DATA PRIVACY NOTICE.

  • Introduction
  • Accountability
  • Children
  • Personal data
  • Categories of personal data
  • Where data comes from
  • Use of Personal data
  • Disclosure of data
  • Retention of data
  • Data sharing 
  • Data transferred outside the EEA
  • Data protection and security
  • Website users
  • Inaccurate information
  • Data access request
  • What happens if you don’t want us to use your personal data?
  • Complaints about use of personal data
  • Automated decision making
  • Changes to this Data Privacy notice
  • Law

 

  • Introduction
    • This is the Data Privacy Notice for Young and Co Solicitors Limited (trading as Young & Co Solicitors) and for convenience we will refer to the firm as “we” or “us” or “the firm”in this notice. We explain how we protect and process personal data on behalf of clients and others who use our services or website.Read this notice in conjunction with our Terms and Conditions and retainer letter. Please read this notice carefully as it explains why data is collected and what we do with it in our possession.The website of the firm is www.youngandco.com and is covered by this notice. The notice does not apply to any websites which may have a link to ours. 
    • Accountability
      • Data is collected, processed and stored by Young and Co Solicitors Limited, Edward House, Uttoxeter Road, Longton, Stoke on Trent, Staffordshire, ST3 INZ which is a data controller.Young and Co Solicitors Limited is a limited company registered at companies house under number 9051815. We are registered with the Information Commissioners office under reference ZA083588. We are authorised and regulated by the Solicitors Regulation Authority. Our Data Protection Lead is Phillipa Connolly and can be contacted by email pconnolly@youngandco.com or telephone 01782 339200. 
      • Children
        • Our website and services are not aimed at children because children are usually represented by their parents or a guardian in legal work. If you are a child and wish to have further advice or explanation about how we use your data please contact our Data Protection Lead who may be able to assist you.
        • Personal data
          • The personal data we request from you will depend upon what you have instructed us to do or what we are contracted to do for you. This Privacy Notice is for clients and prospective clients only. Applicants for employment and employees have their own Data Privacy Notice.Personal data we request usually includes your full name, address, date of birth, email and telephone numbers. Banking details may be required in some cases e.g. Sale or purchase of a property or financial matters in family/divorce cases. In some cases we may require medical information or other sensitive information to carry out our work.We have to comply with our legal obligations to verify your identity and will ask you to provide copies of some documents to support this. If we are dealing with e.g. a purchase of a property we will ask you about the source of funds and request supporting documents. We may carry out searches to assist us in verifying your identity. We are unable to proceed with your instructions without doing these checks until they have been completed. On conclusion the file we hold will be retained for 6 years.
          • Categories of Personal data
            • In most cases the personal data will be your full name, address, contact details and information to complete ID checks. Sometimes we require more sensitive personal data to undertake some work upon which you have instructed us under your contract with us which is sometimes termed the retainer.Those categories include: racial or ethnic origin, political opinions, religious beliefs or philosophical beliefs, trade union membership, physical or mental health or condition, sex life or orientation, genetic data or biometric data. We may need to share the information with third parties such as the Legal Aid Agency. This is only done with safeguards in place to ensure the data is confidential and secure.
            • Where data comes from.
              • Your personal data comes from various sources. The main source will be from yourself given verbally in writing (by letter, email or fax) or input through our website.You must have permission to disclose personal data relating to someone else and all data you disclose should be complete, accurate and up to date.We may receive information from third parties to carry out our legal work for you. These may be for example Banks or building societies; organisations which refer work to law firms; other professionals e.g. accountants or independent financial advisers.
              • Use of Personal data.
                • You will be asked to provide personal data to us to allow us to carry out your instructions e.g. to provide a quote or estimate of our fees or to undertake legal work on your behalf. We may use your information for the following:
                  • To verify your identity and establish how you are funding a transaction you wish us to carry out on your behalf. If funding is provided by a third party such as a family member we may need to ask you to obtain information from them and personal information you provide will be subject to the terms of this Data Privacy Notice.
                  • Communicating with you whilst dealing with your matter.
                  • Detection of fraud.
                  • Records of financial transactions including the transactions we make on your behalf. We don’t store card information.
                  • Giving you advice, undertaking litigation on your behalf or an organisation you represent, preparing documents or completing transactions for you or the organisation you represent;
                  • Obtaining advice from third parties in connection with your matter.
                  • Assisting you with funding of your matter if it involves Public Funding
                  • Dealing with a complaint or allegation of negligence against us
                  • Internal management and planning:- resource management; planning of tasks or meetings; retaining records of sources of work and new enquiries; storing an archiving files and documents.
                  • Giving you information about other legal work or services that may benefit you.

               

              • Disclosure of data.
                • Whilst we are dealing with your legal work we are likely to need to disclose some information to parties outside Young & Co, but these are only made when required as a result of the work we do for you. Examples include providing information to:
                  • HM Land Registry to register a property
                  • HM Revenue and Customs for Stamp duty liablity
                  • A court or tribunal
                  • Solicitors representing the other party or parties in your matter.
                  • Barristers, agent solicitors or non legal experts (including Doctors to medical reports) to obtain advice or assistance on your matter.
                  • Bank or building society or other lenders providing mortgage facilities
                  • Insurance companies in conveyancing or administration of an estate
                  • Consultants who provide independent quality checks of your files. We currently use Lexcel assessors and Legal Aid agency.
                  • Solicitors accounts rules Auditors for this firm who are Lawton Bradford Accountants Limited as part of their regulatory checking on behalf of the Solicitors Regulation Authority and the Solicitors Regulation Authority themselves.
                  • Solicitors representing our interests in the event of a claim against us by you.
                  • Prospective purchasers (or their advisers) of this business under a binding disclosure agreement;
                  • Providers of identity verification and assurance tools in order to confirm we can take you on as a client
                  • Any disclosure required by law in a particular in relation to the prevention of financial crime and terrorism.

