Data Privacy Notice

Talbot Walker LLP is registered with the Information Commissioners Office under no. Z5250758

1 Introduction

1.1 We respect your privacy and are 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. This Privacy Notice forms part of our terms and conditions If you have any questions about this privacy notice, please contact us at enquiries@talbotwalker.co.uk

1.2 Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include anonymous data.

1.3 We may collect, use, store and transfer different kinds of personal data about you. Personal data includes identity, contact data, financial data, transaction data, technical data, profile data, usage data, marketing and communication data.

1.4 We also collect aggregate data i.e. statistical or demographic data which is derived from your personal data but is not considered personal data in law as it does not directly or indirectly reveal your identity. An example would be aggregating your usage data to calculate the percentage of users accessing a website feature. If we then combine this aggregate data with your personal data so that it then identifies you then it will become personal data which is subject to this privacy notice.

1.5 We do collect or process Special Categories of Personal Data to the extent it is necessary to process any work you have instructed us to undertake for you.

2. How we collect your personal data

The different methods are as follows;

We will collect personal data from you when we take instructions from you with a view to offering advice, both before and after acceptance of our terms and conditions. We will take personal data from you with a view to providing a service
You may give us your identity, contact and financial data by filling in forms, corresponding with us by post, email, phone or otherwise including when giving us feedback
When you contact us via the “contact us link” on our website or email us, we will collect personal data from you.
We will collect technical data about your equipment, browsing actions and patterns. This information is collected by using cookies, server logs and other similar technologies when you use our website for acquiring information.
Personal information may also be obtained automatically by your internet browser.
We will collect data from you when you request marketing to be sent to you.

3. How we use your personal data

We will only use your personal data when the law allows us to: most commonly in the following circumstances;

responding to your queries, requests and other communications
providing the services, including, where applicable, procuring acts from foreign organisations
enabling suppliers and service providers to carry out certain functions on our behalf in order to provide the services, including web hosting, data storage, identity verification, technical, logistical, courier or other functions as applicable
allowing you to use features on our website, when you choose to do so
sending you personalised marketing communications requested by you as well as serving personalised advertising to your devices, based on your interests in accordance with our cookie statement below. You have the right to disable cookies or to unsubscribe.
ensuring our security and preventing or detecting fraud
administering our services, including complaints resolution, troubleshooting of our website data analysis, testing of new features, research, statistical and survey purposes
developing and improving our services
complying with any applicable law or regulation or rules and requirements or rules of any relevant regulatory authority.
general administration of records by us; general maintenance of your data base; for training our employees in respect of providing our services to you
for security purposes to protect your personal data held and/or processed by us

4. Lawful Processing

4.1 As a provider of legal services we collect and process certain types of data about you in order to conduct our business. The lawful basis for our processing of data are consent, contract, legal obligation and legitimate interest for the purposes described above and will typically include:

processing necessary to fulfil a contract that we have in place with you or other data subjects, such as processing for the purposes set out in paragraphs (a), (b), (c) and (d)
your consent, such as processing for the purposes set out in paragraph (e)
processing necessary for our or a third party’s legitimate interest, such as processing for the purposes set out in paragraphs (a), (b), (c), (f), (g) and (h) which is carried out on the basis of our legitimate interests to ensure that services are properly provided, our security and the security of our clients and our proper administration; and
processing necessary for compliance of the legal obligation to which we are subject, such as processing for the purposes set out in paragraph (i); and
any other applicable legal grounds for processing from time to time.

4.2 We may process data in Special Categories of Personal Data which you provide in connection with the services about yourself and other data subjects, e.g. individuals whose details are included in any materials provided by you to us.

4.3 The provision of certain personal data is mandatory in order for us to comply with mandatory client due diligence requirements and, consequently, to provide the services. You warrant, on a continuous basis, that such personal data is accurate, complete and

up to date. Failure to comply may result, for instance, in our not being able to perform the services.

