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BACKGROUND:

We, Jones Whyte Law Limited, are the controller of the personal data that we hold about you.  This means that we are legally responsible for how we hold and use personal data about you.  It also means that we are required to comply with data protection laws when holding and using your personal data.  This includes providing you with the details contained within this Notice of how we hold and use your personal data, who we may share it with and your rights in relation to your personal data.

We have appointed a Data Protection Officer (DPO), Gillian Cogan, who ensures we comply with data protection laws.  If you have any questions about this Notice or how we hold or use your personal data, please contact the DPO by: e-mail at gillian.cogan@joneswhyte.co.uk; telephone on 0800-292-2000; or writing to: The Data Protection Officer, Jones Whyte, The Connect Building, 3rd Floor, 59 Bath Street, Glasgow, G2 2DH.

You can contact us by: e-mail at info@joneswhyte.co.uk; telephone on 0800-292-2000; or writing to: Jones Whyte, The Connect Building, 3rd Floor, 59 Bath Street, Glasgow, G2 2DH. We are a Limited Company registered in Scotland Company number SC738324. Our  VAT registration number is 291 1904 05, and we are regulated by the Law Society of Scotland and the Solicitors Regulation Authority

  1. What Are My Rights?

Data protection law gives you the following rights in relation to your personal data that we handle and use about you:

a) The right to be informed about our collection and use of your personal data, which is the purpose of this Notice.

b) The right to access the personal data we hold about you.

c) The right to have your personal data rectified if any of your personal data held by us is inaccurate or incomplete.

d) The right to have your personal data erased, i.e. the right to ask us to delete or otherwise dispose of any of your personal data that we hold.

e) The right to restrict (i.e. prevent or limit) the processing of your personal data.

f) The right to object to us using your personal data for a particular purpose or purposes.

g) The right to withdraw consent. This means that, if we are relying on your consent as the legal basis for using your personal data, you are free to withdraw that consent at any time. If you withdraw consent to us processing personal data which we hold on your behalf, this may delay or prevent us from representing you in your case.

h) The right to data portability. This means that, if you have provided personal data to us directly, we are using it with your consent or for the performance of a contract, and that data is processed using automated means, you can ask us for a copy of that personal data to re-use with another service or business in many cases.  In some circumstances, we can transfer it to the other service or business for you.

i) Rights relating to automated decision-making and profiling. We do not use your personal data in this way

Please contact our DPO if you wish to make any of the above requests.  When you make a request, we may ask you for specific information to help us confirm your identity for security reasons.  You will not need to pay a fee when you make any of the above requests, but we may charge a reasonable fee or refuse to comply if your request for access is clearly unfounded or excessive.  We will respond to your request within one month of receipt, although we may extend this by up to an additional two months for complex requests. It is important that your personal data is kept accurate and up-to-date. If any of the personal data we hold about you changes, please keep us informed as long as we have that data.

If you have any cause for complaint about our use of your personal data, you have the right to lodge a complaint with the ICO. Please contact us before you complain to the ICO, as we would welcome the opportunity to resolve your concerns ourselves. 

The ICO’s contact details are as follows:

Telephone:      0303 123 1113

Website:          https://ico.org.uk/concerns/                           

  • 2. What Personal Data Do You have to Collect and How We Collect About You and Why?

The following table sets out what personal data we collect from you, what we use it for and our legal basis in data protection law for handling and using it.

Data CollectedPurpose of ProcessingOur legal basis for processing the Data Collected
Identity Information including Name, Title, Date of Birth.To allow us to provide you with legal services, deal with your enquiry or correspond with you in relation to your caseNecessary to assist you with any enquiry, progress your case and comply with the legal obligations,   professional rules and regulatory requirements that apply to us in terms of knowing our client
Contact information including Email address, telephone number, residential address, Passport/Driving Licence Number, marital status, National Insurance NumberTo allow us to provide you with legal services, deal with your enquiry or correspond with you in relation to your caseNecessary to assist you with any enquiry, progress your case and comply with the legal obligations,   professional rules and regulatory requirements that apply to us in terms of knowing our client
Business information including business name, job title, salary details and profession  To provide you with legal services and allow this to be used as part of your case/transaction, if requiredNecessary to progress your case and comply with Fraud and Anti Money laundering regulations
Bank account details, savings accounts, bonds  To send/receive payments from you and wind up the estate on executry cases, if requiredNecessary to send or to receive monies from you and to comply with Anti Money Laundering Regulations as well as ingathering for executry cases
GP Details, Insurance details, vehicle registration numberTo provide you with legal services and allow us to handle claims cases on your behalf, if requiredNecessary to assist you with an enquiry or progress your claim case
Payslips or business accountsTo provide you with legal services and allow us to handle your claim/litigation case on your behalf, if requiredNecessary to prove loss of earnings in claims/litigation cases
Special category personal data, including religion, race, ethnicity and sexual orientationTo allow us to use this as evidence in your case, if requiredNecessary for establishment and defence of legal claims

In some circumstances, we may rely on your consent as the legal basis for handling and using your personal data.  By providing us with your personal data and special category personal data (if relevant) and the personal data and special category personal data of other individuals, you:

  • consent to it being used by us as described in this Notice; and
  • confirm that you have informed the other individuals of the content of this Notice and they have provided their consent to their personal data and special category personal data being used by us as described in this Notice.

