Privacy Policy

Privacy Notice

LKW Solicitors (the Firm) is committed to protecting the privacy of your personal information. For the purpose of applicable data protection law, including the Data Protection Act 1998 and, from its entry into force on 25 May 2018, the General Data Protection Regulation (Regulation (EU) 2016/679) (together, DP Law), the Firm is the data controller. You will see the Firm referred to as LKW Solicitors on the site.

Our Privacy Notice explains what we do with any personal information which we collect from you, including when you use our website and when you interact with us in other ways offline, for example face to face, by post, during telephone, fax or by email. If you have any questions regarding our Privacy Notice, please contact us at LKW Solicitors, 414 Cathcart Road, Glasgow, G42 7BZ. Further details of this address with contact details are provided on our website under CONTACTS, www.lkwsolicitors.co.uk

This Privacy Notice explains how we collect, use and disclose personal information about you when you visit the site and when you contact us, whether by e-mail, post, fax or telephone using the contact options on the site. The information you provide to us may then be shared within the Firm.

What type of personal information do we collect?

The personal information we collect from you is used primarily to enable us to provide the specific service you require and to help us progress with your legal matter securely.

Personal information can include the following: • your title, forename and surname and gender;

• your personal or work related (depending on which you choose to provide) e-mail address

• your personal or work related contact details (depending on which you chose to provide) such as your telephone number(s), fax numbers , emails and postal address;

• your date of birth and national insurance number;

• your marital status and family details;

• your medical records and financial records;

• your residential status and address details

• Contact details of your emergency contacts

• occupation, salary and annual income information;

• employment status;

• National Insurance Numbers and work history

• employer details and time periods in that occupation and with that employer and any other employers within period;

• your bank details, including your bank name and address, sort code, account number, account type and time period at your bank;

• Your identification documents including passport, driving licence and information in relation to your immigration status or right to remain in the UK

• personal information which we obtain from Fraud Prevention Agencies (see the section on ‘Fraud Prevention Agencies’ below);

• personal information about your family history and background

• details of your children and their dates of birth

• court orders or decisions made publicly available through Courts or Tribunals

• your contact and marketing preferences;

• Your images(whether captured on CCTV, by photograph or video)text messages and detailed of Skype/video calls (if provided by you or your family)

• Your Genetic or biometric data

• Any criminal convictions and offences

• information necessary for legal compliance;

• Any other category of personal data which we may notify you of from time to time.

Personal information also includes special categories of personal data. This is data about your racial or ethnic origin, political opinions, religious or philosophical believes, trade union membership, genetic data, biometric data, and data concerning your health, sex life or sexual orientation.

This information will be collected primarily from you as information voluntarily provided to us, but (as explained above) we may also collect it where lawful to do so from (and combine it with information from) fraud prevention agencies, public sources, third party providers such as tax or law enforcement agencies and other third parties. Also, some of the personal information obtained from Courts or Tribunals will have originated from publicly accessible sources including electoral roll searches or other credit agencies.

The legal basis for our use and other processing of your personal information under DP Law

This will include (as relevant):

• processing your personal information so that we may perform our obligations under a contract for legal services with you (such as may be detailed in our Letter of Engagement with you) and advise you fully

• liase on your behalf with third parties such as Courts, Tribunals, the Scottish Legal Aid Board, Home Office and other third parties in connection with your legal matters

• processing for legitimate interests provided these are not overridden by your interests and fundamental rights and freedoms (this includes our own legitimate interests). For example, this is relevant when we use and process your personal data to deal with our legal and regulatory and internal governance obligations;

• processing which is necessary for compliance with our legal obligations laid down by European Union law (where relevant) and by Scottish Laws applicable to us in the United Kingdom (“Our Legal Obligations”).

• Your consent may also be a lawful reason for processing your personal data in certain cases (“Your Consent”). This means your freely given, specific, informed and unambiguous consent which may be collected from you, for instance: when you agree to receive marketing communications from us or when you agree to take part in surveys or market research (as relevant). You should be aware that you are entitled under DP Law to withdraw your consent where you have given it to us at any time. If you do this and if there is no alternative lawful reason for us to rely on to justify our use or other processing on your personal data, this may affect our ability to provide you with some of our services.

In summary, we need certain categories of personal data in order to provide you with our services. Certain other personal data is processed for our Legitimate Interests in cases where this does not result in prejudice to you. Certain other personal data is processed based on a consent.

