Privacy Policy

DATA PROTECTION AND PRIVACY POLICY

Introduction

Tyndel Solicitors (“Tyndel Solicitors Ltd”) is a private legal practice.

We value the privacy of our clients; therefore, our utmost priority is the protection of your personal data. This policy explains how we intend to use and protect your data and clarify your legal rights regarding your data.

  1. About this policy

This policy aims to clarify how we collect and process your personal data, including any data provided when you instruct or request information from us and as a result of your relationship with any of our clients or the use of our website.

We encourage you to read this policy together with our business terms, which was provided to you when you instructed us to be fully aware of how and why we use and store your data.

Controller

Tyndel Limited is the controller and responsible for your personal data (collectively referred to as “we”, “us” or “our” in this policy).

A data protection officer has been appointed to oversee the operation of this policy. Should you have any question concerning how to exercise your legal right about it, please contact us using the details below:

Contact details

Our full details are:

Full name of legal entity: Tyndel Limited Trading as Tyndel Solicitors

Name or title of DPO: Data Managing Officer

Email address: [email protected]

Postal Address: 502B London Road, Westcliff On Sea, SS0 9LD

Clients Consultations: Office 4571, 58 Peregrine Road, Hainault, Ilford, London, IG6 3SZ Telephone number: 02081543131

Please, if there is any need to make a complaint regarding the use of your data, we would appreciate the chance to contact us first to try to make things right. However, please note that you have the right to make a complaint to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk).

Your duty to inform us of changes

This policy sets your rights under the GDPR. It is essential to keep us updated about your data changes during your relationship with us so that the information we hold about you can be accurate.

  1. About the data we collect about you

We may collect, use, store, and transfer different kinds of personal data about you which we have grouped as follows:

  • Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
  • Contact Data includes billing address, delivery address, email address and telephone numbers.
  • Financial Data includes bank account and payment card details.
  • Transaction Data includes details about payments to and from you.
  • Communications Data includes communication preferences.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, genetic and biometric data). Nor do we collect any information about criminal convictions or offences.

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 legal advice). In this case, we may have to terminate our contract with you, but we will notify you if this is the case at the time.

  1. How your personal data is 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 Data by corresponding with us by post, phone, email or otherwise. It includes personal data you provide when you instruct us to provide legal services and give us feedback.
  • Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:
  • Technical Data from search information providers such as Google based outside the EU;
  • Identity and Contact Data from publicly availably sources such as Companies House and the Electoral Register based inside the EU;
  • Financial Data from credit reference agencies and credit ID checking agencies.
  1. 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 data in the following circumstances:

  • Where we need to perform the contract we are about to enter into or have entered into with you; or
  • 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; or
  • Where we need to comply with a legal or regulatory obligation.

Generally, we do not rely on consent as a legal basis for processing your personal data other than 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

In a table format, we have set out a description of all the ways we plan to use your 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 data for more than one lawful ground depending on the specific purpose of using your data. Please contact us if you need details about the specific legal ground we rely on to process your data where more than one ground has been set out in the table below.

Purpose/Activity

Type of data

Lawful basis for processing including the ground of legitimate interest

To register you as a new client.

(a) Identity

(b) Contact

Performance of a contract with you

To provide legal services including:

(a) Manage payments, fees

(b) Collect and recover money owed to us

(a) Identity

(b) Contact

(c) Financial

(d) Transaction

(e) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary for our legitimate interests (to recover debts due to us)

To manage our relationship with you which will include:

(a) Notifying you about changes to our terms or data protection policy

(b) Asking you to leave a review, testimonial or take a survey

(a) Identity

(b) Contact

(c) Profile

(d) Marketing and Communications

(a) Performance of a contract with you

(b) Necessary to comply with a legal obligation

(c) Necessary for our legitimate interests (to keep our records updated and to study how clients use our services)

To administer and protect our business.

(a) Identity

(b) Contact

(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)

(b) Necessary to comply with a legal obligation

To make suggestions and recommendations to you about services that may be of interest to you.

