In accordance with the General Data Protection Regulations and the Data Protection Act 2018 (GDPR)

  1. What is the GDPR

The GDPR is new legislation designed to give you more control over, knowledge of, and access to, the data that organisations hold for you and the way that data is used and stored.

  1. Who we are

We are Ellen Fay Solicitors of 50C Liverpool Road, Penwortham, Preston PR1 0DQ.  We are regulated by the Solicitors Regulation Authority under number 567271.  We provide legal services to our clients in accordance with their instructions.  In addition, we raise awareness of specific private client law issues to various organisations, business contacts, and the wider community.  We carry out business development tasks and maintain relationships with professionals working in related areas.  We do pro bono work and provide support for our local area.

For the purposes of the GDPR, Ellen Fay Solicitors is the data controller and processer.  Any queries may be addressed in the first instance to Ellen Fay using the contact details below.  We are registered with the Information Commissioner’s Office under registration number Z3146352.   We are:

  1. Ways we collect your data

We collect data in a variety of ways, i.e.:

  • from you directly, either in person, via telephone call, email or post;
  • from other parties involved in the matter, for example Executors, Attorneys, Trustees, Beneficiaries, Settlors or parties to court proceedings;
  • from other professionals either by way of initial referral or during the course of a matter, for example other solicitors, financial advisers, medical professionals, social workers, accountants; and
  • from other organisations, for example the courts, Office of the Public Guardian, banks, building societies, Department of Work and Pensions, HMRC, Land Registry, NHS, General Register Office, National Insolvency Register and web searches at various organisations
  1. Data we collect

Examples of the kind of data we may collect are as follows:

  • Personal information eg name, address, telephone numbers, date of birth, employment/business information;
  • Details about your family, eg children, grandchildren, siblings, parents, spouses and ex-spouses;
  • Financial information (where appropriate) eg property values, bank account balances, investment valuations, income information, and related account/reference numbers, HMRC records;
  • Personal documentation for example original Wills, Lasting Powers of Attorney, trust documents, identification documents (passport, driving licence etc); and
  • Special Category Data such as health information (where appropriate) about your current physical and/or mental health, medical records, details of diagnoses, religion, sexual orientation
  1. Purpose of and legal basis for collection of your personal data

We are required to advise you of the legal basis upon which we are collecting and holding your personal data.  The legal bases upon which we hold personal data are as follows:

  • Contract – where you have instructed us, we will collect, hold and process data provided by you on the basis of a contract between you and Ellen Fay Solicitors to provide legal services to you. We will hold and process the data for the purpose of the provision of legal services and to update and maintain client records.   We may also need to share your personal data with third parties in order to deliver the legal services that we have agreed to provide you.  Such third parties could be barristers, experts, accountants or public organisations such as the courts, HMRC or the Land Registry.  We will always seek your permission before we share your information with any such third parties.  If you fail to provide the necessary information that we require for providing legal services to you, or you do not wish us to share that information with the relevant third parties, please be aware that this may mean that we are unable to perform the legal services that you have asked us to provide for you.
  • Legitimate Interests – where there is no contract to provide legal services, we may collect, hold and process your personal data for the purpose of the legitimate interests of both you and/or our business. This may be because you are a potential client who has made an initial enquiry to us and we need to hold and process your information in order to deal with that enquiry.  You may be a party to any matter involving one of our clients and we need to hold and process your information in order to provide legal services to our clients.  We may hold your information if you are a professional who we have dealt with during the course of providing legal services to our clients, and/or clients have been referred to or from you.  We may also need to hold and process your data in order to meet our compliance requirements for various regulatory bodies, to achieve and maintain professional accreditations which allow us to deliver legal services, to undertake analysis to help us manage our practice, or to deal with any complaints, claims or disputes.  We will only hold such information for as long as there is a legitimate interest in holding and processing that information.  We will only use the data for the purposes that you would reasonably expect us to.
  • Compliance with our legal obligations – we may need to hold, process and share your data in order to comply with legal obligations such as compliance with a court order, enquiries from the Probate Registry or Office of the Public Guardian, investigations by the SRA, Legal Services Ombudsman, Information Commissioner’s Office. We may also need to hold, process and share your data in order to perform our required external audits, to set up and maintain our accounts package and IT systems.  We will not share your data with any third parties without considering that it is absolutely necessary to do so in order to fulfil our regulatory requirements or provide our legal services.
  • Consent – we may ask for your specific consent in order to hold your personal information for marketing purposes. This could be for example to advise you of future changes in the law that might be relevant to you or to offer you other legal services that we provide.  At the conclusion of your matter we will ask you to explicitly confirm whether you would like to continue to hear from us in this regard.  If you give your consent to this, you are able to withdraw your consent at any time by notifying us in writing.  We will also write to you on a six monthly basis to remind you that you have given your consent to us holding your details for this purpose and that you may withdraw your consent at any time.  You will only need to respond if you do wish to withdraw your consent.   We will never hold special category data for the purposes of marketing.
  • Special category data – Where special category data is held, we will normally hold this on the legal basis of either a contract with you to provide legal services to you, or on the basis of the legitimate interests of either you or the business, and on the additional basis of either your explicit consent, or to protect your vital interests, or the vital interests of another person who is incapable of giving their consent.
  1. Confidentiality

