In the course of our acting for you, we may receive information relating to you, your directors, shareholders, beneficial owners, employees, agents, associates and family members. In this Policy, we refer to this information as “personal data”.
This Policy sets out the basis on which we will process this personal data. Please read the Policy carefully to understand our practices regarding personal data and how we will use it.
The data controller in respect of personal data is Fox Williams LLP, a limited liability partnership registered in England and Wales under number OC320160. Our registered office is at 10 Finsbury Square, London, EC2A 1AF.
Fox Williams LLP is registered with the Information Commissioner’s Office under registration number Z9541811. Fox Williams LLP is authorised and regulated by The Solicitors Regulation Authority.
References in this Policy to “FW”, “we”, “our” and “us” are references to Fox Williams LLP.
We are not required to appoint a formal Data Protection Officer under data protection laws. However, our Privacy Manager is Nigel Miller.
If you have any questions about this policy or your information, or to exercise any of your rights as described in this policy or under applicable data protection laws, you can contact us as follows:
Privacy Manager (Nigel Miller)
Fox Williams LLP, 10 Finsbury Square, London, EC2A 1AF
By email: firstname.lastname@example.org
By telephone: +44 (0)20 7628 2000
Anyone processing personal data must comply with the principles of processing personal data as follows:
This Policy describes the personal data that we collect and explains how we comply with these principles.
We collect the personal data as necessary to enable us to carry out your instructions, to manage and operate our business and to comply with our legal and regulatory obligations.
The personal data that we collect includes, but is not limited to, the following:
If you do not provide any personal data that we ask for and that we need to enable us to carry out your instructions, it may delay or prevent us from providing our services to you.
Where the personal data relates to your directors, shareholders, beneficial owners, employees, agents, associates or family members you confirm that you are authorised to provide this personal data to us. It is not reasonably practicable for us to provide to these individuals the information set out in this Policy. Accordingly, where appropriate, you are responsible for providing this information to any such individuals.
We collect most of this information from you directly. However, we also collect information:
Our use of your personal data is subject to your instructions, data protection laws and our professional duty of confidentiality.
We will only process your personal data if we have a legal basis for doing so, including where:
The table below further explains the purposes for which FW will use your personal data (excluding sensitive personal data) and our legal basis for doing so:
|Purposes for which we will process the information||Legal Basis for the processing|
|To provide legal professional services to you in connection with your matters.||For the performance of our contract with you or to take steps at your request before entering into a contract.|
|To carry out associated administration and accounting in connection with your matters and other processing necessary to comply with our professional, legal and regulatory obligations.||For the performance of our contract with you or to take steps at your request before entering into a contract.
To comply with our legal and regulatory obligations.
|To comply with our anti-money laundering requirements.
|To comply with our legal and regulatory obligations.|
|To comply with our internal business policies.||It is in our legitimate interests or those of a third party to adhere to our own internal procedures so that we can deliver an efficient service to you. We consider this use to be necessary for our legitimate interests and proportionate.
|For operational reasons, such as improving efficiency, training and quality control.||It is in our legitimate interests to be as efficient as we can so we deliver the best service for you.|
|To prevent unauthorised access and modifications to our systems.||It is in our legitimate interests to prevent and detect criminal activity that could be damaging for Fox Williams and for you.
To comply with our legal and regulatory obligations
|For updating client records.||For the performance of our contract with you or to take steps at your request before entering into a contract.
To comply with our legal and regulatory obligations.
|For marketing our services.||It is in our legitimate interests to market our services. We consider this use to be proportionate and will not be prejudicial or detrimental to you.|
|To carry out credit reference checks.||It is in our legitimate interests to carry out 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 our Investors in People accreditation and the audit of our accounts.
|It is in our legitimate interests to maintain our accreditations so we can demonstrate we operate at the highest standards.
To comply with our legal and regulatory obligations.
Where we request personal data to identify you for compliance with anti-money laundering regulations, we shall process such information only for the purposes of preventing money laundering or terrorist financing, or as otherwise set out in this Policy or permitted by law.
Where we rely on legitimate interests as a lawful basis, we will carry out a balancing test to ensure that your interests, rights and freedoms do not override our legitimate interests. If you want further information on the balancing test we have carried out, you can request this from our Privacy Manager.
Where you provide consent, you can withdraw your consent at any time and free of charge, but without affecting the lawfulness of processing based on consent before its withdrawal. You can update your details or change your privacy preferences by contacting our Privacy Manager as provided in “Contacting us” above.
FW will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal data for an unrelated purpose, we will notify you in a timely manner and we will explain the legal basis which allows us to do so.
FW acts as a data controller in relation to the processing of personal data as set in this Policy. However, in some circumstances we may process personal data on your behalf as a data processor for the purposes of data protection laws. Where we process any personal data on your behalf as your data processor, the terms set out in our data processing addendum, a copy of which is available on request from our Privacy Manager, shall apply.
You may also supply us with, or we may receive, special categories of (or “sensitive”) personal data. This is defined by data protection laws to include personal data revealing a person’s racial or ethnic origin, religious or philosophical beliefs, or data concerning health. We process these special categories of personal data on the basis of one or more of the following:
where you have given explicit consent to the processing of the personal data for one or more specified purposes;
We collect and store personal data relating to criminal convictions and offences (including the alleged commission of offences) only where necessary for the purposes of:
We use your personal data to notify you by email, telephone, post or SMS about important legal developments and services which we think you may find valuable, for sending you newsletters, invitations to seminars and similar marketing.
