Privacy Notice

1. Introduction

Welcome to the Napthens LLP privacy notice.

Napthens LLP respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data and tell you about your privacy rights and how the law protects you.

2. Scope

This privacy notice applies to all persons whose personal data we collect save as set out below. We collect personal information on the following categories of individuals (or individuals who work for or otherwise represent any of them):

  • Our clients and potential clients
  • Visitors to our websites
  • Visitors to our premises
  • Referrers, introducers and intermediaries
  • Claimants
  • Defendants
  • Experts
  • Witnesses
  • Counsel
  • Third Party Solicitors
  • Insurers and/or their insured
  • Individuals involved in matters we have been instructed to work on
  • Our business contacts
  • People who attend seminars, training or attend events organised by us, or at which we are involved
  • Our service providers and suppliers (for example recruitment agencies, general office services, IT service providers)
  • Our regulators and certification bodies
  • Our auditors and other professional advisors
  • Our insurers
  • Governmental bodies

This privacy notice does not apply to:

  • Job applicants, as the way we handle their personal data is governed by our Recruitment Candidate Privacy Notice or
  • Employees and workers, as the way we collect and use their personal data is governed by our Employee Privacy Notice

3. Important information and who we are

3.1         Controller

Napthens LLP is the controller and responsible for your personal data (referred to as “Napthens”, “we”, “us” or “our” in this privacy notice. We are registered as a data controller with the Information Commissioner’s Office with registration number Z7554090.

Our Compliance Officer for Legal Practice is responsible for overseeing questions in relation to this privacy notice. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the Compliance Officer using the details set out below.

3.2         Contact details

Our full details are:

Full name of legal entity: Napthens LLP

Compliance Officer for Legal Practice:  Richard McDowell

Email address: Richard.Mcdowell@napthens.co.uk

Postal address:  7 Winckley Square, Preston, Lancashire PR1 3JD

Telephone number:  01772 888444

3.3         Changes to the privacy notice

This version was last updated on 25 May 2018 and historic versions can be obtained by contacting us.

3.4         Third-party links

Our website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

4. The data we collect about you

4.1         What is personal data?

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you, depending on the nature of our relationship with you, and which we have grouped together follows:

  • Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender and this may be in the form of copy identity documentation such as passports.
  • Contact Data includes billing address, delivery address, email address and telephone numbers.
  • Financial Data includes bank account and payment card details.
  • Matter Data includes information collected by us as part of our provision of services. Matter Data will depend on the nature of the services we are providing and may include details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data which are Special Categories of Personal Data and are subject to increased security and protection.
  • Transaction Data includes details about payments to and from you and other details of matters you have instructed us on or services purchased.
  • Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access our websites.
  • Profile Data includes your username and password for any online services.
  • Usage Data includes information about how you use our website and services.
  • Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. 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 Usage Data to calculate the percentage of users accessing a specific website feature, or the number of clients instructing us on certain matter types. 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.

4.2         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 services). In this case, we may have to cancel a service you have with us but we will notify you if this is the case at the time.

4.3         Your duty to inform us of changes

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

5. How is your personal data collected?

We use different methods to collect data from and about you including through:

5.1         Direct interactions

We may collect personal information from our direct interactions with you. This may include through correspondence, attendance at meetings with you, or other direct interactions.

5.2         Data received from third parties

The personal data that we collect and process may be collected from a number of third party sources including (but not limited to):

  • Our clients and potential clients
  • Referrers, introducers and intermediaries
  • Claimants
  • Defendants
  • Experts
  • Witnesses
  • Counsel
  • Third Party Solicitors
  • Courts
  • Insurers and/or their insured
  • Medical and healthcare providers
  • Search and tracing agents
  • Individuals involved in matters we have been instructed to work on
  • Credit reference agencies
  • Our business contacts
  • Organisers of events, seminars or training that we are involved in
  • Police and security services
  • Regulators and certification bodies
  • Auditors and other professional advisors
  • Governmental bodies

5.3         Online

(a)     Visitors to our websites

When you visit our websites, we use a third party service, Google Analytics, to collect standard internet log information and details of visitor behaviour patterns. We do this to find out things such as the number of visitors to the various parts of the websites. This information is only processed in a way which does not identify anyone. We do not make, and do not allow Google to make, any attempt to find out the identities of those visiting our websites.

