Carter Read & Dove Solicitors
Carter Read & Dove Solicitors (CRD) are a firm of solicitors specialising in the provision of domestic conveyancing, commercial conveyancing, employment Law, Wills and Probate matters and Court of Protection matters on behalf of clients who instruct the firm in these areas of legal work.
To comply with the General Data Protection Regulations (GDPR) this privacy notice is to communicate how and why we collect, process and store personal data.
This Notice will also provide information as to your rights under GDPR in respect of your data and details as to how to make contact with us concerning the same.
We recognise it is a requirement of GDPR in respect of your personal information collected from you that we have to be clear and straight forward with you as to how we use your information, where we store it and for what time period.
We also have to advise you as to whether we would in certain circumstances be obliged to share your information with anyone else and your rights in respect of your personal information.
In being clear with our clients, personal data is any type of data, from which someone else would be able to identify you as an individual.
There are six lawful bases for processing under the GDPR these are as follows:
b. Performance of a Contract
c. Compliance with a Legal Obligation
d. The vital interest of the data subject
e. The legitimate interest of the data controller
f. Public interest in the exercise of Official Authority
If you require further information of these bases this can be found at ico.org.uk.
CRD Solicitors use the following legal bases under which we process personal data
CRD Solicitors will process the personal data that is required from clients, employees and suppliers, HM Land Registry, HMRC, Her Majesty’s Courts and Tribunals Service (HMCTS) and appropriate business associates. We will only collect, process, or store such information that we deem to be essential and necessary in being able to deliver the Contract for which our clients have instructed us to perform and which is required from our employees to comply with the Law and for the wellbeing and running of our office.
The type of personal data that needs to be collected to fulfil this depends on the relationship with the employee, client, business associate, Statutory Authority or the Courts. This information is required so that we are able to fulfil our Contractual obligations. We do not collect personal data that is of no relevance to the particular transaction. We are required as a Legal profession to collect personal data in order to comply with our obligations, regulations and the Law as a firm of solicitors to discharge those professional obligations in compliance with the Law Society regulations, Solicitors Regulation Authority, Professional Indemnity Insurance, Courts and other statutory bodies.
Compliance with a Legal Obligation
The personal data that we obtain from our clients is also used to assist us in making application to HM Land Registry to register transactions in respect of residential conveyancing and commercial conveyancing, payment of Stamp Duty to HMRC and/or VAT returns and/or IHT205 and IHT400 returns to HMRC in respect of Probate matters, and to the Courts, HMCTS in respect of Probate and Court of Protection matters. These we consider to be foreseeable reasons as to why we would require personal data to be input onto the respective forms for onward submission to these statutory bodies. It is also a reason as to why we would need to retain this personal information in the event of enquiries being raised by such statutory bodies.
Processing your personal data
Your personal data we treat at CRD Solicitors as stated before either under Contract or there being a Legal obligation to do so.
We store your personal data either on our computer system or in the individual client files by way of a written format.
We do not undertake marketing using client’s personal information
We understand we have a responsibility to our clients to protect their individual interests in respect of their personal information.
We use your personal data when we have identified a Contractual reason and/or a Legal obligation to do so. We do not process the data of children except on the rare occasions that they are beneficiaries of deceased person’s estates for which limited information in respect of the said child or children is required to assist in the distribution of legacies to them or the creation of Trust funds pursuant to the deceased’s Will.
Clients will always have the ability to opt out of storage of their personal data and/or an ability to object to the storage of their personal data.
We do not believe that the storage of our client’s personal data will create a significant privacy impact to our clients.
CRD Solicitors will review on an ongoing basis the storage of personal data of clients and in accordance with the Law Society’s guidelines on the retention of physical files, will securely destroy the physical file of the client after an appropriate time period has lapsed dependent upon the nature of the legal matter. As an example Probate files and Court of Protection files are kept for twenty years and destroyed, Will files for twelve years and destroyed, sale and purchase of residential properties, remortgaging of residential properties and transfers of equity of residential properties and commercial properties for seven years and then destroyed and employments matters for seven years and then destroyed.
Data Storage and Security
All personal data of our clients held by CRD Solicitors is stored within the UK.
Your personal data is stored on our managed in-house server based in the UK and clients files that have live matters are kept within our office in Commercial Road and old client files are stored off-site by a well-known storage company within the Swindon area. Access to the physical storage facilities is had by one of the two Partners of CRD Solicitors or delegated employees attending the physical storage facilities where appropriate to obtain old files where there is a client/solicitor need to clarify or review the matter.
Your rights under GDPR
Employees and Clients have the following rights under GDPR. These can be exercised by a Subject Access Request (SAR). It would help if as much detail as possible of the personal information/identification of the employee/client is stated on the SAR to assist us in dealing with your request as quickly as possible.
The right to be informed
Any personal data that CRD Solicitors hold, you have the right to be informed about its collection and use.
The right of access
You have the right to access your personal information by making a SAR to CRD Solicitors. CRD solicitors response will be to provide as much information as they are able to do so from our datatbase and files as to the information being held by CRD solicitors in respect of an individual client.
The right to rectification
You have the right under GDPR for rectification of any inaccurate personal information that we may be holding or indeed any incomplete information that we may be holding and we will endeavour to respond within one month or less when such request has been made to CRD Solicitors.
The right to erasure/object/deletion
You have a right to object and also a right to request for deletion of your personal data from our database and our storage system. Unless there is a legal reason as to why we are not able to comply, CRD Solicitors will endeavour to comply with such a right to object and/or a right for deletion within thirty days of being requested.
As advised earlier in this Privacy Notice there may be occasions when we are required by Law to continue to retain your personal data notwithstanding your request for a right to object to our holding that data and also a right to request for deletion of the personal data.
Rights in relation to automated decision making and profiling
Under GDPR individuals have rights in relation to automated individual decision-making (making a decision solely by automated system) (processing of personal data to evaluate certain things about an individual) We at CRD Solicitors DO NOT undertake automated decision making and/or profiling in respect of personal data held by CRD Solicitors.
If you wish to lodge a complaint regarding how we have dealt with your personal data or your request to exercise any of your rights, contact 01793 617617 and speak to Robert A Carter – Partner in the first instance who will then deal with and investigate your request with assistance of delegated personnel within CRD Solicitors.
Address: CRD Solicitors 34/35 Commercial Road Swindon SN1 5NS.
DX: 38608 SWINDON 2
Telephone: 01793 617617