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Privacy Notice

 

Privacy Notice

Date of last revision: 30 August 2018

1.  About this notice

We are committed to protecting and respecting your privacy. In order to provide legal services to our clients, including advice
and representation services, we need to collect and hold personal data. This includes our client’s personal data and the personal
data of others who feature in the matter upon which we are instructed. This Privacy Notice describes to you:

  • Who we are.
  • What personal data we collect and store about you, and how we collect it.
  • Why we collect personal data and what we do with it.
  • How we retain your information and keep it secure.
  • Your rights and how to exercise them.
  • How to contact me.

2.  Who are we?

For the purposes of data protection law, our Nigel Davies is our “Data Controller”. We and our Nigel Davies are registered with
the Information Commissioner’s Office (“ICO”), the UK’s supervisory authority for data protection matters, as a Data Controller
for the personal data that we hold and process. Our registered address is Davies & Davies Associates Ltd, Lindale, Berry
Hill Road, Adderbury, Oxon OX17 3HF, my registration number is Z1194511.

If you would like to contact me about this notice, including if you wish to receive further information about any aspect of it,
you can contact me via our Data Protection manager, Nigel Davies, at ndavies@daviesanddavies.net.

3.  What information do we hold and process from or about you?

In the course of our business, which is the provision of legal and or chartered surveying services (“our Services”), we hold and
process personal data of many different types. This may include:

Personal details, including contact details

  • Family details.
  • Lifestyle and social circumstances.
  • Goods and Services.
  • Financial details.
  • Education, training and employment details.

We do not process “special category”, or sensitive classes of personal data.

4.  How do we collect personal data?

The vast majority of the personal data that we collect is provided to us by or on behalf of our clients for the purposes of enabling
us to provide our Services to them. Other information may be obtained by us from sources accessible to the public, including
subscription services.

5.  Whose personal data do we process?

We process personal data about our lay and professional clients, potential clients, about individuals who feature in the matter
in respect of which we are asked to provide legal services, witnesses and experts, opponents, other barristers with whom we
are working, court staff and members of the judiciary and others ancillary to actual or potential proceedings.

6.  Our Lawful Basis for processing your information

The General Data Protection Regulation (“GDPR”) requires data controllers, including us and our Nigel Davies, to have a lawful
reason (referred to in the GDPR as a “Lawful Basis” for processing personal data. We set out our lawful reasons
for processing below. Please note that more than one may apply at any given time.

We will use your personal data only for the purposes for which it was provided to us, unless we fairly consider that we need it
for another reason that is compatible with the original purpose and our professional obligations to our client do not prevent
us from such use.

Our lawful reasons for processing are:

  • Contractual Necessity – we will process your personal data on the basis that it is necessary to enable us to fulfill our contractual
    duties to you or to take steps to enter into a contract with you.
  • Legitimate Interests – we process your personal data for our legitimate business purposes, which include the following:
  • To provide our Services including advice and representation services to you as our client;
  • Where you are not our client, to provide our Services including advice and representation services to the client from whom or on whose behalf we have collected your personal data;
  • To carry out billing and administration services in relation to those services, including fee collection services;
  • To deal with complaints or concerns, including any legal or regulatory action;
  • To provide training to trainee solicitors, trainee surveyors and work experience students;
  • To ensure our network and systems are secure;
     
  • To assess and improve our services;
     
  • For accounting purposes;
     
  • For banking purposes;
  • For marketing purposes. Please note we will not share information from which you can be identified for marketing purposes unless you have consented or it is already lawfully in the public domain. You can remove yourself from our mailing list at any time by e-mail to ndavies@daviesanddavies.net.
  • Compliance with law – we process your personal data to enable us to comply with applicable laws. This includes:
      • To make statutory returns to HMRC for VAT and income tax purposes;
      • To comply with my professional and regulatory obligations;

       

    To make statutory returns to HMRC for VAT and income tax purposes;

  • To comply with my professional and regulatory obligations.
  • Performance of a task carried out in the public interest, namely processing necessary for the administration of justice.
  • Consent.

