We take your privacy very seriously. Please read this privacy policy carefully as it contains important information on how and why we collect, store, use and share your personal data. It also explains your rights in relation to your personal data and what to do if you have a complaint.
This privacy policy does not apply to any third-party websites that may have links to our own website.
Clients of this firm should read this policy alongside our general terms and conditions, which provide further information on confidentiality.
1. Who are we and what do we do?
Lexington Ashworth Ltd (trading as “Lexington Ashworth Solicitors”) is a law firm, authorised and regulated by the Solicitors Regulation Authority under number 8011832. Contact details can be found at section 16.
We collect, use and are responsible for certain personal data about you. When we do so we must comply with the UK General Data Protection Regulation (UK GDPR).
Our services and website are not aimed specifically at children who are usually represented by their parents or guardians. If you are a child and you want further information about how we might use your data, please contact us (see ‘How to contact us’ at section 16).
2. Terminology
2.1. It would be helpful to explain some key terms used in this policy:
| Term | Definition |
|---|---|
| "We, us, our" | Lexington Ashworth Solicitors |
| 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 data. Biometric data (where used for identification purposes). Data concerning health, sex life or sexual orientation." |
| Data subject | The individual who the personal data relates to |
| "You, your" | "As the context dictates, our clients and individuals associated with them, contacts, suppliers and any individuals whose personal data we receive in the course of providing our services" |
3. Personal data we collect
3.1. We collect or use the following information in relation to our clients:
| Personal data we will collect | Personal data we may collect depending on the matter in which we are instructed |
|---|---|
|
|
3.2. The main purpose of collecting and using this information is to provide products and services to our clients. However, we may also collect and use the above information for the purposes set out in section 5.3.
3.3. If you do not provide personal data we ask for, it may delay or prevent us from providing those services.
4. How your personal data is collected
4.1. We collect most of the above information from you.
4.2. However, we may also collect information:
- from publicly accessible sources, e.g. Companies House or HM Land Registry;
- directly from a third party, e.g.:
- sanctions screening providers;
- credit reference agencies;
- client due diligence providers;
- from a third party with your consent, eg:
- your bank or building society, another financial institution or advisor;
- your legal advisor, employer and/or trade union, professional body or pension administrators;
- your doctors, medical and occupational health professionals;
- via our website—we use cookies and similar technologies on our website (for more information on cookies, please see our [Cookie Policy]); and
- via our security, information technology (IT) systems, eg:
- via our case management, document management and time recording systems;
- from door entry systems and reception logs;
- through 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.
5. How and why we use personal data
5.1. Under data protection law, we can only use your personal data if we have a proper reason, eg:
- you have given consent—where we need your consent, we will ask for it separately of this privacy policy and you can withdraw consent at any time;
- to comply with our legal and regulatory obligations;
- to fulfil our contract with you or take steps at your request before entering into a contract; or
- for our legitimate interests or those of a third party.
5.2. A legitimate interest is when we have a business or commercial reason to use your personal data, so long as this is not overridden by your own rights and interests. We will carry out an assessment when relying on legitimate interests, to balance our interests against your own. You have the right to object to processing based on legitimate interests. We must then stop the processing unless we can demonstrate compelling legitimate grounds which override your interests, rights and freedoms or the processing is required to establish, exercise or defend legal claims.
