In accordance with the General Data Protection Regulation (GDPR) and the Data Protection Act 2018, this Privacy Notice explains, in detail, the types of personal data we may collect about you when you interact with us. It also explains how we’ll store and handle that data and keep it safe.
We know that there’s a lot of information here, but we want you to be fully informed about your rights, and how our firm uses your data. We hope the following sections will answer any questions you have but if not, please do get in touch with us.
Conditions for Processing Data
We are only entitled to hold and process your data where the law allows us to. The current law on data protection sets out a number of different reasons for which a law firm may collect and process your personal data.
These include:
Contractual obligations The main purpose for our holding your data is subject to an agreement we have with you to provide our professional legal document service, to determine whether you may benefit or require additional legal and/or financial services in relation to the administration of your estate or tax affairs and, where instructed, to provide you with any subsequent legal or financial services. This agreement is a contract between us and the law allows us to process your data for the purposes of performing a contract (or for the steps necessary to enter in to a contract). Where you commit to using our Will writing services and/or any additional legal or financial services, we will process your personal data to provide these services to you. Our use of your personal data will include passing your personal data through will drafting software which will generate your Will. Where we provide direct services to you, our use of your personal data will be for the purposes of providing those services to you.
Legitimate Interests
In specific situations, we require your data to pursue our legitimate interests in a way which might reasonably be expected as part of running our business and which does not materially impact your rights, freedom or interests.
We may process your personal data in order to improve our website with the primary aim of providing you with a more personal and interactive experience. In particular, we may use your personal data to tailor our website so as to ensure it is displayed in the most effective way for the device you are using.
If our business is subsequently sold or we merge with another entity, to ensure our business can be continued and in order that services can continue to be provided to you, we will transfer your personal data to a third party or that data will be one of the assets transferred to a purchasing entity.
Legitimate Interests
compliance If the law requires us to, we may need to collect and process your data. For example, we can pass on details of people involved in fraud or other criminal activity.
Consent
In some situations, we may collect and process your data with your consent. For instance, where you have opted in to receive marketing communications from us or from third parties we select (such as providers of financial services), we will process your personal data in such a way as to provide you with marketing communications and effect any transfer of your personal data to third parties in line with the preferences you have provided.
When do we collect your data?
We collect your data when you provide it to us. You may give us your data through the completion of online forms; over the telephone; face to face; or by post. We also collect data automatically with regard to each of your visits to our website including technical information.
What sort of data do we collect?
Information you provide to us:
You may voluntarily give us your personal information for instance when:
you correspond with or contact us
provide a comment on our website
write a review
sign up to any newsletters
interact with us on social media platforms, and/or
use our services
Where we request information from you we will collect the information set out in the relevant web pages, or as explained to you over the telephone or face to face.
Information we collect automatically or from third party sources:
We, or the companies which work on our behalf, collect certain related technical information including, but not limited to, traffic data, location data, logs (including, where available, the IP address and location of the device connecting to the online services and other technical information and identifiers about the device and the nature of the visit such as clickstream to, through and from our website) and other communication data, and the resources that you use.
On occasions, we acquire information from other companies, to collect information about how visitors to our website use the site. Information is also collected about how you arrived at our websites in the first place, including what links or adverts you have viewed or clicked on to reach us, or any search terms you have used. We do this to maintain and improve our website, getting a better understanding of visitor and client profiles and ultimately delivering a better experience. Information may be collected through the use of cookies or pixels.
TrustPilot
We utilise the Trust Pilot platform as a means for our clients to review and leave reviews about our services. This helps us to improve and innovate by engaging and collaborating with our clients. After we have provided services to a client, Trust Pilot, may contact you in relation to leaving a review. If you create a profile on the Trust Pilot website, Trust Pilot will necessarily collect certain data from you including any username, password and email address together with any information you state in the review. We cannot take any responsibility for the data obtained directly and held by Trust Pilot. Trust Pilot does maintain its own Privacy Policy in relation to its platform.
What information do we process?
We collect, store and use the following types of information: Data relating to the creation of your Will
This may include:
your name(s) and date of birth
contact details including your email
property address details
business interest details
other personal details about your assets for inclusion in your Will
We also collect and hold information about dependents and beneficiaries named in your Will or associated trusts, including their names, dates of birth and address(es) and details of bequests to them. Please see below about our obligations to beneficiaries.
Data about the services provided
We also collect and hold information about any associated legal matter we assist you with such as where we assist you with the drafting of associated trusts or provides services in relation to the storage or administration of any Will or trust document. In particular, we may collect, store and process data relating to:
the products and services we provide to you
how you use our products and services
correspondence you have had with us
information provided when you use our products or services, including where you are seeking guidance or advice
details about you that are stored in documents in different formats, or copies of them
Other data
We may also collect, store and use:
financial information such as bank details or credit/debit card details where you provide this to make a payment
comments and reviews you have left on our website
How do we use your personal data?
We use the information collected for a number of purposes.
Provision of services
Primarily, we use your data to provide you with either a Will, Lasting Powers of Attorney or a Trust and any subsequent or additional legal advice and assistance and for reasons directly associated with those services. In particular:
to deliver our services
to manage our relationship and communicate with you
to provide you with advice or guidance about our services
to make and manage payments
to respond to complaints and seek to resolve them
to train our staff and measure the quality of the service we give to our clients
Website enhancement and business development
We also use data to develop our business and services. In particular:
to respond to individual experiences shared with us and for editorial content
to enhance your online experience
to conduct research and surveys
to develop and manage our services including marketing of new or enhanced services
to research your views and experiences for research and editorial purposes, including through requests for feedback on our services
to understand your website journey, including what pages you have viewed and for how long
to administer and keep safe and secure our website and for internal operations, including data analysis, testing, statistical purposes
We may use your data to notify you of our other services or services provided by selected third parties but only where we have your express consent to do so.
