Last updated: 2/11/2020

Introduction

SpainWilliams Limited takes your privacy very seriously. This privacy policy has been prepared in line with the EU’s General Data Protection Regulation (GDPR) which took effect on 25 May 2018. The GDPR promotes fairness and transparency for all individuals in respect of their personal data. This privacy policy applies to all data we process, and by using SpainWilliams Limited you consent to our collection and use of such data. If you would like to get in touch about anything in this policy or about your personal data then please contact Jo Spain our Data Protection Officer at jospain@spainwilliams.com

Contents

1. Data we collect
2. What personal data do we share with third parties and who are they?
3. Why do we share data outside of the EU
4. How do we keep your personal data secure?
5. Changes to our privacy policy and control
6. Your rights
7. About us

1. Data we collect

As a data controller we collect a variety of data in order to deliver our services. We use a service called PORT to ensure that we collect and manage your personal data transparently, fairly and securely. Whenever we collect Personal Information from you, we let you know and you will be able to access the following precise information:

• data we have collected from you
• the basis on which we are holding it (e.g. because you gave us consent)
• what we will do with it
• how long we will hold it for
• where it is stored
• who it might be shared with
• your rights in relation to the data, and
• information on how you can access and manage this data.

We have provided further detail below about the specific types of data we collect and our reasons for doing so.

1.1. What data do we ask you to provide to us, and why?

We collect the following data: Name, Email, Solicitor, Feedback and Service ratings, Comments, Permission to publish comments.

• We use this data to: Measure and improve quality of service
• We collect this data using the lawful basis: Consent

We collect the following data: Personal details, Relationship information, Children Information, Other dependants, Financial details.

• We use this data to: To document initial legal advice provided, To be able to deal appropriately with a complaint if required
• We collect this data using the lawful basis: Contract

We collect the following data: Personal details such as: names, telephone numbers, job title and email, postal addresses, date of birth, payment details, tax residence information, Financial details. Professional representation and support, Legal proceedings.

• We use this data to: To record client accounts, invoices, payments, and monies held in trust during the course of and after work undertaken., To comply with anti Money Laundering Legislation - must be held indefinitely in case of inspection, To have available for accountants for Solicitors Account Rules (SAR) annual audits
• We collect this data using the lawful basis: Legal Obligation

We collect the following data: Name, address, phone number, Email, other party's name and address, Children’s names and ages, marketing source, referral source, source, nature of matter, appointment date, office location.

• We use this data to: Required in order to undertake conflict searches (under Solicitors Accounts Rules), To meet Money Laundering compliance requirements
• We collect this data using the lawful basis: Legal Obligation

We collect the following data: Name, Email, Consent options

• We use this data to: Send articles and news by email
• We collect this data using the lawful basis: Consent

We collect the following data: Name, Risk Assessment, Risk Factor, ID Check: Passport, Photocard Driving Licence. Confirmation of Address documents: Recent Utility Bill, Gas, Electricity or Council Tax Bills, Letter Confirming Residence by Government Department, Bank/Building or Credit Card Statements, Letters from Hospital/Doctor

• We use this data to: To comply with anti Money Laundering and Terrorism Legislation - must be held indefinitely in case of inspection , To have available for accountants for Solicitors Account Rules (SAR) annual audits
• We collect this data using the lawful basis: Legal Obligation

We collect the following data: Personal details such as: names, telephone numbers, job title and email, postal addresses, date of birth, payment details, tax residence information,  Relationship information, Children Information, Other dependants, Preliminary financial outline, Professional representation and support, Legal proceedings. We may also collect special categories of more sensitive data such as race, ethnicity, religious beliefs, sexual orientation, political opinion, health, physical and mental health information, criminal convictions and/or offences.

• We use this data to: To undertake work for clients
• We collect this data using the lawful basis: Contract

We collect the following data: Supplier contact details.

• We use this data to: To manage supplies bought and services engaged from third party suppliers
• We collect this data using the lawful basis: Legitimate Interest

We collect the following data: Personal details, Relationship information, Children Information, Other dependants, Preliminary financial outline, Professional representation and support, Legal proceedings, Information about What to discuss. Aims in mediation.

• We use this data to: To provide mediation services
• We collect this data using the lawful basis: Consent

We collect the following data: Mediation client's financial details

• We use this data to: To provide an on the record Open Financial Statement/Summary of your financial circumstances which could be used in evidence in a court if required
• We collect this data using the lawful basis: Legal Obligation

We collect the following data: Summary of proposals discussed and decided in a mediation

• We use this data to: To provide a privileged summary of proposals discussed and decided in the mediation, outlining the context in which those proposals have been reached.
• We collect this data using the lawful basis: Legal Obligation

We collect the following data: C.V., work history, name, contact details, details of professional status, records and qualifications, referees, salaries and social media profiles.

• We use this data to: To process consultancy opportunities and job applications
• We collect this data using the lawful basis: Legitimate Interest

We collect and/or receive information and documentation provided to SpainWilliams by the other party within a family law case.

• We use this data to: undertake work for clients and within legal proceedings
• We collect this data using the lawful basis/bases: Legitimate interest and/or legal obligation

Such  information and documentation will only be disclosed to the following parties/entities:

1. SpainWilliams' client in the matter or an agent appointed by them to act upon their behalf.
2. The Court
3. The Official Solicitor
4. A third party Expert if required, such as (but not limited to) Pension Experts, Company Valuers, Forensic Accountants, Psychiatrists/Psychologists, Guardians, CAFCASS.

