GDPR and Privacy

JOHN WRIGHT GDPR PRIVACY POLICY

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

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

When I use your personal data I am 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 I am responsible as ‘controller’ of that personal data for the purposes of the GDPR. My 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 or I: John Wright and any staff member

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 I would need to collect your personal information?

when you request information from me or provide information to me;
when you or the organisation you work for engages my 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 my clients;
as a result of your relationship with one or more of my 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 me;
when you complete application forms on my websites;
when you attend my seminars or other hosted events;
when I conduct open source searches on you in connection with my business acceptance or business development processes;
when you visit my Website and online services (including mobile apps);
if you are an employee of or consultant to me or my the firm; and
when you are entered onto my mailing lists to receive publications and other marketing emails.

Personal data we collect about you

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

Your name, address and telephone number
Information to enable me 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 my advice or representation
Information to enable me 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 me on a family matter or a will
Your employment status and details including salary and benefits, e.g. if you instruct me 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 me on an immigration matter
Details of your pension arrangements, e.g. if you instruct me 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 me 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 me on a discrimination claim
Your trade union membership, e.g. if you instruct me on a 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 me to incorporate a company for you
Your medical records, e.g. if I am acting for you in a personal injury claim

This personal data is required to enable me to provide my service to you.

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

How your personal data is collected

I collect most of this information from you, direct or via our secure online client portal. However, I 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 my website—we use cookies on our website
via my 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 my computer networks and connections, CCTV and access control systems, communications systems, email and instant messaging systems.

How and why I use your personal data

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

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

A legitimate interest is when I 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 I use (process) your personal data for and our reasons for doing so:

What I use your personal data for:

My reasons

To provide legal services to you
For the performance of my contract with you or to take steps at your request before entering into a contract
Conducting checks to identify my 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 my professional regulator
To comply with my legal and regulatory obligations
Gathering and providing information required by or relating to audits, enquiries or investigations by regulatory bodies
To comply with my legal and regulatory obligations
Ensuring business policies are adhered to, e.g. policies covering security and internet use
For my legitimate interests or those of a third party, i.e. to make sure I am following my own internal procedures so I can deliver the best service to you
Operational reasons, such as improving my legitimate interests or those of a third party, i.e. to be as efficient as I can so I can deliver the efficiency, training and quality control best service for you at the best price
Ensuring the confidentiality of commercially sensitive information
For my legitimate interests or those of a third party, i.e. to protect my intellectual property and other commercially valuable information
To comply with my legal and regulatory obligations
Statistical analysis to help me manage my practice, e.g. in relation to e.g. my financial performance, client base, work type or other efficiency measures
For my legitimate interests or those of a third party, i.e. to be as efficient as I can so we can deliver the best service for you at the best price
Preventing unauthorised access and modifications to systems
For my legitimate interests or those of a third party, i.e. to prevent and detect criminal activity that could be damaging for me and for you
To comply with my legal and regulatory obligations
Updating and enhancing client records
For the performance of my contract with you or to take steps at your request before entering into a contract
To comply with my legal and regulatory obligations
For my legitimate interests or those of a third party, e.g. making sure that I can keep in touch with my 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 my legal and regulatory obligations
For my legitimate interests or those of a third party, e.g. to make sure I am following my own internal procedures and working efficiently so I can deliver the best service to you
Marketing my services and those of selected third parties to:

—existing and former clients;

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

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

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

Promotional communications

I 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 my services, including exclusive offers, promotions or new services or products.

I have a legitimate interest in processing your personal data for promotional purposes (see above ‘How and why we use your personal data’). This means I do not usually need your consent to send you promotional communications. However, where consent is needed, I will ask for this consent separately and clearly.
I 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
I may ask you to confirm or update your marketing preferences if you instruct me to provide further services in the future, or if there are changes in the law, regulation, or the structure of my business.

Who I share your personal data with?

I routinely share personal data with:

professional advisers who I 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 my accounts;
my banks;
external service suppliers, representatives and agents that I use to make our business more efficient, e.g. typing services, marketing agencies, document collation or analysis suppliers.

I only allow our service providers to handle your personal data if I am satisfied they take appropriate measures to protect your personal data. I also impose contractual obligations on service providers to ensure they can only use your personal data to provide services to me and to you.

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

I may also need to share some personal data with other parties, such as potential buyers of some or all of my 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 my offices and those of any third-party agencies, service providers, representatives and agents as described above (see ‘Who I share your personal data with’).
Some of these third parties may be based outside the European Economic Area. For more information, including on how I 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

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

I 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

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

Transferring your personal data out of the EEA

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

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

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

Regardless of whether the European Commission has assessed a country as providing an adequate level of protection for personal data, I will ensure the transfer complies with data protection law and

all personal data will be secure. My 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 me.

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 me to correct any mistakes in your personal data
To be forgotten The right to require me to delete your personal data—in certain situations
Restriction of processing The right to require me 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 me, 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 my continued processing of

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

my 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 me —see below: ‘How to contact me’; and
let me have enough information to identify you (e.g. your full name, address and client or matter reference number);
let me 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 me 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. I 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.

I also have procedures in place to deal with any suspected data security breach. I will notify you and any applicable regulator of a suspected data security breach where I am 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

I hope that I can resolve any query or concern you may raise about my 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 06 April 2020.

I may change this privacy policy from time to time, when I do, I will inform you via updates to my website and this privacy policy.

How to contact us

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

My contact details

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

e-mail mail@johnwright.co.im

+44 1624611999

My 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/