1. Our privacy policy
Hyland Legal takes your privacy very seriously. We are committed to protecting the privacy and security of your personal information. We will not share, sell or rent your data with anyone without permission. We ask that you read this Privacy policy carefully as it contains important information about what to expect when Hyland Legal collects personal information about you and how Hyland Legal will use your personal data. Personal information is any data which can identify an individual, which may include your name, email address and postal address.
2. Data protection principles
The information we hold about you must be:
- Used lawfully, fairly and in a transparent manner.
- Collected only for specified, explicit and legitimate purposes which have been clearly explained to you and not for use in any way incompatible with those purposes.
- Relevant, adequate and limited to those purposes.
- Processed in a manner that ensures appropriate security, including protection against unauthorised or unlawful processing, and against accidental loss, destruction or damage, using appropriate technical or organisational measures.
- Kept for no longer than is necessary for the purpose explained to you.
- Within reason, kept accurate and up to date.
- Not shared without your express consent.
Where there is any conflict with our existing agreed terms of engagement then subject to your agreement, this privacy notice shall be deemed to take precedence.
3. Purpose of this notice
This notice describes how we collect, use, disclose, retain and protect personal data about you, in accordance with the General Data Protection Regulation (‘GDPR’), the Data Protection Act 1998 (or any subsequent replacement when enacted) and any other national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK (‘Data Protection Legislation’).
Please read the following carefully to understand our practices regarding your personal data and how we will treat it.
4. About us
Hyland Legal is a firm of solicitors, registered with the Solicitor’s Regulation Authority. We are operate from 76 St George’s Road, Bolton, BL1 2DD.
For the purpose of the Data Protection Legislation and this notice, we are a ‘data controller’. This means that we are responsible for deciding how we hold and use personal data about you. We are required under the Data Protection Legislation to notify you of the information contained in this privacy notice. A data controller determines the purposes and means of processing personal data. We are also a ‘processor’ – a processor is responsible for processing personal data on behalf of a controller.
We have appointed Nicki Winstanley as our Data Protection Officer. Our Data Protection Officer is also our Data Protection Point of Contact and is responsible for assisting with enquiries in relation to this privacy notice or our treatment of your personal data. Should you wish to contact our Data Protection Point of Contact you can do so using the contact details at the end of this notice.
We are registered with the Information Commissioner’s Office under registration number ZA061366.
5. How we may collect your personal data
We obtain personal data about you, for example:
- When you request a proposal from us in respect of the services we provide;
- When you, your employer or our clients engage us to provide our services and also during the provision of those services;
- When you contact us by email, telephone or post (for example when you have a query about our services); or
- From third parties and/or publicly available resources (for example, from your employer or from Companies House).
- visitors to our website or people who receive our legal updates
- our clients
- those who are involved in transactions that we are working on
- people who do business with us, our suppliers and service providers
- our business contacts
- our insurers, regulators, advisers, consultants and professional experts
6. The kind of information we hold about you
We collect information from you when you engage us in order for us to provide services to you. The term ‘Personal Data’ relates to any information that makes you identifiable. We will collect, use and store the following (but not limited to) personal information:
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- Personal details (such as your name and/or address);
- Business activities;
- Details of contact we have had with you in relation to the provision, or the proposed provision, of our services;
- Your personal details
- Details of any services you have received from us;
- Our correspondence and communications with you;
- Information about any complaints and enquiries you make to us;
- Information from research, surveys, and marketing activities;
- Information we receive from other sources, such as publicly available information, or information provided by your employer or third parties.
We may also collect other personal information from you arising from the nature of your relationship with us and/or your interaction with us. Occasionally we may receive information about you from other sources (such as credit reference agencies) which we will add to the information which we already hold about you in order to help us provide legal services.
We gather this information to allow us to provide legal services including advising and acting on behalf of our clients. The relevant information is then used by us to communicate with you on any matter relating to the conduct of your instructions in general. If you agree, we may also contact you about other products and services we think may be of interest to you.
We also gather information in order to comply with our legal, regulatory and professional obligations, to provide information to our brokers and insurers, in the day to day running of our business, to maintain our own accounts and records and to provide access to our files for audit. Your personal data will only be used on a lawful basis.
We may process your personal data for purposes necessary for the performance of our contract with you or your employer and to comply with our legal obligations (including compliance with money laundering and terrorist financing legislation and regulations).
We may process your personal data for the purposes necessary for the performance of our contract with our clients. This may include processing your personal data where you are an employee, subcontractor, supplier or customer of our client.
We may process your personal data for the purposes of our own legitimate interests provided that those interests do not override any of your own interests, rights and freedoms which require the protection of personal data. This includes processing for marketing, business development, statistical and management purposes, as well as (where applicable) processing your credit card and/or bank details to enable payment to us as agreed.
We may process your personal data for certain additional purposes with your consent, and in these limited circumstances where your consent is required for the processing of your personal data then you have the right to withdraw your consent to processing for such specific purposes.
Please note that we may process your personal data for more than one lawful basis depending on the specific purpose for which we are using your data.
7. Other situations in which we will use your personal data
We may use your personal data in order to:
- Carry out our obligations arising from any agreements entered into between you, your employer or our clients and us (which will most usually be for the provision of our services);
- Carry out our obligations arising from any agreements entered into between our clients and us (which will most usually be for the provision of our services) where you may be a subcontractor, supplier or customer of our client;
- Provide you with information related to our services and our events and activities that you request from us or which we feel may interest you, provided you have consented to be contacted for such purposes;
- Seek your thoughts and opinions on the services we provide; and
- Notify you about any changes to our services.