In this connection we may disclose personal data to third parties providing marketing services to us, or with whom we are conducting joint marketing exercises.
You have the right to opt out of receiving direct marketing communications from us at any time by contacting our Privacy Manager using the contact details set out above; or using the “unsubscribe” link in emails.
Email which you send to us or which we send to you may be monitored by Fox Williams to ensure compliance with professional standards and our internal compliance policies. Monitoring is not continuous or routine, but may be undertaken on the instruction of a partner where there are reasonable grounds for doing so.
Our information technology systems are operated by Fox Williams but some data processing is carried out on our behalf by a third party (see below Disclosure of Personal data). Details regarding these third party data processors can be obtained from our Privacy Manager whose details are given above.
Where processing of personal data is carried out by a third party data processor on our behalf we endeavour to ensure that appropriate security measures are in place to prevent unauthorised
Personal data will be retained by us and will not be shared, transferred or otherwise disclosed to any third party, save as set out in this Policy.
If we are working with other professional advisers in relation to any matter handled by us on your behalf then, unless you instruct us otherwise, we shall assume that we may disclose your information to them.
We disclose and share personal data:
Certain laws (for example, those relating to money laundering and tax fraud) give power to authorities such as the police or the tax authorities to inspect clients’ information and take copies of documents. It is possible that, at any time, we may be requested by those authorities to provide them with access to your information in connection with the work we have done for you. If this happens, we will comply with the request only to the extent that we are bound by law and, in so far as it is allowed, we will notify you of the request or provision of information.
In certain circumstances, solicitors are required by statute to make a disclosure to the National Crime Agency where they know or suspect that a transaction may involve a crime including money laundering, drug trafficking or terrorist financing. If we make a disclosure in relation to your matter, we may not be able to tell you that a disclosure has been made.
We may transfer personal data to a successor firm or company which acquires the legal practice carried on by us. If this happens, we shall ensure that you are notified of the transfer and we shall secure a commitment from the firm or company to which we transfer personal data to comply with applicable data protection laws.
Access to your information and updating your information
You have the right to access information which we hold about you. If you so request, we shall provide you with a copy of your personal data which we are processing (“subject access request”). We may refuse to comply with a subject access request if the request is manifestly unfounded or excessive or repetitive in nature.
You also have the right to receive your personal data in a structured and commonly used format so that it can be transferred to another data controller (“data portability”). This right only applies where your personal data is processed by us with your consent or for the performance of a contract and when processing is carried out by automated means.
We want to make sure that your personal data is accurate and up to date. You have the right to have inaccurate personal data rectified, or completed if it is incomplete. We may refuse to comply with a request for rectification if the request is manifestly unfounded or excessive or repetitive.
Right to object
You have the right to object at any time to our processing of your personal data for direct marketing purposes.
You also have the right to object, on grounds relating to your particular situation, at any time to processing of your personal data which is based on our legitimate interests. Where you object on this ground, we shall no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.
Your other rights
You also have the following rights under data protection laws to request that we rectify your personal data which is inaccurate or incomplete.
In certain circumstances, you have the right to (i) request the erasure of your personal data erasure (“right to be forgotten”); (ii) restrict the processing of your personal data to processing to which you have given your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of others.
Please note that the above rights are not absolute, and we may be entitled to refuse requests, wholly or partly, where exceptions under applicable law apply. We may refuse a request for erasure, for example, where the processing is necessary to comply with a legal obligation or necessary for the establishment, exercise or defence of legal claims. We may refuse to comply with a request for restriction if the request is manifestly unfounded or excessive or repetitive in nature.
You can exercise any of your rights as described in this policy and under data protection laws by contacting our Privacy Manager.
Save as described in this policy or provided under applicable data protection laws, there is no charge for the exercise of your legal rights. However, if your requests are manifestly unfounded or excessive, in particular because of their repetitive character, we may either: (a) charge a reasonable fee taking into account the administrative costs of providing the information or taking the action requested; or (b) refuse to act on the request.
Where we have reasonable doubts concerning the identity of the person making the request, we may request additional information necessary to confirm your identity.
We store your information in hard copy and in electronic format. We use industry standard technical and organisational measures to protect information from the point of collection to the point of destruction.
We will only transfer personal data to a third party if it agrees to comply with those procedures and policies, or if it puts in place adequate measures itself.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted over the internet.
To deliver services to you, it is sometimes necessary for us to transfer and store your personal data outside the European Economic Area (“EEA”) as follows:
Where personal data is transferred to and stored outside the EEA, we take steps to provide appropriate safeguards to protect your personal data, including:
In the absence of an adequacy decision or of appropriate safeguards as referenced above, we will only transfer personal data to a third country where one of the following applies (as permitted under Article 49 GDPR)):
If you want further information on the specific mechanism used by us when transferring your personal data out of the EEA, please contact our Privacy Manager using the details set out above.
Personal data received by us will only be retained for as long as necessary to fulfil our engagement. Following the end of our engagement we will retain your information:
After this period, when it is no longer necessary to retain your personal data, we will securely delete or anonymise it in accordance with our Data Retention Policy. Further details regarding our data retention policy can be obtained from our Privacy Manager whose details are given above.
You have the right to make a complaint at any time with a supervisory authority, in particular in the EU (or EEA) 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’s Office (“ICO”) who can be contacted at https://ico.org.uk/ or telephone on 0303 123 1113.
We may change this Policy from time to time. The current version of this Policy will always be available from us in hard copy or on our website. We will post a prominent notice on our website to notify you of any significant changes to this Policy or update you by other appropriate means.
This policy was last updated on: 22 May 2018.