Raworths LLP
Privacy Privacy

Privacy

Business

We act for businesses as well as the people who create, own and invest in them, building long term relationships with our clients to understand the unique challenges and opportunities they face. Our depth of experience and knowledge is focussed on providing practical advice designed to meet all our clients’ business needs.

Individuals & Families

We understand how important your case is, our experienced teams are on hand to provide practical and effective legal advice. With one of the largest teams of lawyers in North Yorkshire we work for wealthy individuals and their families, trusts and family businesses - your needs are at the heart of what we do.

Property

Our Commercial, Residential and Agricultural Property teams have the expertise to help you deal with the opportunities and challenges of the freehold and leasehold real estate market. We have substantial depth of experience of the property world and its demands which gives us the crucial ability to help you achieve your aims.

Resolving Disputes

Disputes are an unavoidable fact of life, but when they happen it is essential to find a quick, effective and practical solution to the situation. Whether your issues are commercial or business related, family or personal, we have the depth of experience, imagination and expertise to help you solve your problems.

We take your privacy very seriously. Please read this privacy policy carefully as it contains important information on who we are and how and why we collect, store, use and share your personal data. It also explains your rights in relation to your personal data and how to contact us or supervisory authorities in the event you have a complaint.

Do you need extra help?

If you would like this policy in another format (for example audio, large print, braille) please contact us (see ‘How to contact us’ below).

Key terms

It would be helpful to start by explaining some key terms used in this policy:

We, us, our Raworths LLP of Eton House, 89 Station Parade, Harrogate, North Yorkshire, HG1 1HF
Personal data Any information relating to an identified or identifiable individual
Special category personal data Personal data revealing racial or ethnic origin, political opinions, religious beliefs, philosophical beliefs or trade union membership

Genetic and biometric data

Data concerning health, sex life or sexual orientation

Does this policy apply to you

This policy covers those whose personal data we process as set out in the categories below and any individuals who work for any of them:

  • Our clients (including prospective clients);
  • Our business contacts;
  • Our service providers/suppliers;
  • Parties to a claim or other legal proceedings including claimants and defendants;
  • Witnesses;
  • Experts;
  • Counsel (Barristers);
  • Insurers (including their insured);
  • Third party solicitors;
  • Third parties;
  • Individuals involved in court proceedings and other legal proceedings;
  • Any party or person who is involved in a transaction and contract we are working on;
  • Our regulators, insurers, auditors, and professional advisers; and
  • Those who attend our seminars or receive our newsletters.

 

Personal data we collect about you

The table below sets out the personal data we will or may collect, store and use in the course of providing legal services. This may include special category personal data.

Personal data we will collect, store and use

Personal data we may collect, store and use depending on why we are instructed
Your name, address and telephone number

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

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

Information relating to the matter in which we are instructed to advise or represent

Information gathered through correspondence with us (for example, in relation to parties and/or third parties to a claim)

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

 

 

 

Your National Insurance and tax details

Your bank and/or building society details

Details of your professional online presence, e.g. LinkedIn profile

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

Details of your spouse/partners and dependants or other family members, e.g. if instructed to act in connection with a family matter or a will

Your employment status and details including salary and benefits, e.g. if instructed on a matter related to employment or in which employment status or income is relevant

Details of your pension arrangements, e.g. if instructed on a matter in relation to financial arrangements following the breakdown of a relationship

Your employment records including, where relevant, records relating to sickness and attendance, performance, disciplinary processes, conduct and grievances (including relevant special category personal data), e.g. if instructed on matter related to employment or in which employment records are relevant

Your racial or ethnic origin, gender and sexual orientation, religious or similar beliefs, e.g. if instructed on a discrimination claim

Your trade union membership, e.g. if instructed on a discrimination claim or the matter is funded by a trade union

Personal identifying information, such as your eye colour, your parents’ names or your telephone number, for example if you instruct us to incorporate a company for you (which requires these online security details).