4.4 You warrant to us on a continuous basis;

where applicable, you are authorised to share such personal data with the us in connection with the services and that wherever another data subject is referred to, you have obtained the explicit and demonstrable consent from all relevant data subjects to the inclusion and use of any personal data concerning them.
to the extent this is required in connection with the services, such personal data is accurate, complete and up to date; and
either you provide your explicit consent and warrant that each data subject has provided explicit consent for the transfer of personal data in connection with the services or that an alternative legal gateway for such transfer (such as transfer necessary for the conclusion or the performance of a contract concluded in the interest of the data subject) has been satisfied.

5. Change of purpose

5.1 We will only use your personal data for the purposes for which we collect it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.

5.2 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.

5.3 We may process your personal data without your knowledge or consent where this is permitted or required by law.

6. “Cookies”

6.1 In order to collect information including personal data as described in this notice, we may use Cookies and similar technology on our website. A cookie is a small piece of information which is sent to your browser and stored on your computer’s hard drive, mobile phone or other device. You can set your browser to notify you when you receive a cookie. This enables you to decide if you want to accept it or not. However, some of the services offered through our website may not function if your cookies are disabled.

6.2 Cookies can be first party or third party cookies. We use the following cookies on our website:

strictly necessary cookies. These cookies are essential in order to enable you to move around our website and use its features. Without these cookies, services you have asked for cannot be provided. They are deleted when you close the browser. These are first party cookies.
performance cookies. These cookies collect information in an anonymous form about how visitors use our website. They allow us to recognise and count the number of visitors and to see how visitors move around the website when they are using it and the approximate regions that they are visiting from. These are first party cookies.
functionality cookies. These cookies allow our website to remember choices you made (such as your user name, language, or the region you are in, if applicable) and provide enhanced, more personal features. These cookies can also be used to remember changes you have made to text size, fonts and other parts of web pages that you can customise. The information these cookies collect may be anonymised and they cannot track your browser activity on our website. They are first party cookies.
Social media cookies. These cookies allow you to connect with social media networks such as Linked In and Twitter. These are persistent cookies which will be kept on your device until there expiration or earlier manual deletion.

We may combine information from these types of cookies and technologies with information about you from other sources.

6.3 We assume that you are happy for us to place cookies on your device. Most internet browsers automatically accept cookies. However, if you or another user of your device, wish to withdraw your consent at any time, you have the ability to accept or decline cookies by modifying your browser setting. If you chose to decline cookies you may not be able to fully experience the interactive features of our website, our platforms and services.

6.4 When you arrive on our website, a pop-up message will appear, asking for your consent to place advertising cookies on your device. In order to provide your consent please click “I accept”. Once your consent has been provided, this message will not appear again when you revisit. If you, or another user of your device, wish to withdraw your consent at any time you can do so by altering your browser settings otherwise we will assume that you are happy to receive cookies from our website. For more information please visit www.allaboutcookies.org and http://www.youronlinechoices.com/uk/

6.5 Third Party Links. Our website may include links to third party websites, plug-ins and applications. Clicking on those links or enabling these 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.

7. Disclosure of Personal Data

There are circumstances where we may wish to disclose or are compelled to disclose your personal data to third parties. These scenarios include disclosure to:

our suppliers and service providers to facilitate the provision of the services, including barristers, experts, agents, couriers, translators, IT consultants, legislation and other handling agents, web hosting providers, identity verification partners (in order to verify your identity against public databases), consultants, for example, in order to protect the security or the integrity of our business, including our databases and systems and for business continuity reasons.
in the case of notarial services, public authorities to carry out acts which are necessary in connection with the services, such as the Foreign Office.
Foreign organisations, for example, in notarial work, to carry out acts which are necessary in connection with the services, such as Embassies, Consulates and High Commissions.

subject to your consent, our advertising and marketing partners who enable us, for example, to deliver personalised ads to your devices or who may contact you by post, email, telephone, SMS or by other means.
successor or partner legal entities on a temporary or permanent basis for the purposes of a joint venture, collaboration, financing, sale, merger, reorganisation, change of legal form, dissolution or similar event relating to us. In the case of a merger or sale, your personal data will be permanently transferred to a successor company.
public authorities where we are required by law to do so; and
any other third party where you have provided your consent.

