Harper Macleod LLP Privacy Notice
Our Privacy Notice describes the categories of personal data we process and for what purposes. We are committed to collecting and using such data fairly and in accordance with the requirements of applicable data protection legislation.
This Privacy Notice became effective on 11 May 2018.
1.1 This Privacy Notice explains your privacy rights and how we gather, use and share your personal information. That includes the personal information we already hold about you now and the further personal information we might collect about you, either from you or from a third party. How we use your personal information will depend on the services we provide to you.
1.2 This Privacy Notice provides information about how we use your personal information and will update any previous information we have given you about using your personal information (also referred to as personal data).
1.3 We are the controller of your personal information under applicable data protection legislation, unless otherwise stated in this Privacy Notice or otherwise provided for in applicable data protection legislation.
1.4 If you have any queries regarding our use of your personal information, please contact us at DPOfficer@harpermacleod.co.uk or by post at Data Protection Officer, Harper Macleod LLP, The Ca'd'oro, 45 Gordon Street, Glasgow, G1 3PE.
1.5 If your personal details change or if you change your mind about any of your marketing preferences, please contact us at MyComms@harpermacleod.co.uk, by post to Marketing Department, Harper Macleod LLP, The Ca'd'oro, 45 Gordon Street, Glasgow, G1 3PE, or through our client portal.
1.6 In this Privacy Notice, the terms "we", "us" and "our" refer to Harper Macleod LLP.
2. Your Privacy Rights
2.1 You can exercise any of your rights by contacting us at DPOfficer@harpermacleod.co.uk or by post to Data Protection Officer, Harper Macleod LLP, The Ca'd'oro, 45 Gordon Street, Glasgow, G1 3PE.
2.2 Any requests received by Harper Macleod LLP will be considered under applicable data protection legislation. If you remain dissatisfied, you have a right to raise a complaint with the Information Commissioner's Office at ico.org.uk.
Right to be informed
This Privacy Notice informs you about the collection and use of your personal information.
Right to access
You have a right to request access to the personal information that we hold about you by making a "subject access request".
Right of rectification
If you believe that any of the personal information that we hold about you is inaccurate or incomplete, you have a right to request that we correct or complete that personal information.
Right of erasure
If you wish us to delete the personal information that we hold about you, you may request that we do so in certain circumstances.
Right to restrict processing
You have a right to request that we restrict the processing of the personal information that we hold about you for specific purposes.
Right to object
You have a right to object to us processing your personal information in certain circumstances.
Right to portability
You have a right to obtain and reuse the personal information that we hold about you for your own purposes in certain circumstances.
Rights related to automated decision-making
Where we undertake any automated decision-making and profiling, you have certain rights in relation to such processing.
3. The categories of personal information we use
3.1 Harper Macleod LLP is a full service law firm, and therefore we use a variety of personal information depending on the services we deliver.
3.2 In all cases, we need to use your name, address, date of birth, contact details and information to allow us to check your identity.
Contact and socio-demographic information
In all cases, we need to use your name and contact details, including your postal address, email address and phone number. We will use this data and your date of birth to allow us to check your identity to meet our legal obligations. We may also use your date of birth to allow us to determine how long we will retain historic wills.
Race, ethnic origin, politics, religion, trade union membership, sex life, sexual orientation
These special categories of personal information may be required in employment cases, for example if you are raising a claim for discrimination or unfair dismissal.
They may also be used in matrimonial cases (for example, divorce) and other forms of dispute resolution and litigation.
Health and medical information
This personal information will be used in various cases, including personal injury cases, employment cases, matrimonial cases, cases where we are supporting individuals who have a vulnerability (for example arranging powers of attorney), other forms of dispute resolution.
Criminal offence data
This personal information may be processed in relation to litigation cases, employment cases, matrimonial cases and other cases. This information may also be used in all cases in relation to due diligence required for fraud prevention, and/or anti-money laundering to meet our legal obligations.
Information relating to financial status or position
Including salaries, pensions, dividends and other earnings, data used to make assessments of an individual’s ability to meet existing or potential financial obligations, information received from credit reference agencies, information about money an individual owes or could owe, information about an individual's assets.
