tERMS OF engagement

VISITING A NOTARY PUBLIC AND MY TERMS OF BUSINESS

1.            Why a notary? It is almost always the case that you have been asked to see a notary because you have a document that needs to be used abroad. Seeing a notary is never a mere rubber-stamping exercise.  The international duty of a Notary involves a high standard of care.  This is not only towards the client but also to anyone who may rely on the document and to Governments or officials of other countries.  These people are entitled to assume that a Notary will ensure full compliance with the relevant requirements both here and abroad; and to rely on the Notary’s register and records. Great care is essential at every stage to minimise the risks of errors, omissions, alterations, fraud, forgery, money laundering, the use of false identity, and so on. 

I offer appointments during business hours and occasionally outside of business hours in exceptional circumstances however my fees may be increased to account for this. I am also prepared to make home visits or visit corporate clients at their place of business. If the notarial appointments take place outside of my office I will make an additional charge to cover travelling time and expenses.  Occasionally I may not be able to see you within the timeframe you require, or I may decide that I am not able to act for you in which case I will advise you that that is the case and will provide you with the necessary information to locate an alternative notary. 

2.            Signatures: The Notary should normally witness your signature.  Please do not sign the document in advance of your appointment with me. 

3.            Papers to be sent to me in advance:  It will save time, expense and mistakes if, as long before the appointment as possible, you can let me have the originals or photocopies of: 

·                  The documents to be notarised;

·                 Any letter or other form of instruction which you have received about what has to be done with the documents;

·                  Your evidence of identification. 

4.            Identification:  I will need you to produce by way of formal identification [1]the original of (in preferred order):

·                  Your current passport (or, if not available);

·                  A current new driving licence (with photo) or national identity card 

If neither of the above are available, at least two of the following

·                 A current government or police issue certificate bearing a photo or other formal means of identification;

·                 A utility bill, credit card or bank statement showing your current address which should not be more than 3 months old or council tax bill; 

You must also bring any other means of ID which may be referred to in the papers sent to you as being required such as a foreign Identity Card. I may also ask to see further evidence of identity such as marriage certificates etc and will advise you of this if necessary. 

5.            Proof of names:  In a case where the name on the document is different from the name you are currently using, or there has been a variation in the form of spelling of the name over the years, please provide me as appropriate with Certificates of Birth, Marriage or Divorce Decree or Change of Name Deed showing all the different names that you use.  If there has been a change of name, then I will need to see a copy of the Deed Poll or Statutory Declaration which dealt with it. 

6.            Advice on the document:  If you bring a document to me for authorisation as a Notary, I will advise you as to the formalities required for completing it. However, I will not be attempting to advise you about the transaction itself. 

7.            Written Translations:  It is essential that you understand what you are signing. 

·                 If the document is in a foreign language which you do not understand sufficiently, I may have to insist that a translation be obtained.  If I arrange for a translation, a further fee will be payable and I will provide you with details of this.

·                 If you arrange for a professional translation, the translator should add his/her name, address, relevant qualification, and a certificate stating: “Document X is a true and complete translation of document Y, to which this translation is attached.” 

8.            Oral Interpreter:  If you and I cannot understand each other because of a language difficulty, we may have to make arrangements for a competent interpreter to be available at our interview and this may involve a further fee.

9.            Companies, Partnerships etc:  If a document is to be signed by you on behalf of a company, a partnership, a charity, club or other incorporated body, there are further requirements on which I may have to insist.  Please be prepared for these and telephone with any point of difficulty before attending on the appointment.

In each case: 

1. Evidence of identity of the authorised signatory (as listed above).

2. A copy of the current letterhead (showing the registered office if it is a company).

3. A Letter of Authority, Minute, Resolution or Power of Attorney, authorising you to sign the document. 

Additionally, companies: Certificate of Incorporation and of any Change of Name, a copy of the Memorandum and Articles of Association, Details of Directors and Secretaries.  In all instances I will be carrying out various company searches, which may have an effect on the level of fees charged. 

Additionally, partnerships, clubs, etc: A Partnership Agreement; or relevant Trust Deed; or Charter; or Constitution/Rules. 

10.          Notarial charges and expenses:  Details of my charges are set out below. Please note that if I have to make payments on your behalf such as legalisation fees, translator or interpreter fees, or other costs such as travelling expenses, your approval to these will be obtained and you are normally required to make payment in advance of any such amounts. 

Charges:

If the matter is simple I will endeavour to charge a fixed fee to include disbursements such as legalisation fees, postage, consular agent fees, courier fees, travelling expenses, translating costs and so on. I do not charge VAT/VAT is payable on my fees. My minimum chare per document os £100.