You may decide to submit personal information to us through the website, for example when purchasing services or signing up to a newsletter. When we collect personal data in this way this policy sets out what we intend to do with it.

(b)     Cookies

What are Cookies?

Cookies are small text files stored on your computer when you visit certain web pages. We use cookies when only strictly necessary, to help us find out what parts of the site you visit, what you like and what’s most relevant to you.

Cookies are nothing to be afraid of – we don’t store personal, confidential or sensitive information in the cookies we create.

Our Use of Cookies

Our website uses cookies to help us improve your experience of the site. To ensure you can fully use all the features of our site, your computer or mobile device will need to accept cookies. If you disable cookies, you will still be able to navigate the site, but certain features might not function correctly.

Our cookies never store personal or sensitive information; they simply hold a unique random reference to you so that once you visit the site we can recognise who you are and provide certain content to you.

Information on how to block, limit or delete cookies can be found below.

Third Party Cookies

Some of the cookies stored on your computer when using our website are not directly related to us.

Google Analytics:  This is used by nearly every website in the world and helps us view and analyse visitor information such as browser versions, visitor numbers, and response to marketing activity. This information enables us to improve the website and your visiting experience.  The information stored by these cookies is secure, never contains any confidential information and can only be seen by us and Google.

Third party sites, including Google, may show our ads across the internet. They may also use cookies to serve ads based on a user’s prior visits to our website. To opt out of Google’s use of cookies, visit the Google advertising opt-out page.

Share Tools

If you decide to ‘share’ any of our content with friends or associates through any of the social networks – you may be sent cookies from these websites. We cannot control the creation of these cookies, so we suggest you visit the third-party websites for more information about their cookies and how to manage them.

Managing Cookies

The majority of web browsers have cookies enabled by default. You can configure your web browser to refuse cookies, or to be informed if a cookie is set. Each web browser has different ways of doing this, so please look at the ‘Help’ menu of your browser to learn how to change your cookie preferences.

To find out more about cookies visit www.allaboutcookies.org.

(c)     Search Engine

Our website search engine is powered by Google. Search queries and results are logged anonymously to help us improve our website and search functionality. We do not collect any user-specific data.

(d)     Security and performance

To maintain the security and performance of our websites we use a third party service which processes the IP address of visitors and other Technical Data.

6. How is your personal data used?

As a law firm, we use your information for a variety of purposes in order to provide services to our clients. We may process your personal data where:

  • You have provided us with your consent to do so
  • It is necessary for the performance of a contract with you
  • It is necessary in connection with a legal or regulatory obligation or as otherwise required or authorised by law and/or
  • It is necessary to fulfil a legitimate interest of our clients, third parties and/or Napthens and we have considered that on balance such use is not detrimental to you, is within your reasonable expectations and will have a minimal impact on your privacy rights and freedoms.

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 get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

You will not be subject to decisions based solely on automated data processing without your prior consent.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

The main purposes for which we may process your data are set out below:

6.1         Provision of legal services

Your data may be processed by us in respect of the provision of legal services which may include:

  • Advising on and managing court or legal proceedings (actual or contemplated) which may include legal claims, criminal actions, inquests, tribunals, arbitrations, mediations and/or regulatory actions
  • Advising on business transactions which may include contracts, business sales and purchasing, land transactions, investments and business funding
  • Advising on governance and regulatory issues
  • Giving personal legal advice to our clients including family law issues, wills and probate advice, and conveyancing services
  • Providing legal training through workshops, seminars and other events and
  • Managing and maintaining our internal database of experts, referrers, introducers, intermediaries and other service providers which relate to the provision of legal services

6.2         Internal Administration

We may process you personal data as part of our own internal business administration which may include:

  • Compliance with regulators and governing bodies
  • Quality control and training purposes
  • Dealing with certification bodies and
  • Optimising and improving our service delivery across our business

6.3         Marketing

We would like to keep you informed about our services and provide relevant  updates on legal issues that we feel may be of interest to you and will do this where we are lawfully able to do so. This may include:

  • Sending newsletters and legal updates and
  • Inviting you to attend seminars, training or other events that we consider relevant to you

You will receive marketing communications from us if you are a client, if you have requested information from us, or have given us express consent to send such marketing material to you, and in each case, you have not opted out of receiving that marketing.

