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Your Lawyers Limited Privacy Notice

"Your Lawyers Limited (“YLL”) offer a range of legal services to individuals covering a broad spectrum of civil claims including personal injury, consumer law, data breaches and multi-party actions."

A core element of our business practice is the processing of personal data. We are unable to deal with claim enquiries or progress legal claims without processing personal data.

In dealing with your enquiry and in pursuance of your claim, personal data will be held by Your Lawyers Limited (“YLL”) of 18 Prospect House, Colliery Close, Staveley, Chesterfield, S43 3QE, and we shall determine the purpose and means by which that personal data is processed. We are a data controller within the meaning of the Data Protection Act 1998 (“DPA”) and the General Data Protection Regulations 2018 (“GDPR”). The firm has a dedicated Data Protection Officer; Steven Brooks. This document explains our role as a data controller and the personal data that will be processed in pursuance of your claim.

The GDPR provides the following rights for individuals:

  • The right to be informed
  • The right of access
  • The right to rectification
  • The right to erasure
  • The right to restrict processing
  • The right to data portability
  • The right to object
  • Rights in relation to automated decision making and profiling.

It is important to note that the rights available to you under the GDPR depend upon the lawful bases for which we process the personal data. As such, not all rights are available to you.

This document explains your rights and explains about the collection and use of your personal data.

We reserve the right to update this Privacy Information Notice periodically. You should check this policy occasionally to ensure you are aware of the most recent version.

What Personal Data is collected?

We may collect various types of personal data when you contact/instruct us in pursuance of, or in contemplation of pursuing, a legal claim. The personal data that we collect is limited to that which is required for us to advise you on pursuing a legal claim and in order to fulfil our contractual obligations to you. Personal data will be collected by us on any person who contacts us in contemplation of pursuing a legal claim, whether we represent you in relation to the claim or not.

We collect personal data in accordance with the applicable data protection laws and our other statutory obligations.

Personal data includes your full name, your home address, your contact email and telephone numbers. Other personal data such as financial information and health information may be obtained if relevant to the claim that is being pursued.

The personal data collected is limited to that which is required for us to fulfil our contractual obligations to you and we will not collect personal data beyond what is reasonably required to pursue your individual claim. The personal data collected for persons whom make an enquiry with us but, for whatever reason, do not pursue a legal claim with us, shall be limited to that which is reasonably required to deal with the individual enquiry. Such personal data will be retained by us in accordance with our retention policy. We may retain your data beyond the periods set out in our retention policy, in a suppressed form, in order to contact you about the services that we offer and those of other companies that we work with.

Those persons who visit one of our websites but subsequently do not pursue a claim will have limited personal data collected. That data will be limited to:

  • Your IP address. Your “IP Address” is a designator that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP)
  • Your specific activities when visiting one of our websites
  • The name of the browser you use when visiting one of our websites

We record our telephone calls so any personal information that is provided to us during a telephone call with us will be collected.

In cases involving children or patients where a Litigation Friend is appointed, the collection and processing of personal data will include that of the Litigation Friend in addition to the child/patient. Similarly, in cases being pursued on behalf of an Estate or where an Personal/Authorised Representative is instructed, the collection and processing of personal data will include that of the Estate, the deceased and the Personal/Authorised Representative.

By contacting us/instructing us in relation to the legal services that we offer, you are agreeing to us contacting you by post, telephone, email and SMS in relation to your enquiry, your legal claim and in relation to the services that we offer. You can opt-out of receiving contact from us in relation to the services that we offer and those of other companies that we work with at any time by providing us with notice in writing by post or email.

The personal data that is collected may amount to sensitive personal data

Sensitive personal data that we may obtain in pursuance of a claim could include, depending on the type of claim:

  • Physical or mental health details
  • Racial or ethnic origin
  • Gender and sexual orientation
  • Trade union membership
  • Offences (including alleged offences)
  • Religious or other beliefs of a similar nature
  • Criminal proceedings, outcomes and sentences

Other sources of personal data collection

Personal data may also be collected on you from the following sources:

  • Engagement with us via the LiveChat facility
  • Registering details on our websites
  • Visiting our websites
  • Contacting us via email
  • Contacting us via SMS text message or WhatsApp
  • Contacting us via one of our social media platforms
  • Corresponding with us by post
  • Corresponding with us by fax

Upon visiting our websites, we will use third party service providers to collect technical information from your device, including standard internet log information such as the Internet Protocol (IP) address, your browser type and version, and certain page interaction information.

Why do we need your personal data?

The collection and processing of personal data is a core part of our business. Without it, we could not operate. There are various reasons why we need your personal data, which we explain below.