(a) Identity

(b) Contact

(c) Technical

(d) Usage

(e) Profile

Necessary for our legitimate interests (to develop our services and grow our business)

Marketing

We strive to provide you with choices regarding specific 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. It is how we decide which services may be relevant for you (we call this marketing).

You will receive marketing communications from us if you have requested information from us or received legal services from us and in each case, you have not opted out of receiving that marketing.

Third-party marketing

We will get your express opt-in consent before sharing your personal data with any company outside of Tyndel Solicitors for marketing purposes.

Opting out

You can ask third parties or us to stop sending you marketing messages 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 due to any legal service provided to you.

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 explain how the new purpose’s processing is consistent with the original purpose, please contact us.

If we need to use your 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 data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

  1. Disclosures of your personal data

We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above:

  • our clients, your professional advisers and your employers or place of business;
  • third parties involved in the provision of services to clients including barristers, local counsel and other professional advisers;
  • our professional advisers, auditors and insurers;
  • third party services providers to whom we outsource services, for example, archival, auditing, reference checking, professional advisory (including legal, accounting, financial and business consulting), IT support, mailing house, delivery, technology, website, social media, research, banking, payment, client contact, data processing, insurance, forensic, litigation support, data room, marketing and security services;
  • third parties with whom we have co-promotional arrangements (such as jointly sponsored events);
  • third parties which carry out research and analysis of our services and products on our behalf;
  • regulatory authorities, courts, tribunals, government agencies and other law enforcement agencies;
  • third parties to whom we may choose to sell, transfer, or merge parts of our business or assets. Alternatively, we may seek to acquire other companies or merge with them. If a change happens to our business, then the new owners may use your data in the same way as set out in this privacy notice.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your data for their purposes and only permit them to process your data for specified purposes and under our instructions.

  1. International transfers

We do not transfer your personal data outside the European Economic Area (EEA).

  1. Data security

We have implemented appropriate security measures to prevent your data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. Besides, we limit access to your personal data to those employees, agents and other third parties who have a business need to know. They will only process your data on our instructions and they are subject to a duty of confidentiality.

We have put 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.

  1. Data retention

How long will you use my personal data?

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including to satisfy any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements. Personal information provided in connection with our legal services will be retained for no longer than fifteen years unless we agree otherwise with you.

  1. Your legal rights

Under certain circumstances, you have rights under data protection laws concerning your personal data. You have the right to:

Request access to your personal data (commonly known as a “data subject access request”). It enables you to receive a copy of the personal data we hold about you and check that we are lawfully processing it.

Request correction of the personal data that we hold about you. It 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 information you provide to us.

Request erasure of your personal data. It enables you to ask us to delete or remove personal data where there is no good reason for us to continue 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 your personal data where we rely on a legitimate interest (or those of a third party) and there is something about your particular situation that makes you want to object to processing on this ground as you feel it impacts 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 overrides your rights and freedoms.

Request restriction of processing of your personal data. It enables you to ask us to suspend the processing of your personal data in the following scenarios:

  1. If you want us to establish the data’s accuracy.
  2. Where our use of the information is unlawful but you do not want us to erase it.
  3. 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.
  4. You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or a third party. We will provide you or a third party you have chosen your data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact us.

No fee is 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 unfounded, repetitive or excessive. Alternatively, we may 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 confirm your identity and ensure your right to access your data (or exercise any of your other rights). It 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 about your request to speed up our response.

Time limit to respond.

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is incredibly complex or you have made several requests. In this case, we will notify you and keep you updated.

  1. Glossary LAWFUL BASIS

Legitimate interest means our business’s interest in conducting and managing our business to enable us to give you the best service 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 data for our legitimate interests. We do not use your data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you regarding specific activities by contacting us.

Performance of Contract means processing your data where it is necessary for a contract’s performance to which you are a party or to take steps at your request before entering into such a contract.

Comply with a legal or regulatory obligation means processing your data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.