Privacy Notice

Fairweathers Solicitors LLP is a Solicitors Practice based at 9 Boorman Way, Estuary View Business Park, Whitstable, Kent, CT5 3SE.  For the purpose of data protection laws, we are a data controller and we are registered as a data controller with the Information Commissioner’s Office under number Z2579973.

We control and process the personal data of (1) clients, (2) our employees and (3) various third parties with whom we work to progress cases and run our business.

This Privacy Notice sets out the basis on which any personal data we collect from you, or that you provide to us, or that we obtain from other sources, will be processed by us when you:

Contents

  1. Your personal data – what is it?
  2. Bases for processing personal data
  3. Categories of personal data
  4. How we process your personal data
  5. Sharing personal data
  6. Uses made of personal data
  7. Where we store personal data
  8. Period of storage
  9. Cookies
  10. Your rights
  11. Contact us

1. Your personal data – what is it?

1.1 Personal data relates to a living individual who can be identified, such as your name, date of birth, and location and it can include genetic and biometric information. Identification can be made by the information alone or in conjunction with any other information in the data controller’s possession or likely to come into such possession.

2. Basis for Processing Personal Data

2.1 The lawful bases for processing personal data are set out in Article 6 of the GDPR. At least one of these must apply whenever we process personal data:

  • Consent: the individual has given clear consent for us to process their personal data for a specific purpose;
  • Performance of a contract: the processing is necessary for a contract we have with the individual, or because they have asked us to take specific steps before entering into a contract;
  • Compliance with a legal obligation: the processing is necessary for us to comply with the law (not including contractual obligations);
  • Vital interests of the data subject: the processing is necessary to protect someone’s life;
  • Public interest or exercise of official authority: the processing is necessary for us to perform a task in the public interest or for our official functions, and the task or function has a clear basis in law;
  • Legitimate interests of the data controller: the processing is necessary for our legitimate interests or the legitimate interests of a third party unless there is a good reason to protect the individual’s personal data which overrides those legitimate interests

3. Categories of Personal Data

3.1 Clients – your personal information is collected with your consent to provide legal services to you. Depending on the circumstances of the case, it could include personal identifiers such as your name, address and contact information, details of your case including health information, employment details, and incident information and the details required to enter in to a contract for services with you.

3.2 Employees – your personal information is collected with your consent to provide human resources services such as pay, pension, training and other related employment obligations to you.

3.3 Third Parties – your personal information is collected as part of your service provision to us.

4. How We Process Personal Data

4.1 Fairweathers Solicitors LLP 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 personal information; 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.

5. How We Use Personal Data

We use your personal data for the following purposes:

  • To provide legal services;
  • To comply with our legal compliance obligations – for example, fraud prevention;
  • To manage our employees – for example to hire and pay them;
  • To maintain our own accounts and records;
  • To operate our website and deliver the services that individuals have requested;

6. Sharing Personal Data

6.1 We share your personal data:

  • With consent;
  • For the performance of a contract;
  • When necessary for compliance with a legal obligation or in the public interest;
  • When necessary for the vital interest of a client, employee or third party;
  • For the purposes of the legitimate interests of undertaking the activities of Fairweathers Solicitors LLP.

6.2 Clients – your personal data could be shared with external ID checkers/verifiers; holders of your medical records; external medical records collators; after the event insurers; the Legal Aid Agency; Lexcel; experts; legal counsel; the Court; witnesses; enquiry agents; the Compensation Recovery Unit; law costs draftsmen; the other side’s solicitors, counsel and experts; others as necessary to conduct your case.

6.3 Employees – your personal data could be shared with an external payroll company; external accountants; pension providers; other external advisers; the Solicitors Regulation Authority; others as necessary to effectively employ, manage and remunerate our staff.

6.4 Third Parties – your personal data could be shared with IT suppliers; software suppliers; photocopier providers; telephone suppliers; alarm/security providers; services providers; Canterbury City Council; Lexcel; external accountants; other external advisers; professional indemnity insurers; office and buildings insurers; landlords of the head lease on our building; others as necessary to run our business.

7. Where We Store Personal Data

7.1 We store physical data such as files and paper copies in approved secure locations at our offices.  Digital data is securely stored on our cloud Case Management System which is GDPR compliant.

8. Period of Storage

8.1 We will not keep your personal data for longer than is necessary for us to provide services to you.

8.2 We keep client personal information for 6 years, at which point we will securely delete all digital and physical personal data, unless we advise you otherwise for good reason – eg, provisional damages have been awarded in a case or the case involves children.

8.3 We keep different types of personal data for employees and third parties for different periods as set out in our Data Retention Policy, relevant details from which are available upon request.

9. Cookies

9.1 We may sometimes use an internet device called a cookie to store login or other information on your computer.  However, it must be noted that cookies cannot be used to identify you personally.

9.2 We use Google Analytics to store information such as the time you visit the Website, whether you have visited before and the website that you visited prior to visiting our Website. For further information about Google Analytics please see: http://www.google.com/intl/en/analytics/privacyoverview.html.

10. Your Rights

10.1 Right of access, rectification, erasure and portability – under the GDPR, you have the right to request Fairweathers Solicitors LLP provide you access to and rectification or erasure of your personal data.  You have the right to restrict processing, object to processing as well as in certain circumstances, the right to data portability.

10.2 Right to withdraw consent – if you provided consent for the processing of your data by Fairweathers Solicitors LLP, you have the right (in certain circumstances) to withdraw that consent at any time.  This action which will not affect the lawfulness of the processing undertaken prior to when your consent was withdrawn.

10.3 Right to lodge a complaint – you have a right to lodge a complaint to the Information Commissioners’ Office if you believe that we have not complied with the requirements of the GDPR regarding the processing of your personal data.

11. Contact us

11.1 ControllerFairweathers Solicitors LLP is the controller of personal data for the purposes of the GDPR.

11.2 Data Protection Officer – if you have any concerns or want more information about how your data is processed, you can contact our Data Protection Officer, Tracie Linehan, at 9 Boorman Way, Estuary View Business Park, Whitstable, Kent, CT5 3SE, by telephone on 01227 784337 or by email at traciel@fairweather‑solicitors.co.uk.