J E Baring & Co First Floor, 63-66 Hatton Garden, London EC1N 8LE are a legal practice partnership authorised and regulated by the Solicitors Regulation Authority, number 46559 (“JEB”)
Our Data Protection Officer is Mr Jack Bending whose contact details are set out in section 18 below
- the personal information we collect about you;
- what we do with your information;
- who your information might be shared with and
- your rights.
JEB is both the data controller and processor for the purpose of the General Data Protection Regulation (GDPR) in respect of any personal information provided to us when you use our services.
Our contact details are set out in section 18 below
- when you request information from us to provide a quotation for our services;
- when you engage our legal and other services;
- as a result of your relationship with one or more of our clients; and
- when you use our website.
- INFORMATION COLLECTION
We will collect personal information directly from you, from our clients or their counterparties and authorised representatives.
We may also collect personal information from third parties such as Regulatory Authorities, your employer, other organisations with whom you have dealings, Government Agencies, Credit Reporting Agencies, information or service providers to include High Court Enforcement Officers, Bailiffs, and Enquiry Agents, publicly available records and the third parties described in section 5 below headed ‘Disclosure of your information.’
We may collect current and historical personal information including your name, contact details, identification, organisation, employment, positions held, financial status and enquiry/complaint details. We may also collect personal information about your other dealings with us and our clients, including any contact we have with you in person, by telephone, email, SMS and Whatsapp or online.
- USE OF YOUR INFORMATION
We may use your personal information if:
- it is necessary to provide a quotation or for the performance of a contract with you or necessary in connection with a legal and or compliance obligation; or
- you have provided your consent to such use; or
- we consider such use of your information as not detrimental to you, within your reasonable expectations, having a minimal impact on your privacy, and necessary to fulfil our legitimate interests; or
- we are otherwise required or authorised by law.
We use your information to:
- provide quotations and perform our contractual obligations to you;
- provide and improve our services and products to you;
- maintain and develop our relationship with you;
- facilitate our internal business operations;
- fulfil our legal obligations (including in relation to identification and anti-money laundering) and professional obligations;
- monitor and analyse our business;
- send you marketing material
We may not be able to do these things without your personal information.
We will only retain your personal information for as long as is reasonably necessary in the circumstances. Personal information provided in connection with the provision of our legal services will be retained for no longer than twelve years unless we agree otherwise with you.
- DISCLOSURE OF YOUR INFORMATION
We may share your information with third parties where:
- it is necessary to perform our contractual obligations to you;
- you have consented for us to do so;
- we are under a legal, regulatory or professional obligation to do so (for example, in order to comply with anti-money laundering requirements);
- it is necessary for the purpose of, or in connection with, legal proceedings, or to exercise or defend legal rights;
- if, in the future, we re-organise or transfer all or part of our business, we may need to transfer your information to new entities or third parties through which our business will be carried out;
- it is relevant in the circumstances to disclose the information to our clients, your employer or place of business, your professional advisers and parties with whom we have co-promotional arrangements
We use a third party service provider to provide services that involve data processing, for example IT support, auditing, reference checking, professional advisory (including legal, accounting, financial and business consulting), website, social media, research, banking, payment, client contact, data processing, insurance, litigation support, marketing and security services.
- INFORM US OF CHANGES
It is important that the personal information we hold about you is accurate and current to avoid any data breaches beyond our reasonable control. Please therefore keep us informed if your personal information changes in any way during your dealings with us.
- SHARING INFORMATION
We will not share your information with third parties without your consent or it being necessary to provide a quotation and / or carry out any contract entered into with you. For example, where we may be required to disclose some of your information with third parties to include;
- Instructing Counsel
- Enquiry and Enforcements agents and process servers
- H M Land Registry to register a property
- H M Revenue & Customs; e.g. for Stamp Duty Liability
- A Court or Tribunal, and
- Solicitors representing the other side to a transaction/case involving yourself
However, we have taken steps to ensure that all such entities keep your personal information confidential and secure and only use it for the purposes that we have specified and have informed you of. In relation to any other third parties, we reiterate that we will only disclose your information where you have given your consent or where we are required to do so by law, or where it is necessary for the purpose of, or in connection with contractual relationship or legal proceedings or in order to exercise or defend legal rights
We take reasonable steps to hold information securely in electronic or physical form and to prevent unauthorised access, modification or disclosure. Our information security policy is supported by a number of security standards, processes and procedures and we store information in access controlled premises or in electronic databases requiring logins and passwords. We require our third party data storage providers to comply with appropriate information security industry standards. All partners and staff and third party providers with access to confidential information are subject to confidentiality obligations.
