INTRODUCTION

Your personal data can, by itself, or with other data, be used to identify you. This information notice sets out how we, Thompson Smith and Puxon (TSP), the data controller, will use your personal data.  Our Data Protection Officer (DPO) can be contacted at Stable 6, Stable Road, Colchester, Essex, CO2 7GL if you have any questions.

PROVIDING YOUR PERSONAL DATA TO TSP

We will tell you if providing some personal data is optional, particularly if we ask for your consent to process it. In all other cases we will only collect and hold the minimum amount of data that we need from you for the purpose for which we are collecting it.

THE TYPES OF PERSONAL DATA WE COLLECT AND USE

We will use your personal data for the reasons set out in the section “Using your personal data: the legal basis and purpose”, and, if you become a client of the firm, to provide our service to you. We will collect most of the data we use from you directly. Where we collect personal data indirectly the sources are detailed below.

For clients and prospective clients: If you ask us to quote for our services and / or become a client of Thompson Smith and Puxon the details we will collect from you include:

  • Your full name and personal contact information (e.g. home address, personal email address, home and personal mobile telephone numbers) plus
  • Any additional information necessary to assess whether we can proceed as your legal advisor and/or to provide you with an initial quote for our services, this may for example be the address and purchase price of the house you are purchasing or financial details in order to assess your Inheritance Tax position.

If you give us personal data on behalf of a named third party you must have their authority to provide this data and you must share this information notice with them beforehand together with details of what you have agreed on their behalf.

For payment purposes: If you wish to pay a TSP invoice using a credit or debit card and you are not present the details we will collect from you include:

  • Full name, matter no. (if applicable), invoice number, card details (including card number, expiry and CSV), card billing address and personal email address

 For recruitment purposes: If you apply for a position at Thompson Smith and Puxon details we will collect from you include:

  • Full name and personal details including contact information (e.g. home address, email address, home and mobile telephone numbers)
  • Your CV (as provided to us by you) which will include education and employment details
  • Your covering letter
  • Additional information that you may provide us with during the recruitment process such as current salary

Third party sources of your data: We may have received your details from a recruitment agency. You will have provided the recruitment agent with your authority to provide your personal data to TSP. We will provide you with a copy of this information notice upon receipt of your details.

Third party data you give to us: Personal data about your referees including name, job role and company and contact details. You must have their authority to provide their personal data and you must share this information notice with them beforehand together with details of what you have agreed on their behalf.

For Professional Purposes: If you are a professional contact of TSP details we will collect from you include:

  • Full name, job role and company details, including professional contact information (e.g. company address, company email address, company landline and company mobile telephone numbers)
  • Additional information as may be contained on your business card, website, promotional material, or in your email footer

Third party sources of your data: We may have been referred to your service by a professional contact or we may have collected your details from information that is in the public domain such as your company website. If we have collected your data in this way we will provide you with a copy of this information notice.

Our website: If you have visited our website we will have told you about the cookies that we use and their purpose and asked you to set your own preferences in relation to these cookies. Our cookie policy is available on our website at www.tsplegal.com/cookies

Our website may contain links to other websites. This information notice only applies to www.tsplegal.com and data collected from it. When you visit other websites you should read their privacy notice.

Our CCTV: If you attend our offices in person you should be aware that we operate CCTV. Images are monitored for the purpose of public safety, crime prevention, and the detection and prosecution of offenders.

MONITORING COMMUNICATIONS

Subject to applicable laws we will monitor emails, text messages, social media messages and other communications with you in relation to our dealings with you. We may monitor telephone calls but will always tell you if we intend to record a telephone call. Our monitoring is for regulatory compliance, self-regulation, supervision and quality control and training purposes, to protect the security of our communications systems and to check for obscene content. We may also monitor progress on your matter where necessary and this is justified by our legitimate interests or legal obligations

USING YOUR PERSONAL DATA: THE LEGAL BASIS AND PURPOSE: Thompson Smith and Puxon will process your personal data:

As necessary to manage and perform our contract with you for the matter on which we are acting as your Legal Advisor, for example:

  • To take steps, at your request, to discuss your matter with you and/or to provide you with a quote before entering into it
  • To decide whether or not to proceed as your Legal Advisor
  • To update our records
  • To trace your whereabouts to contact you about your matter
  • To advise you on other professional services that you may require as part of your contract with us
  • To act on any feedback you may give us

As necessary for our own legitimate interests or those of other persons or organisations, for example:

  • To advise you on additional legal services that you may require
  • To advise you on other professional services that you may require
  • To send you TSP marketing communications by email or post, which may include invitations to events
  • To manage your My TSP account which includes processing and recording your online invoice payments
  • For market research, analysis and developing statistics
  • To monitor emails, calls and other communications in relation to your dealings with us
  • To be able to carry out conflict of interest checks in future years
  • To be able to deal with any queries, complaints or claims that you might raise in the future
  • To enable us to deal with recovery of any unpaid costs
  • CCTV: for monitoring and protecting our buildings, our private grounds and the vehicles of our staff and clients

As necessary to comply with a legal obligation, for example:

  • When you exercise your rights under data protection law and make requests
  • For compliance with legal and regulatory requirements and related disclosures
  • For the establishment and defence of legal rights
  • For activities relating to the prevention, detection, and investigation of crime
  • To verify your identity, fraud prevention and anti-money laundering checks
  • To monitor emails, calls and other communications as part of your matter
  • To keep secure any Wills and Deeds that we have been asked to store

Based on your consent, for example:

  • When you request that we disclose your personal data to other persons or organisations such as your accountant or land agent, or otherwise agree to disclosures
  • When we process any special categories of personal data about you at your request (e.g. your racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, data concerning your health, sex life or sexual orientation)
  • To send you marketing communications where we have asked your consent to do so

You are free at any time to change your mind and withdraw your consent. The consequence may be however that we cannot do certain things for you.

