Data Privacy Information
Your personal data - what is this?
Personal data relates to a living individual who can be identified from that data. Identification can be by the information alone or in conjunction with any other information in the data controller’s possession or likely to come into such possession. The processing of personal data is governed by the General Data Protection Regulation 016/679 (the “GDPR).
Who are we?
Gaynor-Smith Owen & Co (GSO) is the data controller, our address is 133-135 Barnards Green Road, Malvern, Worcestershire, WR14 3LT. This means that we decide how your personal data is processed and for what reasons. The Data Protection Officer is Edward Gaynor-Smith who can be contacted at the above address.
How do we process your personal data?
GSO complies with its obligations under the GDPR by keeping personal data up to date; by storing and destroying it securely; by not collecting or retaining excessive amounts of data; by protecting personal data from loss, misuse, unauthorised access and disclosure and by ensuring that appropriate technical measures are in place to protect personal data.
We use your personal data for the following purposes:-
- GSO provides a range of appropriate legal services and advice to clients. As a consequence, GSO’s processing activities arise from the need to provide legal services and advice to a particular client or group of clients or to be able to offer other legal services to a particular or group of clients where relevant.
- GSO also processes data to enable its business to be run in a proper and efficient manner and to ensure compliance with regulatory and legal requirements. This would include the information relating to clients or members of staff which is either collected or passed on to appropriate third parties, for example, an expert or to other firms of solicitors in the course of a transaction.
We have checked that the processing of information is necessary for the relevant purpose, and we are satisfied that there is no other reasonable way to achieve that purpose.
What is the legal basis for processing your personal data?
GSO will process information relying on at least one of the following legal bases:-
- Your consent
- Processing is necessary for the performance of a contract with your consent or to take steps to enter into a contract. This is to provide you with appropriate legal advice and to carry out work on your behalf
- that processing is necessary for compliance with a legal obligation e.g. we will collect data where processing is necessary to carry out obligations under employment, social security or social protection law.
Sharing your personal data
Your personal data will be treated in strict confidence, but will be shared with relevant third parties where appropriate. This may include:-
- banks and building societies
- appropriate experts such as surveyors, consultants or GPs
- Barristers where appropriate in the circumstances of your particular matter
- our indemnity insurance and accountants.
- HM Customs and Revenue where financial information is required by them for tax or related purposes.
- The Land Registry where, for example, information relating to the payment of stamp duty is required.
- The Legal Aid Agency where financial details must be passed on to them as a consequence of an obligation under a legal aid certificate.
This list is not exhaustive.
How long will we keep your personal data?
Your personal data will be retained in accordance with the provisions set out in our terms of business. If you have instructed us as a client, you will have received these at the outset of your matter. If you are not a client, then a copy of our terms of business can be made available to you upon written request.
Transfers to third countries
We may from time to time transfer your personal data to a country outside the EEA.
Normally, this will be necessary for the performance of our contract with you or made in the interest of you between GSO and another person.
Where information is transferred to a third country, we will ensure that appropriate safe guards are in place at all times.
Your rights and your personal data
Unless subject to an exemption (under the GDPF), you have the following rights with respect of your personal data:-
- The right to request a copy of your personal data which GSO holds about you;
- The right to request that GSO corrects any personal data if it is found to be inaccurate or out of date;
- The right to request to request your personal data is erased where it is no longer necessary for GSO to retain such data;
- The right to withdraw your consent to the processing at any time if consent is relied upon as a processing condition;
- The right to request that GSO provide you with your personal data and where possible, to transmit that data directly to another data controller.
- The right where there is a dispute in relation to the accuracy or processing of your personal data, to request a restriction is placed on further processing;
- The right to object to the processing of personal data
- The right to lodge a complaint with the Information Commissioners Office.
We may, from time to time send you information which we think may be of interest to you. If you do not wish to receive that information, please notify our office in writing.
If we wish to use your personal data for a new purpose, not covered by this Data Privacy Notice, then we will provide you with a new notice explaining this new use prior to commencing the processing and setting out the relevant purposes and processing conditions. Where and whenever necessary, we will seek your prior consent to the new processing.
To exercise all relevant rights, queries of complaints please in the first instance contact the fee earner who is dealing with your matter. If you have instructed us as a client these details will be set out in our initial terms of business/client care letter. If you are not a client, then the details will be made available to you upon written request.