How we process your personal Data:

How will we process your personal data?

* At LKW Solicitors we will process your personal data (including special categories of personal data) in accordance with our obligations under the 2018 Act.

We will use your personal data:

• First and foremost, to carry out your instructions and to work in your best interests.

• We record the data in physical files and store them in the Filing cabinets (compliant with the Law Society of Scotland)

• We also store the information in the electronic files securely shared on a local network accessible to other computers only within the premises.

• A copy of that data is also uploaded in the Cloud for storage and recovery purposes.

• This information will be accessible to legal personnel at LKW Solicitors who have given their separate undertaking to meet their obligations under the GDPR.

• The information may be shared via secured email or post with Solicitors, Advocates and relevant government departments / institutions on need to know basis. In all data processing, we seek assurance that your data will be safe with that third party.

• Once the information is received from third party, that information is relayed to you or your designated person.

• We will use your personal data strictly and only for the purpose for which we are instructed to bring about a resolution of your claim which may be resolved in courts or Tribunals in the UK.

• We will not use your personal data for any unrelated purpose whatsoever without telling you about it and the legal basis that we intend to rely on for processing it.

• If you choose not to provide us with certain personal data you should be aware that we may not be able to carry out the work you have asked us to do.

We will NOT use your personal data:

• For profiling; Marketing; selling it; sharing with data houses.

What other personal information do we collect and why?

In this section we explain the personal information we collect from you when you interact with us online and offline. Where we explain why we use this information, we have also referred to the relevant legal basis which we consider applies to the processing, as explained in the section above. Presenting the information in this way will make it easier for you to understand your rights in relation to your personal information, and this is explained further below in the sections headed “Your rights to access your personal information” and “Your rights under DP Law”.

Our Legal Obligations and/or Legitimate Interests

• we may record phone conversations to offer you additional security, resolve complaints, for staff training purposes and to improve our service standards;

Your Contact and/or Legitimate Interests

• seek advice on any legal matters including family law, immigration issues any other legal advice and assistance service which we may provide

Your Consent

• be notified of services that may be of interest to you (based on information you have given to us already)

How we use your personal information

We have explained below the purposes for which we may use information about you. As with the section above, we have explained why we use your information with reference to the relevant legal basis. Presenting the information in this way will make it easier for you to understand your rights in relation to your personal information, and this is explained further below in the sections headed “Your rights to access your personal information” and “Your rights under DP Law”:

We may use your personal information for the following Legitimate interests:

• to respond and/or deal with your request, enquiry or questions;

• to process and progress your legal matters

• to improve our service and to ensure that your files are maintained

• for internal record keeping;

• to contact you (directly, either by the Firm or through a relevant partner or agent) by e-mail or phone for any of the above reasons;

• where necessary as part of any restructuring of the Firm or sale of the Firms’ business or assets;

• to analyse trends and customer journeys in using and accessing our services

Your Contract

• to provide clear instructions and provide any information and documentation requested from you by the Firm to enable us to do the work necessary. Your Consent

• subject to your consent where required under applicable laws, to carry out direct marketing and/or e-mail marketing;

Our Legal Obligations

• where we carry out identity checks, anti-money laundering checks, and checks with Fraud Prevention Agencies, and where we share your personal information with Fraud Prevention Agencies for these purposes;

• monitoring and recording of telephone calls and email communications where necessary for compliance with regulatory rules or self-regulatory practices or procedures relevant to our business, to prevent or detect crime, for quality, training and security purposes; and

• for compliance with our legal, regulatory and other good governance obligations.

This list is not intended to be exhaustive and may be updated from time to time as business needs and legal requirements dictate. Some of the personal information that we maintain will be kept in paper files, while other personal information will be included in computerised files and electronic databases.

Data Anonymisation

We may convert your personal data into statistical or aggregated data in such a way as to ensure that you are not identified or identifiable from that data. We may use this aggregated data to conduct market research and analysis, including to produce statistical research and reports. For example, we may produce reports on which of our legal services are most popular. We may share aggregated data in several ways, including for the same reasons as we might share personal data (see below)..

How long do we keep your personal information for (and the criteria used to determine this)?

Your personal data will not be kept for longer than is necessary to fulfil the specific purposes outlined in this Notice and to allow us to comply with our legal requirements.

