GDPR and Privacy

Date Protection under GDPR and Privacy

JOHN WRIGHT LEGAL CONSULTANT LIMITED

GDPR PRIVACY POLICY

We take your privacy very seriously.  Please read this privacy policy carefully as it contains important information on who we are and how and why we collect, store, use and share your personal data.

It also explains your rights in relation to your personal data and how to contact us or supervisory authorities in the event you have a complaint.

When we use your personal data we are regulated under the EU General Data Protection Regulation (GDPR) which applies across the European Union (including in the United Kingdom and the Isle of Man, via the Data Protection Act and Regulations) and we are responsible as ‘controller’ of that personal data for the purposes of the GDPR. Our use of your personal data is subject to your instructions, the GDPR, other relevant UK and EU legislation and our professional duty of confidentiality. 

Key terms. It would be helpful to start by explaining some key terms used in this policy:

We, us, our John Wright Legal Consultant Limited trading as John Wright

Our representative and data protection officer John Wright

Personal data Any information relating to an identified or identifiable individual

Special category personal data Personal data revealing racial or ethnic origin, political opinions, religious beliefs, philosophical beliefs or trade union membership

Genetic and biometric data Data concerning health, sex life or sexual orientation

 

What are the circumstances in which we would need to collect your personal information?

  • when you request information from us or provide information to us;
  • when you or the organisation you work for engages our legal and other services;
  • when you or the organisation you work for are a counterparty, or provide services to a counterparty, of one or more of our clients;
  • as a result of your relationship with one or more of our clients, including when you or the organisation you work for is a regulator, government agency, court, tribunal or other law enforcement agency;
  • when you apply for a role or work placement opportunity, open day or recruitment event with us;
  • when you complete application forms on our websites;
  • when you attend our seminars or other hosted events;
  • when we conduct open source searches on you in connection with our business acceptance or business development processes;
  • when you visit our Website and online services (including mobile apps);
  • if you are an employee of or consultant to us the firm; and
  • when you are entered onto our mailing lists to receive publications and other marketing emails.

 

Personal data we collect about you 

We will or may collect in the following personal data in the course of advising and/or acting for you depending on why you have instructed us

  • Your name, address and telephone number
  • Information to enable us to check and verify your identity, e.g. your date of birth or passport details
  • Electronic contact details, e.g. your email address and mobile phone number
  • Information relating to the matter in which you are seeking our advice or representation
  • Information to enable us to undertake a credit or other financial checks on you
  • Your financial details so far as relevant to your instructions, e.g. the source of your funds if you are instructing on a purchase transaction
  • Information about your use of our IT,
  • communication and other systems, and other monitoring information, e.g. if using our secure online client portal
  • Your National Insurance and tax details
  • Your bank and/or building society details
  • Details of your professional online presence, e.g. LinkedIn profile
  • Details of your spouse/partner and dependants or other family members, e.g. if you instruct us on a family matter or a will
  • Your employment status and details including salary and benefits, e.g. if you instruct us on matter related to your employment or in which your employment status or income is relevant
  • Your nationality and immigration status and information from related documents, such as your passport or other identification, and immigration information, e.g. if you instruct us on an immigration matter
  • Details of your pension arrangements, e.g. if you instruct us on a pension matter or in relation to financial arrangements following breakdown of a relationship
  • Your employment records including, where relevant, records relating to sickness and attendance, performance, disciplinary, conduct and grievances (including relevant special category personal data), e.g. if you instruct us on matter related to your employment or in which your employment records are relevant
  • Your racial or ethnic origin, gender and sexual orientation, religious or similar beliefs, e.g. if you instruct us on discrimination claim
  • Your trade union membership, e.g. if you instruct us on discrimination claim or your matter is funded by a trade union
  • Personal identifying information, such as your eye colour or your parents’ names, e.g. if you instruct us to incorporate a company for you
  • Your medical records, e.g. if we are acting for you in a personal injury claim

 

This personal data is required to enable us to provide our service to you.

