DATA PROTECTION
CLIENT PRIVACY NOTICE
November 2024
New privacy laws were introduced to the UK with effect from 25 May 2018. This Privacy Notice is designed to inform you how we will collect and process your personal data, the legal basis for such processing, and the rights you have in relation to the data collected and retained by us. The processing of personal data is governed by the General Data Protection Regulation 2016/679 (the “GDPR”), in terms of which Tait & Peterson is a Data Controller (contact details below). This means we decide how your personal data is processed and for what purposes. We also fall within the definition of a Data Processor.
How do we process your personal data?
Tait & Peterson will comply with its obligations under the GDPR by keeping your personal data up to date; by storing and destroying it securely; by not collecting or retaining excessive amounts of data; by protecting personal data from loss, misuse, unauthorised access and disclosure and by ensuring that appropriate measures are in place to protect personal data.
What personal data do we collect?
We may collect some or all of the following personal and non-personal data:
- name
- date of birth
- gender
- address
- contact details (telephone number and email address)
- job title/profession
- financial information such as bank details
- IP address
- web browser type and version
- operating system
The purpose(s) and legal basis/bases for processing your personal data
We collect, process and hold your personal data (which may include but is not limited to your name, address, phone number, email address, date of birth, National Insurance Number, photo ID) for the following reasons:
- to communicate with you in regard to provision of legal services. Our legal ground for processing your data for this purpose is to fulfil a contract entered into with you in accordance with your instructions and our Terms of Business, or to take steps at your request prior to entering into such a contract;
- to comply with the “Customer Due Diligence” requirements of current anti-money laundering legislation. The legal ground for processing your data for this purpose is the statutory obligation imposed on us by Regulation 27 of The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017;
- to submit returns and/or applications on your behalf where required to government agencies, including HM Revenue & Customs, Revenue Scotland, Registers of Scotland, or The Office of the Public Guardian. The legal ground for processing your data for this purpose is the legal obligation to submit returns, register property transactions and/or register Powers of Attorney;
- to retain (where applicable) records of information submitted by us on your behalf to HM Revenue & Customs and/or Revenue Scotland. The legal ground for processing your data for this purpose is the statutory legal obligation to retain tax records imposed by current tax legislation;
- To provide a deeds storage facility for our clients. The legal basis for processing your personal data for this purpose is our legitimate interest in providing a quality client service;
- To fulfil our file retention policy. The legal basis for retaining your personal data for this purpose is our legitimate interest in preserving records in case of future legal complaints/claims.
Sharing your personal data
Your personal data will be treated as strictly confidential, and will only be shared with third parties for the purpose of:
- obtaining from them services and/or products required to enable us to fulfil the contract for legal services carried out by us on your behalf (in which case we will take all reasonable steps to ensure that your data will be handled safely, securely and in accordance with your rights, our obligations and the obligations of the third party under law); or
- where we are required to do so by law; or
- where it is necessary for the purpose of legal proceedings or to exercise or defend legal rights.
How long do we keep your personal data?
We shall keep your personal data for a minimum period of 6 years from completion of your transaction or the end of our business relationship to comply with current anti-money laundering/know your client regulations and/or current tax legislation. We may retain it for a period of up to 20 years from the date of closure of your file in case of any legal claims/complaints,
Your rights
Unless subject to an exemption under the GDPR, you have the following rights with respect to your personal data:-
- The right to request a copy of your personal data which we hold about you;
- The right to request that we correct any personal data if it is found to be inaccurate or out of date;
- The right to request your personal data is erased when it is no longer necessary for us to retain it;
- The right to withdraw your consent to the processing at any time,if consent is adopted as a legal basis for processing;
- The right to request that we provide you with your personal data and where possible, to transmit that data directly to another data controller, (known as the right to data portability), if consent is adopted as a legal basis for processing or processing is necessary for the performance of a contract withyou and in either case we process the data by automated means;
- The right, where there is a dispute in relation to the accuracy or processing of your personal data, to request a restriction is placed on further processing;
- The right to object to the processing of personal data, where the processing is based on our legitimate interests;
- The right to lodge a complaint with the Information Commissioners Office (See Contact Details).
Further processing
If we wish to use your personal data for a new purpose, not covered by this Privacy Notice, then we will provide you with a new Notice explaining the new use prior to commencing the processing and setting out the relevant purposes and processing conditions. Where and whenever necessary, we will seek your prior consent to the new processing.
Contact Details
To exercise all relevant rights, raise queries or complaints please in the first instance contact:-
The Data Protection Representative
Tait & Peterson
Bank of Scotland Buildings
Lerwick
Shetland
ZE1 0EB
Telephone: 01595 693010 – Email: info@tait-peterson.co.uk
Tait & Peterson is registered with the UK Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire. SK9 5AF, Telephone 0303 123 1113, Email https://ico.org.uk/global/contact-us/email
(Registration Ref: Z9121780).
Tait & Peterson, Bank of Scotland Buildings, Lerwick, Shetland, ZE1 0EB
Telephone: 01595 693010 – Email: info@tait-peterson.co.uk