The criteria we use to determine data retention periods includes the following:

(i) Retention in case of queries. We may retain it for a reasonable period (up to 6 months) after you have enquired about one of our services in case of follow up queries from you;

(ii) Retention in case of claims. We may retain it for the period in which you might legally bring claims against us (in the UK this means we will retain it for 6 years) if and to the extent this is relevant; and

(iii) Retention in accordance with legal and regulatory requirements. We will consider whether we need to retain your personal data after the period described in (ii) (above) because of a legal or regulatory requirement. Some or all of these criteria may be relevant to retention of your personal data collected in connection with our services.

If you would like further information about our data retention practices please contact us (see below). How do we share your information with fraud prevention agencies?

IDENTITY VERIFICATION AND FRAUD PREVENTION CHECKS

What we process and share for identity and fraud checks

The personal information you have provided, we have collected from you (whether directly or indirectly through our partners and brokers), or which has been received from third parties may include your name, date of birth, home address and address history, contact details such as email address, home and mobile telephone numbers, financial information, employment details, device identification including IP and/or MAC address.

We, and fraud prevention agencies, will use this information to prevent fraud and money laundering, and to verify your identity. We and fraud prevention agencies may also enable law enforcement agencies to access and use your personal information to detect, investigate and prevent crime.

Consequences of processing for identity and fraud checks

As indicated, if we determine that you pose a fraud risk or money laundering risk, we may refuse to act, or continue to act for you. If you would like to know more you can contact the Data Protection Officer at the Fraud Prevention Agencies (for details about what they do) or our Data Protection Officer (for details about what we do).

A record of any fraud or money laundering risk will be retained by the fraud prevention agencies and may result in others refusing to provide services, financing or employment to you. If you have any questions about this, you can contact the appropriate fraud prevention agency using the details provided above.

Data transfers for identity and fraud checks

Some fraud prevention agencies may transfer your personal information outside of the European Economic Area. Where they do, they impose contractual obligations on the recipients of that data. Those obligations require the recipient to protect your personal information to the standard required in the European Economic Area. They may also require the recipient to subscribe to ‘international frameworks’ intended to enable secure data sharing and where the framework is the means of protection for the personal information.

Lawful processing for identity and fraud checks

When we and fraud prevention agencies process your personal information for the checks described in this section, we do so on the basis that we have a legitimate interest in preventing fraud and money laundering, and to verify identity, in order to protect our business and to comply with laws that apply to us. Such processing is also or may also be a contractual requirement in order for us to provide the product you have applied for or to open your account relating to that product.

Your rights in the context of identity and fraud checks

Your personal information is protected by legal rights which include (in the context of the checks described in this section) your rights to object to processing of your personal information, request that your personal information is erased or corrected, or request access to your personal information. If you want to exercise any of these rights, you contact our Data Protection Officer using the details provided and you can also complain to the Information Commissioner’s Office.

Does the Firm share my personal information with third parties?

Your personal information will be made available for the purposes mentioned above (or as otherwise notified to you from time to time), on a ‘need-to-know’ basis and only to responsible legal departments, management, accounting, audit, compliance, information technology and other staff who properly need to know these details for their functions within the Firm.

Your personal information may also be made available to third parties (within or outside the Firm) providing relevant services under contract to the Firm (see below for further details) to help us provide our services to you. Third parties in this context means other legal entities such as providers to this Firm of responsible management, accounting, legal, logistics, audit, compliance, information technology, marketing and other services. This may also include providers of case management systems, IT hosting and IT maintenance services. These companies may use information about you to perform functions on our behalf.

We may disclose specific information upon lawful request by government authorities, law enforcement and regulatory authorities where required or permitted by law and for tax or other purposes. Your personal information may also be made available to third parties or partners where necessary as part of any restructuring of the Firm or sale of the Firm’s business or assets. Personal information may also be released to external parties in response to legal process, and when required to comply with laws, or to enforce our agreements, policies, and terms of use, or to protect the rights, property or safety of the Firm, our employees, agents, and others, as well as to parties to whom you authorise the Firm to release your personal information.

We will not sell your personal information to any third party other than as part of any restructuring of the Firm or sale of a relevant Firm business.