We may process your personal data with your consent. Where this is our lawful reason for processing, we will ensure that you have
consented to the processing for each specific purpose for which we will process your data. You may withdraw your consent at
any time and without giving any reason.

7.  Do we share your personal data?

For the purposes set out in this notice, and subject always to our professional obligations of confidentiality and the legal professional
privilege of our clients, we may provide your personal data to the following recipients:

  • Instructed barristers.
  • Other barristers, solicitors, legal representatives or experts with whom we are working.
  • Davies & Davies Associates Ltd’s trainees (including work experience students).
  • Davies & Davies Associates Ltd’s management and administration staff.
  • Davies & Davies Associates Ltd’s IT providers.
  • Our regulatory and/or legal advisors in the event of a dispute or other legal matter.
  • Opposing legal representatives.
  • Judges and Court staff.
  • Law enforcement officials, government authorities, or other third parties to meet our legal obligations.
  • Our accountant.
  • Our bank.
  • Any other party where we ask you and you consent to the sharing.

Please note that we do not use automated decision-making in the processing of your personal data.

8.  Do we transfer personal data outside the EEA?

Although we are based in England, we may transfer your personal data to a location outside the European Economic Area or to international
organisations if we consider it necessary or desirable for the purposes set out in this notice.

This data may be transferred electronically through our secure IT system, Dropbox, by hand through secure shipping or directly
by our Nigel Davies.

We have satisfied ourselves that such transferred data is fully protected and safeguarded as required by the General Data Protection
Regulation.

9.  How long will your personal data be kept?

We will not keep your information in a form that identifies you for longer than is necessary for the purposes set out in this notice
or as required by applicable law. Unless the specific circumstances require me to keep it, we will delete, destroy or anonymise
your information around 10 years after the end of the matter in which it featured. This will normally be around 10 years after
the end of the case, or 10 years after the date of the last payment or the date of writing-off of fees.

10.  How do we keep your personal data secure?

We have security measures in place designed to ensure appropriate security for your personal data, including protections against
unauthorised or unlawful processing and against accidental loss, destruction or damage.

Only authorised Davies & Davies Associates Ltd’s staff, trainees and third parties processing data on our behalf have access
to your personal data, and then only to the data necessary for the purposes for which they have been given access.

Measures have been taken to ensure that all persons who have access to your personal data process it in accordance with the law,
adhere to the Davies & Davies Associates Ltd’s Privacy Notice, the GDPR Policy and to the strict confidentiality rules
that apply to material protected by legal professional privilege.

Davies & Davies Associates Ltd’s has contractual safeguards in place with its third-party data processors (such as our
IT systems and software providers) to ensure that your personal data is processed only as instructed by Davies & Davies
Associates Ltd’s.

If you would like more information about this, or about anything else in this notice, please use the contact details in section
1.

11.  Your information rights

You have the following rights under data protection law:

  • To be informed about the collection and use of your personal data.
  • Access to your personal data, and the right to request a copy of the information that we hold about you
    and supplementary details about that information-you will be asked to provide proof of your identity and residential
    address, and you may be asked to provide further details to assist us in the provision of such information.
  • To have inaccurate personal data that we process about you rectified.
  • To erasure – in certain circumstances you have the right to have personal data that we process about
    you blocked, erased or destroyed.
  • To object to or restrict:
  • Processing of personal data concerning you for direct marketing;
  • Continued processing of your personal data.
  • Portability of your data in certain circumstances.

You will 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.

Please note that these rights are subject to certain limitations that exist in law. In particular, a number of rights are not exercisable in relation to personal data:

  • Such consists of information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.
  • Where disclosure of the data is:
  • necessary for the purpose of, or in connection with, legal proceedings (including prospective legal proceedings);
  • necessary for the purpose of obtaining legal advice, or
  • otherwise necessary for the purposes of establishing, exercising or defending legal rights

to the extent that the exercise of those rights would prevent us from making the disclosure

Please contact us using the details in section 1 of this notice if you would like to exercise any of these rights or know more
about them.