You can ask us to stop sending you marketing messages at any time by:

  • Emailing us at unsubscribe@napthens.co.uk or
  • Following the ‘unsubscribe’ link in the footer of a marketing email

7. How long do we keep your data?

We will only keep your personal data for so long as is required to fulfil the purpose(s) for which it was collected unless there are other legal requirements or it is necessary for us to keep it for our own business continuity.

If you want more details about our specific retention periods, please contact our Compliance Officer for Legal Practices.

Subject to exceptional circumstances or legal requirement, we will retain your data for the periods set out below:

7.1         Client Files

All matter files will usually be destroyed approximately 12 years after the matter has been closed. We also delete copies from our internal database.

Certain types of matters have longer standard retention periods as set out below:

Files relating to minors:  12 years from the date the minor reaches 18
Files relating to wills:  12 years from the date we are notified of death or 100 years from closure of the file, whichever is later
Files relating to trusts:  12 years from termination or expiry of the trust

Where we are holding documents such as wills, deeds and pre-nuptial agreements we will store these until you advise us otherwise.

7.2         Enquiries

All enquiries will be retained for a period of 3 years from the enquiry closing. Where we are instructed on the matter in question the enquiry will be transferred to the Matter File and retained as set out above.

7.3         Suppliers, Introducers, Referrers and Intermediaries

We retain details on suppliers, introducers, referrers and intermediaries for so long as we have a business relationship with you, and thereafter until such time as we reasonably consider that our legitimate interest in retaining your data has expired. We conduct periodic reviews of such contact details to assess whether you should remain on our database.

8. Disclosures of your personal data

We may share your personal data with the parties set out below where it is necessary to do so for the purposes set out above. These parties include (but are not limited to):

  • Our clients
  • Referrers, introducers and intermediaries
  • Courts
  • Claimants
  • Defendants
  • Experts
  • Witnesses
  • Counsel
  • Third Party Solicitors
  • Insurers and/or their insured
  • Individuals involved in matters we have been instructed to work on
  • Incorporation Agents
  • Our business contact
  • Organisers of events, seminars or training that we are involved in
  • Regulators and certification bodies
  • Auditors and other professional advisors
  • Our service providers (for example IT service providers)
  • Governmental bodies (such as HMRC, Companies House and the Land Registry)
  • Police and Security Services and
  • Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets

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 personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

8.1         International transfers

It may be necessary to transfer your personal data outside of the European Economic Area as part of our processing. Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

  • We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission
  • Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe and/or
  • Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US

9.  Data security

The protection and security of your personal data is of the utmost importance to Napthens. We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place 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.

10. Your legal rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data. These are summarised below:

10.1       Request access to your personal data (commonly known as a “data subject access request”)

This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it. Please note that there are grounds on which we can refuse or limit your request including, but not limited to, legal professional privilege, data relating to third parties or where disclosure would prejudice the rights or interests of third parties.

10.2       Request correction of the personal data that we hold about you

This 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 data you provide to us.

10.3       Request erasure of your personal data

This enables you to ask us to delete or remove personal data where there is no good reason for us continuing 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.

10.4       Object to processing of your personal data

Where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms you may object to our processing of your personal data. 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 override your rights and freedoms.

10.5       Request restriction of processing of your personal data

This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) 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; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

10.6       Request the transfer of your personal data to you or to a third party

We will provide to you, or a third party you have chosen, your personal 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.

10.7       Withdraw consent at any time

Where we are relying on consent to process your personal data you may withdraw this consent at any time. 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 products or services to you. We will advise you if this is the case at the time you withdraw your consent.

10.8       How to exercise your rights

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

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 clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This 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 in relation to your request to speed up our response.

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

10.9       Your right to complain to the Information Commissioner’s Office.

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.