This personal information will be used in a wide range of legal matters including debt recovery, litigation, other forms of dispute resolution, matrimonial, employment, personal tax, trusts, wills, business creation/acquisition/disposal, property matters, lending, borrowing, other financing.
Information relating to payment, credit and debits.
Funds received from or for an individual or made in relation to a client's matter (e.g. to pay for the legal service, to pay for outlays incurred by us on your behalf, to pay in settlement of a claim, property purchase/sale, other asset purchase/sale).
We do not store credit or debit card details, but will use them to process payments in line with PCI-DSS standards.
Personal information contained in communications with individuals across different channels.
Copies of letters received by or sent to us, information relating to emails received by or sent by us, file notes, other information or logs about when communication has taken place (rather than the content of that communication), and/or information you supply when contacting us through one of our websites.
Audio recordings are made in relation to cases within our Personal Injury & Reparations department for training and to ensure and improve the quality of service delivery, and to resolve queries and issues.
Personal information relating to an individual's family and social relationships including status of spouse/partnerships, wider family including parental and caring status may be used in range of types of cases.
Open data and public records
Personal information relating to individuals that are, or can be, collected from public or open sources. These do not necessarily have to be collected from open data/public records, and may come from other sources (e.g. from you directly, or from your other advisors or solicitors on the other side of the transaction). This may include information about an individual's bankruptcy, information about a public office held by an individual, information about inhibitions, information about ownership of land held by the Land Register, Register of Inhibitions, Companies House, information from courts or tribunals, information from credit agencies to verify an individual's identity, information from Royal Mail and/or other data sources which we use to verify the accuracy of our client postal addresses.
Personal information relating to permissions, consents or preferences given to us by individuals, including marketing permissions, contact permission, marketing preferences, mandates to contact employers, other solicitors, and/or GPs and other medical specialists.
Unique identifiers attributed to an individual from a government department, such as Tax ID, National Insurance Number, and/or passport number. This information may be used as part of our customer due diligence measures for identifying individuals to meet our legal obligations. The information may also be used in different types of cases including trusts, personal tax, and employment.
When you visit our websites and use other systems, we may collect personal information to monitor usage. This could include your IP address, operating system and browser type. This will be used to improve our websites, systems, and for research into service delivery.
If you use our e-signature system, our system provider will collect and provide us with your IP address and digital signature.
We use CCTV on our premises to ensure the safety and security of our staff and customers.
4. How we gather personal information
4.1 We are a full service law firm, engaged with a large number of stakeholders. We obtain personal information from a wide range of sources:
4.1.1 Directly from you or your representative, for example when you register for our client portal, submit details through our websites, sign up for estate agency mailing lists, sign up to an event or to receive marketing communications, complete a survey which we provide for research purposes, contact us in writing, by email, in person, by telephone, or by any other method.
4.1.2 From information you or your representative have made publicly available.
4.1.3 From other people you know, including family members, and people you are financially linked to, and their representatives. This also includes organisations and individuals who are our clients in circumstances where you are party to, or otherwise involved in, a matter on which we are instructed, for example as a witness, beneficiary, guarantor, buyer, seller, debtor, defender, pursuer, employee, or employer.
4.1.4 From other organisations which have referred you to us, for example estate agents, accountants, financial advisers, other solicitors, insurance companies, banks.
4.1.5 From open data and public records, for example from various registers (Land Register, Register of Inhibitions, Companies House, OSCR, etc.), credit agencies and from Dow Jones to verify the identity of our clients and beneficial owners to assist us in complying with our legal obligations.
5. How we use your personal information
5.1 To respond and communicate
5.1.1 We use personal information to allow us to respond to you and communicate with you regarding your instructions, questions, comments, support needs, complaints or concerns.
5.2 Using client information
5.2.1 When you become our client, we will collect, store and use the personal information that you provide to us in your instructions and during the course of our solicitor/client relationship.
