1. LEGAL INFORMATION
Before 6 April 2011, Fairweathers Solicitors comprised Nick Fairweather operating as a Sole Trader in business on his own account. On 6 April 2011 the business converted to a limited liability partnership and became Fairweathers Solicitors LLP. Some documents available through this website were produced before 6 April 2011. Nothing in those documents is to be taken to indicate that Fairweathers Solicitors LLP is anything other than a limited liability partnership.
Fairweathers Solicitors LLP is a limited liability partnership registered in England and Wales under number OC361699. It is a law firm authorised and regulated by the Solicitors Regulation Authority (“SRA”) of England and Wales under number 557178 and VAT number GB 878 799032. A list of the members of Fairweathers Solicitors LLP, and of the non-members who are designated as partners, and their professional qualifications is open to inspection at the registered office, 9 Boorman Way, Estuary View Business Park, Whitstable, Kent, CT5 3SE. The term “Partner” is used to refer to a member of Fairweathers Solicitors LLP or to an employee or consultant with equivalent standing and qualifications.
Fairweathers Solicitors LLP is not authorised by the Financial Services Authority (FSA).
We may update this Policy at any time without notice. Updates will be marked with a new edition number and dated accordingly. You agree to review this Policy regularly and to be bound by the Policy then in force as it appears on our website.
Fairweathers Solicitors LLP is subject to UK and European privacy legislation, which regulates the use of individuals’ personal information. This legislation imposes specific requirements on Fairweathers Solicitors LLP. All personal information supplied by you to us online via the website will be protected by us in accordance with current applicable privacy legislation and the terms of this Policy.
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:
- use our website: fairweather-solicitors.co.uk;
- contact us about our legal services;
- use our legal services;
- work for us;
- provide services to us.
- Your personal data – what is it?
- Bases for processing personal data
- Categories of personal data
- How we process your personal data
- Sharing personal data
- Uses made of personal data
- Where we store personal data
- Period of storage
- Your rights
- Contact us
Your personal data – what is it?
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.
Basis for Processing Personal Data
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
Categories of Personal Data
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.
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.
Third Parties – your personal information is collected as part of your service provision to us.
How We Process Personal Data
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.
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;
Sharing Personal Data
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.
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.
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.
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.
Where We Store Personal Data
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.
Period of Storage
We will not keep your personal data for longer than is necessary for us to provide services to you.
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.
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.
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.
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.
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.
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.
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.
Controller – Fairweathers Solicitors LLP is the controller of personal data for the purposes of the GDPR.
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.
Fairweathers Solicitors LLP operates secure data networks protected by industry standard firewall and password protection systems. Our security and privacy policies are periodically reviewed and enhanced as necessary and only authorized individuals have access to the information provided by users of our website and our clients.
Please note that whilst we endeavour to take all reasonable steps to protect your personal information, we cannot guarantee the security of any personal information and/or other data that you disclose to us online via the website. You accept the inherent risks of providing information and dealing online over the internet and you will not hold us responsible for any breach of security unless this is due to our negligence or wilful default.
We want to give you the best possible service. However, if at any point you become unhappy or concerned about the service have provided then you should inform us immediately, so that we can do our best to resolve the problem.
In the first instance, it may be helpful to contact the person who is working on your case to discuss your concerns and we will do our best to resolve any issues at this stage. If you would like to make a formal complaint, then you can read our full complaints procedure here. Making a complaint will not affect how we handle your case.
The Solicitors Regulation Authority can help you if you are concerned about our behaviour. This could be for things like dishonesty, taking or losing your money or treating you unfairly because of your age, a disability or other characteristic.
You can raise your concerns with the Solicitors Regulation Authority.
What do to if we cannot resolve your complaint
The Legal Ombudsman can help you if we are unable to resolve your complaint ourselves. They will look at your complaint independently and it will not affect how we handle your case.
- Within six months of receiving a final response to your complaint;
- No more than six years from the date of act/omission; or
- No more than three years from when you should reasonably have known there was cause for complaint.
If you would like more information about the Legal Ombudsman, please contact them.
Copyright: 2018 Fairweathers Solicitors LLP