5.3. The table below explains what we use your personal data for and why.
| What we use your personal data for | Our reasons |
|---|---|
| Providing services to our clients | To fulfil our contract with clients or to take steps at their request before entering into a contract |
| Preventing and detecting fraud against you or us | For our and/or your legitimate interests, i.e. to minimise fraud that could be damaging for you and/or us |
| "Conducting checks to identify our clients and verify their identityScreening for financial and other sanctions or embargoesOther activities necessary to comply with professional, legal and regulatory obligations that apply to our business, e.g. under health and safety law or rules issued by our professional regulator" | To comply with our legal and regulatory obligations |
| To check whether there is any conflict of interest between us and you and/or between you and another client | To comply with our legal and regulatory obligations |
| To enforce legal rights or defend or take legal proceedings | Depending on the circumstances:—to comply with our legal and regulatory obligations—for our legitimate interests or those of a third party |
| "Gathering and providing information required by or relating to audits, enquiries or investigations by regulatory bodies" | Depending on the circumstances:—to comply with our legal and regulatory obligations—for our legitimate interests |
| "Ensuring internal business policies are complied with, e.g. policies covering security and internet use" | "For our legitimate interests, i.e. to make sure we are following our own internal procedures so we can deliver the best service to our clients" |
| "Operational reasons, such as improving efficiency, training and quality control" | "For our legitimate interests, i.e. to be as efficient as we can so we can deliver the best service to our clients at the best price" |
| Ensuring the confidentiality of commercially sensitive information | "Depending on the circumstances:—for our legitimate interests, i.e. to protect trade secrets and other commercially valuable information—to comply with our legal and regulatory obligations" |
| "Statistical analysis to help us manage our business, e.g. in relation to our financial performance, client base, services range or other efficiency measures" | "For our legitimate interests, i.e. to be as efficient as we can so we can deliver the best service to our clients at the best price" |
| "Protecting the security of systems and data used to provide services, preventing unauthorised access and changes to our systems" | "Depending on the circumstances:—for our legitimate interests, ie to prevent and detect criminal activity that could be damaging for you and/or us—to comply with our legal and regulatory obligations" |
| Updating and enhancing client records | "Depending on the circumstances:—to fulfil 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, eg making sure 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" | "Depending on the circumstances:—to comply with our legal and regulatory obligations—for our legitimate interests, e.g. to make sure we are following our own internal procedures and working efficiently so we can deliver the best service to you" |
| Providing information updates and/or marketing our services to existing and former clients and third parties | "Depending on the circumstances:—for our legitimate interests, i.e. to promote our business—consent (which you can withdraw at any time)" |
| Credit reference checks via external credit reference agencies | "For our legitimate interests, i.e. to ensure our clients are likely to be able to pay for our services" |
| To deal with complaints or claims | "Depending on the circumstances:—to comply with our legal and regulatory obligations—for our or your legitimate interests, e.g. to make sure any potential claim is reported to our insurer" |
| "External audits and quality checks, e.g. for Lexcel accreditation and the audit of our accounts" | "Depending on the circumstances:—for our legitimate interests, i.e. to achieve and maintain relevant accreditations so we can demonstrate we operate at the highest standards—to comply with our legal and regulatory obligations" |
| "To share your personal data with members of our group and third parties that will or may take control or ownership of some or all of our business (and professional advisors acting on our or their behalf) in connection with a significant corporate transaction or restructuring, including a merger, acquisition, asset sale or in the event of our insolvencyIn such cases information will be anonymized where possible and only shared where necessary" | "Depending on the circumstances:—to comply with our legal and regulatory obligations—in other cases, for our legitimate interests, i.e. to protect, realise or grow the value in our business and assets" |
5.4. Where we process special category personal data (see section 2 ‘Terminology’), we will also ensure we are permitted to do so under data protection laws, e.g.:
- we have your explicit consent;
- the processing is necessary to protect your (or someone else’s) vital interests where you are physically or legally incapable of giving consent;
- the processing is necessary to establish, exercise or defend legal claims; or
- the processing is necessary for reasons of substantial public interest.
6. Marketing
6.1. We may use your personal data to send you updates (e.g. by email, text message, telephone, post or social media channels) about our services, including exclusive offers, promotions or new services.
6.2. We have a legitimate interest in using your personal data for marketing purposes (see section 5 ‘How and why we use your personal data’). This means we do not usually need your consent to send you marketing information. Where this is not the case, we will always ask for your consent.