If you do not provide personal data we ask for, it may delay or prevent us from providing services to you.

How your personal data is collected

We collect most of this information from you, direct or via our secure online client portal. However, we may also collect information:

  • from publicly accessible sources, e.g. IoM Companies Registry, IoM Land Registry or other comparable registries in UK or EU or other jurisdictions
  • directly from a third party, e.g.:

○ sanctions screening providers;

○ credit reference agencies;

○ client due diligence providers;

○ from a third party with your consent, e.g.:

○ your bank or building society, another financial institution or advisor;

○ consultants and other professionals we may engage in relation to your matter;

○ your employer and/or trade union, professional body or pension administrators;

○ your doctors, medical and occupational health professionals;

  • via our website—we use cookies on our website (for more information on cookies, please see

our cookies policy)

  • via our information technology (IT) systems, e.g.:

○ case management, document management and time recording systems;

○ reception logs;

○ automated monitoring of our websites and other technical systems, such as our computer networks and connections, CCTV and access control systems, communications systems, email and instant messaging systems.

 

How and why we use your personal data 

Under data protection law, we can only use your personal data if we have a proper reason for doing so, e.g.:

  • to comply with our legal and regulatory obligations;
  • for the performance of our contract/retainer with you or to take steps at your request before entering into a contract;
  • for our legitimate interests or those of a third party; or
  • where you have given consent.

 

A legitimate interest is when we have a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests. The following explains what we use (process) your personal data for and our reasons for doing so:

 

What we use your personal data for:

Our reasons

  • To provide legal services to you
  • For the performance of our contract with you or to take steps at your request before entering into a contract
  • Conducting checks to identify our clients and verify their identity
  • Screening for financial and other sanctions or embargoes
  • Other processing necessary to comply with professional, legal and regulatory obligations that apply to our business, e.g. under health and safety regulation or rules issued by our professional regulator
  • To comply with our legal and regulatory obligations
  • Gathering and providing information required by or relating to audits, enquiries or investigations by regulatory bodies
  • To comply with our legal and regulatory obligations
  • Ensuring business policies are adhered to, e.g. policies covering security and internet use
  • For our legitimate interests or those of a third party, i.e. to make sure we are following our own internal procedures so we can deliver the best service to you
  • Operational reasons, such as improving For our legitimate interests or those of a third party, i.e. to be as efficient as we can so we can deliver the efficiency, training and quality control best service for you at the best price
  • Ensuring the confidentiality of commercially sensitive information
  • For our legitimate interests or those of a third party, i.e. to protect our intellectual property and other commercially valuable information
  • To comply with our legal and regulatory obligations
  • Statistical analysis to help us manage our practice, e.g. in relation to e.g. our financial performance, client base, work type or other efficiency measures
  • For our legitimate interests or those of a third party, i.e. to be as efficient as we can so we can deliver the best service for you at the best price
  • Preventing unauthorised access and modifications to systems
  • For our legitimate interests or those of a third party, i.e. to prevent and detect criminal activity that could be damaging for us and for you
  • To comply with our legal and regulatory obligations
  • Updating and enhancing client records
  • For the performance of our contract with you or to take steps at your request before entering into a contract
  • To comply with our legal and regulatory obligations
  • For our legitimate interests or those of a third party, e.g. making sure that we can keep in touch with our clients about existing and new services
  • Statutory returns To comply with our legal and regulatory obligations
  • Ensuring safe working practices, staff administration and assessments
  • To comply with our legal and regulatory obligations
  • For our legitimate interests or those of a third party, e.g. to make sure we are following our own internal procedures and working efficiently so we can deliver the best service to you
  • Marketing our services and those of selected third parties to:

—existing and former clients;

—third parties who have previously expressed an interest in our services;

—third parties with whom we have had no previous dealings.

