- Important information and who we are
Full name of legal entity: Gorman Legal Ltd
Email address: firstname.lastname@example.org
Postal address: Oak View, 32 Fulford Drive, Cullompton, Devon EX15 1RP
Telephone number: 01884 216106
You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
- The data we collect about you
Personal data, or personal information, 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 collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
- Identity Data includes first name, maiden name, last name, marital status, title, date of birth and gender.
- Contact Data includes billing address, email address and telephone numbers.
- Financial and Tax Data includes bank account and payment card details, National Insurance number and Unique Tax Reference (UTR)
- Business Data includes details of any businesses with which you are connected.
- Transaction Data includes details about payments to and from you and other details of services you have engaged us to provided.
- 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.
- Usage Data includes information about how you use our website and services.
- Marketing and Communications Data includes your preferences in receiving marketing from us and your interests, preferences, lifestyle, family and feedback.
- Special Category Data is particularly sensitive data which we collect if relevant to the work we are doing for you and includes heath (physical and mental), racial/ethnic origin, political opinions, religious/other beliefs and sexual orientation. The law says that we need to have further justification for handling this type of data. Our permitted reasons commonly include the following: legal claims, health relevance, information already public and consent obtained in writing.
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 goods 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 Identity, Contact and Financial & Tax Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
- apply for our products or services and engage our services;
- corresponding with us (by post, phone, email etc) and filing in forms we provide;
- subscribe to our service or publications;
- request marketing to be sent to you; or
- give us feedback or contact us.
- Third parties or publicly available sources. We will receive personal data about you from various third parties and public sources or persons/organisations directly or indirectly involved in the work you ask us to do, such as:
- Professionals and organisations who introduce you to us (such as financial advisers, accountants, investment managers etc)
- Anyone representing you (such as attorneys, trustees, agents or intermediaries);
- Your family, friends, business associates or anyone else linked to the work we are doing;
- Financial organisations (such as banks and insurers)
- Government agencies (such as HMRC and Land Registry);
- Healthcare professionals, social and welfare organisations;
- Fraud prevention agencies;
- Technical data providers associated with visits to our website (such as Google)
- Organisations with which we work in order run our business (such as credit reference agencies, debt collection, tracing agencies and private investigators; and market researchers (such as for obtaining feedback on client satisfaction).
- Regulatory authorities such as the Information Commissioner’s Officer, the Public Guardian and the Society of Trust and Estate Practitioners whose Code of Professional Code is applicable to Damian Gorman.
- Law enforcement authorities such as the National Crime Agency (if such suspect money laundering or terrorist financing), the Police or HMRC (if fraud is suspected).
- Organisation with which we work in order to run our business such as suppliers, service providers, our accountants, professional bodies and market researchers.
- 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.
- 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.
- Where we need to comply with a legal obligation.
Generally, we do not rely on consent as a legal basis for processing your personal data although we will get your consent before sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.
Purposes for which we will use your personal data
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
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 in the table below.
|Purpose/Activity||Type of data||Lawful basis for processing including basis of legitimate interest|
|To register you as a new client/potential client||
|To carry out your instructions and deliver the work you ask us to do including:
(a) Providing advice tailored to your circumstances;
(b) Instructing professionals/others to act for you;
(c) Introducing you to others who can help you to achieve what you want;
(d) Obtaining data about you from others;
(e) Managing on your behalf any payments and fees you have to pay;
(f) Collecting money owed to you;
(g) Liaising with official bodies on your behalf (such as Courts, registries, government bodies, tax authorities);
(h) Identifying and managing risk for you which it comes to light.
|To manage our relationship with you which will include:
(b) Asking you to leave a review or take a survey
(c) Collecting money you owe us.
|To run our business properly and efficiently including:
(a) Asking you for feedback;
(b) Responding to complaints and seeking to resolve them;
(c) Notifying you about relevant changes to the way we work and our terms of business;
(d) Business planning;
(e) Corporate governance and audit;
(f) To obey applicable laws/regulations;
(g) Communications and training
|To administer and protect our business and our website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)||
|To tell you about relevant products/services:
(a) Suggest other products/services that you may need (to manage risk for you) or may be of interest to you;
(b) Provide advice or guidance about our products/services and those of other organisations (where relevant);
(c) Otherwise carry out marketing activities to promote our services.
|To prevent/detect financial crimes such as:
(a) Money laundering;
(b) Property and mortgage fraud;
(c) Tax evasion;
(d) Financial sanctions.
comply with the law and regulations which apply to us.
|To improve our website, products/services, marketing, customer relationships and experiences||
legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business, to inform our marketing strategy and to grow our business)
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
Promotional offers from us
We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).