We are professionally and legally obliged to keep your affairs confidential. However, solicitors may be required by statute to make a disclosure to the Serious Organised Crime Agency where they know or suspect that a transaction may involve money laundering 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 have to stop working on your matter for a period of time and may not be able to tell you why. Our duties under the Act take precedence over all our professional and contractual obligations to you. Accordingly, by instructing us you accept that we will not be liable for any loss you may suffer because we have made a report under the Act and/or have ceased work while we await authority to proceed.

  1. Retention of data

After completing the work, we will be entitled to keep all your papers and documents while there is still money owed to us for fees and expenses.

We will keep original documentation placed in safe custody either on office premises or in secure off site premises indefinitely unless you request the original to be released to you.  We will keep our file of papers either at the office premises or stored in our secure file storage location for at least 7 years and sometimes longer, except those papers that you ask to be returned to you.  Files will then be destroyed at the relevant destruction date which will be no less than 7 years. We will not destroy documents you ask us to deposit in safe custody. On conclusion of your matter we will review the file and supporting documents so that the most important material is kept.  Please speak to the fee earner dealing with your matter if you require more information about this.

If we take papers or documents out of storage in relation to continuing or new instructions to act for you, we will not normally charge for such retrieval. However we may charge you both for the time spent producing stored papers that are requested, reading, correspondence or other work necessary to comply with your instruction in relation to the retrieved papers.

  1. Your rights

You have a right of access to check your personal data to verify the lawful basis of processing. We are obliged to respond to an access request within 30 days and may not charge a fee unless the request is unfounded, excessive or repetitive. If a fee is charged it is to be a reasonable fee based upon the administrative cost of providing the information.

You have a right to rectification if the data we hold is either inaccurate or incomplete. If your data has been disclosed to third parties then we must inform them of the rectification, where possible.

You have a right to require erasure of your data when consent is our basis of processing (the right to be forgotten). You may request that your personal data be erased, for example, where there is no compelling reason for its continued processing or where you withdraw consent. We will comply with your request unless we have another basis of processing justifying our retaining the data (for example a legal requirement or the defence of a legal claim).

You have some rights to ask us to restrict processing i.e. to block or supress processing where, for example, the data may be incorrect and whilst the accuracy is verified. We are permitted to store the data.

  1. Your right to object

You do have a right to object to further processing of your personal data. We may be required to stop processing unless there is some other legitimate basis of processing such as a legitimate interest or a requirement for the exercise or defence of a legal claim.

  1. Withdrawal of consent

Where the lawful basis for processing is your consent, you may withdraw consent at any time by writing to Ellen Fay at Ellen Fay Solicitors, 50C Liverpool Road, Penwortham, Preston PR1 0DQ.

  1. How to lodge a complaint with the supervisory authority

The supervisory authority responsible for data protection is the Information Commissioners Office (ICO) to whom concerns may be reported by phone on 0303 123 1113 or +44 1625 545 745 if calling from outside the UK, by email using the form on the website or the livechat function.

What information we hold:

Your email address, phone number and enquiry preferences when you sign up to our email alerts, and how you use our mails – for example whether you open them and which links you click on.
Information on how you use the site, using cookies and page tagging techniques.

This data can be viewed by authorised people at this website to:

  • Improve the site by monitoring how you use it
  • Gather feedback to improve our services, for example our email alerts
  • Respond to any feedback you send us, if you’ve asked us to
  • Send email alerts to users who request them
  • Provide you with information about our services if you want it

Where your data is stored

We store your data on secure servers.

Keeping your data secure

Sending information over the internet is generally not completely secure, and we can’t guarantee the security of your data while it’s in transit.
Any data you send is at your own risk.

We have procedures and security features in place to keep your data secure once we receive it.
Please note that after a reasonable time length your data will be wiped from our server.

Disclosing your information

We may pass on your personal information if we have a legal obligation to do so, or if we have to enforce or apply our terms of use and other agreements.

We won’t share your information with any other organisations for marketing, market research or commercial purposes, and we don’t pass on your details to other websites.

Your rights

If you’ve signed up for email alerts, you can unsubscribe by selecting the ‘opt out’ checkbox in the footer of the this website.

Links to other websites

This website contains links to other websites.

Following a link to this website from another website

If you come to this website from another website, we may receive information from the other website. We don’t use this data. You should read the privacy policy of the website you came from to find out more about this.

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