  • For our legitimate interests or those of a third party, i.e. to promote our business to existing and former clients
  • Credit reference checks via external credit For our legitimate interests or a those of a third party, reference agencies i.e. for credit control and to ensure our clients are likely to be able to pay for our services
  • External audits and quality checks, e.g. for Lexcel, ISO or Investors in People accreditation and the audit of our accounts For our legitimate interests or a those of a third party, i.e. to maintain our accreditations so we can demonstrate we operate at the highest standards
  • To comply with our legal and regulatory obligations
  • The above table does not apply to special category personal data, which we will only process with your explicit consent.

 

Promotional communications

  • We may use your personal data to send you updates (by email, text message, telephone or post) about legal developments that might be of interest to you and/or information about our services, including exclusive offers, promotions or new services or products.
  • We have a legitimate interest in processing your personal data for promotional purposes (see above ‘How and why we use your personal data’). This means we do not usually need your consent to send you promotional communications. However, where consent is needed, we will ask for this consent separately and clearly.
  • We will always treat your personal data with the utmost respect and never sell OR share it with other organisations for marketing purposes.
  • You have the right to opt out of receiving promotional communications at any time by
  • emailing mail@johnwright.co.im
  • calling +44 1624611999
  • using the ‘unsubscribe’ link in emails or ‘STOP’ number in texts
  • We may ask you to confirm or update your marketing preferences if you instruct us to provide further services in the future, or if there are changes in the law, regulation, or the structure of our business.

 

Who we share your personal data with?

We routinely share personal data with:

  • professional advisers who we instruct on your behalf or refer you to, e.g. barristers, medical professionals, accountants, tax advisors or other experts;
  • other third parties where necessary to carry out your instructions, e.g. your mortgage provider or the IoM Land Registry in the case of a property transaction or IoM Companies Registry, Legal Aid, High Court Office, Summary Courts Office;
  • credit reference agencies;
  • our insurers and brokers;
  • external auditors, e.g. in relation to ISO or Lexcel accreditation and the audit of our accounts;
  • our banks;
  • external service suppliers, representatives and agents that we use to make our business more efficient, e.g. typing services, marketing agencies, document collation or analysis suppliers.

We only allow our service providers to handle your personal data if we are satisfied they take appropriate measures to protect your personal data. We also impose contractual obligations on service providers relating to ensure they can only use your personal data to provide services to us and to you.

We may disclose and exchange information with law enforcement agencies and regulatory bodies to comply with our legal and regulatory obligations.

We may also need to share some personal data with other parties, such as potential buyers of some or all of our business or during a re-structuring. Usually, information will be anonymised, but this may not always be possible. The recipient of the information will be bound by confidentiality obligations. 

 

Where your personal data is held

  • Information may be held at our offices and those of our third-party agencies, service providers, representatives and agents as described above (see ‘Who we share your personal data with’).
  • Some of these third parties may be based outside the European Economic Area. For more information, including on how we safeguard your personal data when this occurs, see below: ‘Transferring your personal data out of the EEA’.

 

How long your personal data will be kept

We will keep your personal data for as long as we continue to advise you or act for you and, after we have finished advising or acting for you.

We will do so for one of these reasons:

  • to respond to any questions, complaints or claims made by you or on your behalf;
  • to show that we treated you fairly;
  • to keep records required by law

We will not retain your data for longer than necessary for the purposes set out in this policy. Basically, because under the Limitation Act you have a maximum period of 15 years from the date we cease to advise or act for you within which to make a claim against us we will hold information for no longer than 15 years. It we can delete or anonymise it before that period ends, we will do so. When it is no longer necessary to retain your personal data, we will delete or anonymise it.

 

Transferring your personal data out of the EEA

To deliver services to you, it is sometimes necessary for us to share your personal data outside the European Economic Area (EEA), e.g.:

  • with our offices outside the EEA;
  • with your and our service providers located outside the EEA;
  • if you are based outside the EEA;
  • where there is an international dimension to the matter in which we are advising you.