Your medical records, e.g. if we are acting in connection with an employment claim

Policy number

Claim number and claim details

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

 

How your personal data is collected

We collect personal information from a number of sources including (but not limited to) the following:

  • Our clients (including prospective clients);
  • Our business contacts;
  • People who are involved in court or other legal proceedings including but not limited to claimants, defendants, witnesses, clerks and case handlers;
  • Third party solicitors;
  • Organisations or individuals involved in negotiating contracts or settling claims such as ACAS;
  • Experts;
  • Counsel (Barristers);
  • Courts and Tribunals;
  • Our services provides (e.g. IT);
  • Our regulators, insurers, auditors and professional advisers;
  • Individuals who are involved in transactions and contracts we are working on;
  • Publicly accessible sources, e.g. Companies House, HM Land Registry or LinkedIn;
  • Directly from a third party, e.g.:
    • credit reference agencies;
    • client due diligence providers;
    • your bank or building society, another financial institution or advisor;
    • consultants and other professionals we may engage in relation to your matter;
    • your employer and/or trade union, professional body or pension administrators;
    • your doctors, medical and occupational health professionals;
  • Via our website—we use cookies on our website (for more information on cookies, please see our cookie policy at http://www.raworths.co.uk/cookie-policy
  • From individuals that attend our seminars and/or receive our legal newsletters;
  • Via our information technology (IT) systems, e.g.:
    • case management, document management and time recording systems;
    • door entry systems and reception logs;
    • automated monitoring of our websites and other technical systems, such as our computer networks and connections, access control systems, communications systems, email and instant messaging systems.

Your rights

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

Access The right to be provided with a copy of your personal data (the right of access)
Rectification The right to require us to correct any mistakes in your personal data
To be forgotten The right to require us to delete your personal data—in certain situations
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
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
To object The right to object:

  • at any time to your personal data being processed for direct marketing (including profiling);
  • in certain other situations to our continued processing of your personal data, e.g. processing carried out for the purpose of our legitimate interests.
Not to be subject to automated individual decision-making The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you

 

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. https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/

If you would like to exercise any of those rights, please:

  • email, call or write to us—see below: ‘How to contact us’; and
  • let us have enough information to identify you (e.g. your full name, address and client or matter reference number);
  • let us have proof of your identity and address (a certified copy of your driving licence or passport and a recent utility or credit card bill); and
  • let us know what right you want to exercise and the information to which your request relates.

How and why we use your personal data

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

  • to comply with our legal and regulatory obligations;
  • for the performance of our contract with you or to take steps at your request before entering into a contract;
  • for our legitimate interests or those of a third party; or
  • where you have given consent.

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.

The table below explains what we use (process) your personal data for and our reasons for doing so (including but not limited to):

What we use your personal data for Our reasons
To provide legal services to our clients For the performance of our contract with our client  or to take steps at our client’s request before entering into a contract
Conducting checks to identify our clients and verify their identity

Screening for financial and other sanctions or embargoes

Other processing necessary to comply with our professional, legal and regulatory obligations that apply to our business, e.g. under health and safety regulation or rules issued by our professional regulator

To comply with our legal and regulatory obligations
Gathering and providing information required by or relating to audits, enquiries or investigations by regulatory bodies To comply with our legal and regulatory obligations
Ensuring business policies are adhered to, e.g. policies covering security and internet use For our legitimate interests or those of a third party, i.e. to make sure we are following our own internal procedures so we can deliver the best service to you
Operational reasons, such as improving efficiency, training and quality control For our legitimate interests or those of a third party, i.e. to be as efficient as we can so we can deliver the best service for you at the best price
Ensuring the confidentiality of commercially sensitive information For our legitimate interests or those of a third party.

