed.

The General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) require that we obtain your active consent to hold personal data. In this instance we are not seeking your consent as Article 6 (1) provides a lawful basis for not doing so, as your matter falls within one of the following exemptions:

  1. A Contract with the individual – to supply goods or services you have requested including taking steps at your request before entering into a contract.
  2. Compliance with a legal obligation, where we are required to process data for a particular purpose
  3. Legitimate interests – where there is a genuine and legitimate reason, unless this is outweighed by harm to your rights or interest

 

DATA PROTECTION POLICY (SUPPLIERS)

 

THIS is a similar policy to that of clients:

We do not maintain a Supplier Data base.

Any details of a Supplier (e.g. counsel, office supplies etc.) are unique to a client’s file and are not stored anywhere else except occasionally in an electronic format but still remaining as part of a client’s file.

 

The General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) require that we obtain active consent to hold personal data. In this instance we are not seeking consent as Article 6 (1) provides a lawful basis for not doing so, as we have a “legitimate interest” to process supplier’s data under the GDPR.  To ensure that such processing is valid, we have assessed that the limited information we will retain is proportionate in that:

(i) any personal data collected is necessary;

(ii) the processing outweighs the general privacy rights that an supplier might have and

(iii) measures have been taken to ensure that infringements of supplier’s right to privacy and secrecy of communications are limited to the minimum necessary.

 

DATA PROTECTION POLICY (STAFF)

We are obliged in certain circumstances to collect personal data relating to yourself and this document is to advise you on how we process and use that data as required by the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679)

The personal data we will require from you will only extend to what is absolutely necessary to enable the Company to legitimately employ you in your designated role. This will extend to obtaining proof of your identification and financial information to include your personal bank details to enable your salary to be paid direct into your bank account.

We will also keep and maintain a file relating to your employment record whilst working for this Company.

Your personal data will to remain confidential at all times

We will not retain any of your personal information for anything other than in connection with our obligations as an employer. We will not share your personal information with any third party or any  Government Agency unless required to lawfully do so.

 

How is your personal data stored

  • This is retained on a paper file.
  • Occasionally some personal details will be stored electronically but only as part of your file and for no other purpose.
  • It will be sent to our accounts provider namely Quill Pinpoint and the Company’s pension provider namely The Peoples Pension to enable them to deal with our obligations in relation to the payment of your salary, pension and dealing with Revenue issues that flow therefrom. Quill Pinpoint and The Peoples Pension are bound by similar rules as to confidentiality.

 

How long is your data stored for following termination of your employment:

  • For six years
  • At the appropriate time, your file will be securely destroyed.

The General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) require that we obtain your active consent to hold personal data. In this instance we are not seeking your consent as Article 6 (1) provides a lawful basis for not doing so, as we have a “legitimate interest” to process employee data under the GDPR.  To ensure that such processing is valid, we have assessed that the limited information we will retain is proportionate in that:

(i) all personal data collected is necessary;

(ii) the processing outweighs the general privacy rights that an employees might have in the workplace; and

(iii) measures have been taken to ensure that infringements of employees’ right to private life and secrecy of communications are limited to the minimum necessary.

Following the termination of your employment with this Company we shall retain your personal details as mentioned above for a period of six years in case there are any Inland Revenue queries relating to you. Your Employment record will also be retailed for a similar period to enable the Company to comply with any legal requirements that that we are bound to fulfil and to enable a fair employment reference to be provided if you so request.