We may disclose specific information about you upon lawful request by HMRC, government authorities, law enforcement and regulatory authorities where required or permitted by law. Personal information may also be released to external parties in response to legal process, and when required to comply with applicable laws and regulations, or to enforce our agreements, corporate policies, and terms of use, or to protect the rights, property or safety of our businesses, our employees, agents, and others, as well as to parties to whom you authorize us to release your personal information.

Will my personal information be transferred abroad?

We have explained above how your personal information may be shared outside of the Firm. As part of this, including for instance where we work with service providers, your personal information may be transferred to countries outside the European Economic Area which don’t have equivalent standards of protection under their legislation and on these occasions we take other steps to protect the data as required under DP Law.

Managing your marketing preferences

We may wish to provide you with information about new products, services, which may be of interest to you. We may also invite you to take part in market research or request feedback on our products and services. This communication may occur by e-mail, telephone, post or SMS. We will seek your consent for this where necessary under DP Law. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data and if you do not wish to consent then please do pay attention to the marketing consent check boxes.

You also have the right to ask us not to process your personal data for marketing purposes at any time. This means you can change your mind about receiving marketing communications from us when you have previously consented to this. You can opt-out of receiving such communications by clicking the “unsubscribe” link on any email that we send to you or by emailing us at contact@lkwsolicitors.co.uk at any time.

Please note that marketing communications are not the same as “information only” communications and that consents are not usually required in order for us to communicate with you about the services you have enquired about or have signed up to obtain through the Websites, using contact details you have provided for this purpose.

Your rights to access your personal information

You have a number of other rights in respect of your personal information under applicable DP Law. These include the right to access or obtain copies of your personal information and to have inaccurate information about you corrected.

To exercise your right to access your personal data please write to our LKW Solicitors, 414 Cathcart Road, Glasgow, G42 7BZ.

Your rights under DP Law

[As well as the right to access the personal information we hold about you, you have a number of other rights in respect of your personal information under DP Law. These may include (as relevant):

• the right to access or obtain copies of your personal information that we hold (see above);

• the right to rectification, including to require us to correct inaccurate personal data;

• the right to request restriction of processing concerning you or to object to processing of your personal data;

• the right to request the erasure of your personal data where it is no longer necessary for us to retain it;

• the right to data portability including to obtain personal data in a commonly used machine readable format in certain circumstances such as where our processing of it is based on your consent;

• the right to object to automated decision making including profiling (if any) that has a legal or significant effect on you as an individual; and

• where you have an option to provide us with your personal data or not in connection with your use of our website or in connection with any of our products or services, you have the right to be informed about the possible consequences of not giving it to us;

• the right to withdraw your consent to any processing for which you have previously given that consent.

Please be aware that all rights will became relevant under the DP Law as from 25 May 2018.

Please contact us at contact@lkwsolicitors.co.uk if you would like to exercise any of your rights explained above in relation to your personal information.

Your right to complain to the data privacy supervisory authority

Without prejudice to any other administrative or judicial remedy you might have, you have the right to lodge a complaint with the UK’s Information Commissioner if you consider that we have infringed applicable data privacy laws when processing your personal data. In the UK the Information Commissioner’s Office can be contacted using the following link: https://ico.org.uk/.

Keeping you informed

We will keep your details on record until we have completely dealt with your request, enquiry or application and then for a reasonable period afterwards, in accordance with data protection and other applicable legislation.

The Firm may keep your details on record for as long as is necessary for the purposes set out above and will then endeavour to delete your details in accordance with data protection and other applicable legislation.

Changes to this Notice

We keep this Notice under regular review. We may change this Notice from time to time by updating this page in order to reflect changes in the law and/or our privacy practices. The date at the bottom of this Notice will be updated accordingly and we encourage you to check this from time to time for any updates or changes. Where you have provided us with your email address, we may also contact you to let you know that we have updated the Notice. We may also take that opportunity to ask you if you would like to update your marketing preferences.

By using our websites, submitting your personal information to us, instructing us to act on your behalf, or interacting with us in other ways, you consent to the use of your personal information as described in this Notice (as amended from time to time).

Contact/address details

If you have any questions about this Notice, please us at LKW Solicitors, 414 Cathcart Road, Glasgow, G42 7BZ. This information is also provided in detail under Contact at our website: www.lkwsolicitors.co.uk

This privacy Notice is dated 25 May 2018 and it is available on our website : www.lkwsolicitors.co.uk

This is version 01 of the Privacy Notice and effective from 25 May 2018