5.2.2 We need to collect personal information so that we can perform our obligations under our service agreement with clients. We will use such personal information to:
126.96.36.199 provide clients with legal advice, including communicating with them by email, letter and/or telephone, etc. in connection with the services that we provide;
188.8.131.52 represent clients as their solicitors in connection with such services;
184.108.40.206 provide clients with legal advice in respect of the matter(s) upon which we are instructed to provide advice; and/or
220.127.116.11 process and make payments in connection with such matter(s).
5.2.3 If clients do not provide us with all of the personal information that we need to collect in order to perform our obligations under our service agreement, then this may affect our ability to provide them with legal advice and/or represent them as their solicitors.
5.2.4 We may also process personal information for purposes relating to the provision of services we provide including updating, reviewing and enhancing client records and undertaking analysis for management purposes.
5.3 Business clients and other stakeholders
5.3.1 For business clients (including bodies corporate, public bodies and/or charities) and other stakeholders including suppliers, we will use personal information about key individuals in the business, so that we can operate and administer the services which we provide.
5.3.2 To comply with our legal obligations to prevent financial crime (see 5.4 below) we will complete due diligence steps by using personal information about key individuals who are either a sole trader of the business or are a proprietor, director, company secretary, shareholder, partner, member, committee/board member, trustee, charity trustee, controller, beneficial owner or authorised signatory to the account of the business.
5.4 To comply with our legal obligations to prevent financial crime
5.4.1 To comply with our legal obligations to prevent financial crime including money laundering under the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017, we will use personal data including name, address, date of birth, country of residence/citizenship, personal identification (which may include passport number or driving licence number), information about any criminal convictions, information about roles held in public office, and information about your status as or your relationship and association with a politically exposed person.
5.4.2 We will give personal information to and receive personal information from third parties where that is necessary to meet our legal obligations, including credit reference agencies, fraud prevention agencies, the police and other law enforcement and government agencies, and regulators.
5.4.3 We will use the personal information described in 5.4.1 above in a system supplied by SmartSearch UK to verify the identity of individuals (against Experian and Equifax data sources) and to check if they are on a Financial Sanctions watch list or if they are a politically exposed person or a relative or close associate of a politically exposed person (from Dow Jones data sources). This does not affect individual's credit history or rating.
5.5 To comply with regulatory obligations
5.5.1 We will provide our regulator, the Law Society of Scotland, with names of individuals for whom our solicitors act under Powers of Attorney.
5.6 Other parties
5.6.1 We will process personal information of individuals who are not our client, but have a relationship with our client as described in 4.1.3 above.
5.6.2 We will obtain such personal information from the sources described in 4 above, which will include the same categories of information described in 3 above.
5.6.3 We will use this information to comply with our duty as a legal adviser to our client, which is a regulatory requirement on us as a firm of solicitors regulated by the Law Society of Scotland. We may have a duty to disclose information to our client where relevant to their case (for example information about earnings in a divorce matter).
5.7 Financial management and debt recovery
5.7.1 We may give personal information to and receive personal information from third parties where that is necessary to recover debts due by you to us, for example, credit reference agencies and sheriff officer or bailiff services.
5.8 To market services to you
5.8.1 We will use contact details provided by our clients and information on the services clients have used to assess what services would be most beneficial to them. For example, where we hold a client's will, we will use the date of the last will review, and write to the client to advise them to consider updating their will around five years after the last review date.
5.8.2 We issue sector and legal updates to keep clients and individuals who have signed up to receive such communications advised of legal developments within their sector. For example, we issue a bi-annual magazine called 'The Brief' to clients who have engaged us in a private matter. The Brief is issued either electronically or in hard copy by post, depending on your preference.
5.8.3 We often run competitions, which may include prizes from us or our sponsors/partners.
5.8.4 We send out invitations to events and seminars that we run, which we think would be of interest.
5.9 Automated decision making and profiling
5.9.1 We do not use personal information to make decisions solely by automated means without any human involvement.
5.9.2 As described in 5.4.3 above, we use a system to evaluate individuals to assist us in complying with our legal obligations under the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017.