8. International Transfer of your personal data

8.1 We may transfer your personal data to a third party in countries outside the country in which it was originally collected for further processing in accordance with the purposes set out above. In particular, your personal data may be transferred to a foreign organisation such as foreign embassies, located in the UK or abroad. Such organisations will process personal data in accordance with the laws to which they are subject and international treaties over which we have no control

8.2 If we transfer personal data to private organisations abroad, such as sub-contractors, we will, as required by applicable law, ensure that your privacy rights are adequately protected by appropriate technical, organisation, contractual or other lawful means.

9. Retention of personal data

9.1 Your personal data will be retained for as long as is reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. Please contact us for further details of applicable retention periods.

9.2 We may keep anonymised form of your personal data which will no longer refer to you, for statistical purposes without time limits, to the extent that we have a legitimate and lawful interest in doing so.

11. “Security of Personal Data”

11.1 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.

11.2 However, please be aware that the transmission of information via the internet is never completely secure. Whilst we can do our best to keep our own system secure, we do not have full control over all processes involved, for example, your use of our website for sending confidential materials to us via email, and we cannot therefore guarantee of your information transmitted to us on the web.

12. “Data Subject Rights”

Under certain circumstances, you have rights under data protection laws in relation to your personal data. For further information about your data protection rights please visit the ICO website https://www.ico.org.uk. These rights include;

Request access (Subject Access Request (SAR). Data subjects may request, in writing, copies of their personal data. However, compliance with such request is subject to certain limitations and exemptions and to the rights of other data subjects. Each request should make clear that a SAR is being made. You may also be required to submit proof of your identity and payment, where applicable.
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 us.
Request erasure. 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, where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. We will comply, unless there is a lawful reason for not doing so. For example, there may be an overriding legitimate ground for keeping the personal data, such as our archiving obligations that we have to comply with.
Withdraw consent at any time where we are relying on consent to process your personal data. 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 the services to you. We will advise you if this is the case at the time you withdraw your consent.
Object to processing, including automating processing and profiling. We do not make automated decisions. Profiling may be carried out for administration purposes, such as monitoring trends in user visits of our website, and in order to deliver targeted ads. You may 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 you want to object to processing on the ground as you feel it impacts on your fundamental rights and freedoms. 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 overrides your rights and freedoms. We may use third party due diligence platforms which provide recommendations about you by automated means. We will comply with any objection you may have to processing unless we have a compelling overriding legitimate ground for the processing, the processing is for the establishment, exercise of defence of legal claims or we have another legal reason to refuse such requests. We will comply with each valid opt-out request to marketing communication.
Request restriction of processing. This enables you to ask us to suspend the processing of your personal data in the following scenarios a) 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. We will comply, unless there is a lawful reason for not doing so, such as a legal obligation to continue processing your personal data in a certain way.
Request the transfer of your personal data to you or a third party. We will provide to you or a third party you have chosen, your personal data in a structured, commonly used and 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. Transfer to another provider does not imply erasure of your personal data which may still be required for legitimate and lawful purposes.
Right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues https://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. 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.

13. Exercising your rights and fees

13.1 You will not have to pay a fee however please note we may charge a reasonable fee if your request is unfounded, repetitive or excessive or we may refuse to comply with your request.

13.2 For reasons of security we may need to request specific information to identify you and ensure your right to access your personal data or exercise your rights.

13.3 We aim to respond to all legitimate requests within one month but there may be occasions when the request might be complex or there might be more than one request. If we need longer we will inform you and keep you updated.