Bates & Mountain Solicitors - Privacy Notice

1.        Who are we?

Bates & Mountain Solicitor ("We") are committed to protecting and respecting your privacy.

This policy sets out the basis on which any personal data we collect from you or that you provide to us, whether via our website or otherwise, will be processed by us.  Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

For the purpose of UK and European data protection and e-privacy legislation (Data Protection Legislation), the data controller is Bates and Mountain Solicitors. Our address is Bates & Mountain Solicitors, The Old Courthouse, 42 Brighowgate, Grimsby, North East Lincolnshire, DN32 0QW. We are registered with the Information Commissioner's Office for this purpose.

2.        Information we collect from you

We will collect and process the following data about you:-

1. Information you give us: This is information about you that you give us by filling in forms on our website or by corresponding with us by phone, e-mail or otherwise. It includes information you provide when you make an enquiry, request a quotation, make a payment, engage us to provide services, during the course of a legal matter and when you report a problem. The information you give us may include your name, position, company, contact details (such as address, e-mail address and phone number), your personal preferences, choices and requirements specific to particular requests or services, financial and credit card information, personal description and identification.
2. Information we collect about you: Currently, we do not collect information about you from our website.
3. Information we receive from other sources: This is information we receive about you if you use third parties. In this case, we will have informed you when we collected that data if we intend to share those data internally. We will also have told you for what purpose we will share and combine your data.

We are working closely with third parties (including, for example, business partners, accountants, sub-contractors in technical areas, credit reference agencies).

If you send us personal data about anyone other than yourself, you will need to ensure you have any appropriate consents and notices in place to enable you to transfer that personal data to us and so that we may use it for the purposes for which you provide it to us.

You should let us know if you believe the personal information we hold about you needs to be corrected or updated.

3.        Basis for collection and use of personal information

We will only collect, use and otherwise handle your personal information when:-

• We have your consent for specified, explicit and legitimate purposes; and/or
• It is necessary for our legitimate interests in connection with operating our website and our business, in particular:-
• responding to your queries;
• providing services and/or information to you;
• keeping in touch with you and/or your organisation;
• hosting and maintaining our website;
• preventing and detecting fraud and other criminal offences;
• ensuring network and information security;

So far as, these interests are in line with relevant law (in force at the time) and your legal rights and freedoms; and/or

• where this is necessary for legal obligations which apply to us (ie. processed for the purposes of verifying your identification, preventing money laundering and terrorist financing);
• where this is necessary for the performance of a contract we have with you (for example to provide goods and/or services to you) or that you have with a third party; and/or
• where this is necessary to take steps at your request prior to entering into a contract.

4.        How we use the information

We use information held about you in the following ways:

• Information you give to us - we will use this information;
• Information we receive from other sources - we will combine this information with information you give to us and information we collect about you. We will use this information and the combined information for the purposes set out in this privacy policy (depending on the types of information we receive), where those purposes are compatible;
• To satisfy your requests - to carry out our obligations arising from any contracts entered into between you and us (ie. the provision of legal services), respond to your queries and to provide you with the information that you request from us;
• To notify you about any changes to our service;
• To ensure that content from our website is presented in the most effective manner for you;
• If applicable, marketing and updates:-
• to provide you with information about other services we offer that are similar to those that you have already enquired about;
• where you have provided us with your contact details, to provide you with information about services we feel may interest you. This may be by post, telephone or electronic means (e-mail).

If you are a client, Counsel, supplier or referrer, we will only contact you by electronic means with information about services similar to those which were the subject of a previous legal matter where you instructed us or an enquiry made to us. If you do not want us to use your data in this way, please email enquiries@batesandmountain.com.

We may also use any personal information that you provide to us:-

• where legally permitted for specific purposes at the point of collection; and/or
• where we otherwise have a legal obligation for collection and use of your personal information (see 3 above).

If you choose not to provide personal information requested by us, we may not be able to provide you with the information and/or services you have requested or otherwise fulfil the purpose(s) for which we have asked for the personal information.

5.        Disclosure of information

Some services that we provide require the involvement of third parties. These third parties will be required to have similar measures in place to ensure that your personal information is adequately protected. You agree that we have the right to share your personal information with appropriate third parties (see below).