6.3. In all cases, you have the right to opt out of receiving marketing communications at any time by:
- Contacting us at Insert Marketing Email Address,
- Using the ‘unsubscribe’ link in emails or ‘STOP’ number in texts; or
- Updating your marketing preferences on our [Insert Link to Preference Centre].
6.4. We may ask you to confirm or update your marketing preferences if you ask us to provide further services in the future, or if there are changes in the law, regulation, or the structure of our business.
6.5. We will always treat your personal data with the utmost respect and never share it with other organisations for marketing purposes.
7. Who we share your personal data with
7.1. We routinely share personal data with:
- third parties we use to help deliver our services, e.g. providers of our case management and finance system, IT service providers including cloud service providers such as data storage platforms, shared service centres and financial institutions in connection with invoicing and payments;
- third party external advisors or experts engaged in the course of providing services, e.g. barristers, tax advisors, local counsel and technology service providers such as eDiscovery and document review platforms;
- companies providing services for money laundering checks and other crime prevention purposes and companies providing similar services, including financial institutions and credit reference agencies;
- Other third parties we use to help promote our business, e.g. marketing agencies;
- third parties approved by you, e.g. social media sites you choose to link your account to or third party payment providers;
- Our insurers and brokers;
- Our banks.
7.2. We only allow those organisations to handle your personal data if we are satisfied, they take appropriate measures to protect your personal data. We ensure all outsourcing providers operate under service agreements that are consistent with our legal and professional obligations, including in relation to confidentiality.
7.3. We or the third parties mentioned above may occasionally also share personal data with:
- Our external auditors, e.g. in relation to the audit of our accounts, in which case the recipient of the information will be bound by confidentiality obligations;
- Our and their professional advisors (such as lawyers and other advisors), in which case the recipient of the information will be bound by confidentiality obligations;
- law enforcement agencies, courts, tribunals and regulatory bodies to comply with our legal and regulatory obligations;
- other parties that have or may acquire control or ownership of our business (and our or their professional advisers) in connection with a significant corporate transaction or restructuring, including a merger, acquisition or asset sale or in the event of our insolvency—usually, information will be anonymized but this may not always be possible and the recipient of any of your personal data will be bound by confidentiality obligations.
7.4. If you would like more information about who we share our data with and why, please contact we (see ‘How to contact us as section 16).
8. Where your personal data is held
8.1. Personal data may be held at our offices and those of our third party agencies, service providers, representatives and agents as described in section 7 ‘Who we share your personal data with’.
8.2. Some of these third parties may be based outside the UK. For more information, including on how we safeguard your personal data when this occurs, see section 10 ‘Transferring your personal data abroad’.
9. How long your personal data will be kept
9.1. We will not keep your personal data for longer than we need it for the purpose for which it was collected or as required by law.
9.2. As a general rule, we will keep your personal data for at least seven years from the conclusion of your matter, in case you, or we, need to bring or defend any complaints or claims. However, different retention periods apply for different types of personal data and for different services, e.g.:
- We will need to keep information relating to a trust for the duration of that trust and for a minimum of seven years thereafter.
- in probate matters where there is a surviving spouse or civil partner, personal data may be retained until the survivor has died, to deal with the transferable inheritance tax allowance;
- Wills and related documents may be kept indefinitely;
- Deeds related to unregistered property may be kept indefinitely as they evidence ownership.
- Where the matter involves a child, we will keep information for an appropriate period after the child turns 18.
9.3. Following the end of the of the relevant retention period, we will delete or anonymise your personal data.
9.4. If you would like further information about how long we keep your personal data, please contact us (see ‘How to contact us at section 16).
10. Transferring your personal data abroad
10.1. It is sometimes necessary for us to transfer your personal data to countries outside the UK. This may include countries which do not provide the same level of protection of personal data as the UK.