Regulatory
We also use data to communicate with our regulators or legislators and to obey laws, regulations and codes of conduct that apply to us.
How do we protect your personal data?
We take protecting your data very seriously. The data you give us may be subject to Legal Professional Privilege and is often extremely sensitive and confidential. With this in mind we will treat your data with the utmost care and take all appropriate steps to protect it. We have clear data protection and information security policies and procedures in place (along with regulatory and other legal obligations to keep your data safe) and these are regularly assessed as part of our compliance processes.
How long will we keep your personal data?
We only keep your data for as long as is necessary for the purpose(s) for which it was provided. Due to the nature of the services that we are providing to you and pursuant to Article 17(3) of the GDPR, when you complete a will using our services, we will securely store your data and keep this indefinitely. This is because we need to protect against legal claims, as well as to provide supporting information should your will ever be contested. Where we have processed your personal data to provide you with marketing communications with your consent, we may contact you periodically to ensure you are happy to continue receiving such communications. Where you inform us that you no longer wish to receive such communications, your personal data will be deleted.
Who do we share your personal data with?
We sometimes share your personal data with trusted third parties. We only do this where it is necessary for providing you legal services or for the effective operation of our legal practice. For example, we may share your data with experts; translators; mail processing and document scanning; database cleaning; secure file storage and destruction companies; and auditors. We apply a strict policy to those recipients or data processors to keep your data safe and protect your privacy:
we provide only the information they need to perform their specific services
they may only use your data for the exact purposes we specify in our contract with them
we work closely with them to ensure that your privacy is respected and protected at all times.
if we stop using their services, any of your data held by them will either be deleted or rendered anonymous.
Where is your data processed?
Your data is stored within the Economic European Area (EEA) and cannot be stored or downloaded on any device or server outside of that area. The EEA includes all EU Member countries as well as Iceland, Liechtenstein and Norway.
What are your rights?
You have rights under the GDPR and these include the right to be informed what information we hold about you. In particular, you have the right to:
request access to the personal data we hold about you, free of charge in most cases
request the correction of your personal data when incorrect, out of date or incomplete, for example, when you withdraw consent, or object and we have no legitimate overriding interest, or once the purpose for which we hold the data has come to an end that we stop any consent-based processing of your personal data after you withdraw that consent
request the deletion all your personal information in certain circumstances, for instance, if the information is no longer necessary for the purposes for which it was collected
object to us processing your personal information in certain circumstances
ask for a copy of any information about you that we hold at any time
To ask for your information or to discuss any aspect of our Privacy Notice, please contact us by email at
[email protected] If we choose not to action your request, we will explain to you the reasons for our refusal.
Your right to withdraw consent
Whenever you have given us your consent to use your personal data, you have the right to change your mind at any time and withdraw that consent.
Where we rely on our legitimate interest
In cases where we are processing your personal data on the basis of our legitimate interest, you can ask us to stop for reasons connected to your individual situation. We must then do so unless we believe we have a legitimate overriding reason to continue processing your personal data.
The Regulator
For further details about your rights as a data subject, we would invite you to visit the Information Commissioner’s Office website:
www.ico.org.uk If you feel that your data has not been handled correctly, or you are unhappy with our response to any requests you have made to us regarding the use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office. You can contact them by calling 0303 123 1113 or go online to
www.ico.org.uk/concerns
Frequently Asked Questions
Do I need a Solicitor to set up a Will or Lasting Power of Attorney?
No, you don't need a solicitor to set up your Will or Lasting Power of Attorney. This is an unregulated industry. I choose to be a member of The Society of Will Writers which is a independent regulatory body for the industry. This proves I have the correct knowledge, insurance and keep up-to-date with industry guidelines
.
Lasting Powers of Attorney documents are standard 20 page documents. So whether you use an independent Estate Planner like myself or a Solicitor, the outcome will be exactly the same.
Who needs a Lasting Power of Attorney?
A Lasting Power of Attorney is useful in a whole range of situations, for example if you had an accident, lost mental capacity, or became seriously unwell and unable to make day-to-day decisions about your health, welfare or financial situation.
Lots of these situations can come out of nowhere, without much warning. Which is why every adult should consider having a Lasting Power of Attorney, so you’re prepared for whatever life throws your way.
What happens if I don't make a Will?
If you don't make a Will, then your property, money and belongings at the date of your death will be dealt with by a set of rules, known as the intestacy rules.
If you are married and have children or grandchildren, then your partner will only inherit the first £322,000 of your estate and then the rest will be split equally between your partner and your children.
If you jointly own your property your partner will automatically inherit the property, and this will not be included in the £322,000.
If you have no children or an estate worth less than £322,000 they your partner will inherit everything.
If you have no surviving spouse or civil partner at the date of your death, then your estate will be left to your children (if any) in equal shares.If you have no spouse or children/grandchildren, it will pass to your parents, siblings, nieces and nephews.This may not be in line with your wishes and if it isn't then you need to make a Will to ensure your wishes are followed.
When should I make a Lasting Power of Attorney?
I recommend for you to get it sorted way ahead of time, because it makes a world of difference when it matters.
It can be more important the older you are as illnesses such as dementia become a higher risk.
What is the purpose of a Lasting Power of Attorney?
A Lasting Power of Attorney (LPA) is a document that allows you to appoint someone you trust, as your Attorney, which gives them the legal authority to make decisions on your behalf if you lose the mental capacity to do so in the future.
There are two types of Lasting Power of Attorney Documents; Health & Welfare and Property & Finance.
Registered Address: Clare Sutherland Wills & Trusts, 260 Deeble Road, Kettering, Northamptonshire, England, NN15 5HP