CURWENS LLP PRIVACY NOTICE
Curwens LLP is a law firm and provides legal advice and assistance to its clients. It is regulated by the Solicitors Regulation Authority. The personal data that we process is to provide these services to our clients and other individuals as necessary, including staff and suppliers’ staff.
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 when you use our services and visit our website and tell you about your privacy rights and how the law protects you.
Please also use the Glossary at the end of the notice to understand the meaning of some of the terms used.
- Important information and who we are.
- The data we collect about you.
- How is your personal data collected?
- How we use your personal data.
- Disclosures of your personal data.
- Data retention.
- Your legal rights.
- Job applicants, current and former Curwens LLP employees.
Purpose of this privacy notice
This privacy notice aims to give you information on how Curwens collects and processes your personal data when you make an enquiry or instruct us for the use of our legal services, this also includes any data you provide when using our website, when you sign up to our newsletter, purchase a download or request a call back. The website is not intended for children and we do not knowingly collect data relating to children on our website.
It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them. This notice may change from time to time so please re-visit this occasionally.
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.
We have appointed a data privacy manager who 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 data privacy manager using the details set out below.
Our full details are:
Crossfield House, Gladbeck Way, Enfield, EN2 7HT
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.
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.
Third-party website 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.
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 which we have grouped together follows:
- Identity Data includes all names, username or similar identifier, marital status, title, date of birth and gender
- Contact Data includes billing address, email address and telephone numbers.
- Financial Data includes bank account and payment card details.
- Transaction Data includes details about payments to and from you and other details of other services you have used us for.
- 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 your communication preferences.
- Special categories of Personal Data means any special categories of personal Data about you (this includes 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, or criminal convictions and offences).
If you fail to provide personal data
Where we need to collect personal data by law, or under the terms of the contract we have with you and you fail to provide that data when requested, we may not be able to act for you and we may have to cancel our service with you but we will notify you if this is the case at the time.
You give us information about yourself when you make an enquiry or engage us to provide a legal service. You may give us your identification information, contact and financial details (including biographical and personal/circumstantial details) by filling in forms or by corresponding with us by post, phone, email, and social media or otherwise. You may also provide additional information during the course of your legal matter.
We may receive information about you from third parties including other Law firms, accountants, banks and other professional advisors.
We may receive information about you from you or third parties when we are acting for a client and we are required to obtain information about you. The information we receive may include your contact details, identification details, financial data, employment information and details included in any correspondence and information about you in connection with any matter on which we are engaged to advise our client (including biographical and personal/circumstantial details). Where we receive information about you, we will only use that information for the purposes of the legal transactions we are instructed to deal with.
We will use and process your personal data that you have supplied or continue to supply for the purpose of providing a legal service to you, or to fulfil legal or regulatory requirements if necessary. We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
- Where we need to perform the contract we are about to enter into or have entered into with you.
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
- Where we need to comply with a legal or regulatory obligation.
- In the vital interests of a individual
- Where you have provided consent, we will seek separate and specific written consent from you in circumstances where we are required to by a third party to obtain your personal data.
Generally we do not rely on consent as a legal basis for processing your personal data other than when we need to process special category data. Where you have provided us with consent you may withdraw your consent for us to use this information at any time by writing to us or emailing by the contact details provided at the end of this notice. Please note if you choose to withdraw your consent this may impact on our ability to provide our legal service to you.
Change of purpose
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.
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.
Our work for you may require us to provide your personal data to the following third parties;
- Barristers/chambers/expert witnesses/courts/mediators/arbitrators/counsellors
- Other law firms
- Accountants/banks/financial advisors/lenders
Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.
The following third parties may have access to your personal details in order to provide a service to us;
- IT providers
- Storage/scanning providers
- Confidential waste companies
- Debt recovery agents
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.
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.
How long will you use my personal data for?
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
Typically, we retain most client files from 3 to 6 years, although depending on the legal matter this will vary. Please contact us if you require further information regarding our file retention policy.
We will retain data from enquiries and potential instructions for a period of 12 months.
For services when a client care letter has not been provided we will retain your personal data for no less than 12 months and up to 6 years if deemed appropriate.
Under data protection legislation, you have a number of rights as an individual which you can exercise in relation to the information we hold about you.
You have the right to:
- Request access to your personal data. You have the right to ask for a copy of the data that we hold about you by emailing or writing to us on the details provided at the beginning of this policy. We may not provide you with this data if it concerns another individual’s data or we have another lawful reason to withhold it.
- 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.
- 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 the 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.
- 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. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which overrides your rights and freedoms.
- 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.
- 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.
You wll 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 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. While it is not a requirement that an individual must make a request for access in writing, it is helpful if they do so.
We will 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, in this case, we will keep you updated.
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us
Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
Vital interest of an individual means we may use information about an individual for their own safety or in order to take action to protect them.
Curwens LLP is the data controller for the information you provide during the recruitment process unless otherwise stated. If you have any queries about the process or how we handle your information please contact us on the above details.
What will we do with the information you provide to us?
All of the information you provide during the process will only be used for the purpose of progressing your application, or to fulfil legal or regulatory requirements if necessary.
We will not share any of the information you provide during the recruitment process with any third parties for marketing purposes or store any of your information outside of the European Economic Area. The information you provide will be held securely by us and/or our data processors whether the information is in electronic or physical format.
We will use the contact details you provide to us to contact you to progress your application. We will use the other information you provide to assess your suitability for the role you have applied for.
What information do we ask for, and why?
We do not collect more information than we need to fulfil our stated purposes and will not retain it for longer than is necessary.
The information we ask for is used to assess your suitability for employment. You don’t have to provide what we ask for but it might affect your application if you don’t.
You may be asked to provide equal opportunities information. This is not mandatory information – if you don’t provide it, it will not affect your application. This information will not be made available to any staff outside of our recruitment team, including hiring managers, in a way which can identify you. Any information you do provide will be used only to produce and monitor equal opportunities statistics.
If we make a conditional offer of employment we will ask you for information so that we can carry out pre-employment checks. You must successfully complete pre-employment checks to progress to a final offer. We are required to confirm the identity of our staff, their right to work in the United Kingdom and seek assurance as to their trustworthiness, integrity and reliability. You will therefore be required to provide:
- Proof of your identity
- Proof of your qualifications
- You will be asked to complete a criminal records declaration to declare any unspent convictions.
- Depending on your position you may be required to have a DBS check
- We will contact your referees, using the details you provide in your application, directly to obtain references.
- If we make a final offer, we will also ask you for the following:
- Bank details – to process salary payments
- Emergency contact details – so we know who to contact in case you have an emergency at work
How long is the information retained for?
If you are successful, the information you provide during the application process will be retained by us as part of your employee file for as long as necessary, which is some cases maybe the duration of your employment plus 6 years following the end of your employment. This includes your criminal records declaration, fitness to work and references.
If you are unsuccessful at any stage of the process, the information you have provided until that point will be retained for 6 months from the closure of the campaign.
Information generated throughout the application process, for example interview notes, is retained by us for 6 months following the completion of the recruitment process.
This notice was last updated September 2019.