The transmission of information via the internet is not completely secure. We cannot guarantee the security of your data transmitted to our online services; any transmission is at your own risk.
Cookies are small files saved to the users computer hard drive that track, save and store information about the users interactions and usage of the website. This in turn allows the website, through its server to provide the users with a tailored experience of our site.
We use a third party service, to collect standard internet log information and details of visitor’s behaviour patterns. This information is only processed in a way which does not identify anyone.
- DOWNLOADS & MEDIA FILES
Any downloadable documents, files or media made available on our website are provided to users at their own risk. We accept no responsibility for third party downloads and downloads provided by external third party websites and advise users to verify their authenticity by using anti-virus software or similar applications.
- THIRD PARTY SITES
Where our website and social media platforms contain links to third party websites visitors should consult such third parties privacy policies and be aware that we do not accept responsibility for any personal data provided to them by you. Users are further advised to adopt a policy of caution before clicking any external web links that may be mentioned throughout our website.
- YOUR RIGHTS
You have certain rights under existing data protection laws, including the right to (upon written request) access a copy of your personal data that we are processing. If you are based within the UK or the EEA or within another jurisdiction having similar data protection laws, in certain circumstances you will also have the following rights;
- to ask us to provide you with information regarding the Personal Data we process concerning you;
- to rectify, update or complement inaccurate or incomplete Personal Data concerning you;
- to delete or request the erasure of Personal Data concerning you;
- in certain circumstances to obtain of us that we restrict the way in which we process Personal Data concerning you;
- to withdraw any consent you may have given for us to process Personal Data concerning you;
- to object to our processing of Personal Data concerning you on the basis of our, or of third-parties’ legitimate interests;
- to obtain of us the portability of Personal Data concerning you which we process using automated means on the basis of your consent or of a contract you have entered into with us; and
- in the European Economic Area, to lodge a privacy complaint with a supervisory authority if you are unhappy with the way we have handled your Personal Data or any privacy query or request that you have raised with us.
Where your exercise of any of the rights above is dependent on JEB’s action, we will abide by our legal obligation to take reasonable measures to ascertain your identity and the legitimacy of your request, and may ask you to disclose to us any information necessary for that purpose.
We will respond to a legitimate request within 30 days although in certain limited circumstances, we may need to extend our response period as permitted by law.
Please also note that some of the rights above may not be applicable to you (or to all of the information about you that we are processing) due to the application of one or more of the Exemptions set out below
If you consider our use of your personal information to be unlawful, you have the right to lodge a complaint with the UK’s supervisory authority, the Information Commissioner’s Office. Please see further information on their website: ico.org.uk
Article 14 of the GDPR states that it is not necessary to supply information about the data we process where that information has not been received from the individual concerned and “where the personal data concerned must remain confidential subject to an obligation of professional secrecy regulated by [English] law”.
In addition, Schedule 2 of the Data Protection Act 2018 exempts us from providing information about:
Disclosures of personal data to us or by us where the disclosure is:
- required by an enactment, a rule of law, or an order of a court;
- 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 establishing, exercising or defending legal rights;
- processing of personal data that consists of information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.
Other exemptions will relate to the matters on which we are asked to advise our clients including:
- negotiations between our client and the data subject;
- matters relating to management forecasting or management planning in relation to our client;
- certain activities relating to corporate finance.
- IF YOU DO NOT WANT TO RECEIVE MARKETING INFORMATION FROM US
If you receive marketing materials relating to our services by email or post, you may withdraw your consent for us to send these to you at any time, by sending a letter or email to our contact addressed set out in section 18 below.
- WHAT HAPPENS IF WE DO NOT RECEIVE THE INFORMATION WE REQUIRE FROM YOU?
If we do not receive the information we require in order to verify the identity of our client or the individuals who control or own our client, we cannot act for that client.
We will not be able to act for an individual if we do not receive the personal data we require to communicate with that individual.
- AUTOMATIC DECISION MAKING
We do not make decisions based solely on automated data processing, including profiling.
- STATUS OF THIS POLICY
- CONTACT AND FURTHER INFORMATION
Mr J Bending
J E Baring & Co
63-66 Hatton Garden,
Tel: 020 72428966
Last updated: May 2018