We may share your personal information with our third party service providers based in the UK or the European Economic Area ("EEA") who we engage to process the information in accordance with this privacy policy. We will let you know if we need to transfer your personal information to any third party service providers located outside of the EEA.

Where we use third party companies or individuals to process personal information provided by us, they only use this personal information on our behalf and in line with our instructions and this privacy policy.

We may share your personal information with selected third parties including (non-exhaustive):-

• business partners for the performance of any contract we enter into with you;
• expert witnesses and other professional advisers, including sometimes advisers appointed by another party to your matter;
• professional bodies, regulators, auditors and other organisations (ie. the Law Society, the Solicitors Regulation Authority, the Legal Aid Agency, our accounts etc);
• credit reference agencies for the purpose of assessing your credit score, where this may be a condition of us entering into a contract with you;
• electronic clarification of your identity, where this may be a condition of us entering into a contract with you.

We will disclose your personal information to third parties:-

• In the event that we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of such business or assets;
• If we are acquired by a third party, in which case personal data held by it about its clients will be one of the transferred assets;
• If we are under a duty to disclose or share your personal data in order to comply with and/or apply or enforce:-
• any legal obligation;
• our terms of business and other agreements;
• to protect the rights, property, or safety of Bates & Mountain Solicitors or our clients, or others. This includes exchanging information with other companies and organisations, regulators and law enforcement agencies for the purposes of preventing and detecting fraud, other criminal offence, credit risk reduction and/or to ensure network and information security.

We will never sell your personal data to anyone.

6.        How long will we store personal information?

It is our policy to retain your personal information for the length of time required for the specific purpose or purposes for which it was collected. Such purposes are set out in this privacy policy. Where you are a client, the period your information (including your personal data) will be retained is set out in our terms of business (ie. currently for not less than 6 years for non contentious matters and not less than 8 years for contentious matters) which are sent to you at the outset of the case. Please contact enquiries@batesandmountain.com, if you have not retained the same. We will also retain a record of your file ledger and other necessary personal information to comply with our obligations (ie. to carry out checks in relation to conflicts of interest). There may also be occasions where you agree or we are obliged to store some data for a longer time (ie. where a longer time period is required by applicable laws or, indefinitely, if you instruct us to store your Will/Deeds). In this case, we will ensure that your personal data will continue to be treated in accordance with this privacy policy.

7.        Where your information is stored

All information you provide to us is stored on our paper files and/or electronically on our secure servers. The transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted via our website or to us electronically is at your own risk. Once we have received your information, we have procedures in place (including a Cyber Security Policy) to try to prevent unauthorised access.

8.        Confidentiality

We acknowledge that the information you provide may be confidential. We will maintain the confidentiality of and protect your confidential information in accordance with all applicable laws

9.        Your rights

You have the right to ask us not to process your personal data for marketing purposes. We will inform you (when we collect your data) if we intend to use your data for such purposes. You also have the right to withdraw your consent and/or seek erasure of your personal data at any time. You can exercise your right to prevent such processing by letting us know when we collect your information, when returning your term of engagement letter or, subsequently by contacting us.

You have the right to request access to a copy of the personal information held by us (known as a Subject Access Request). Please note that this will not result in you getting a copy of your file as, under a Subject Access Request, you are only entitled to your personal data and not the documents that contain that data (this does not effect any entitlement contained within our terms of engagement letter). In order to comply with your request, we may ask you to verify your identity.  The information will be provided in writing. For any subsequent access request, you may be charged an administrative fee.

To obtain a copy of the personal information that we hold about you, please write to us at Bates & Mountain Solicitors, The Old Courthouse, 42 Brighowgate, Grimsby, North East Lincolnshire, DN32 0QW.

10.    Changes to the privacy policy

Any changes we make to our privacy policy in the future will be posted on our website and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our privacy policy.

11.    Complaints about the use of personal information

If you wish to raise a complaint on how we have handled your personal information, please write to us at Bates & Mountain Solicitors, The Old Courthouse, 42 Brighowgate, Grimsby, North East Lincolnshire, DN32 0QW.

If you are not satisfied with our response or believe we are not processing your personal information in accordance with the law, you are entitled to contact the Information Commissioner's Office (ICO).