These transfers are subject to special rules under European and UK data protection law.

Regardless of whether the European Commission has assessed a country as providing an adequate level of protection for personal data, we will ensure the transfer complies with data protection law and all personal data will be secure. Our standard practice is to use standard data protection contract clauses which have been approved by the European Commission.

If you would like further information, please contact us.

 

Your rights

You have the following rights, which you can exercise free of charge:

  • Access The right to be provided with a copy of your personal data
  • Rectification The right to require us to correct any mistakes in your personal data
  • To be forgotten The right to require us to delete your personal data—in certain situations
  • Restriction of processing The right to require us to restrict processing of your personal data—in certain circumstances, e.g. if you contest the accuracy of the data
  • Data portability The right to receive the personal data you provided to us, in a structured, commonly used and machine-readable format and/or transmit that data to a third party—in certain situations
  • To object The right to object:

—at any time to your personal data being processed for direct

marketing (including profiling);

—in certain other situations to our continued processing of

your personal data, e.g. processing carried out for the purpose of

our legitimate interests.

  • Not to be subject to automated individual decision-making
  • The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you

 

For further information on each of those rights, including the circumstances in which they apply, please contact us or see the Isle of

Man’s Information Commissioner’s website (below) for further information or Guidance from the UK Information Commissioner’s Office (ICO) on individuals’ rights under the General Data Protection Regulation.

If you would like to exercise any of those rights, please:

  • email, call or write to us —see below: ‘How to contact us’; and
  • let us have enough information to identify you (e.g. your full name, address and client or matter reference number);
  • 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 what right you want to exercise and the information to which your request relates.

 

Keeping your personal data secure

 We have appropriate security measures to prevent personal data from being accidentally lost or used or accessed unlawfully. We limit access to your personal data to those who have a genuine business need to access it.

Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

If you want detailed information from Get Safe Online on how to protect your information and your computers and devices against fraud, identity theft, viruses and many other online problems, please visit www.getsafeonline.org. Get Safe Online is supported by UK Government and leading businesses.

 

How to complain

We hope that we can resolve any query or concern you may raise about our use of your information.

The General Data Protection Regulation also gives you right to lodge a complaint with a supervisory authority, in the state where you work, normally live or where any alleged infringement of data protection laws occurred. The supervisory authority in the IoM is the Information Commissioner who may be contacted at

Prospect House
Prospect Hill
Douglas
IM1 1ET

+44 1624 693260

https://www.inforights.im/

Changes to this privacy policy 

This privacy policy was published on 01 April 2019 and last updated on 01 April 2019.

We may change this privacy policy from time to time, when we do, we will inform you via updates to our website and this privacy policy.

 How to contact us

Please contact us by post, email or telephone if you have any questions about this privacy policy or the information, we hold about you.

 

Our contact details

Postal correspondence only: John Wright 16 Willowbrook Gardens Douglas IM2 2QQ

E-mail: mail@johnwright.co.im

Tel: +44 1624611999

 

Our Regulator is

IoM Law Society
Hall of the Society
27 Hope Street
Douglas
IM1 1AR

+44 1624 662910

https://www.iomlawsociety.co.im/member-of-the-public/faqs/

Contact Details

John Wright - John Wright Legal Consultant Limted

Oikyn yn Waag, 16 Willowbrook Gardens, Douglas, Isle of Man. IM2 2QQ

T: + 44 1624 611999 | M: + 44 7624 494640
F: + 44 1624 627344

Email: mail@johnwright.co.im

John Wright Legal Consultant Limited. Incorporated in Isle of Man 009159V. Incorporated Legal Practice. Recognised and Regulated by Isle of Man Law Society.
Registered Office and practising address:- Oikyn yn Waag 16 Willowbrook Gardens Douglas Isle of Man IM2 2QQ
© John Wright Legal Consultant Limited. All Rights Reserved.