Privacy Notice to all Experts
The European Union General Data Protection Regulation requires us (the data controller) to provide you (the data subject) with the information in bold at the beginning of each section below. The information is set out in the sections.
This Privacy notice applies only to specialists and experts in that capacity. There are different Privacy Notices (on our website www.hart brown.co.uk) for clients, for marketing contacts, for third parties involved in client matters, and for individuals within organisations with which we deal, some of which might also apply to you.
1. The identity and contact details of the controller and of our representative.
Controller – Hart Brown
Resolution House, Riverview, Walnut Tree Close, Guildford, Surrey GU1 4UX
Controller’s representative – David Wallace, Resolution House, Riverview, Walnut Tree Close, Guildford, Surrey GU1 4UX
2. Contact details of the data protection officer, where applicable.
3. The purposes of the processing for which the personal data are intended and the legal basis for the processing.
3.1 To contact you if and when we are or a client is interested in using your services; to pass your name, specialism or expertise and your contact details to anyone who might be interested in using your services; to communicate with you when using your services ourselves or for a client; to provide any report prepared by you to any relevant court or tribunal, any barrister instructed by us for a relevant client and our client’s opponent and their legal advisers and experts; and to record feedback on your work.
The legal basis for all that processing is that it is necessary for the purposes of the legitimate interests pursued by us.
3.2 We will share personal information with law enforcement or other authorities if legally required.
The legal basis for the processing is that it is necessary for compliance with a legal obligation to which we are subject.
3.3 We may use your contact details to seek your consent to our marketing our services and events to you and to our emailing to you electronic publications we issue. If you give that consent, we will use other information we have about you to try to ensure you only receive from us marketing material of any kind that is likely to be of interest to you. We do not send marketing material to all consenting. We do not share any of your personal data with anyone else for marketing purposes. You can withdraw your consent at any time – details will be given as to how to do that when we seek your consent. If you do not give consent or you withdraw it we will not market our services or events to you or email to you electronic publications we issue.
The legal basis for our seeking your consent is that it is necessary for the purposes of the legitimate interests pursued by us. The legal basis for our marketing our services and events to you and to our emailing to you electronic publications we issue if you give your consent is that you will have given your consent.
4. Where the processing is necessary for the purposes of the legitimate interests pursued by us what are those legitimate interests?
In respect of 3.1 the legitimate interest is to provide to clients of our business the names and details of suitable specialists and experts with a view to them using you for their matters; to use your services ourselves or for the benefit of clients on their matters; and to maintain the quality of the specialists and experts we recommend.
In respect of 3.3 the legitimate interest is to seek your consent to effect suitable marketing to you.
5. The categories of personal data involved.
Your name and business contact details; your specialism and expertise; the matters on which we have used you; the fact that you authored any document we hold prepared by you; and the feedback received after each matter.
6. The possible recipients or category of recipients of the personal data.
6.1 We will share the personal data described at 5 above (other than the feedback which we hold in respect of you) with any client where it is appropriate or necessary to progress the matter on which they have instructed us. We will also share that personal data when we provide a copy of any report prepared by you to any relevant court or tribunal, any barrister instructed by us for a relevant client or our client’s opponent and their legal advisers and experts. Once we have released any personal data we will not be in control of or able to ensure its security. However, except in the context of the prevention, investigation, detection or prosecution of criminal offences, any organisation to which we release the personal data will itself be bound to keep your data secure and generally to comply with the requirements of the General Data Protection Regulation. Where we need to release any of your personal data to a natural person in the course of a purely personal or household activity, that assurance of security will not apply. Any personal data we do release to a third party will be limited to what must be released for the relevant purpose to be achieved.
6.2. We will also share that data with:
6.2.1 The hosts running our software on their systems.
6.2.2 Our software suppliers.
6.2.3 The providers of our copying machines, which also act as scanners, to the extent that when a document is copied or scanned the machine automatically makes an electronic copy.
6.2.4 Our external accreditation auditors, to the extent that they ask to see individual files or relevant accounts records.
6.2.5 Our external accountancy auditors.
6.2.6 The Solicitors Regulation Authority, to the extent that we are obliged to report an issue to them.
6.2.7 The Legal Ombudsman, to the extent that a complaint is made to her office about us.
6.2.8 The Information Commissioner’s Office when required to do so.
6.2.9 Our I.T. support contractors, to the extent necessary for them to provide that support.
6.2.10 Our professional indemnity insurers and their (and, if different, our) professional advisers, to the extent appropriate if and when circumstances arise where there might be a claim against us and by us on that insurance policy, to enable us to achieve a fair outcome for you.
6.2.11 The relevant authorities whenever we are required by law to do so including if we suspect there might have been or there might be an offence or attempted offence whether against the Money Laundering Regulations or otherwise.
6.2.12 The court, the tribunal, the arbitrator or the mediator if relevant.
6.2.13 Generally as may be necessary to enable us to do the work our clients have instructed us to do.
7. Can we transfer your personal data to a third country or international organisation?
Hart Brown does not usually transfer any information internationally. We can make an international transfer of personal data if it is necessary for the performance of a contract between you and us or for pre-contractual steps to be taken at your request. Otherwise, unless the country in question ensures an adequate level of protection or there are appropriate safeguards and effective legal rights and remedies are available for you, we will be obliged to explain all the risks to you before seeking your consent to make the data transfer. This will have to be addressed if the issue arises, and could delay or prevent progress.
8. What is the period for which your personal data will be stored?
Indefinitely or until you ask us to delete it. If you do ask us to delete it, we will still keep your name and work address, to record our compliance with that request, but that data will not be processed in any other way.
9. Is the provision of personal data a statutory or contractual requirement or a requirement necessary to enter into a contract, and are you obliged to provide personal data, and what are the possible consequences of failure to provide such data?
There is seldom, if ever, any requirement or obligation on you to provide personal data to Hart Brown. However, we will not be able to recommend or use your services unless we have the personal data described at 5 above.
10. The existence of automated decision making, including profiling
Hart Brown does not use automated decision making including profiling.
11. What is the source of your personal data not obtained from you and, if applicable, will this come from publicly accessible sources?
Publicly assessable sources, such as The Legal 500 or Chambers for barristers, past use of your services, or recommendation.
12. Your data protection rights.
12.1 You have the right to request from us access to and rectification or (in certain circumstances) erasure of personal data or (in certain circumstances) restriction of processing concerning you.
12.2 Where the processing is carried out by us on the basis that it is necessary for the purposes of the legitimate interests pursued by us, you have the right to object to it continuing and we must stop the processing unless we demonstrate legitimate grounds for the processing which override your interests, rights and freedoms or the processing is for the establishment, exercise or defence of civil claims.
12.3 Where the processing is based on consent or under or leading to a contract and the processing is carried out by automated means, you have the right to receive from us the personal data concerning you which you have provided to us and the right to transmit those data to another controller.
12.4 Where the processing is based on consent, you have the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal.
12.5 You have the right to lodge a complaint with the Information Commissioner’s Office, who may be contacted at https://ico.org.uk/concerns/ or telephone: 0303 123 1113 but we invite you to tell us first if you have any complaint, so that we can attend to it as soon as possible.
If you would like to exercise any of those rights, please:
- email, call or write to David Wallace,
- let us have enough information to identify you,
- let us have proof of your identity and address (a copy of your driving licence or passport and a recent utility or credit card bill), and
- let us know the information to which your request applies.