There are certain other situations in which we may also share access to such information and documentation; for example, if required by law, to protect the life of an individual, or to comply with any valid legal process, government request, rule or regulation.

1.2. What data do we collect when you visit our website, and why?

We collect cookies. Cookies are small pieces of data that websites send to a user's computer and are stored on the user's web browser. They are designed to enable the website to remember information, such as what a user might have put in a shopping cart for example.

2. What personal data do we share with third parties and who are they?

We share personal data with the following third parties:

Crowdsignal (formerly Polldaddy) - Data is transferred outside of the European Economic Area under the protection of appropriate safeguards: “entering into European Commission approved standard contractual arrangements.”

FastMail - Data is transferred outside of the European Economic Area to “countries such as the United States of America, Australia, India, that are subject to different standards of data protection” under the protection of appropriate safeguards such as the “use of EU approached Standard Contractual Clauses (“EU Model Clauses”) for controller to controller and /or controller to processor transfers from the EU/UK to jurisdictions, such as Australia who do not have an adequacy finding from the EU Commission.”

Google G-Suite - Data is transferred outside of the European Economic Area to United States under the protection of appropriate safeguards.

Webflow - Data is transferred outside of the European Economic Area to United States and is safeguarded by "Standard Contractual Clauses and other methods for transferring Personal Information to Webflow under the GDPR".

Osprey Approach - Data is not transferred outside of the UK.

Squareup Europe Limited - Data is transferred outside of the European Economic Area to United States, Canada, Japan, and other countries under the protection of appropriate safeguards such as “standard contractual clauses which have been approved by the European Commission”.

MailChimp - Data is transferred outside of the European Economic Area to “United States and anywhere else in the world where Mailchimp, its Affiliates or its Sub-processors maintain data processing operations” under the protection of appropriate safeguards such as “standard contractual clauses for processors as approved by the European Commission”.

Actionstep - Data is transferred outside of the European Economic Area under appropraite safegaurds to make such data transfers “outside the EEE compliant with the GDPR (e.g. EU Commission adequate protection decision, EU Commission template of data transfer outside of the EU, EU data protection authority-validated corporate binding rules).”

WeTransfer - Data is transferred outside of the European Economic Area under the protection of appropriate safeguards to ensure data enjoys a similar level of protection as it would within the EEA. For example, they will verify that the receiving partner is certified under EU-US Privacy Shield or will sign EU Standard Contractual Clauses.

Egress - Data may be transferred outside of the European Economic Area to United States and/or Switzerland under appropriate safeguards including: “the International Privacy Verification programme (IPV).”

Stripe - Data is transferred outside of the European Economic Area under the protection of appropriate safeguards: “one or more of the following mechanisms: EU Standard Contractual Clauses with a data recipient outside the EEA or the UK, verification that the recipient has implemented Binding Corporate Rules, or verification that the recipient adheres to the EU-US and Swiss-US Privacy Shield Framework.”

There are certain situations in which we may share access to your personal data without your explicit consent; for example, if required by law, to protect the life of an individual, or to comply with any valid legal process, government request, rule or regulation.

3. Why do we share data outside of the European Economic Area (EEA)

We may transfer personal data to a country outside of the European Economic Area (EEA), for example if a third party we share data with has servers located outside of the EEA. If this is the case we will ensure that either:

• There is a finding by the European Commission that the legal framework in place in that country, territory, sector or international organisation provides ‘adequate’ protection for individuals’ rights and freedoms for their personal data, or

• The transfer of data is covered by appropriate safeguards - often these are in the form of Standard data protection clauses adopted by the Commission known as ‘standard contractual clauses’ (sometimes as ‘model clauses’), or

• One of the ‘exceptions’ set out in Article 49 of the GDPR apply, one of these possible exceptions is that we obtain your explicit consent.

You can see above (in section 2.) where we send data outside of the EEA and on what basis we do so.

4. How do we keep your personal data secure?

We keep your data secure:

• by following internal policies of best practice and training for staff
• by encrypting personal data
• by using Secure Socket Layer (SSL) technology when information is submitted to us online

In the unlikely event of a criminal breach of our security we will inform the relevant regulatory body within 72 hours and, if your personal data were involved in the breach, we shall also inform you.

5. Changes to our privacy policy and control

We may change this privacy policy from time to time. When we do, we will change the date on this policy, notifying customers of only significant changes. We recommend that you review this policy from time to time and take note of any changes. By continuing to access or use our website and/or services after those changes become effective, you agree to be bound by the revised privacy policy.

6. Your rights

• the right to be informed about the collection and use of your personal data
• the right of access to your personal data and any supplementary information
• the right to have any errors in your personal data rectified
• the right to have your personal data erased
• the right to block or suppressing the processing of your personal data
• the right to move, copy or transfer your personal data from one IT environment to another
• the right to object to processing of your personal data in certain circumstances, and
• rights related to automated decision-making (i.e. where no humans are involved) and profiling (i.e. where certain personal data is processed to evaluate an individual).

We also give you the option to manage your data via:

• email
• telephone
• by writing to us

While we do not hold personal data any longer than we need to, the duration will depend on your relationship with us.

7. About us

We are Spainwilliams Limited and our address is The Old Cart Shed Worten Lower Yard, Worten Lane, Great Chart Ashford, Kent, TN23 3BU, England. You can contact our Data Protection Officer Jo Spain at jospain@spainwilliams.com.