Privacy policy

1. This privacy policy

This privacy policy describes how we (Jackson Boyd LLP) collect and use personal data. Personal data is any data which can identify an individual, which would include your name, postal address and email address.

We are a firm of solicitors regulated by the Law Society of Scotland and provide legal advice and assistance to our clients.

This privacy policy may change from time to time so we recommend that you review it periodically. This version of the privacy policy was last updated on 15 May 2018

2. Who this privacy policy applies to:-

This privacy policy applies to all persons whose personal data we collect and use. This includes individuals in the categories below or who work for any of the following:

• our clients;
• individuals involved in court action or other legal proceedings in which our clients are a party (including legal claims, criminal actions, inquests, tribunals, arbitrations, mediations and regulatory actions) or the provision of related legal advice, or individuals involved in insurance claims we are handling for an insurance client. These may include the following:

(a) Pursuers/Claimants;
(b) Defenders/Respondents;
(c) Witnesses and potential witnesses;
(d) Experts; and
(e) Service providers related to such court or legal proceedings, legal advice or insurance claims.

• our business contacts;
• job applicants, whether speculative or in response to an advertised vacancy;
• individuals who attend our seminars or receive our legal updates, or who visit our website;
• service providers. For example, general office services, and IT service providers; and
• our regulators, insurers, auditors, professional advisers and certification bodies (for example Investors in People certifications).

This policy does not apply to:

• our employees, as the way we collect and use their personal data is governed by the privacy policy in our employee handbook.
• any services which we provide to our clients as a data processor. This is where we are acting under the strict instruction and control of our clients. In those circumstances our collection and use of personal data is covered by our client’s privacy policy.

3. Data protection principles

We comply with the data protection principles set out below. When processing personal data, we ensure that:

• it is processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’)
• it is collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes (‘purpose limitation’)
• it is adequate, relevant and limited to what is necessary in relation to the purposes for which it is processed (‘data minimisation’)
• it is accurate and, where necessary, kept up to date and that reasonable steps will be taken to ensure that personal data which is inaccurate, having regard to the purposes for which it is processed, is erased or rectified without delay (‘accuracy’)
• it is kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data is processed (‘storage limitation’)
• it is processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures (‘integrity and confidentiality’)

4. Process/procedures/guidance

We will:

• ensure that the legal basis for processing personal data is identified in advance and that all processing complies with the law
• not do anything with your data that you would not expect given the content of this policy
• ensure that appropriate privacy notices are in place advising staff and others how and why their data is being processed, and, in particular, advising data subjects of their rights
• only collect and process the personal data that we need for purposes we have identified in advance
• ensure that, as far as possible, the personal data we hold is accurate, and that a system is in place for ensuring that it is kept up to date as far as possible
• only hold onto your personal data for as long as it is needed, after which time we will securely erase or delete the personal data. Our data retention policy sets out the appropriate period of time
• ensure that appropriate security measures are in place to ensure that personal data can only be accessed by those who need to access it and that it is held and transferred securely
• ensure that all staff who handle personal data are aware of their responsibilities under this policy and other relevant data protection and information security policies, and that they are adequately trained and supervised.

5. Why do we collect and store your personal data?

We retain and process personal data to enable us to provide legal advice, legal services and to conduct legal proceedings on behalf of our clients. Personal data is provided to us by our clients, insurance brokers, insurers and other third parties. We will process your personal data (which may include special categories of personal data) in accordance with our obligations under the Law Society of Scotland regulatory framework and statutory obligations including the principles of the Data Protection Act 1998 and the General Data Protection Regulation 2016/679.

6. How we use and disclose your personal data

When you access or subscribe to any of our services including but not limited to, legal and claims handling services, we may collect and process your personal data.

We may collect, use and disclose your personal data in order for us to provide our services as a firm of solicitors and legal services provider. This includes:

(a) Administering and maintaining our relationship with you;
(b) Providing the services requested by our clients such as :-

• Pursuing or defending court action or other legal proceedings (including legal claims, criminal actions, inquests, tribunals, arbitrations, mediations and regulatory actions);
• providing legal advice;

(c) For disclosure to other third parties in the course of providing the services requested by our clients. The third parties may include a court or tribunal, experts, sheriff officers, local agents, insurance companies or other solicitors.
(d) For complying with our legal obligations or making disclosures to government, regulatory or other public bodies where in our reasonable opinion the disclosure is appropriate and permitted by law.
(e) To ensure the safety and security of our people and premises (where we also use CCTV) which may include disclosure to relevant third parties;
(f) For disclosure to our auditors, our own legal and professional advisors, our insurers and insurance brokers;
(g) For disclosure to any court or tribunal in the course of providing the services to our clients;
(h) To conduct specific tests on our existing or new systems, networks, applications or software, which may include disclosure to relevant third parties;
(i) For advertising, marketing and public relations, including sending you direct marketing communication;
(j) To manage our business performance, to assess client satisfaction (such as asking you to take part in surveys administered by third parties);
(k) As otherwise required by the law and our professional governing bodies
(l) Where you have given us written consent for such use and disclosure.
(m) The day to day operations of our business. For this, we may use third party service providers. For example procurement services, recruitment consultants, general office services, library services, out sourcing services, and IT service providers.
(n) The use of cookies by our website. Our Cookie Policy can be found here – http://www.jacksonboyd.co.uk/how-we-use-cookies/
(o) For staff recruitment such as:-

