At BURNAND BRAZIER MALCOLM WILSON we are committed to protecting and respecting your privacy. We, as a company, comply to the General Data Protection Regulations of 2018.

This notice (together with our terms of business) will set the basis on how we process, collect, manage and store your personal details, including your rights under the General Data Protection Regulations (GDPR) are adhered to.

Please read the following to understand our views and practices regarding your personal data, including the conditions under which we may disclose it to others and how we keep it secure.

INFORMATION WE COLLECT FROM YOU

The information that will be requested from you will depend on what you have instructed us to do or what we are contracted to do for you.

There are two forms of data that you may provide us with: –

Personal Data – Which is the general information that you supply about yourself – such as your name, address, gender, date of birth, contact details, financial information etc.

Sensitive Personal Data – Which is a more sensitive type of information and may include your race or ethnic origin, religion, sexual orientation, details of your physical and mental health, philosophical views, bio-metric and genetic data etc.

For the work we do we may request personal data from you to perform standard identification checks. However, in some cases there may be a requirement for more sensitive data. These two forms of data will be treated in conjunction with the GDPR guidelines.

SOURCES OF INFORMATION

The information that we obtain from and about you can be obtained through a range of different sources; including:-

-You may volunteer the information about yourself, either verbally, by filling in forms, physically providing information and/or on our site or social media networks.

– If you have authority to do so, you may provide information about someone else.

– A third party may provide the information, for example; a bank or building society, panel providers, estate agents, medical or financial institutions etc.

WHY WE NEED THE INFORMATION

The main reason for us asking you for your personal information is so to carry out your instructions, which in most cases will be to represent you and carry out legal work. We will only ask for what we need. And will adhere to GDPR rules of transparency.

You do not have to provide information to us however we may not be able to provide the services you have requested if you do not provide us with all or part of the information we have requested. We will not request more information than we require.

If you are acting in your capacity of Power of Attorney or otherwise acting on someone else’s behalf we also process the data relating to that person. You warrant that you have authority to provide such information to us.

WHAT IS THE INFORMATION USED FOR?

A few reasons for why we would use the information you have provided are as follows: –

  • Verifying your identification
  • Verifying sources of funds
  • Communication with you
  • To establish funding of your matter or transaction
  • Obtaining insurance policies on your behalf
  • Processing and completing a legal transaction
  • Providing you with advice on your situation
  • Carrying out litigation on your behalf
  • Preparing documentation for you
  • Keeping financial records for you
  • Seeking advice from third parties
  • Prevent and detect crime, fraud or corruption
  • Responding to a complaint or allegation of negligence against us

WHO HAS ACCESS TO IT

We have various data protection processes in place to ensure that the firm is adhering to the GDPR and to oversee the effectiveness and secure processing of your personal data. Any staff with access to your information have a duty of confidentiality under the ethical standards that this firm is required to follow.

We will not sell or rent your information to third parties and will not share your information to third parties unless we have your permission or are required to do so by Law.

Generally, we will only use your information within the firm. However, there may be circumstances whereby, in order to carry out the work which we have been instructed to do, we will disclose relevant information to third parties; some of which include: –

  • HM Land Registry
  • HM Revenue & Customs
  • Court & Tribunal
  • Solicitors acting on the other side
  • Asking an independent Barrister or Counsel for advice; or to represent you
  • Non-Legal experts to obtain advice or assistance
  • Translational Agencies
  • Contracted Suppliers
  • External auditors or Regulator
  • Bank or Building Society; or other financial institution
  • Insurance Companies
  • Providers of identification verification
  • Any disclosure required by law or regulation
  • If there is any emergency and we think that you or others are at risk

In the event that any of your information is shared with any of the above mentioned third parties, we ensure you that they comply strictly and confidentially with our instructions and they do not use your personal information for their own purposes unless you have explicitly consented to them doing so.

In some cases, we will require your consent to disclose your personal data to a third party. If this is the case we will contact you separately to ask for your consent, of which you are free and able to withdraw from at any time.

HOW DO WE PROTECT YOUR DATA?

We understand that your information is valuable and therefore it is our responsibility to ensure that we are taking the appropriate steps to protect and store this data whilst it is in our care.

As a company we have high standards of technology and operational security to protect any confidential information stored from loss, misuse, alteration or destruction. We work hard to ensure that all personal data is handled and processed in accordance with our data protection policy.

For our computers we use computer safeguards such as firewalls and data encryption and annual penetration testing. For physical storage we have a range of physical access controls and barriers to keep physical data which we store secure.

HOW LONG DO WE STORE YOUR DATA?

Your personal data will be retained. This may be through computer storage facilities and/or physical storage facilities. Your information will be kept for a length of time for any of the given reasons: –

  •  As long as necessary to complete the work for which we have been instructed.
  • For a minimum of 6 years from the closure/conclusion of work; this is in case the matter needs to be reopened or in case there are any complaints or claims raised.
  • For the duration of a Trust.
  • Probate matters where there is a surviving spouse or civil partner which is to be retained until the survivor has died in order to deal with their ransferable Inheritance allowance.
  • Wills and related documents will be indefinitely unless otherwise requested by you.
  • Deeds relating to unregistered property will be kept indefinitely unless otherwise requested by you.

Your data will not be retained for longer than required.

WHAT ARE YOUR RIGHTS?

Under General Data Protection Regulations, you are entitled, at any point, to access your personal data. If you wish to make a request, please do so in writing. A request for access to the personal data which we hold will entitle you to a description of what we are holding, why we are holding it, who it could be disclosed to and to provide you with a copy if requested. We reserve the right to make an administrative charge if copies are requested.

It is also within your rights to rectify any mistakes in the data we hold, to object or erase any data that we hold (with a legitimate reason) and also to restrict the processing of data.

COMPLAINTS ABOUT THE USE OF PERSONAL DATA

If you wish to raise a complaint on how we have handled your personal data you can contact our Data Protection liaison who will investigate further. Our Data Protection liaison is Alison Hill and you can contact her on alison.hill@burnands.co.uk or at the office in which she is based; 4/5 Aldsworth Parade, Goring by Sea, West Sussex, BN12 4UA.
If you are still not satisfied with our response or believe we are not processing your personal data in accordance with the law, you can forward you complaint to the Information Commissioners Office (ICO).

Any questions regarding this notice and our privacy practices please do not hesitate to contact our Data Protection liaison, Alison Hill.