You will receive marketing communications from us if you have requested information from us or purchased goods/ services from us and you have not opted out of receiving that marketing.
You can ask us to stop sending you marketing messages at any time by contacting us at any time.
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transactions.
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 basis 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 share your personal data with the parties set out below for the purposes set out in the table above.
We would also need to share your data in the unlikely event that the ‘data controller’ changes. Such a situation would arise if we decided to sell, transfer or merge parts of our business or if we acquired/merged with another business. If this happened, the new owner/organisation would become the ‘data controller’ in law and would be able to use your data in the same way as set out in this document.
- Data security
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.
If we have to share your data with external organisation, they will be required to keep it confidential and to treat it in accordance with the law. Unless thy are a ‘data controller’ in their own right, they are not allowed to use the date for their own purposes – in particular for marketing – but only in accordance with our instructions and for specified purposes. Examples of others who might be a ‘data controller’ themselves would be a law enforcement agency or a professional/other supplier assisting us with work we are doing for you. Professional/supplier who need to be in direct contact with you as part of the work (such as other legal experts) will normally provide you with their own privacy notice.
If you do not wish us to share your data with a particular organisation or individual(s) please tell us in writing. We will respect your wishes, (unless our legal obligations prevent us from doing so), but this may limit the work we can do for you.
- Data retention
How long will you use my personal data for?
Data and documents which you give us may be held in both electronic and paper form. Anything held electronically will be stored either in the UK or somewhere within the European Economic Area (EEA).
- Keeping important/original documents and papers
Apart from Wills, we usually return to you at the end of our work any important/original documents (such as title deeds and share certificates) but we may agree to keep these for you if you ask us to.
If we agree to hold an important/original document for you, in some cases this may only be for a certain length of time (agreed in advance). In other cases, no such fixed period will be put in place, so we may end up holding the document for many years. If so, there will come a point when it is no longer appropriate for us to keep it, either because it is no longer valid, important or useful, or because we are no longer willing to store it. In such cases we will try to return it to you, but if we cannot, we may decide to destroy it. In reaching such a decision, we would take into account the date of the document, its contents, and any later documents, as well as your date of birth.
- Keeping our work files and other records containing your personal information
We will keep an electronic copy of our work files (and other recording containing your data) only for as long as necessary after finishing our work. Normally this will be for at least 7 years (in case there is a query/complaint about the work and to comply with various laws). In case cases we will keep it for much longer (such as for Wills).
When we no longer need to retain a file (or other record containing your data), we will destroy it without tell you, so if there is anything in any of our files or records that you want to keep, please tell us in writing before we close the file/record and put it into electronic storage.
- Charging for storage and destruction
Where we agreed to hold any important/original documents for you (such as title deeds, wills and share certificates), we may make a reasonable charge for storage, copying and retrieval. We will not make a charge, though, if the copying or retrieval is part of new work we have agreed to do for you.
For all other documents which we hold (on the files we create whilst doing your work) even though some of these may legally belong to you, we do not charge for their storage or destruction.
- Your legal rights
Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please click on the links below to find out more about these rights:
- Request access to your personal data.
- Request correction of your personal data.
- Request erasure of your personal data.
- Object to processing of your personal data.
- Request restriction of processing your personal data.
If you wish to exercise any of the rights set out above, please contact us.
No fee usually required
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 could 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 could 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.
Legitimate interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. 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.
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.
YOUR LEGAL RIGHTS
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 of 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 scenarios:
- 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.
- You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.