• reviewing cvs and application forms;
• checking public sources of information, including social media; and
• (with your express permission) other checks including credit checks, criminal record checks, verifying your academic and career history, electoral role and court judgments.

Third Parties

When we hold and use your personal data in the course of providing legal services to a client, that client may also be entitled to access to your personal data. We may also provide your personal data to a third party in the course of providing legal services to our client. Our client or any such third party may in turn use your personal data in accordance with their own privacy policy.

Use of data outwith the UK

We will not transfer your personal data to a country outwith the European Economic Area without your prior consent.

Other

As a growing legal services provider we may share personal data with potential investors and other parties in relation to any actual or proposed reorganisation, merger, sale, joint venture, assignment, transfer or other transaction relating to all or any portion or our business, or assets, but we will only do so once appropriate confidentiality agreements are in place.

7. Where you provide us with personal data about another person

If you give us personal data about another person, you should ensure that:

a) you are legally entitled to give us that information;
b) the disclosure is in accordance with any applicable data protection or privacy law; and
c) such other person has also read this privacy policy.

8. Data Subject Rights

 We have processes in place to ensure that we can facilitate any request made by an individual to exercise their rights under data protection law. All staff have received training and are aware of the rights of data subjects. Staff can identify such a request and know who to send it to.

All requests will be considered without undue delay and within one month of receipt as far as possible.

Subject access: the right to request information about how personal data is being processed, including whether personal data is being processed and the right to be allowed access to that data and to be provided with a copy of that data along with the right to obtain the following information:

• the purpose of the processing
• the categories of personal data
• the recipients to whom data has been disclosed or which will be disclosed
• the retention period
• the right to lodge a complaint with the Information Commissioner’s Office
• the source of the information if not collected direct from the subject, and
• the existence of any automated decision making

Rectification: the right to allow a data subject to rectify inaccurate personal data concerning them.
Erasure: the right to have data erased and to have confirmation of erasure, but only where:
the data is no longer necessary in relation to the purpose for which it was collected, or
where consent is withdrawn, or
where there is no legal basis for the processing, or
there is a legal obligation to delete data

Restriction of processing: the right to ask for certain processing to be restricted in the following circumstances:

• if the accuracy of the personal data is being contested, or
• if our processing is unlawful but the data subject does not want it erased, or
• if the data is no longer needed for the purpose of the processing but it is required by the data subject for the establishment, exercise or defence of legal claims, or
• if the data subject has objected to the processing, pending verification of that objection

Data portability: the right to receive a copy of personal data which has been provided by the data subject and which is processed by automated means in a format which will allow the individual to transfer the data to another data controller. This would only apply if we were processing the data using consent or on the basis of a contract.

Object to processing: the right to object to the processing of personal data relying on the legitimate interests processing condition unless we can demonstrate compelling legitimate grounds for the processing which override the interests of the data subject or for the establishment, exercise or defence of legal claims.

9. How long we keep your personal data

We take reasonable steps to ensure that the personal data we hold about you is reliable for its intended use and as accurate and complete as is necessary to carry out the relevant purposes described in this privacy policy.

We will retain your personal data for so long as is reasonably necessary for us to fulfill the relevant purposes described in this privacy policy and as set out in guidance published by the Law Society of Scotland https://www.lawscot.org.uk/members/rules-and-guidance/rules-and-guidance/section-e/division-b/guidance/the-ownership-and-destruction-of-files/ unless a longer retention period is required or permitted by law.

10. How we protect your personal data

We are strongly committed to data security and we take reasonable and appropriate steps to protect your personal data from unauthorised access, loss, misuse, alteration or corruption. We have put in place physical, electronic, and managerial procedures to safeguard and secure the information you provide to us.

11. Updating your personal data

We are a firm of solicitors and a legal services provider. Data that is held in respect of our clients is likely to be protected by client confidentiality and legal professional privilege. Subject to this (and any other relevant exemptions) you are entitled to see the personal data we hold about you and to amend or update any inaccuracies in your personal data.

If you would like to review or update your personal data (including updating your marketing preferences) or if you have any other queries about your personal data please contact us by email at: enquiries@jacksonboyd.co.uk or by writing to us at:

The Data Protection Officer
Jackson Boyd
Centenary House
69 Wellington Street
Glasgow
G2 6HG

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