The purposes for which your personal data is collected is:

  • Dealing with a claim enquiry;
  • Pursuing a legal claim;
  • Deal with any complaints;
  • Provide you with information about the services we offer;
  • Analyse the usage of our websites;
  • Defending legal claims.

In order for us to deal with claims enquiries and pursue legal claims, we need to collect and process personal data. We are unable to provide you with our services without processing your personal data.

In order to pursue a legal claim, we are required to collect and process personal data in order to pursue the claim. The personal data collected is limited to that which is required for us to fulfil our contractual obligations to you. We collect personal data in accordance with the applicable data protection laws and our other statutory obligations. The processing of your personal data is necessary to establish and exercise a legal claim. This may include processing categories of sensitive information, outlined in this document, particularly when pursuing a claim for personal injury as this will often involve the obtaining of certain classes of records; medical records for example. Your data will be retained in accordance with our retention policy.

Your personal data will also be held when you contact us in contemplation of pursuing a legal claim, whether or not the claim proceeds. For all enquiries where we do not subsequently represent you, your personal data will be retained by us in accordance with our retention policy. Our reason for retaining such information is in order to defend any legal claim pursued against us. We may retain your information beyond our retention period in a suppressed form in order to contact you in relation to the services that we offer and those of other companies that we work with. You can opt-out of receiving such contact by contacting us by post or email.

How we process your data:

For claim enquiries, the processing of data will be limited to considering the merits of the proposed case and advising you as to whether we are prepared to represent you in pursuance of the proposed claim and in contacting you in relation to the services that we offer and those of other companies that we work with.

The processing of your data in pursuance of a legal claim takes various forms which may include, but not be limited to:

  • Notifying a Defendant of the claim
  • Instructing an expert to prepare a report
  • Obtaining medical records
  • Obtaining other classes of records
  • Obtaining earnings related information
  • Issuing Court Proceedings
  • Retaining information about you in accordance with our retention policy
  • Contacting you in relation to the services that we offer;
  • Defending legal claims.

As such, your personal data will be shared with various others in pursuance of your legal claim. The sharing of such personal data will be limited to only those who needs to receive the data in order for us to pursue the legal claim on your behalf and the data will be limited to what reasonably needs to be shared with that person/party in pursuance of your legal claim. You can reasonably expect in pursuing a legal claim that personal data may be shared with the following parties:

  • The Opponent and their insurer/legal representatives
  • The Court
  • A medical agency
  • A medical expert or other expert witness
  • Barrister
  • Witnesses
  • Department for Work and Pensions
  • HMRC
  • Employer (past and present)
  • Other Parties related to the case - for example, enquiry agents, previous Solicitors’ firms or treatment providers

We do not use your personal data in connection with any automated decision making process, including profiling.

Lawful basis for processing your personal data

In order to process your personal data, we must have a lawful basis for our processing activities.

For Claim Enquiries

For persons who have contacted us to enquire as to pursuing a claim but, for whatever reason, we have not subsequently been instructed to represent you, we rely upon the lawful basis of legitimate interest. Certain personal data is required in order for us to assess the merits of your proposed claim and make a decision as to whether or not it is something that we would be prepared to represent you in relation to. We therefore have a legitimate interest in collecting that personal data in order to deal with your enquiry.

We have a legitimate interest in retaining that personal data even if the claim is rejected by us or we do not, for whatever reason, represent you in relation to the proposed claim. Our basis for that interest is in order to defend any subsequent legal claim which may be brought against us. Your personal data will be held in accordance with our retention policy.

We have a legitimate interest in retaining your personal data in order to contact you with regards to the services we offer and those of other companies that we work with. You have the right to opt-out of receiving communications from us pertaining to our services and those of other companies that we work with.

For clients

For our clients, we rely upon two lawful bases for processing personal data; contract and legitimate interest.

By providing instructions for Your Lawyers to act and represent you in relation to your claim, you have entered into a contract with for legal services. Your Lawyers need to process your personal data in order to fulfil our contractual obligations to you; that is in order to represent you in pursue your claim. The processing of personal data in pursuance of a claim is necessary as the contract cannot be fulfilled in absence of processing personal data. As such, if you enter into a contract with us for us to provide legal services and fail to provide personal data to allow us to progress the case, you would be in breach of the agreement entered into with us.

We have a legitimate interest in processing your personal data in pursuance of the claim, whether a client or not. A claim cannot be pursued without the processing of personal data, as identified above. The personal data which we will process shall be confined to what is reasonably required in pursuance of the claim. The necessity to process personal data in pursuance of a claim is one which cannot be achieved in any other way so as to avoid the need to process personal data. The processing is necessary to establish and exercise a legal claim.

