When we use your personal data we are regulated under the EU General Data Protection Regulation (GDPR) which applies across the European Union (including in the United Kingdom) and we are responsible as ‘controller’ of that personal data for the purposes of the GDPR. Our use of your personal data is subject to your instructions, the GDPR, other relevant UK and EU legislation and our professional duty of confidentiality.
It would be helpful to start by explaining some key terms used in this policy:
|We, us, our||Evolve Family Law Ltd|
|Our data protection officer||Robin Charrot
T: 01625 728015
|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
Personal data we collect about you
The table below sets out the personal data we will or may collect in the course of advising and/or acting for our clients.
|Personal data we will collect||Personal data we may collect depending on why you have instructed us|
|Your name, address and telephone number.
Information to enable us to check and verify the identity of our clients or the payer of any monies to us, 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 our clients are seeking our advice or representation.
Your financial details so far as relevant to our clients’ instructions.
Information about your use of our IT, communication and other systems, and other monitoring information, eg if using our secure online client portal ‘LawConnect’.
The content of all telephone calls between you and us.
|Your National Insurance and tax details.
Your bank and/or building society details.
Details of your professional online presence, e.g LinkedIn profile.
Details of your spouse/partner and dependants or other family members.
Your employment status and details including salary and benefits.
Your nationality and immigration status and information from related documents, such as your passport or other identification, and immigration information.
Details of your pension arrangements.
Your racial or ethnic origin, gender and sexual orientation, religious or similar beliefs.
Personal identifying information, such as your your parents’ names.
Your medical records.
Information to enable us to undertake a credit or other financial checks on our clients.
How your personal data is collected
We collect most of this information from you direct, or via lawyers representing you (if you are not our client), or via our secure online client portal. However, we may also collect information:
- from publicly accessible sources, eg Companies House or HM Land Registry;
- directly from a third party, e.g:
- sanctions screening providers;
- credit reference agencies (only in relation to clients);
- client due diligence providers (only in relation to our clients);
- from a third party with your consent, e.g:
- your bank or building society, another financial institution or advisor;
- consultants and other professionals we may engage in relation to your matter;
- your employer, professional body or pension administrators;
- your doctors, medical and occupational health professionals;
- via our information technology (IT) systems, e.g:
- case management, document management and time recording systems;
- automated monitoring of our websites and other technical systems, such as our computer networks and connections, CCTV and access control systems, communications systems, email, text and instant messaging systems;
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 our clients or to take steps at our clients’ request before entering into a contract;
- for our legitimate interests or those of our clients or 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:
|What we use your personal data for||Our reasons|
|To provide legal services to our clients||For the performance of our contract with our clients or to take steps at their request before entering into a contract|
|Conducting checks to identify our clients or payers of any monies to us, and to verify their identity
Screening for financial and other sanctions or embargoes
Other processing necessary to comply with 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 our clients|
|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 delivery the best service for our clients at the best price|
|Ensuring the confidentiality of commercially sensitive information||For our legitimate interests or those of a third party, i.e to protect our intellectual property and other commercially valuable information
To comply with our legal and regulatory obligations
|Statistical analysis to help us manage our practice||For our legitimate interests or those of a third party, i.e to be as efficient as we can so we can delivery the best service for our clients at the best price|
|Preventing unauthorised access and modifications to systems||For our legitimate interests or those of a third party, i.e to prevent and detect criminal activity that could be damaging for us and for our clients.
To comply with our legal and regulatory obligations
|Updating and enhancing client records||For the performance of our contract with our clients or to take steps at our clients’ 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
|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 our clients
|Marketing our services to:
—existing and former clients;
—third parties who have previously expressed an interest in our services;
—third parties with whom we have had no previous dealings.
|For our legitimate interests or those of a third party, i.e to promote our business to existing and former clients, and to third parties who may have an interest in becoming our clients|
|Credit reference checks via external credit reference agencies||For our legitimate interests or a those of a third party, i.e 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 a those of a third party, i.e to acquire or maintain accreditations so we can demonstrate we operate at the highest standards.
To comply with our legal and regulatory obligations
We will only use (process) any Special Category Personal data if it is necessary for the performance of our contract with clients, and only for the purpose of giving legal advice or whenever courts are acting in their judicial capacity.
We may use your personal data to send to our clients updates (by email, text message, telephone or post) about legal developments that might be of interest to them 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 our clients’ consent to send them 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 or share it with other organisations for marketing purposes.
You have the right to opt out of receiving promotional communications at any time by:
- calling us on 01477464020
- using the ‘unsubscribe’ link in emails or ‘STOP’ number in texts
We may ask you to confirm or update your marketing preferences if you instruct us to provide 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 routinely share personal data with:
- professional advisers who we instruct on behalf of our clients or refer them to, e.g barristers, medical professionals, accountants, tax advisors or other experts;
- other third parties where necessary to carry out our clients’ instructions, e.g mortgage provider, or HM Land Registry in the case of a property search or transaction, or Companies House;
- our insurers and brokers;
- external auditors, e.g in relation to accreditation and the audit of our accounts;
- our banks;
- external service suppliers, representatives and agents that we use to enable our business to function or make it more efficient, e.g IT services, marketing agencies, document collation or analysis suppliers. We will only allow these external service providers to handle your personal data if we are satisfied they take appropriate measures to protect your personal data. We will also impose contractual obligations on these 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.
We will not share your personal data with any other third party without your consent.
Where your personal data is held
Information may be held at our offices and those of our third party agencies, 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 in the matter/s to which your personal data relates. We will do so for one of these reasons:
- to respond to any questions, complaints or claims made by your or on your behalf;
- to show that we treated our client fairly;
- to keep records required by law
We will not retain your data for longer than necessary for the purposes set out in this policy. Different retention periods apply for different types of data. However, in certain cases, it may be necessary to retain data for a very long period of time, for example until a youngest child is 18, or until an indefinite maintenance period is likely to end.
When it is no longer necessary to retain your personal data, we will delete or anonymise it.
Transferring your personal data out of the EEA
To deliver services to our clients, it is sometimes necessary for us to share your personal data outside the European Economic Area (EEA), eg:
- with our clients’ or our service providers located outside the EEA;
- if you or our client are based outside the EEA;
- where there is an international dimension to the matter in which we are advising our client.
These transfers are subject to special rules under European and UK data protection law.
The following countries to which we may transfer personal data have been assessed by the European Commission as providing an adequate level of protection for personal data:
- the Faroe Islands
- the Isle of Man
- New Zealand, and
The Commission has also made partial findings of adequacy in respect of:
- Canada—limited to commercial organisations where the personal data is subject to Canada’s Personal Information and Electronic Documents Act (PIPEDA).
- the United States of America—in respect of transfers of personal data covered by the EU-US Privacy Shield framework.
Except for the countries listed above, non-EEA countries do not have equivalent data protection laws to the United Kingdom and EEA. We will, however, ensure the transfer complies with data protection law and all personal data will be secure. Our standard practice would be to use standard data protection contract clauses which have been approved by the European Commission.
If you would like further information please contact our Data Protection Officer (see ‘How to contact us’ below).
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|
|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|
|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 see https://ico.org.uk/for-organisations/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, other contact details and our client name (if you are not our client) and matter reference number;
- let us have proof of your identity and address (a 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.
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.
The General Data Protection Regulation http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32016R0679&from=EN also gives you 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].
How to contact us
Our contact details are shown below:
|Our contact details||Our Data Protection Officer’s contact details|
|4 The Clocktower, Manor Lane, Holmes Chapel
Cheshire CW4 8DJ
T: 01477 464020
Same postal address
T: 01625 728015