This Notice sets out how we look after your personal data when you visit our website (wherever you are located) and about your privacy rights and how data laws protect your rights.
INTRODUCTION Higgins Miller Solicitors Ltd (HMSL) respects your privacy and is committed to protecting your personal data. This privacy notice will tell you how we look after your personal data when you visit this website (wherever you are located) and tell you about your privacy rights and how the data law protects your rights.
IMPORTANT INFORMATION Purpose This notice gives you information about how we collect and process your personal data when you use our website. We use the word process in this policy to cover all the different ways in which we handle your personal data, such as collection, use, storage and transfer. Please note that this website is not intended for children.
Data controller HMSL (referred to as we, our, us in this privacy notice) is a controller of data. In other words, we decide when, why and how to process personal data and we are responsible for looking after it and protecting your rights.
Contact details Our contact details are: Higgins Miller Solicitors Limited registration number: 7335811. Registered office: 49 Middle Hillgate, Stockport, SK1 3DL. If you have any questions about this privacy notice or need to contact us about your legal privacy rights, please contact [email protected] If you have a complaint about your privacy rights you can make a complaint at any time to the Information Commissioner’s Office (ICO) at www.ico.org.uk. However, before doing so we would appreciate the opportunity to deal with your complaint first. Privacy notice changes
Please tell us if your personal data changes during your relationship with us because it is important that the personal data we hold about you is accurate and current.
Links to other websites Our website includes a number of links to 3rd party websites, plug-ins and applications. By clicking on these links it may allow 3rd parties to collect or share data about you. We do not control these 3rd parties and cannot be responsible for how they use and process personal data. Therefore you should read the 3rd party privacy notices before agreeing to them processing your personal data.
THE DATA WE COLLECT Personal data means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data). We may process different kinds of personal data about you which we have grouped together as follows::
• Contact Data includes address, email address and telephone numbers.
• Identity Data includes name(s), date of birth and gender.
• Marketing and Communications Data includes your preferences in receiving marketing from us and your communication preferences.
• Profile Data includes, your interests, preferences, feedback and survey responses.
• Service Data includes your username and password, security questions, and identifiers and metadata specific to you.
• Support Data includes information passing between you and support teams in connection with the provision of services you have requested.
• Technical Data includes internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
• Template Data includes information you enter when completing our automated legal document templates.
• Transaction Data includes details about payments to and from you and details of products and services you have purchased from us
• Usage Data includes information about how you use our website, your session activity, and how you use our products and services.
• Financial data – When you purchase a product or service on this website, the payment is processed by a payment gateway service. We do not store your financial data, such as bank account and payment card details.
• Aggregated data – We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
• Special category data – When you complete some of our automated legal document templates, you may have to, or choose to, provide Special Categories of Personal Data about yourself in order to complete your document fully. Special Categories of Personal Data include details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data. For example, when you use one of our templates to make a will, you will be asked about your capacity to sign. In these cases, you will be asked to consent to us processing this kind of information about you (for the purpose only of creating your document) before being asked to provide it. If you do not give your consent, you may not be able to complete your document. Otherwise, we do not collect any Special Categories of Personal Data about you. Nor do we collect any information about criminal convictions and offences. If you fail to provide personal data Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with products or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
HOW IS YOUR PERSONAL DATA COLLECTED? We use different methods to collect data from and about you including through:
- Direct interactions – You may give us your personal data by filling in forms on this website; by corresponding with us by post, phone, email or otherwise; or when entering information to create a legal document. This includes personal data you provide when you:
• Create an account on our website; • Purchase a product or service; • Subscribe to a service; • Use our products or services; • Request marketing or our publications to be sent to you; • Enter a competition, promotion or survey; or • Give us some feedback.
- Automated technologies or interactions – As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns and Usage Data about how you use our products and services. We collect this personal data by using cookies, server logs and other similar technologies. Please see our cookie notice for further information.
- Third parties – We may receive Technical and Usage Data from analytics providers such as Google based outside the EU.
HOW WE USE YOUR PERSONAL DATA. We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
• Where we need to perform the contract we are about to enter into or have entered into with you. Performance of Contract means processing your personal data where it is necessary for the performance of a contract that we have with you or to take steps at your request before entering into such a contract.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. Legitimate Interests means our interests in developing our business, products and services; protecting our business; and managing it efficiently. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us
• Where we need to comply with a legal or regulatory obligation. Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
• We may share Template Data that you give to us when completing one of our automated legal document templates with third parties so that they can provide a service that you have requested. For example, when you create a document on this website, we may offer the facility for you to request that the document be reviewed by a lawyer of your choice. If you request this review service, using technology that we have developed (Online by Invitation), the lawyer can be given online access to your electronic document file, and the associated questionnaire that you completed, so that the lawyer may undertake the requested review. This technology may be used in other circumstances, but it will only ever be used to share your document with a third party so that the third party can provide a service that you have requested. We rely on consent as a legal ground for processing your personal data in this way.
• We also rely on consent as a legal ground for processing your personal data in relation to sending direct marketing communications to you via email or text message or sending service related legal bulletins to you by email. You have the right to withdraw your consent to receive such communications or bulletins at any time. You can do this by contacting us. Generally, however, we do not rely on consent as a legal ground for processing your personal data except in the circumstances described above.