We have a legitimate interest in retaining your personal data in order to contact you with regards to the services we offer and those of other companies that we work with. You have the right to opt-out of receiving communications from us pertaining to our services and those of other companies that we work with.

Transfer of your data outside of the European Economic Area

The GDPR imposes restrictions on the transfer of personal data outside the European Union, to third countries or international organisations. These restrictions are in place to ensure that the level of protection of individuals afforded by the GDPR is not undermined.

From time to time we may engage with the services of a US company named MailChimp which provides email services. Your personal data may be shared with MailChimp in progression of your claim. MailChimp have their own duties and responsibilities under the GDPR and, as a US company, are subject to stringent levels of data protection. By contacting us/instructing us, you are agreeing for us to use the services of MailChimp if we consider it appropriate to do so. You may contact us to tell us that you do not wish for us to use MailChimp at any time.

We offer a LiveChat facility on our websites. LiveChat is a US based company who have their own duties and responsibilities under the GDPR and, as a US company, are subject to stringent levels of data protection. Information provided by you via the LiveChat facility will be collected and processed by us under our lawful bases for processing personal data. If you do not wish for your data to be collected via LiveChat, please do not use the LiveChat facility.

We may utilise file storage facilities such as Dropbox, Google Drive and Microsoft One Drive. These are US based companies, that are subject to stringent levels of data protection. By instructing us you are agreeing for us to use those services if we consider it appropriate to do so. You may contact us to tell us that you do not wish for us to use those services at any time.

The Internet is a global medium and your information may therefore be transferred outside the European Economic Area (EEA) en route. Your information may be transferred to any country, including countries outside the EEA where the transfer is necessary for the purposes of establishing, exercising or defending legal rights, obtaining legal advice, or in connection with any legal proceedings.

Data Retention

For Enquiries

Personal data may be retained for a period of a minimum of fifteen years following your initial contact with us. The purpose of our retention of such data is in order to defend any legal claim which may be pursued against us.

Personal data may be retained by us beyond this retention period for the purpose of contacting you in relation to the services that we offer; such contact may be made by us or by agents acting on our behalf. Your data will be suppressed at the fifteen-year point so that only your contact information remains for the purpose of such contact. You have the right to opt-out of receiving such communications but choosing to opt-out of communications relating to the services that we offer, and those of other companies that we work with, does not prevent us from retaining your personal data for fifteen years in accordance with our retention policy.

For clients

Personal data may be retained by us for a minimum period of fifteen years following settlement of your claim (including costs). Settlement of your legal claim means that the claim has been finally decided in your favour where your opponent has not appealed, has lost the right to appeal or has exhausted all avenues of appeal. If your claim is lost or discontinued, the retention period will run from the date of finalisation of the claim which will include any appeal up to the point where all avenues of appeal have been exhausted and settlement of any costs entitlement to the opponent.

Personal data may be removed from our case management system after case settlement. Such case data will remain secure for at least fifteen years prior to being securely erased, save for the retention of suppressed data as explained below.

These retention periods above apply to any claim/proposed claim which, for whatever reason, we do not pursue on your behalf. Your personal data is retained in these circumstances is in order to defend any legal claim which may be pursued against us. The fifteen-year period will commence from the time on which you contact us.

For claims on behalf of minors, the retention period will be fifteen years from the date of majority.

The retention periods for personal data are reasonable based upon the nature of our business. Any claim pursued against us carries with it a six-year limitation period. However, such a claim may be pursued on a date of knowledge basis which may extend beyond the normal limitation period and has a fifteen-year longstop. As such, we have conducted a balancing act between the rights of the individual and our interests in retaining the data. We consider fifteen years to be a reasonable retention period to ensure that our position is not prejudiced in relation to the defence of a legal claim and that, as the impact on the individual will be minimal, the retention periods that we have in place are suitable for all Parties.

Personal data may be retained by us beyond this retention period for the purpose of contacting you in relation to the services that we offer; such contact may be made by us or by agents acting on our behalf. Your data will be suppressed at the fifteen-year point so that only your contact information remains for the purpose of such contact. You have the right to opt-out of receiving such communications but choosing to opt-out of communications relating to the services that we offer, and those of other companies that we work with, does not prevent us from retaining your personal data for fifteen years in accordance with our retention policy.

Security

We seek to use reasonable organisational, technical, and administrative measures to protect your personal information within our organisation from loss, misuse, unauthorized access or disclosure, alteration and/or destruction. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify our Data Protection Officer using the contact details listed at the end of this Privacy Policy.

Cookies

We use standard technology called ‘cookies’ on our website. Cookies are small pieces of information that are stored by the browser on your computer’s hard drive and they are used to record how you navigate websites on each visit.

For further information on how we use cookies, please see our Cookies Policy.