For more complicated or time-consuming matters the fee will be based on my hourly rate of £250.00 subject to a minimum fee of £250.00, plus disbursements/VAT. The fee charged may include time spent on preliminary advice, drafting and preparation time, making and receiving telephone calls, correspondence written and received in all formats, arranging legalisation and record keeping. 

Disbursements: Some documents require legalisation before they will be accepted for use in the receiving jurisdiction by obtaining an apostille through the UK Foreign Commonwealth & Development Office and, for some countries, additional legalisation is required through the relevant embassy or consulate. The cost of legalisation in this matter, including agent’s fees and postage to and from the legalising authority, is approximately £65.00 depending on the fees charged by the agent which are subject to change. The cost of posting the documents to you/another person by signed for post/international tracked and signed for post/courier will be £65.00. Travelling fees will be decided and agreed in advance on a case by case basis]

Payment can be made by cash/cheque made payable to Jonathan P Durkin Notary Public bank transfer.  Payment of my fee and disbursements is due when the document has been prepared which I may retain pending payment in full. 

Occasionally unforeseen or unusual issues arise during the course of the matter which may result in a revision of my fee estimate. Examples of this could include where additional documents are required to be notarised, additional translations or legalisations are needed to meet the requirements of the receiving jurisdiction, third party fees are adjusted to reflect external factors such as fuel price changes and so on. I will notify you of any changes in the fee estimate as soon as possible.

11.          Typical Stages of a notarial transaction: Each notarial matter is different and the requirements and timescales will vary greatly according to whether the client is a private individual or a company and in particular according to the processing times of third parties such as the Foreign Commonwealth & Development Office, legalisation agents, translating agencies and couriers, etc . a typical transaction can take between 7-10 working days once you have attended for the appointment. Some of the typical key stages are likely to include:

 ·                 Receiving and reviewing the documents to be notarised together with any instructions you may have received

·                 Liaising with your legal advisors or other bodies to obtain the necessary documentation to deal with the document (e.g. information from Companies House or foreign registries, powers of attorney etc)

·                 Checking the identity, capacity and authority of the person who is to sign the document

·                 If a document is to be certified, checking with the issuing authorities that the document/award is genuine. In the case of academic awards, this would entail checking with the appropriate academic institutions.

·                 Meeting with the signatory to verify their identity and to ascertain that they understand what they are signing and that they are doing so of their own free will and ensuring that the document is executed correctly

·                 Drafting and affixing or endorsing a notarial certificate to the document

·                 Arranging for the legalisation of the document as appropriate

·                 Arranging for the storage of copies of all notarised documents in accordance with the requirements of the Notarial Practice Rules 2019 

12.          Notarial Records and Data Protection:  When I carry out my work for you, I am required to make an entry in a formal register, which is kept by me as a permanent record.  I will retain a copy of the notarised documentation with that record. My practice is a registered with the Information Commissioner’s Office. Personal data received from clients is held securely and not capable of being accessed externally. Data collected as part of notarial records is used solely for the purposes of meeting our professional legal responsibilities as Notaries Public. For full details of my PRIVACY POLICY and data processing terms please see my website: www.JonathanDurkin.co.uk 

13.          Insurance: In the interests of my clients I maintain professional indemnity insurance at a level of at least £3,000,000.00 per claim. 

14.          Termination/ Your Right to Cancel: You may terminate your instructions to me at any time by giving me reasonable written notice. All fees and disbursements incurred up to the date of termination will be charged. 

Consumer Cooling Off Cancellation Period –Consumer Contracts Regulations 2013 (“CCR”):

Where the CCR apply (typically where you are an individual consumer and my contract with you was concluded either at or following a meeting with you or by a form of distance communication) you have a cancellation period of 14 days after the date you sign my retainer letter or the date on which you continue to give me instructions, whichever is earlier.

You can cancel your contract within the cancellation period by giving me a clear statement and I will reimburse all payments received from you by the same method that you used, at no cost to you, without undue delay, and not later than 14 days after the day on which you inform me of the cancellation. 

If you ask us to begin work during the cancellation period, you can still cancel but you must pay me an amount in proportion to the work which I have performed and this proportion will not be reimbursed to you.

15.          Termination by me:  I reserve the right to terminate my engagement by you if I have good reason to do so, for example, if you do not pay a bill or comply with my request for a payment on account or you fail to give me the co-operation which I am reasonably entitled to expect.