To comply with our legal and regulatory obligations

Statistical analysis to help us manage our practice, e.g. in relation to our financial performance, client base, work type or other efficiency measures For our legitimate interests or those of a third party, i.e. to be as efficient as we can so we can deliver the best service for you at the best price
Preventing unauthorised access and modifications to systems For our legitimate interests or those of a third party, e.g. to prevent and detect criminal activity that could be damaging for us and for you

To comply with our legal and regulatory obligations

Updating and enhancing client records For the performance of our contract with you or to take steps at your request before entering into a contract

To comply with our legal and regulatory obligations

For our legitimate interests or those of a third party, e.g. making sure that we can keep in touch with our clients about existing and new services

Statutory returns To comply with our legal and regulatory obligations
Ensuring safe working practices, staff administration and assessments To comply with our legal and regulatory obligations

For our legitimate interests or those of a third party, e.g. to make sure we are following our own internal procedures and working efficiently so we can deliver the best service to you

Marketing our services to:

  • existing and former clients; and/or
  • third parties who have previously expressed an interest in our services
For our legitimate interests ie to promote our business to existing and former clients

 

Credit reference checks via external credit reference agencies For our legitimate interests e.g. for credit control and to ensure our clients are likely to be able to pay for our services
External audits and quality checks, e.g. for Lexcel, ISO, or Investors in People accreditation and the audit of our accounts For our legitimate interests or those of a third party, to maintain our accreditations so we can demonstrate we operate at the highest standards

To comply with our legal and regulatory obligations

How and why we use special category personal data

Under data protection law, we can only use special category personal data where:

  • we have a proper reason for doing so (see above: How and why we use personal data); and
  • one of the ‘grounds’ for using special category personal data applies

There are ten potential grounds for using special category personal data under data protection law. Generally, where we use special category personal data, we will do so on the ground that this is necessary for establishing, exercising or defending legal claims. This includes using special category personal data, where necessary, for:

  • actual or prospective court proceedings;
  • obtaining legal advice; or
  • establishing, exercising or defending legal rights in any other way.

Where this does not apply, we will seek explicit consent to process special category personal data.

Promotional communications

We may use your personal data to send you updates (by email, telephone or post) about legal developments that might be of interest to you and/or information about our services including exclusive offers, promotions or new services.

We have a legitimate interest in processing your personal data for promotional purposes (see above ‘How and why we use your personal data’). This means we do not usually need your consent to send you promotional communications. However, where consent is needed, we will ask for this consent separately and clearly.

We will always treat your personal data with the utmost respect and never sell it with other organisations for marketing purposes.

You have the right to opt out of receiving promotional communications at any time by:

We may ask you to confirm or update your marketing preferences if you instruct us to provide further services in the future, or if there are changes in the law, regulation, or the structure of our business.

Who we share your personal data with

We may share your personal data with:

  • Our clients or their insurers;
  • Claimants and/or their legal representatives;
  • Defendants and/or their legal representatives;
  • Witnesses;
  • Third party solicitors;
  • Individuals who are involved in transactions and contracts we are working on;
  • Professional advisers who we instruct on behalf of our clients or refer you to, e.g. barristers, medical professionals, accountants, tax advisors or other experts;
  • Third parties where necessary to carry out our clients’ instructions, e.g. mortgage provider or HM Land Registry in the case of a property transaction or Companies House;
  • Credit reference agencies;
  • Our insurers and brokers;
  • External auditors, e.g. in relation to ISO or Lexcel accreditation and the audit of our accounts;
  • Our banks;
  • External service suppliers, representatives and agents that we use to make our business more efficient, e.g. typing services, marketing agencies (we use the Lift Agency Limited to provide our marketing communications), shredding or off site back-up server providers.

We only allow our service providers to handle your personal data if we are satisfied they take appropriate measures to protect your personal data. We also impose contractual obligations on service providers to ensure they can only use your personal data to provide services to us and to our clients.

We may disclose and exchange information with law enforcement agencies and regulatory bodies to comply with our legal and regulatory obligations.

We may also need to share some personal data with other parties, such as potential buyers of some or all of our business or during a re-structuring. Usually, information will be anonymised but this may not always be possible. The recipient of the information will be bound by confidentiality obligations.

Where your personal data is held

Information may be held at our offices at 89 Station Parade, Harrogate and any service providers, representatives and agents as described above (see ‘Who we share your personal data with’).

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’.

