Privacy Notice

Privacy Policy of Tozers LLP and Tozers Trust Corporation Limited

Introduction

This Policy sets out the basis on which we as a Data Controller shall use any personal information we receive from you, whether through the website or otherwise, when you interact with us.

Your data will be controlled by the entity of Tozers LLP and/or Tozers Trust Corporation Limited that you have instructed or that is providing services to you or communicating to you and each such entity is regarded as an independent data controller of your personal data.

This Notice applies to Tozers LLP and/or Tozers Trust Corporation and hereafter we will refer to them as Tozers in this document.

We reserve the right to change this Policy from time to time and in such cases, a revised Policy will be posted on our website. Please check back frequently to see any updates or changes to our Notice.

Questions, comments and requests regarding this Privacy Policy should be addressed to privacy@tozers.co.uk for the attention of the Tozers’ Privacy Officer. Alternatively, please phone us on 01392 207020 and ask to speak to the Tozers’ Privacy Officer or write to the Tozers’ Privacy Officer at Broadwalk House, Southernhay West, Exeter, EX1 1UA.

Whose data do we hold ?

The people for whom we may hold data about include –
Clients and prospective clients
Beneficiaries under a Trust or Will that we are administering
Suppliers
Professional experts
Complainants and enquirers
Employees and prospective employees

Please note this list is not exhaustive.

What data will we collect?

We will only collect information from you that is relevant to the matter or issue that we are dealing with. In particular, we may collect the following information from you which is defined as ‘personal data’ –
Personal details
Family, lifestyle and social circumstances
Financial details
Business activities of the person whose details we are processing.

Please note this list is not exhaustive.

We may also collect information that is referred to as being in a ‘special category’. This could include –
Physical or mental health details
Racial or ethnic origin
Religious beliefs or other beliefs of a similar nature
Sexual orientation

Please note this list is not exhaustive.

We may also collect information relating to criminal convictions and offences.

We also collect, use and share aggregated data such as statistical or demographic data. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your data concerning your use of our website to calculate the percentage of users accessing a specific website feature. However, if we combine or connect aggregated data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Notice.

If any of the personal data that you have provided to us changes, for example if you change your email address or if you wish to cancel any request you have made of us, or if you become aware we have any inaccurate personal data about you, please let us know by sending an email to privacy@tozers.co.uk for the attention of the Tozers’ Privacy Officer.
We will not be responsible for any losses arising from any inaccurate, inauthentic, deficient or incomplete personal data that you provide to us.

Information about other people

If you provide information to us about any person other than yourself, your employees, counterparties, your advisers or your suppliers, you must ensure that they understand how their information will be used, and that they have given their permission for you to disclose it to us and for you to allow us, and (if applicable) our outsourced service providers, to use it.

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 for example the contract we have or are trying to enter into with you (for example, to provide you with our services). In this case, we may have to stop acting/cancel your instructions to us but we will notify you if this is the case at the time.

Basis for processing

The basis on which we process your personal data is one or more of the following –
It is necessary for the performance of our contract with you
It is necessary for us to comply with a legal obligation
It is in our legitimate interests to do so
You have given us your consent (this can be withdrawn at any time by you advising the Tozers’ Privacy Officer)

How will we use your data ?

We may use your information for the following purposes –
Provision of legal services including advising and acting on behalf of clients
Promotion of our services
Provision of education and training to clients and prospective clients
Maintaining accounts and records
Supporting and managing staff

Please note this list is not exhaustive.

Marketing

We may use your personal 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 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 purchased services from us or if you provided us with your details when you entered a competition or registered for a promotion and, in each case, you have not opted out of receiving that marketing.

Third-party marketing

We do not provide your personal data to third parties in order for them to market their services to you.

Opting out of marketing

You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or 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 services we are providing to you.

Who will we share your information with ?

Under The Code of Conduct laid down by The Solicitors Regulation Authority there are very strict rules about who we can share your information with and this will normally be limited to other people who will assist us with the matters and issues we are dealing with. This may include –
Barristers
Medical Experts
Mediators
Process Servers
Courts and Tribunals
Healthcare professionals, Social and Welfare organisations
Certainty The National Will Register
Lexcel/ISO Assessors
HM Revenue and Customs
Credit Reference Agencies
Fraud Prevention Agencies
Regulators and other like Authorities

Please note this list is not exhaustive.

Where you authorise us we may also disclose your information to the likes of your family, associates or representatives, to companies/businesses you ask us to share your data with.