Further information about your information rights is available on the ICO’s website: https://ico.org.uk

12.  Accessing and Correcting Your Information

You may request access to, correction of, or a copy of your information by contacting our Nigel Davies at ndavies@daviesanddavies.net.

13.  Marketing Opt-Outs

You may opt out of specific communications at any time if they are not directly related to our commercial contract between
Davies & Davies Associates Ltd’s or any member of Davies & Davies Associates Ltd’s, with you or your company, or
the management of a legal case or proceedings.

14.  Cookies

The Davies & Davies Associates Ltd’s website may use cookies to better the user’s experience while visiting the website.
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is
added and the cookie helps analyse web traffic or lets you know when you visit a particular site.

Where applicable this website uses a cookie control system allowing you, on your first visit to the website, to allow or disallow
the use of cookies on their computer / device. This complies with recent legislation requirements for websites to obtain
explicit consent from users before leaving behind or reading files such as cookies on a user’s computer / device.

Traffic log cookies are used to identify which pages are being used. This helps those responsible for the upkeep and maintenance
of this website to analyse personal data about webpage traffic and improve the website in order to tailor it to user needs.
This information is only used for statistical analysis purposes and is then removed from the system.

You may refuse the use of cookies by selecting the appropriate settings on your browser, however, please note that if you
do this you may not be able to use the full functionality of this website.By using this website, you consent to the
processing of personal data about you in the manner and for the purposes set out above. The cookies in use to deliver
Google Analytics service are described in the table below.

Cookie Title Description
__utma Google These cookies are used to store information, such as what
__utmb Analytics time your current visit occurred, whether you have been to
__utmc   the site before, and what site referred you to the web page.
__utmv   These cookies contain no personally identifiable
__utmz   information but they will use your computer’s IP address to know from where in the world you are accessing
the Internet.
    Google stores the information collected by these cookies on servers in the United States. Google may transfer
this information to third-parties where required to do so by law, or where such third-parties process the
information on Google’s behalf.

This website does not support “Do Not Track” requests. To determine whether any of the third-party services it uses honour
the “Do Not Track” requests, please read their privacy notices.

More information about cookies or how to manage them on your computer can be found at https://ico.org.uk/for-the-public/online/cookies/.

15.  Usage analytics

Analytics allow Davies & Davies Associates Ltd’s to monitor and analyse web traffic and can be used to keep track of
how visitors to the site use it. HotJar web analytics captured by passive collection.
It does not collect any personally identifiable information (PII) that you do not voluntarily enter in this website.
The sole purpose of passively collecting this information is to improve your overall experience. It is automatically
collected, whilst navigating through and interacting with the site.

Information collected includes user mouse activity, browser and device specific log data:

  • Your device’s IP address (collected and stored in an anonymised format);
  • Device screen size;
  • Device type (unique device identifiers) and browser information;
  • Geographic location (country only); and
  • Preferred language used to display the webpage.

16.  Changes to this privacy notice

We will occasionally update this notice. When we make significant changes, we shall notify clients with open files of these
through either mail or email. We will also publish the updated Notice on our webpage on the Davies & Davies Associates
Ltd’s website.

17.  What should you do if you have a complaint?

We hope that you will be satisfied with the way in which we approach and use your personal data. Should you find it necessary,
you have a right to raise a concern with or make a complaint to the information regulator, the Information Commissioner’s
Office: https://ico.org.uk/. However, we hope that if you have a complaint about the way we handle your personal
data, you will contact us in the first instance via my Data Protection Manager at ndavies@daviesanddavies.net so that we have an opportunity to resolve it.

END OF PRIVACY NOTICE

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