 16.          Complaints:  My notarial practice is regulated through the Faculty Office of the Archbishop of Canterbury: 

The Faculty Office

1, The Sanctuary

Westminster

London  SW1P 3JT

Telephone 020 7222 5381               

Email Faculty.office@1thesanctuary.com    

Website www.facultyoffice.org.uk 

If you are dissatisfied about the service you have received please do not hesitate to contact me. 

If we are unable to resolve the matter you may then complain to the Notaries Society of which I am a member, who have a Complaints Procedure which is approved by the Faculty Office.  This procedure is free to use and is designed to provide a quick resolution to any dispute. 

In that case please write (but do not enclose any original documents) with full details of your complaint to :- 

 The Secretary of The Notaries Society

P O Box 1023

Ipswich IP1 9XB

Email secretary@thenotariessociety.org.uk

If you have any difficulty in making a complaint in writing please do not hesitate to contact the Notaries Society/the Faculty Office for assistance. 

Finally, even if you have your complaint considered under the Notaries Society Approved Complaints Procedure, you may at the end of that procedure, or after a period of 8 weeks from the date you first notified me that you were dissatisfied, make your complaint to the Legal Ombudsman, if you are not happy with the result :  

 Legal Ombudsman

P O Box 6806

Wolverhampton   WV1 9WJ 

Tel : 0300 555 0333          

Email :  enquiries@legalombudsman.org.uk               

Website :  www.legalombudsman.org.uk 

If you decide to make a complaint to the Legal Ombudsman, you must refer your matter to the Legal Ombudsman within one year from the act/omission or within one year from when you should reasonably have known there was cause for complaint.

 I hope that these notes are of help to you in understanding what is expected of each of us.

 1. Who am I

I am a Notar Public regulated by the Coutrt of Faculties.

I am the ‘Controller’ for data protection purposes. This means that I collect and hold your information and decides what it will be used for. I am subject to the requirements of data protection legislation applicable to the UK and must use your personal data in accordance with the law. I am registered with the Information Commissioner’s Office (ICO), with registration number ZB567795.

2. How You Can Contact me

Should you wish to discuss this privacy notice any data protection related issues or queries you can contact me as follows:

Telephone: 07763902006

Email: Jonathan@JonathanDurkin.co.uk

Post: Jonathan Durkin, 4 St Pauls Sqaure, Liverpool, L3 9SJ

3. If You Are A Visitor To My Website

Analytics –  When you visit my website, I use Google Analytics (a third-party service) to collect standard internet log information and details of visitor behaviour patterns. I do this so that I can find out how people use our website e.g. how many people visit my website and which areas they look at.

I have anonymised this information by ensuring that your IP address cannot be identified.

The information generated by Google Analytics is transmitted to and stored by Google on servers in the United States. Google agrees to the standard contractual clauses (SCC) for data protection meaning that it agrees to offer the same level of protection for data protection as expected by the UK. Google will use the information on behalf of the firm for the purposes of evaluating your use of the website, compiling reports on website activity for us and providing us with other services relating to website activity and internet usage.

You may refuse the use of the cookies used by Google Analytics via the settings in your browser (see cookies section below). To opt out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout.

The lawful basis for using your information in this way will be two-fold:

•  For our legitimate interests in understanding how our website is used; and

• Your consent to our use of cookies. 

4. How I use cookies 

Please read this cookie policy (“cookie policy”, "policy") carefully before using JonathanDukrin.co.uk website (“website”, "service") operated by [name] ("us", 'we", "our").

What are cookies?

Cookies are simple text files that are stored on your computer or mobile device by a website’s server. Each cookie is unique to your web browser. It will contain some anonymous information such as a unique identifier, website’s domain name, and some digits and numbers.

What types of cookies do I use?

Necessary cookies

Necessary cookies allow me to offer you the best possible experience when accessing and navigating through my website and using its features.

Functionality cookies

Functionality cookies let me operate the site in accordance with the choices you make.

Analytical cookies

These cookies enable me band third-party services to collect aggregated data for statistical purposes on how our visitors use the website. These cookies do not contain personal information such as names and email addresses and are used to help us improve your user experience of the website.

How to delete cookies?

If you want to restrict or block the cookies that are set by our website, you can do so through your browser setting. Alternatively, you can visit www.internetcookies.com, which contains comprehensive information on how to do this on a wide variety of browsers and devices. You will find general information about cookies and details on how to delete cookies from your device.

Contacting me

If you have any questions about this policy or my use of cookies, please contact me.

5. Using mycontact form               

 If you submit your personal details to meby completing and submitting my contact form, I will use your information to:

• Contact you to respond to your request for contact.