Purposes for which we will use your personal data We have set out below a description of all the ways we plan to use your personal data, and which of the legal grounds we rely on to do so. We have also identified what our legitimate interests are where appropriate. Please note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out below.
||Legal ground for processing and (where applicable) nature of legitimate interest|
|To create , validate and (if necessary) recover an account for you, we will process Contact Data and Identity Data||Performance of a contract with you|
|To perform checks for conflicts of interest and money laundering, we will process Contact Data and Identity Data||Necessary to comply with a legal obligation|
|To provide or perform the product or service you have requested, we will process Contact Data, Identity Data, Service Data, Support Data and Template Data.||(1) Performance of a contract with you. (2) Where this involves processing Special Categories of Personal Data, we will obtain your explicit consent|
|To share Template Data with third parties at your request using the Online by Invitation Functionality.||Consent|
|To manage payments, we will process Contact Data, Identity Data, Service Data and Transaction Data.||Performance of a contract with you.|
|To collect and recover money owed to us, we will process Contact Data, Identity Data, Service Data and Transaction Data||Necessary for our legitimate interests (to recover debts due to us).|
|To be able to respond to or defend complaints and claims, we will process Contact Data, Identity Data, Support Data, Template Data, Transaction Data and Usage Data||Necessary for our legitimate interests (to protect our business).|
|To send service communications to you and to tell you about changes to our terms, we will process Contact Data, Identity Data and Service Data.||Performance of a contract with you.|
|To send marketing communications and legal bulletins to you by email or text message, we will process Contact Data, Identity Data and Marketing and Communications Data||Consent|
|To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data), we will process Contact Data, Identity Data, Service Data and Technical Data||1) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise). |
(2) Necessary to comply with a legal obligation.
You may receive marketing communications from us if you have requested information from us or purchased products or services from us or if you provided us with your details when you entered a competition or registered for a promotion and, in each case, you have not opted out of receiving that marketing.
We do not share your personal data with any outside company for marketing purposes.
You can ask us to stop sending you marketing messages at any time by contacting us at any time.
When we provide services, we want to make them easy, useful and reliable. This sometimes involves placing small amounts of information on your computer. These are called ‘cookies’. These cookies are used to improve services for you through:
• Letting you navigate between pages efficiently
• Enabling a service to recognise your computer so you don’t have to give the same information during one task
• Recognising that you have already given a username and password so you don’t need to enter it for every web page requested
• Measuring how many people are using services, so they can be made easier to use and that there is enough capacity to ensure they are fast * You can learn more about cookies from AllAboutCookies.org or www.youronlinechoices.eu.
Users typically have the opportunity to set their browser to accept all or some cookies, to notify them when a cookie is issued, or not to receive cookies at any time. The last of these, of course, means that personalised services cannot be provided and the user may not be able to take full advantage of all of a website’s features. Refer to your browser’s Help section for specific guidance on how it allows you to manage cookies and how you may delete cookies you wish to remove from your computer. Multiple cookies may be found in a single file depending on which browser you use. The cookies used on this website have been categorised as follows:
• Category 1: strictly necessary cookies – These cookies are essential in order to enable you to move around the website and use its features, such as accessing secure areas of the website. Without these cookies services you have asked for, like shopping baskets or e-billing, cannot be provided
• Category 2: performance cookies – These cookies collect information about how visitors use a website, for instance which pages visitors go to most often, and if they get error messages from web pages. These cookies don’t collect information that identifies a visitor. All information these cookies collect is aggregated and therefore anonymous. It is only used to improve how a website works.
• Category 3: functionality cookies – These cookies allow the website to remember choices you make (such as your user name, language or the region you are in) and provide enhanced, more personal features. For instance, a website may be able to provide you with local weather reports or traffic news by storing in a cookie the region in which you are currently located. These cookies can also be used to remember changes you have made to text size, fonts and other parts of web pages that you can customise. They may also be used to provide services you have asked for such as a live chat session. The information these cookies collect may be anonymised and they cannot track your browsing activity on other websites. By using this website and/or by registering for a user account, you agree that we can place these types of cookies on your device.
Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal ground which allows us to do so. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
DISCLOSURES OF YOUR PERSONAL DATA We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above:
• Professional advisers including solicitor agents, barristers, bankers, auditors and insurers based in the UK who provide consultancy, banking, legal, insurance and accounting services.
• HM Revenue & Customs, regulators and other authorities based in the UK who require reporting of processing activities in certain circumstances.
• Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.
Our service providers are based in the UK, the Republic of Ireland and EU, who provide IT and system administration services. We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
We do not transfer your personal data outside the European Economic Area (EEA)
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
How long will you use my personal data for? – We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements. Details of retention periods for different aspects of your personal data are available in our retention policy which you can request from us by contacting us. In some circumstances you can ask us to delete your data: see below for further information. YOUR LEGAL RIGHTS Under certain circumstances, you have rights under data protection laws in relation to your personal data. You have the right to:
• Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
• Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
• Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request for erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
• Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
• Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following situations: if you want us to establish the data’s accuracy; where our use of the data is unlawful but you do not want us to erase it; where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
• Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
• Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent. If you wish to exercise any of the rights set out above, please contact us.
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.