null image
Privacy Policy.

ELLIOT MATHER LLP

PRIVACY POLICY

The purpose of this policy is to explain when and why we collect personal information from you, how we use it, when and why we might share it with others, how we will keep it secure and how long we will retain the information for.  

Overview

Elliot Mather Solicitors is a limit liability partnership authorised and regulated by the Solicitors Regulatory Authority.   We have systems in place to ensure that we are compliant with the General Data Protection Regulation 2018 (GDPR) and other applicable Data Protection Legislation.  

Under the GDPR we are a “data controller” in relation to the personal information you provide to us.  

Our Data Protection Officer (DPO) is Alan Grant who can be contacted by e-mail on alan.grant@elliotmather.co.uk if required.  

What is Data?

The Regulations define data as information that identifies an individual, company or group.

The exact information we will request from you will depend on what you have asked us to do and the nature of the contract between us.   There are generally two types of personal data that we may ask you to provide to us:-

  1. Personal Data – e.g. name, address, date of birth, contact details, financial information etc. 
  2. Sensitive Personal Data - This is more sensitive information and may include your race or ethnic origin, religion, sexual orientation, political views, trade union membership etc.  

In the majority of cases personal data will be restricted to basic information or any information needed to complete ID checks.   However some of the work we undertake may require us to ask you for more sensitive information.  

The majority of the information we collect will come directly from you however information may be passed to us by third parties in order that we can properly undertake legal work on your behalf.   Depending on the type of matter these organisations could be a bank or building society, the Crown Prosecution Service, medical or financial institutions or organisations that have referred work to us.  

Why will we request data from you and who will use it?

The main reason we will ask you to provide us with your personal data is to enable us to carry out the legal work you have asked us to do.   This will include amongst other things:-

  • Verifying your identity.
  • Communicating with you.
  • Undertaking your legal transaction by providing advice.
  • Carrying out litigation on your behalf.
  • Attending court hearings on your behalf.
  • Preparation of documentation necessary to complete your transaction.  
  • Maintaining financial records.
  • Seeking advice from third party e.g. experts or insurance companies.
  • Dealing with any complaint or allegation of negligence against us.  

Your information will generally be used to carry out legal work within Elliot Mather LLP.   There may be occasions when we need to disclose some information to third parties including:-

  • HM Land Registry
  • HM Revenue and Customs
  • Legal Aid Agency
  • Court or Tribunals
  • Solicitors acting on the other side
  • An Independent Barrister
  • Medical Experts
  • Translation Services

Where there is a need to share your information, we will ensure that any third party used complies with the regime in respect of Data Protection and that they will only use your personal information strictly in accordance with our instructions.

How will we look after your data?

We do recognise that the information you provide us with is valuable and we will take all reasonable steps to ensure that it is protected whilst in our possession.   In relation to digital information we have high standards of technology and operational security in place to protect personally identifiable data from loss, misuse, alteration or destruction.   We use computer safe guards such as file walls and data encryption and where possible and appropriate physically restrict those that have access to your data.  

In relation to hardcopy files, again we have systems in place to ensure they are kept safe and only visible and accessed by those involved in carrying out your instructions.  

How long will we retain your data?

Your personal information will be retained in digital and/or hardcopy form only for as long as is necessary to fulfil the purposes for which the information was collected or as required by law.  

Your information will initially be retained for as long as is necessary to carry out and complete your legal work.  

From there files will be retained for a minimum of six years in case you, or we, need to re-open your case for the purposes of defending complaints or claims against us.   Thereafter, the position will depend very much on the type of work undertaken on your behalf during which the information was obtained.  

Certain types of matters will require us to retain your information for much longer periods. Examples of these are:

  • If your matter involves the creation of a trust then your file will be retained for the duration of that trust. 
  • In a probate matter where there is a surviving spouse or civil partner, your file may be retained until the survivor has died in order to deal with any transferrable inheritance tax allowance.  
  • Some matters, including commercial transactions or financial/maintenance agreements in matrimonial matters may be kept for longer periods.  
  • Wills and related documents may be kept indefinitely along with deeds relating to unregistered land.  

You will be provided with more detailed information about this at the point that your matter is finished and your file closed.  

Your Rights under GDPR

Under GDPR you are entitled to access your personal data under a ‘right to access request’.   If you wish to make such a request then please do so in writing addressed to our Data Protection Officer, Alan Grant at our Chesterfield Office, St Mary’s Court, St Mary’s Gate, Chesterfield S41 7TD.

A request for access to your personal data means you are entitled to a copy of the data which we hold about you but it does not mean you are entitled to the documents that contain this data.   In addition to the right to access your data, depending on the circumstances, you may have the following additional rights:-

  1. The right to be informed – the purpose of this privacy notice is to satisfy that right so you know exactly how we are proposing to use your personal data.
  2. The right to rectification.  You can contact us to have your personal data rectified if you believe it is inaccurate or incomplete.  
  3. The right to be forgotten.  You have the right to request the deletion or removal of your personal date where there is no longer a compelling reason for its continual processing.  However, this right cannot apply where the personal data is still necessary in regards to the purpose for which it was originally collected or due to another lawful basis under the GDPR.  

If you have consented to allow us to retain your data and that is the only lawful basis for continuing to hold the information then you can withdraw your consent at any time. 

We may use your personal data that we have collected in accordance with this privacy policy to contact you about products, services or events etc. which we feel may interest you.  This direct marketing communication may be via social media, e-mail, SMS or post.

Whenever we collect your personal information you will be provided with the opportunity to opt in to receiving marketing communications from us.  

If at any time you do not wish us to continue to contact you you can either follow the unsubscribe instructions on any of our communications to you or contact us by e-mail requesting that your details are removed from our marketing database.   Once unsubscribed, you may still receive communication from us regarding your legal case if that is still ongoing.  

Children and Young People

Our website and services are not aimed specifically at children because in most legal work children are represented by their parent or guardian.   

There will however be occasions when a person under the age of 18 years is in law able to instruct us directly.  

If you are a child or young person accessing our services directly, then the provisions of this Privacy Policy will apply to you in exactly the same way in these circumstances but we are happy to discuss this with you and explain the provisions in a way more appropriate to your age and understanding.   

Complaints & Questions

If you wish to make a complaint about how we have handled your personal data then you should do so through our Data Protection Officer who will investigate further.   If you are not satisfied with our response or believe that we are not processing your personal data in accordance with the law, you can complain to the Information Commissioners Office

Any questions regarding this notice should be sent by e-mail to alan.grant@elliotmather.co.uk.

Latest News
22 November 2018
Employee suffering from anxiety awarded £52,269 by an employment tribunal
07 November 2018
Contrasting Tribunal decisions
24 October 2018
Case report Price v Axis
Tick here if you would prefer to be contacted by post
Where did you hear about us?
Enter the code shown above