• Send information to you about me and my services, where you have given us express authority to do so. I will add your contact details to my electronic database and keep them for as long as you provide your consent for me to use your contact details in this way.

 My lawful basis for using your information in this way will be two-fold: 

• For our legitimate interests in marketing our services; and

• Upon your express consent (where required by law).

I will not share information received through my contact form with any third party unless you expressly authorise me to do so or I am required by law.

6. If You Make An Enquiry To Me

Where you make an enquiry to me but do not instruct me following that enquiry, I will hold details of your enquiry on my systems for up to 12 months. This is for my legitimate interests in being able to ensure that I can recall your enquiry should you revisit the matter with me some weeks or months later, therefore improving your experience with me, and to ensure that I can call upon it if any complaint is made about the way that we handled your enquiry. After this time, the record of your enquiry to me, along with your personal data that you provided to me, will be permanently deleted from my systems.

If I seek consent from you to send details of my services that I may think may interest you in the future, then I will hold your contact details on my marketing database until you ask me to stop sending such materials. Where this is by email, you can unsubscribe from my marketing at any point using the unsubscribe facility in each and any marketing email that I send to you. You details will be removed from my systems as soon as possible after receipt of a notification from you that you no longer wish to receive my marketing material, and no longer than one month after receipt of your notice.

7. If You Are A Client

Legal basis for processing personal data

I keep your information confidential and will not disclose it to third parties unless disclosure is:

(a)      Authorised by you

(b)      Necessary as part of the legal services we are providing to you (to perform our contract with you)

(c)       Required by law or my professional rules

(d)      Necessary for the purposes of my legitimate interests or those of a third party (in other words, we have a compelling justification for the disclosure or processing); or

(e)      Necessary to protect your vital interests or those of another person i.e. to protect a life

My reasons for processing your personal data will also fall into at least one of the five categories listed above.

Where I process any special categories of your personal (such as health data, racial or ethnic data, religious data etc.), my processing will be based on at least one of the following conditions:

1. a)   Explicit consent from you.

2. b)   It is necessary to protect your vital interests or those of another natural person where you are physically or legally unable to give consent.

3. c)   Processing relates to personal data which you have manifestly made public.

4. d)   Processing is necessary for the establishment, exercise, or defence of legal claims.

Please contact me if you would like more information about my legal basis for processing your personal data.

8. How we I your personal data

I use your information primarily to provide legal services to you. I also use your information for: accounting and billing purposes; to comply with my legal and regulatory obligations, and to manage my business effectively. With your authority, I may also send you information about my services or events that I think may be of interest to you. I will seek your written consent to do this.

8.1 Sharing your personal data with third parties

I may, on your authority, work with other professionals to progress your matter, and I need to disclose relevant information about you to them. Examples include embassy agents for legalisation purposes, courriers etc. I will seek your consent to do this.

Where there is another party(ies) to your matter (i.e. family memebers of other legal representatives), I will liaise with them directly (or the third party directly if they are not represented) in order to progress your matter. This may involve me disclosing relevant information about you, to this party(ies) in order for me to provide our legal services to you (to perform our contract with you). Please contact me if you have any queries about this.

Sometimes I outsource part of my work to other people or companies to improve efficiency and your client experience. I will always carry out due diligence and obtain confidentiality undertakings from such outsourced providers. I will seek your written consent as to whether you are happy for me to outsource relevant aspects of your file as appropriate to my providers. If you would like more information about my outsourcing arrangements, please contact us.

I may in some cases consult credit reference agencies in order to assess your creditworthiness. If you are an individual, I will seek your written consent before we do this. Please note that if you withhold your consent, this may limit the payment options that will be available to you. For example, I may not complete work for you unless you have made a payment on account. Details of the credit agency I use are available on request.

I may become subject to periodic checks by The Notary Society and the Faculty Office approved consultants and/or assessors and compliance specialists that I engage the support of. This could mean that your file is selected for checking, in which case I may need your consent for the checking to occur. All such checks are conducted by individuals who have provided the me with a confidentiality undertaking. I will seek written consent as to whether you are happy for your file to be selected for file auditing and vetting. If you refuse to give us consent to checks, your refusal will not affect the way your case is handled in any way.

8.2 Contacting you

I may correspond with you by email if you provide me with an email address, unless you advise me in writing that you do not wish me to do so. You acknowledge that email may not be secure. Email will be treated as written correspondence and I am entitled to assume that the purported sender of an email is the actual sender and that any express or implied approval or authority referred to in an email has been validly given. Please be aware that I may monitor and read any email correspondence travelling between you and any mail recived by me and its monitoring activities to ensure compliance with its Information Management and Security Policy.