In some circumstances we may anonymise or pseudonymise the personal data so that it can no longer be associated with you, in which case we may use it without further notice to you.If you refuse to provide us with certain information when requested, we may not be able to perform the contract we have entered into with you. Alternatively, we may be unable to comply with our legal or regulatory obligations.
We may also process your personal data without your knowledge or consent, in accordance with this notice, where we are legally required or permitted to do so.
8. Data retention
Generally, we will only retain your personal data for as long as is necessary to fulfil the purposes for which it is collected.
When assessing what retention period is appropriate for your personal data, we take into consideration:
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- The requirements of our business and the services provided;
- Any statutory or legal obligations;
- The purposes for which we originally collected the personal data;
- The lawful grounds on which we based our processing;
- The types of personal data we have collected;
- The amount and categories of your personal data; and
- Whether the purpose of the processing could reasonably be fulfilled by other means.
We will keep your personal data for as long as we carry out work for you. Afterwards, we will continue to store your personal data for as long as it is deemed likely that you may be called upon to produce it as evidence or corroboration.We may be subject to legal or regulatory requirements to retain data for specified minimum periods. We also reserve the right to retain data for longer than this in case it is needed to defend or support any future claims against us.
9. Change of purpose
Where we need to use your personal data for another reason, other than for the purpose for which we collected it, we will only use your personal data where that reason is compatible with the original purpose.
Should it be necessary to use your personal data for a new purpose, we will notify you and communicate the legal basis which allows us to do so before starting any new processing.
10. Data Sharing
Why might we share your personal data with third parties?
We will share your personal data with third parties where we are required by law, where it is necessary to administer the relationship between us or where we have another legitimate interest in doing so.
Third parties may include, for example:
- Lawyers / solicitors;
- Taxation or financial advisors;
- HM Revenue & Customs;
Which third-party service providers process your personal data?
“Third parties” includes third-party service providers and other entities within our group. The following activities are carried out by third-party service providers: IT and cloud services, professional advisory services, administration services, marketing services and banking services.All of our third-party service providers are required to take commercially reasonable and appropriate security measures to protect your personal data. We only permit our third-party service providers to process your personal data for specified purposes and in accordance with our instructions.
What about other third parties?
We may share your personal data with other third parties, for example in the context of the possible sale or restructuring of the business. We may also need to share your personal data with a regulator or to otherwise comply with the law.
11. Transferring Personal Data Outside the European Economic Area (EEA)
We will not transfer the personal data we collect about you outside of the EEA.
12. Data Security
Computer data is stored on our own server and backed up remotely in a secure UK location. Sometimes your data may be stored on cloud-based software. Insofar as we are able to determine, we use GDPR compliant sources
We use software to assist us to fulfil our contract with our clients. We may save your personal details within programmes, all of which have restricted access.
Some data is stored in paper files. The files are stored in a secure location, with physical access restricted to our staff only.
We have put in place commercially reasonable and appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.
We have put in place physical, technical and organisational measures to safeguard your personal information and we will use our reasonable efforts to safeguard your personal information. However, you should be aware that the use of the Internet is not entirely secure and for this reason we cannot guarantee the security or integrity of any personal information which is transferred from you or to you via the Internet.
Our website may contain links to other websites. This Privacy policy applies only to this website so when you access links to other websites you should read their own privacy policies.
13. Rights of access, correction, erasure, restriction and portability
Your duty to inform us of changes
It is important that the personal data we hold about you is accurate and current. Should your personal information change, please notify us of any changes of which we need to be made aware by contacting us, using the contact details below.
We rely on you to inform us of any relevant changes to personal information.
Your rights in connection with personal data
Under certain circumstances, by law you have the right to:
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- Request access to your personal data. This enables you to receive details of the personal data we hold about you and to check that we are processing it lawfully.
- Request correction of the personal data that we hold about you if it is inaccurate or incomplete.
- Request a restriction on the processing of your personal data for a period of time (if, for example, you have issues with the content of the information).
- Request erasure of your personal data (the right to be forgotten). This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have exercised your right to object to processing (see below).
- Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this basis. You also have the right to object where we are processing your personal information for direct marketing purposes.
- Request the restriction of processing of your personal data. This enables you to ask us to suspend the processing of personal data about you, for example if you want us to establish its accuracy or the reason for processing it.
- Request the transfer of your personal data to you or another data controller if the processing is based on consent, carried out by automated means and this is technically feasible.
If you want to exercise any of the above rights, please email or write to our Data Protection Point of Contact (details below). We will comply with your request, subject to any restrictions based on our regulatory or legal obligations or legitimate interests, as detailed above.You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.
14. Right to withdraw consent
In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal data for a specific purpose (for example, in relation to direct marketing that you have indicated you would like to receive from us), you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please email or write to our Data Protection Point of Contact (details below).Once we have received notification that you have withdrawn your consent, we will no longer process your personal information (personal data) for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.
15. Changes to this notice
Any changes we may make to our privacy notice in the future may be provided to you in writing, via email or online, as appropriate.
This privacy notice was last updated on 24 May 2018.
16. Contact us
If you have any questions regarding this notice or if you would like to speak to us about the manner in which we process your personal data, please email our Data Protection Point of Contact (nwinstanley@hylandlegal.uk) or write to her at our business address.
Please also contact our Data Protection Point of Contact if you would like to correct, delete, review, share or object to the processing of your personal data.
You also have the right to make a complaint to the Information Commissioner’s Office (“ICO”), the UK supervisory authority for data protection issues, at any time. The ICO’s contact details are as follows:
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 0303 123 1113 (local rate) or 01625 545 745
Website: https://ico.org.uk/concerns