How long your personal data will be kept

We will keep your personal data after we have finished advising or acting for our client. We will do so for one of these reasons:

  • to respond to any questions or complaints or claims;
  • in the establishment, pursuit or defence of a claim or legal proceedings;
  • to show that we acted fairly;
  • to keep records required by law or pursuant to any regulatory requirements.

We will not retain your data for longer than necessary for the purposes set out in this policy.

Unless there is any legal, regulatory, or business reason to retain personal information beyond that timescale, all client matter files will usually be destroyed  seven years after the matter has been closed, with the exception of:

  • Trusts, Wills and EPA’s which may be held longer as necessary and appropriate;
  • If a matrimonial matter included issues relating to children then information will be retained seven years after the youngest child’s 18th birthday; and
  • Matters conducted on behalf of minors will be held for seven years from the data the client attained 18 years of age.

We may also anonymise your personal data so that it can no longer be associated with you, allowing us to keep and use the anonymous data for legitimate business purposes.

Transferring your personal data out of the EEA

To deliver our legal services, it may sometimes be necessary for us to share your personal data outside the UK and/or European Economic Area (EEA), e.g.:

  • if our or your service providers are located outside the UK/EEA;
  • if you and/or our client are based outside the UK/EEA;
  • where there is an international dimension to the matter in relation to an international claim or transaction which we are advising on..

These transfers are subject to special rules under European and UK data protection law.

This means we can only transfer your personal information to a country or international organisation outside the UK/EEA where:

  • the European Commission has issued an ‘adequacy decision’ in relation to that country or international organisation; or
  • there are appropriate safeguards in place, together with enforceable rights and effective legal remedies for data subjects; or
  • a specific exception applies under data protection law

These are explained below.

European Commission adequacy decision

The European Commission has the power to determine whether a country or international organisation provides an adequate level of protection for personal information and, if it does, to issue an ‘adequacy decision’. The effect of such a decision is that personal information can flow from the UK/EEA to that country without any further safeguards being necessary.

It can take several years for the European Commission to issue an adequacy decision and only a small number of countries currently benefit from one.

Transfers with appropriate safeguards

We may transfer your data to a third country or international organisation on this ground where we are satisfied the transfer complies with data protection law, appropriate safeguards are in place, and enforceable rights and effective legal remedies are available for data subjects. The safeguards will usually include using standard data protection contract clauses approved by the European Commission.

Transfers under an exception

In the absence of an adequacy decision or appropriate safeguards, we may transfer personal information to a third country or international organisation where an exception applies under relevant data protection law, eg:

  • you have explicitly consented to the proposed transfer after having been informed of the possible risks;
  • the transfer is necessary for the performance of a contract between us or to take pre-contract measures at your request;
  • the transfer is necessary for a contract in your interests, between us and another person; or
  • the transfer is necessary to establish, exercise or defend legal claims

We may also transfer information for the purpose of our compelling legitimate interests, so long as those interests are not overridden by your interests, rights and freedoms. Specific conditions apply to such transfers and we will provide relevant information if and when we seek to transfer your personal information on this ground.

Further information

If you would like further information about data transferred outside the UK or EEA, please contact our Data Protection Champion (see ‘How to contact us’ below).

 

Keeping your personal data secure

We have appropriate security measures to prevent personal data from being accidentally lost, or used or accessed unlawfully. We limit access to your personal data to those who have a genuine business need to access it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.

We also have procedures 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.

 

How to complain

We hope that we can resolve any query or concern you may raise about our use of your information.

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

 

Changes to this privacy policy

This privacy policy was published and updated on 13 November 2020

We may change this privacy policy from time to time. Please check the website for the most up to date version.

 

How to contact us

Please contact us by post, email or telephone if you have any questions about this privacy policy or the information we hold about you.

Our contact details are shown below:

Our contact details
Raworths LLP, Eton House, 89 Station Parade, Harrogate, HG1 1HF, addressed to the Data Protection Champion; Harjeet Nangla

Email: data@raworths.co.uk; or

Telephone: 01423 566666 and ask for the Data Protection Champion