Data Privacy Policy
Your personal data is data which by itself or with other data available to us can be used to identify you. We are McLean & Stewart LLP, the data controller. This data protection policy sets out how we will use your personal data.
The types of personal data we collect and use
Whether or not you become a client, we will use your personal data as set out below. If you become a client we will use your personal data to manage the service we are providing to you. We will collect most of this data at the start of your transaction. Personal data we may collect and use will include:-
1. Full name and address
2. Address History
3. Email address
4. Home and mobile telephone numbers
5. Date of birth
6. National Insurance Number
7. Financial details (e.g. for mortgage and insurance applications).
8. Employment status (e.g. for mortgage and insurance applications).
9. Personal data about other named persons (e.g. beneficiaries or attorneys when the service being provided concerns preparing for the future).
We may collect this from you in writing by letter, email or text, in meetings, by telephone or when you voluntarily complete a Client Identification form. We may obtain information from third parties and public sources, for example, publicly available social media platforms. You are not obliged to provide us with all the information we request but we may not be able to provide the services you require if you do not provide us with all the information requested. In any event, we will not obtain more information than we believe is reasonably required by us in order to carry out the necessary legal work.
The legal grounds for using your personal data
Data protection laws require that, where we process your personal data, we must satisfy at least one prescribed condition for processing. These are set out in data protection law and we rely on a number of different conditions for the activities we carry out.
1. As necessary to perform our contract with you for the relevant service you have requested.
2. As necessary to comply with a legal obligation e.g. to verify your identity and to undertake due diligence and anti-money laundering checks.
3. We may use your personal information for our legitimate interests to provide legal services.
We will obtain your consent for any use of your personal information not covered by the above three points. You may withdraw any such consent at any time.
Sharing your personal data
Subject to applicable data protection law, we may share your personal data with third parties where this is required as part of the transaction or legal work we are carrying out for you. We may also share information with other professionals acting on our or your behalf in respect of the particular case. Again, depending on the nature of the work, we may share information where necessary with solicitors on the ‘other side’ of a transaction. We also use: –
1. Companies and other organisations providing services to us to allow us to progress and complete the relevant service you have requested.
2. Legal and other professional advisers, such as mortgage providers, banks, independent fee auditors/assessors, credit checking agencies and other Solicitors, Estate Agents, Surveyors, Advocates and Accountants.
3. Organisations for income verification, anti-money laundering and affordability checks.
4. Government bodies and agencies e.g. HM Revenue & Customs, Revenue Scotland, DWP, Local Authority Finance Department, Office of the Public Guardian, and Registers of Scotland.
5. Courts, to comply with legal requirements.
6. Third party data shredding/waste and IT and telephone management companies.
7. Other parties connected with the service we are providing.
Other than the above, we will not transfer your personal data to third parties unless we have your permission or are required to do so by law.
Data Retention
We will retain your personal data in compliance with privacy laws and other regulations and will not be retained for longer than reasonably necessary. The Law Society of Scotland has issued guidance on the retention of client’s data and more information can be found on the Society’s website.
Security
We have high standards of security in relation to the information you provide us with and the information we collect in the operation of our business as solicitors. We take appropriate measures to secure personal data and protect it from loss/unauthorised use.
Your rights
You have the right to be informed about our processing of your personal data.
You have the right to have your personal data corrected if it is inaccurate and to have personal data completed if incomplete.
You have the right to object to the processing of your personal data but if you do we will be unable to deliver the service you have requested and .
You have the right to restrict processing of your personal data but if you do we may be unable to deliver the service you have requested.
You have the right to have your personal data forgotten but if you do we will be unable to advise you of any change in the law which may affect you or will be unable to advise you of any services you may require.
You have the right to request access to your personal data and how we process it.
If you have requested details of the information we hold about you and you are not happy with our response, or you think we have not complied with applicable data protection legislation in some other way, you can complain to us. Please send any complaints to The DPO, McLean & Stewart LLP, 51/53 High Street, Dunblane, FK15 0EG or alternatively email us at data.protection@mcleanandstewart.co.uk. If you are not happy with our response, you also have the right to lodge a complaint with the ICO (the Information Commissioner’s Office) who can be found at www.ico.org.uk