Privacy Policy

PRIVACY NOTICE & POLICY

Ashby Family Law Practice (“AFLP”) is a legal practice partnership based at 13 Cheapside, Derby DE1 1BR. AFLP is regulated by the Solicitors Regulation Authority. The partners of AFLP are Nicholas Herbert and David Guthrie.

We are committed to protecting your personal information and client confidentiality as solicitors and under data protection law including the General Data Protection Regulation.

We are registered with the Information Commissioner’s Office, the UK data protection regulator, with registration reference Z9195708.

AFLP is the ‘data controller’ in relation to personal information we obtain or hold. The person at AFLP who is responsible for data protection matters is David Guthrie whose contact details are at the end of this notice.

We will need to deal with (‘process’) your personal information in order to provide legal services to you. This notice tells you what we will do with that information and summarises your rights.

Your personal information: what we collect, how and why

We will need to collect personal information about you to form a solicitor and client relationship and so we can create and maintain proper records and provide our services. This information will include your name, address(es), phone number, email address, date of birth, employment details and financial details. We will also need to gather other details about you that are relevant to the work you want us to do. Without this information, we may not be able to fulfil our contract for services with you.

We are required to have a legal basis for processing your information. This basis is:

• so that we can carry out our contract with you for the provision of legal services, or
• so that we can take preliminary steps before entering into a contract to provide such services with you.

We may also process your information on the basis of:

• necessity in order for us to comply with legal obligations we may have (e.g. anti-money laundering rules)
• necessity in the legitimate interests of AFLP or another party if those interests take priority over your rights in the particular circumstances.

We also collect information via our website. We use cookies on our website as detailed in our cookie policy available online at https://www.aflp.co.uk/cookie-policy/

We may collect personal information about you from third parties such as public records, your bank, your employer or professional body, pension administrators, health professionals etc.

Sensitive Information

Depending on the type of case or the advice you need, we may also need to collect or handle more sensitive or ‘special category’ information about you (“Sensitive Information”). Sensitive Information may include your racial or ethnic origin; genetic information; political opinions; identifiable physical, physiological or behavioural characteristics; religious or philosophical beliefs; health; trade union membership; sex life or sexuality.

We will only collect or handle Sensitive Information if we need to in order to deal with your case properly. We will ask you for your specific written permission to collect and process Sensitive Information and tell you why and how the Sensitive Information will be used.

Information we receive about you

If we receive personal information about you from a source other than you (unless you already have that information or we are legally prohibited), we will tell you what that is and where it has come from. If the information is wrong or incomplete, you will be entitled to ask us to correct it.

Marketing

We will not use your details for marketing purposes. You can tell us at any time not to send you such messages.

Children

If we have to process personal information for a child under 13 years old, we will need the consent of the child’s guardian. If the child is over 13 years old, we will need the child’s consent. The lawyer dealing with your case will be able to discuss this with you in more detail.

Storage and sharing with others

We will hold your information on our secure computer systems or in our secure archives. We may share this information with third parties where we have to pass on your personal information to third parties in order to provide our legal services to you. These parties may include:
– barristers;
– other solicitors we may instruct to carry out work on our behalf;
– other solicitors engaged by parties to legal proceedings in which we are instructed by you
– in legal proceedings, the court, court staff and any party required by law or by the rules or order of the court;
– medical practitioners and specialists;
– other experts and professionals; and
– other trusted suppliers such as the company which hosts our website on our behalf and collects your personal information e.g. if you have completed our website enquiry form.
Whenever possible, we will only share your personal information with them on a confidential basis. If we do share information, we will tell you when, with whom and why the information has been shared.

Transferring your information to another country

We do not anticipate transferring your information outside the country, but if the work we are doing for you means we need to do this, we will discuss this with you beforehand.

How long do we keep your information?

We will need to keep your personal information for different time periods, depending on the nature of the case and the purposes for which it was collected. Usually, we will have to keep personal information for a minimum period of 6 years after we have completed the work you ask us to do. You can ask the lawyer dealing with your case for more details.

YOUR RIGHTS UNDER DATA PROTECTION LAW

As a ‘Data Subject’ under the GDPR, you have the following legal rights.

1. You have the right to ask for a copy of the personal information we hold about you.
2. You have the right to ask us to correct any information we hold about you that is not accurate or complete.
3. In certain circumstances, you can ask for personal information we hold about you to be erased from our records. If we are legally prevented from doing this, we will explain that if you make such a request.
4. In certain circumstances, you might be able to restrict how we process your information.
5. You may have the right to have certain types of personal information transferred from AFLP to another organisation.
6. You have the right to object to certain types of processing, such as direct marketing, although note that AFLP do not use your personal information for direct marketing purposes.
7. You have the right to object to important decisions being made about you, or anything about you being evaluated, by an automated process without any human involvement, although note that we do not use your data to make automated decisions.

How you can exercise your rights

If you want to exercise any of the above rights, please contact David Guthrie (details below). If you do this we will also send your request to anyone else we have shared your information with. We will respond to you within one month of receiving your request.

How you can complain

You have the right to make a complaint about how we are processing your personal information. If you wish to do so or you are not satisfied with how we have handled your complaint, you can raise the matter with:

David Guthrie
Ashby Family Law Practice
13 Cheapside
Derby DE1 1BR
dg@aflp.co.uk
01332 293293

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF
Website: ico.org.uk/concerns/handling/

GDPR privacy notice 23.05.18