Data Protection Privacy Notice for Clients

The safeguarding of your personal data is a priority for Heald Nickinson.  This Privacy Notice explains the personal data that we collect from you, how and why we use it, when and if we may share your data, how long we may keep it and your rights under the General Data Protection Regulation.

Heald Nickinson is a “data controller”. This means that we are responsible for deciding how we hold and use personal information about you. We are required under data protection legislation to notify you of the information contained in this privacy notice.

Who is in charge of Data Protection at Heald Nickinson?
The Senior Partner, Tony Struve, is our appointed Data Protection Manager.  He may be contacted on 01276 680000 or at tonystruve@healdnickinson.co.uk

What data do we collect about you?
The data we collect will vary in accordance with the matter you have instructed us on.  However, we may collect and use a wide range of personal data about you such as the following:

  • Your contact details such as name, address, telephone number and email address.
  • Your date of birth.
  • Your gender.
  • Your marital status and dependants
  • Your employment details
  • Financial information including your National Insurance number, bank account details, salary and payroll records, tax, pension and benefits information.
  • Photographs and other ID documents
  • Personal data relevant to your matter (for example, employment records, medical records etc).

We will only collect and use sensitive personal data (for example about your race or ethnicity, religious beliefs, sexual orientation and political opinions, trade union membership, health and sickness records) for prescribed purposes laid down by law or with your explicit consent.

On what legal basis do we use the personal data you supply?
We will process your personal data on one or more of the following legal grounds:

  • To fulfil the contract we have with you when you instruct us in your matter;
  • To comply with a legal obligation (for example, our obligation to carry out money-laundering checks)
  • You have provided your consent for us to process your data

We will process your sensitive personal data on one or more of the following legal grounds:

  • Because it is necessary for the establishment, exercise or defence of a legal claims or whenever courts are acting in their judicial capacity;
  • Because it is necessary to protect your vital interests on the vital interests of another person who is incapable of giving consent;
  • Because you have given your explicit consent to the processing of such data.

Processing of your data enables us to provide legal services to you and for related reasons including:

  • Enabling us to deal with your matter efficiently
  • To fulfil legal obligations
  • updating and enhancing client records
  • analysis to help us manage our practice
  • statutory returns
  • legal and regulatory compliance

If you object to providing us with personal data needed to fulfil our obligations towards you, we may need to decline your instructions.

Our use of that information is subject to your instructions, data protection law and our duty of confidentiality under the SRA Code of Conduct. 

How / when will we share your data?
We will not normally share your personal data without your consent.  However, please note that our work for you may require us to pass on such information to third parties such as expert witnesses and other professional advisers, including advisers appointed by another party to your matter.

We may also be required to share your personal data if we are under a duty to do so in order to comply with any legal obligation, to enforce or apply our contractual arrangements with you; or to protect the rights, property, or safety of others. This may include exchanging information with others who perform services for us, or, as may occur from time to time, when the practice is audited or checked by our accountants or our regulator, or by other organisations.

We do not normally share your information with anyone outside the European Economic Area, however we may do so however when the particular circumstances of your matter so require. In those circumstances, notify you of the need to do so and ensure that any transfer is compliant with the provisions of the General Data Protection Regulation.  We may transfer your data outside of the EU on the following legal basis:

  • with your informed consent;
  • because it is necessary for the performance of a contract between us or for pre-contractual steps taken at your request;
  • because it is necessary for the performance of a contract made in your interests between us and a third party;
  • because it is necessary for the establishment, exercise or defence of legal claims; or
  • because it is necessary to protect the vital interests of you or another person where that person is physically or legally incapable of giving consent

How long will we keep your personal data?
We are required under our professional guidelines to keep records of your matter for a number of years (depending upon the nature of your matter).  However, where possible, your personal data will be minimised and/or anonymised.  If you wish to know the retention period applicable to your matter, please ask.

Your Rights
Under certain circumstances, by law you have the right to: 

  • Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
  • Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
  • Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).
  • Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation, which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes.
  • Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
  • Request the transfer of your personal information to another party.

If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal data, or request that we transfer a copy of your personal information to another party, please contact Tony Struve in writing.

No fee usually required
You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.

What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.

Right to withdraw consent
In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact Tony Struve. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.

Data Protection – Your Obligations
If you send us personal data about anyone other than yourself you will ensure you have any appropriate consents and notices in place to enable you to transfer that personal data to us, and so that we may use it for the purposes for which you provide it to us.

Raising a Complaint
If you have any concerns regarding our privacy practices or about exercising your Data Protection rights, you may contact the Information Commissioner’s Office a the following address:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Tel: 0303 123 1113 or 01625 545 745

Any Questions?
If you have any questions concerning this Notice, please contact Tony Struve on 01276 680000 or email tonystruve@healdnickinson.co.uk

As we will process your personal data primarily to  assist you in your matter and  to comply with our legal obligations , we do not require your specific consent to process your data. However, we would be grateful if you could sign and return a copy of this notice (via post or email) to confirm that you have read and understood its contents.

Get in touch

Call us on 01276 680000

If you are a consumer and we have made contact with you by electronic means, you may be entitled to use an EU online dispute resolution service to assist with any contractual dispute you may have with us. That is at http://ec.europa.eu/commission/index_en

Call us on 01276 680000
  • brochure banner right
  • surgery banner right