We may also share your personal data if Tozers’ corporate structure changes in future (for example, selling/buying a part or all of our business).

How long will we keep your information for ?

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements and, where required for Tozers to assert or defend against legal claims, until the end of the relevant retention period or until the claims in question have been settled.

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.

If you want to learn more about our specific retention periods for your personal data established in our retention policy you may contact the Tozers’ Privacy Officer.

Upon expiry of the applicable retention period we will destroy your personal data in accordance with applicable laws and regulations.

Transfers to third countries

We may from time to time transfer your personal data to a country outside of the EEA.

Normally this will be for the performance of your contract with us or for the exercise or defence of legal claims on your behalf. Sometimes we may transfer for other reasons and we will ensure that appropriate safeguards are in place at all times.

Security arrangements

Using appropriate technical and organisational measures, we shall ensure that all the information you provide to us is kept secure.

In the event of a personal data breach, we have in place procedures to seek to ensure that the effects of such a breach are minimised and as appropriate we shall liaise with The Information Commissioner and you.

Any transmission of personal data from you to us before it reaches us is at your own risk.
This reflects the fact that the transmission of information via the internet is not completely secure.

What rights do you have ?

You have various rights with respect to our use of your personal data:

Access: You have the right to request a copy of the personal data that we hold about you. There are exceptions to this right, so that access may be denied if, for example, making the information available to you would reveal personal data about another person, or if we are legally prevented from disclosing such information. You are entitled to see the personal data held about you. If you wish to do this, please contact us using the contact details provided herein.

Accuracy: We aim to keep your personal data accurate, current, and complete. We encourage you to contact us to let us know if any of your personal data is not accurate or changes, so that we can keep your personal data up-to-date.

Objecting: In certain circumstances, you also have the right to object to processing of your personal data and to ask us to block, erase and restrict your personal data. If you would like us to stop using your personal data, please contact us using the contact details provided herein. The exercise of this right may mean we cannot perform the services needed to be performed and it could mean we will need to stop acting.

Porting: You have the right to request that some of your personal data is provided to you, or to another data controller, in a commonly used, machine-readable format.

Erasure: You have the right to erase your personal data when the personal data is no longer necessary for the purposes for which it was collected, or when, among other things, your personal data have been unlawfully processed. We will deal with your request free of charge but we reserve the right to refuse to erase information that we are required to retain by law or regulation or that is required to exercise or defend legal claims.

Complaint: You have the right to complain about the processing of your personal information. Please contact us using the details supplied above. If you are still dissatisfied you have the right to complain to The Information Commissioner (www.ico.org.uk) at Wycliffe House, Water Lane, Wilmslow, SK9 5AF, telephone 0303 123 1113.

You may, at any time, ask for the exercise of any of the above rights, by contacting us together with a proof of your identity, i.e. a copy of your ID card, or passport, or any other valid identifying document.

Right to withdraw consent

If you have provided your consent to the collection, processing and transfer of your personal data, you have the right to fully or partly withdraw your consent. To withdraw your consent please follow the opt-out links on any marketing message sent to you or contact us using the contact details.

Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose(s) to which you originally consented unless there are compelling legitimate grounds for further processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims. Withdrawal of consent to receive marketing communications will not affect the processing of personal data for the provision of our legal services. However, withdrawal of consent may in some circumstances mean we will not be able to provide any of the service that had been planned.

Cookies

In order to facilitate use of this website, we use ‘cookies’. A cookie is a small text file sent by our server to a user’s web browser which enables the server to collect information from the browser. This helps us to monitor the use of the website and users’ browsing patterns, to build up a demographic profile and to review, improve and customise the website’s content and layout (on the basis of data which is totally anonymous and cannot be linked to an individual user). It also assists you to use this website more efficiently (for example, by ensuring your computer is in the same session while you browse from page to page and enabling you to change your personal details easily and to complete more than one form on the website without re-entering your details).

There are two types of cookies – ‘session cookies’ which remain in the cookie file in a user’s browser during the session but are erased once the browser is closed; and ‘persistent cookies’ which remain on a user’s hard drive for an extended period (although they can be removed by the user – see https://support.microsoft.com/en-us/help/260971/description-of-cookies).

When a user accesses the website, information will be temporarily stored in a cookie until the session has been completed (a session cookie). For more information about the cookies used on our site see our Cookies Policy.

May 2018