You and the other individuals have the right to withdraw your consent to us holding and using your and their personal data and special category personal data by contacting us.  Once you / they have withdrawn your/their consent, we will no longer use your their personal data and special category personal data for the purpose(s) set out in this Notice, which you originally agreed to, unless we have another legal basis for doing so.

With your permission and/or where permitted by law, we may also use your personal data for marketing purposes, which may include contacting you by email, telephone, text message or post with information, news, and offers on ourservices.  You will not be sent any unlawful marketing or spam. We will always work to fully protect your rights and comply with our obligations under data protection law, and you will always have the opportunity to opt-out easily from receiving similar future communications from us. We will always obtain your express opt-in consent before sharing your personal data with third parties for marketing purposes and you will be able to opt-out easily from receiving communications from them at any time.

  • 3. How Long Will You Keep My Personal Data?

Wewill not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected. Your personal data will therefore be kept for the following periods in terms of Law Society of Scotland and Solicitors Regulation Authority retention periods.

Type of WorkHow Long do we keep it for
Simple Debt CollectionThe file will be retained until after the period in which the appeal has elapsed
Divorce/Matrimonial mattersThe file will be retained for 5 years are completion or until children have reached majority. Decrees are required to be retained indefinitely. Any enquiry to our firm which does not result in a case at that time will be retained for 20 years in line with Law Society of Scotland conflict of interest guidance
Civil CourtFiles will be retained for 10 years after completion. Any enquiry to our firm which does not result in a case at that time will be retained for 20 years in line with Law Society of Scotland conflict of interest guidance
CriminalIn case of life imprisonment, files will be retained indefinitely
SolemnFiles will be retained for 3 years. Any enquiry to our firm which does not result in a case at that time will be retained for 3 years.
SummaryFiles will be retained for 3 years. Legal Aid Certificates will be retained indefinitely.  Any enquiry to our firm that does not result in a case at that time will be retained for 3 years.
Executries/Probate/Wills/Power of AttorneyFiles will be retained for 20 years after completion of estate. Documentation will be sent to executors upon completion. Confirmation will be retained indefinitely.
Wills/POA will be stored in our Will safe indefinitely. Any enquiry to our firm which does not result in a case at that time will be retained for 3 years.
Continuing TrustsFiles will be retained for 10 years after termination of the Trust. Any enquiry to our firm which does not result in a case at the time will be retained for 2 years
Company workFiles will be retained for 10 years after completion. Any enquiry to our firm which does not result in a case at that time will be retained for 12 months
PurchasesFiles will be retained for 10 years after completion of the purchase. Any enquiry to our firm which does not result in a case at that time, will be retained for 12 months
SalesFiles will be retained for 2 years after completion when the missives cease to be in effect. Any enquiry to our firm which does not result in a case at that time will be retained for 12 months.
Re-Mortgage/Transfer of TitlesFiles will be retained for 6 years following completion of the transaction. Any enquiry to our firm which does not result in a case at that time, will be retained for 12 months
Endowment/Investment businessFiles will be retained until the Policy matures. Any enquiries to our firm which does not result in case at the time, will be retained for 12 months.
Immigration matters/all other correspondenceFiles will be retained for 5 years that do not fall within any of the categories above
  • 4. How and Where Do You Store or Transfer My Personal Data?

We will only store your personal data in the UK.

  • 5. Do You Share My Personal Data?

We will not share any of your personal data with any third parties for any purposes other than where we are required to do so in order to carry out the nature of the work on your behalf or where we are involved in legal proceedings or complying with legal obligations, a court order or the instruction of a government or regulatory authority.  Such organisations include the Law Society of Scotland, the Solicitors Regulation Authority, Department of Work and Pensions, HMRC, Scottish and UK courts, Registers of Scotland, local authorities and the organisations that provide and maintain our document and case management systems.  We will ensure that we have a legal basis in data protection law to justify the sharing of your personal data for these purposes.

  • 6. Changes to this Notice

We may change this Notice from time to time. This may be necessary, for example, if the law changes, or if wechangeour business in a way that affects personal data protection.  We will notify you of any changes where we are required to do so by law.

Copyright © Jones Whyte 2024 | SC738324 | All Rights Reserved.

We are authorised and regulated by the Law Society of Scotland (www.lawscot.org.uk) and Solicitors Regulation Authority (www.sra.org.uk)
A list of members of our firm is available upon request from our Registered Office at The Connect Building, 3rd Floor, 59 Bath Street, Glasgow, G2 2DH

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