5.10 Online payments
5.10.1 We offer an online payment system at https://payments.harpermacleod.co.uk/. If you use this system to make debit or credit card payments to us, your card details will be handled exclusively by our payment provider, Worldpay. We comply with the payment card industry data security standard (PCI-DSS) published by the PCI Security Standards Council, and will never store card details.
5.10.2 Any personal information which is entered in the online payment facility will be used in accordance with this Privacy Notice, and will only be used by us to reconcile payments received to correct accounts, to contact you if there are issues with the payment, and send you a receipt by email if you have requested one. The data entered onto the online payment form is collected by Worldpay and, with the exception of card details, is subsequently transferred to us.
5.11 Online Activity
5.11.1 Our websites may, from time to time, contain links to and from other websites operated by third parties. These are provided for your information and convenience only. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal information to these websites.
5.11.3 We may collect information about your computer, including where available your IP address, operating system and browser type, for system and business administration and for usage monitoring.
5.11.4 Cookies are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the owners of the site. Most browsers allow some control of most cookies through the browser settings. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit allaboutcookies.org.
5.11.5 Click here to see details of cookies we use from third parties.
5.12 Other uses of your personal information
5.12.1 We may ask you if we can process your personal information for additional purposes. For example, when you connect your phone or other device to our guest Wi Fi.
5.12.2 Where we do so, we will provide you with an additional privacy notice with information on how we will use your personal information for these additional purposes.
6. Our legal basis for using your personal information
6.1 We only use your personal information where that is permitted by the applicable data protection legislation. We only use personal information where:
6.1.1 we have your consent (if consent is needed);
6.1.2 we need to use the information to comply with our legal obligations;
6.1.3 we need to use the information to perform a contract with you, including taking steps to enter into a contract with you; and/or
6.1.4 it is fair to use the personal information either in our interests or someone else's interests, where there is no disadvantage to you – this can include where it is in our interests to promote our services by sending clients communications with information for upcoming events and legal updates; inviting clients as guests to our events.
6.2 Where we use personal information under 6.1.4 above, you may contact us at MyComms@harpermacleod.co.uk to opt out of receiving communications or select the types of communications that you would like to receive or update your preferences through our client portal.
6.3 Where we have your consent, you have the right to withdraw it at any time.
7. Sharing personal information
7.1 We may be required to share personal information with statutory or regulatory authorities and organisations to comply with statutory obligations imposed both upon us and upon you in respect of the matter(s) upon which we advise. Such organisations include the Law Society of Scotland, Department of Work & Pensions, HMRC, Scottish and UK courts, Registers of Scotland and / or local authorities.
7.2 We may also share personal data with our or your other professional advisors for the purposes of taking advice and the event of any legal claims.
7.3 Where we employ third party suppliers to provide services on our behalf, including mailroom, archiving and reception services, these suppliers may process personal data on our behalf as "processors" and are subject to written contractual conditions to only process that personal data under our instructions and protect it.
7.4 We may be required to share personal information with other organisations, which during the course of our providing services on a matter may be contracted to supply a service related to such matter, which we are not in a position to provide. Depending on the nature of your instruction to us, this may include sheriff officers, property search companies, Companies House, expert witnesses, translators, local agents, accountants and / or auditors.
7.5 In the event that we do share personal information with external third parties, we will only share such personal data strictly required for the specific purposes and take reasonable steps to ensure that recipients shall only process the disclosed personal data in accordance with those purposes.
8. Storing personal information
8.1 We will protect your personal information in order to prevent unauthorised access to, or use or disclosure of, your personal information through a number of organisational and technical security measures. Your personal information is stored on our systems to which access is both physically and electronically controlled. We have been assessed and certified as meeting the requirements of ISO/IEC 27001:2013.
8.3 Our staff receive data protection training and we have detailed data protection and information security procedures in place.
9. How long we keep your personal information for
9.1 We will retain your personal information for as long as is required to comply with our obligations set out above, unless you ask us to return any copies of it to you or send it to a third party.
9.2 We have a data retention policy that sets out the periods and rules for retaining and reviewing all information that we hold. This sets out different retention periods, which depend upon the nature of the information, and you can request details by contacting us at DPOfficer@harpermacleod.co.uk.