10.2. We will transfer your personal data outside the UK only where:
- The UK government has decided the recipient country ensures an adequate level of protection of personal data (known as an adequacy decision); or
- There are appropriate safeguards in place (e.g. standard contractual data protection clauses published or approved by the relevant data protection regulator), together with enforceable rights and effective legal remedies for you; or
- A specific exception applies under data protection law.
10.3. For more information, please contact us using the How to contact us information at section 16.
11. Your rights
11.1. You have the following rights, which you can exercise free of charge:
| Right | Description |
|---|---|
| Access | You have the right to ask us for copies of your personal data. You can request other information such as where we get personal data from and who we share personal data with. There are some exemptions which means you may not receive all the information you ask for. |
| Rectification | You have the right to ask us to correct or delete personal data you think is inaccurate or incomplete. |
| Erasure (also known as the right to be forgotten) | You have the right to ask us to delete your personal data—in certain situations. |
| Restriction of processing | "You have the right to ask us to limit how we use your personal data—in certain situations, e.g. if you contest the accuracy of the data." |
| Data portability | You have the right to ask that we transfer the personal data you gave us to another organisation or to you—in certain situations. |
| To object | "You have 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 our legitimate interests unless we demonstrate compelling legitimate grounds for the processing which override your interests or for establishing, exercising or defending legal claims." |
| 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. |
| The right to withdraw consent | "When we use your consent as our lawful basis, you have the right to withdraw that consent at any time.You may withdraw consents by contacting us.Withdrawing consent will not affect the lawfulness of our use of your personal data in reliance on that consent before it was withdrawn." |
11.2. If you make a request, we must respond to you without undue delay and in any event within one month.
11.3. If you would like to exercise any of those rights, please:
- Complete a data subject request form—available on our website at [Link to Request Form]; or
- Email, call or write to us—see section 16 ‘How to contact us’; and
- Provide enough information to identify yourself (eg your full name, address and client or matter reference number) and any additional identity information we may reasonably request from you;
- Let us know what right you want to exercise and the information to which your request relates.
12. Keeping your personal data secure
12.1. We have implemented appropriate technical and organisational measures to keep your personal data confidential and secure from unauthorised access, use and disclosure. We limit access to your personal data to those who have a genuine business need to access it. Those processing your personal data will do so only in an authorised manner and are subject to a duty of confidentiality.
12.2. We require our business partners, suppliers and other third parties to implement appropriate security measures to protect personal data from unauthorised access, use and disclosure.
12.3. We also have procedures 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 required to do so.
13. How to complain
13.1. Please contact us if you have any queries or concerns about our use of your personal data (see ‘How to contact us’ at section 16). We hope we will be able to resolve any issues you may have.
13.2. You may also have the right to lodge a complaint with the Information Commissioner’s Office (the UK data protection regulator also known as the ICO).
13.3. The contact details for the ICO are:
- Information Commissioner’s Office
- Wycliffe House
- Water Lane
- Wilmslow
- Cheshire
- SK9 5AF
- Helpline number: 0303 123 1113
- Website: https://www.ico.org.uk/make-a-complaint
14. Changes to this privacy policy
14.1. This privacy policy was published on [Insert Date] and last updated on [Insert Date].
14.2. We may change this privacy policy from time to time. When we do we will publish the updated version on our website and ask for your consent to the changes if legally required.
15. Updating your personal data
15.1. We take reasonable steps to ensure your personal data remains accurate and up to date. To help us with this, please let us know if any of the personal data you have provided to us has changed, eg your surname or address—see ‘How to contact us’ at section 16).
16. How to Contact Us
Please contact us if you have any questions about this Privacy Policy or the information, we hold about you.
If you wish to contact us, please:
- Write to: Lexington Ashworth Solicitors, Dale House, Tiviot Dale, Stockport, SK1 1TA
- Call:+44 161 566 3285
- Email:info@lexingtonashworth.com
- Use our Website Contact Form: Contact Us