SHARING OF YOUR PERSONAL DATA

Subject to applicable data protection law we may share your data with, for example:

  • Other parties directly connected or named on your matter
  • Third parties who, with your permission, you wish to deal with the matter on your behalf
  • Sub-contractors and other persons who assist TSP in providing our services, such as barristers and medical experts,
  • Other professional advisors, including your accountant, auditors, bank, land or estate agent for example
  • Government bodies and agencies in the UK and overseas e.g. HMRC, Land Registry, Companies House, Information Commissioners Office, Financial Conduct Authority
  • Courts, to comply with legal requirements and for the administration of justice
  • If you pay your TSP invoice or bill through your My TSP account your payment information will be shared with Sagepay
  • Third party email marketing systems
  • Your recruitment agent (if you are applying for a role with us and have engaged one)
  • Anyone else where TSP have your consent to do so or as required by law

INTERNATIONAL TRANSFERS

Your personal data may be transferred outside the UK and the European Economic Area but only to countries, such as the USA, which have adequate protections for personal data under applicable laws.

CRITERIA USED TO DETERMINE RETENTION PERIODS

Whether or not you become a client the following criteria are used to determine how long we will keep your data for:

  • Retention in case of queries: We will retain your data as long as necessary to deal with any queries you might have (about your enquiry or quote for example)
  • Retention in case of claims: We will retain your data for as long as you might legally bring a claim against us
  • Retention in accordance with legal and regulatory requirements: We will retain your personal data after your matter is finished based on our legal and regulatory requirements, e.g. anti-money laundering and terrorist financing regulations
  • Consent: if we are contacting you on the basis of your consent we will revisit your consent to be contacted after 2 years

Examples of retention periods:

  • Name and date of birth – Indefinite, in order to enable us to carry out conflict of interest checks in the future
  • Identification evidence – For at least 6 years after the end of the matter or of our business relationship with you, or such longer period as anti-money laundering and terrorist financing regulations may require
  • Wills and Deeds – Until the legal owner requires us to part with them
  • Matter files – Until sufficient time has passed since the file was closed for us to be satisfied that there are unlikely to be any queries, complaints or claims raised with us
  • Payment information – For at least 6 years
  • Recruitment information – For at least 6 months or longer if you have asked us to
  • CCTV images are stored for 30 days

YOUR RIGHTS UNDER DATA PROTECTION LAW

You have a number of rights regarding the processing and storage of your personal data (from 25 May 2018). Some rights do not apply in all circumstances.

  • The right to be informed about the processing of your personal data
  • The right to have your personal data corrected if it is inaccurate and to have incomplete personal data completed
  • The right to object to the processing of your personal data
  • The right to restrict processing of your personal data
  • The right to have your personal data erased (the right to “be forgotten”) subject to certain restrictions, e.g. data still required for lawful reasons
  • The right to access your personal data and information about how we process it
  • The right to move, copy or transfer your personal data (portability)

AUTOMATED DECISION MAKING AND PROCESSING

We will not undertake any automatic decision making or profiling in relation to your personal data

DATA ANONYMISATION AND AGGREGATION

Your personal data may be converted into statistical or aggregated data which can’t be used to identify you, and then used to produce statistical research and reports. This aggregated data may be used and shared in all of the ways described above

CHANGES TO OUR INFORMATION NOTICE

This information notice is kept under regular review and any updates will be added to this page. This information notice was last updated on 8 May 2018 and is version no. 1 of this notice.

SECURITY INFORMATION

Check you are using a secure site: When your browser displays our website you will notice that the URL at the top of the browser window starts with https. You will also see a closed padlock icon which will be shown in a different position depending on which browser you are using.  The padlock icon  tells you the page and any personal details submitted are protected using 128 bit encryption when transmitted over the Internet. We use Secure Socket Layer (SSL) technology, which is an industry standard.

If you share your PC or use a facility in a public place make sure you are not overlooked as you enter your details and, if applicable, log off when you have finished, and close the browser window,.

Making a Payment Online using my TSP

We can only accept online payments via MyTSP for payment of TSP invoices. We cannot accept payments through MyTSP for deposits or purchase monies or for any other type of payment. Payments may only be made in GBP Sterling and to a maximum value of £5,000.

Third Party Payments: We are unable to accept payments intended for third parties through MyTSP, for example to a Bank for a debt or a mortgage deposit. If you do make this type of payment, we will have no choice but to refund and return your payment which could take up to ten working days, and could result in significant delays to your case.

Processing Your Payment: All payments made through MyTSP are processed by our secure online payment facility at Sagepay. Please ensure that you read Sagepay’s Privacy Policy here (https://www.sagepay.co.uk/policies/privacy-policy) for details of how they will process the data you submit to them on their website.

We accept debit and credit cards, electron and maestro cards but we do not accept American Express.

Refund Policy: A refund may be necessary if a payment has been made to us in error via MyTSP. If  a refund should be made we can only process a refund once the original payment has cleared into our bank account, which can take between 2 and 5 working days. It is also likely that a refund will take a similar time to process back into the account from which it came.  Any refund will be made to the card from which payment was made.

Other payment arrangements are available and details will be provided to our clients through our Terms & Conditions and other client care and retainer material.

Assistance: If you need any assistance with or have a query about a payment you have made or if a payment has been made in error, please contact our accounts team at accounts@tsplegal.com or by telephone at 01206 574431.