              There are some uses of personal data that require your specific consent. We will contact you to explain what they are and to ask for your consent where required, which you are free to withdraw at any time. You will be asked to sign a consent form to allow us to use your data as set out in this notice if it requires specific consent. If you refuse or withdraw your consent there can be consequences as set out in the section “What happens if you don’t want us to use your personal data”.

              • Retention of Data.
                • Your data may be held in computers or manual files. We only retain the information for as long as necessary to:
                  • Carry out your work
                  • As required by law
                  • Until the period you could make a claim against us has elapsed which is usually 6 years after the matter is concluded or if you were a child under 18 then when you or the child reaches 25th birthday.
                  • For the duration of the trust plus 6 years
                  • Wills can be kept for 75 years from the date they are signed
                  • Grants of Probate and Grants of Letters of Administration (unless released to the Executors or Administrators at their request or authorisation
                  • Deeds to unregistered properties are retained in our Strong room (unless released to the Legal owners at their request)
                  • Comply with any client instructions to extend the retention period in relation to their documents
                  • Information obtained from prospective clients is kept for up to 6 months for the purpose of providing quotations and any subsequent follow up.
              • Data sharing.
                • We do not share personal data with third parties unless we need to do so. Data may be shared to complete your legal work and as required by law. Personal data stored on our computers could be shared with our system maintainers for fault diagnostics but we will take steps to protect your data should third party access be required. We do not sell your personal information to third parties.Information from our website www.youngandco.com will be transferred to Young & Co who provide quotes and carry out work and reply to queries.
                • Data transferred outside the EEA.
                  • Where possible your personal information will be processed within the EEA. However, for reasons set out above we may need to disclose your data to companies located outside the EEA e.g United States. If we have to do this we will use security precautions to keep your personal information safe.
                  • Data Protection and Security.
                    • We have security and technological policies and procedures in place to protect your data from loss, misuse, alteration or unintentional destruction. Our Staff who have access to the information have been trained to respect your confidentiality and to look after the data in our possession.
                    • Website users.
                      • If you contact us using a form upon the website this is sent to Young & Co and allocated to a member of staff. Any personal information within your enquiry will be treated in the same way as if it was provided by letter or email as referred to above.
                      • Inaccurate information
                        • If you think any information we hold about you is inaccurate or incomplete or has been changed since you first told us let us know as soon as possible so that we can update our records. 
                        • Data access request.
                          • The General Data Protection Regulations (The GDPR) replace the Data Protection Act 1998 on 25th May 2018. You are entitled to request a copy of your personal data under both regulations. If your request is received prior to 25th May then a fee of £10 is payable. If you wish to make a subject access request please contact our Data protection lead Phillipa Connolly (pconnolly@youngandco.com or 01782 339200 or write to Young and Co Solicitors Limited, Edward House, Uttoxeter Road, Longton, Stoke on Trent, Staffordshire, ST3 1NZ) or contact the person dealing with your matter.A subject access request entitle you to a copy of the personal data we hold on you the focus of the information we have to provide is you and will include things as record of your name, address, contact details, date of birth etc. A subject access request will not normally result in you getting a copy of your file because the focus of the documents it contains are likely to be the transaction or legal matter rather than personal information.Generally any access request, rectification of data will be dealt with within one month and erasure or restrict processing as soon as practicable and without undue delay.
                          • What happens if you don’t want us to use your personal data?
                            • The GDPR (full name above) provide you with these rights, the right to be informed, the right of access, the right of rectification, the right of erasure, the right to restrict processing, the right to data portability, the right to object to specific types of processing, the right to be forgotten and the right to restrict processing.Depending on the nature of the request we will comply with it to the fullest extent possible, but this means that in some cases we are unable to continue with your matter in which case work would cease at the earliest opportunity but you would remain liable for the fees and disbursements incurred to date.If you have opted into marketing but subsequently withdraw your consent we will act on your request immediately it is received.In some situations you may be able to ask for restrictions to be placed on the processing of your data or to exercise your right to be forgotten.A restriction has the effect of freezing the data so we could continue to store your personal information but could not do anything with it. This might be relevant to you if you had any query or concern over the way your data was handled. A right to be forgotten would usually apply if data is processed unlawfully or otherwise fails to satisfy the requirement of the GDPR.
                            • Complaints about use of your personal data.
                              • Please contact our Data Protection lead if you have a complaint or concern about how your data will be used. She will acknowledge your complaint and reply to your concerns. If you are not satisfied with the response the regulator on data protection issues is The Information Commissioner’s office. Their telephone number is 0303 123 1113 and website is www.ico.org.uk
                              • Automated decision making
                                • We do not use your information for automated decision making.
                                • Changes to this privacy notice.
                                  • The current data protection notice is available on our website. Any material changes will be notified to you.
                                  • Law.
                                    • The English courts have jurisdiction over any claim arising from or related to a visit to our websites or a data breach.We retain the right to bring proceedings against you for breach of these Website conditions in your country of residence or any other relevant country. English law governs these terms.