Your rights

Under the GDPR, you have a number of important rights regarding your personal information. Not all of the rights contained within the GDPR are applicable to you based upon the lawful bases for which we process data. As such, your rights under the GDPR are as follows:

Right to be Informed

You have the right to be informed about the collection and use of personal data. This document fulfils our obligation to tell you about these matters.

Request access to personal information

You have the right to access your personal data. This is known as a “subject access request”. You can make a subject access request verbally or in writing.

We normally have one month in which to respond to such a request but we can extend this time period in certain circumstances. We are not entitled to charge a fee save in certain circumstances. If we refuse your request or require longer to respond than one month and/or consider a fee applies, we shall contact you in advance.

Request inaccurate information to be reviewed and corrected;

You have a right to have inaccurate personal data rectified or completed if it is incomplete. You can make a request for rectification verbally or in writing. We can refuse to comply with a request for rectification if the request is manifestly unfounded or excessive, taking into account whether the request is repetitive in nature.

We normally have one month in which to respond to such a request but we can extend this time period in certain circumstances. We are not entitled to charge a fee save in certain circumstances. If we refuse your request or require longer to respond than one month and/or consider a fee applies, we shall contact you in advance.

Right to Erasure

The right to erasure is also known as ‘the right to be forgotten’. This right is not absolute and is not available where processing is necessary for the establishment, exercise or defence of legal claims

Personal data will be erased in accordance with our retention policy.

Request a restriction to the processing of personal information

You have the right to request the restriction or suppression of your personal data. You can make a request for restriction verbally or in writing.

We normally have one month in which to respond to such a request but we can extend this time period in certain circumstances. We are not entitled to charge a fee save in certain circumstances. If we refuse your request or require longer to respond than one month and/or consider a fee applies, we shall contact you in advance.

Right to Object to the processing of personal information or the continued processing of personal information (only clients have this right)

Under the GDPR you have the right to object to the processing of your personal data. This effectively allows you to ask us to stop processing your personal data. However, the right to object only applies in certain circumstances.

We normally have one month in which to respond to such a request but we can extend this time period in certain circumstances. We are not entitled to charge a fee save in certain circumstances. If we refuse your request or require longer to respond than one month and/or consider a fee applies, we shall contact you in advance.

Right to portability of data

The right to data portability allows you to obtain and reuse your personal data for your own purposes across different services. It allows you to move, copy or transfer personal data easily from one IT environment to another in a safe and secure way, without affecting its usability. The right only applies to information you have provided to us.

We normally have one month in which to respond to such a request but we can extend this time period in certain circumstances. We are not entitled to charge a fee save in certain circumstances. If we refuse to your request or require longer to respond than one month and/or consider a fee applies, we shall contact you in advance.

There is no right to withdraw consent in relation to our processing activities under the legal bases which we rely upon. Any insistence that we cease our processing activities would prevent us from fulfilling our contractual obligations to you and leave you in breach of the agreement entered into with us.

You have the right to opt-out of receiving any communication from us relating to our services and those of other companies that we work with.

If you wish to make a request in relation to any of these rights, you can do so by:

  • emailing: dataprotection@yourlawyers.co.uk, or;
  • writing to the Data Protection Officer at Your Lawyers Limited, 18 Prospect House, Colliery Close, Chesterfield, S43 3QE.

If you consider that the information that we hold on you is inaccurate, you may also contact us by telephone on 01246 474 487 and ask to speak with the Data Protection Officer.

You have the right to lodge a complaint with the Information Commissioner’s Office (“ICO”). The ICO are the UK’s independent authority set up to uphold information rights in the public interest, promoting openness by public bodies and data privacy for individuals.

Accountability and Governance

We take data protection and protecting our client’s data extremely seriously.

Our contact details are:

Your Lawyers Limited
18 Prospect House
Colliery Close
Chesterfield
S43 3QE
Tel: 01246 474 487
Email: dataprotection@yourlawyers.co.uk
Data Protection Officer: Steven Brooks

Should you feel the need to make a complaint in relation to any aspect of the processing of your personal data or our handling of personal data, you can do so via our Complaint Handling Procedure. Complaints will be investigated be the firm’s Complaints Manager and Data Protection Officer.

We have in place various processes, policies and logs to ensure compliance with our duties as a data processor.

We ensure a good level of understanding and awareness of data protection amongst our staff, implement comprehensive but proportionate policies and procedures for handling personal data and we keep records of what we do and why.

Further, we have implemented technical and organisational measures to ensure, and demonstrate, compliance with the GDPR. Those measures are risk-based and proportionate and are reviewed and updated as necessary.

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Your privacy is extremely important to us. Information on how we handle your data is in our Privacy Policy.
You have the right to object to the processing of your personal data.