I will aim to communicate with you by such method as you request. More often than not this will be in writing but may be by telephone if it is appropriate.

Where you provide me with fax or email addresses for sending material to, you are responsible for ensuring that your arrangements are sufficiently secure and confidential to protect your interests. You must tell me if this method of communication is not secure so that can use an alternative method.

8.3 Protecting personal data

The internet is not secure and there are risks if you send sensitive information in this manner or you ask me to do so. Please be aware that the data we send by email is not routinely encrypted.

I will take reasonable steps to protect the integrity of our computer systems by screening for viruses on email sent or received. I expect you to do the same for your computer systems.

8.4 Bank details

It is very unlikely that I will change my bank account details during the course of your matter. In any event, I will never contact you by email to tell you that my details have changed. If you receive any communications purporting to be from tme, that you deem suspicious or have any concerns about (however slight), please contact me by telephone straightaway.

8.5 Holding your personal data

During the progress of your matter, I may hold your information both electronically and in paper format. I will use all reasonable measures to ensure that your information remains confidential and will advise you immediately if I believe that any of your information has been released. I have procedures in place to ensure that your information is only seen by my self of my members of staff who have a legitimate reason for accessing your file, such as fee earners and support staff working on your file are under my supervision, checking your file for quality purposes or to deal with any complaints.

8.6 Retention and destruction of your personal data

Once your matter has concluded, I will hold your files in archive them on our file management systems (electronic files)indefinatley in accordance with the requirements of my governing body.

 8.7 Transferring your personal data outside of the United Kingdom (UK)

I may transfer your personal data outside of the UK where my storage and backup systems are hosted outside of the UK. However, I ensure that appropriate safeguards are in place obliging our system and storage providers to process your personal data to the standards expected in the UK. My providers are bound by the same data protection laws as myself, meaning that they have the same obligations to keep your data safe. 

9. If You Are A Third Party Or The Other Side To Our Clients’ Matters

 9.1  Personal data that I may receive about you

I may receive information (including personal data) about third parties that are involved with my clients’ matters. For example, the buyer/seller in our clients’ property matters, executors, and beneficiaries to a Will etc. I will primarily receive information about you from your legal representative unless you are unrepresented and provide this to me directly.

9.2 How we I your personal data

I receive this information so that I can provide legal services to you and therefore my legal basis for processing your information is for my client’s legitimate interests in respect of the notarial services that I am providing to them. Your legal representative (if you have one) should have informed you of their purposes for processing personal data and explained that they would need to share your information with us to progress your matter.

9.3 Legal basis for processing your personal data

I keep your information confidential and will not disclose it to third parties unless disclosure is:

(a)      Authorised by you

(b)      Necessary for the performance of athe services

(c)       Required by law or my professional rules

(d)      Necessary for the purposes of my legitimate interests or those of a third party (in other words, we have a compelling justification for the disclosure); or

(e)      Necessary to protect your vital interests or those of another person i.e. to protect a life

My reasons for processing your personal data will also fall into at least one of the five categories listed above.

Where I process any special categories of your personal (such as health data, racial or ethnic data, religious data etc.), my processing will be based on at least one of the following conditions:

1. a)   Explicit consent from you.

2. b)   It is necessary to protect your vital interests or those of another natural person where you are physically or legally unable to give consent.

3. c)   Processing relates to personal data which you have manifestly made public.

4. d)   Processing is necessary for the establishment, exercise, or defence of legal claims.

Please contact me if you would like more information about my legal basis for processing your personal data.

9.4 Holding your personal data

During the progress of my clients’ matters, I may hold your information both electronically and in paper format. I will use all reasonable measures to ensure that your information remains confidential and will advise you immediately if I believe that any of your information has been released. I have procedures in place to ensure that your information is only seen by members of staff who have a legitimate reason for accessing your file, such as support staff working on your file and checking your file for quality purposes or to deal with any complaints.

9.5 Retention and destruction of your personal data

Once my clients’ matters have concluded, we will hold your information on our clients’ files in our archive storage (paper files) or archive them on my file management systems (electronic files) indefinatley.

9.6 Transferring your personal data outside of the United Kingdom (UK)

I may transfer your personal data outside of the UK where our storage and backup systems are hosted outside of the UK. However, I ensure that appropriate safeguards are in place obliging our system and storage providers to process your personal data to the standards expected in the UK. My providers are bound by the same data protection laws as us, meaning that they have the same obligations to keep your data safe. 

10. If You Have Applied To Work For Me

10.1 How we I your personal data

All of the information you provide when you apply to work for me will only be used for the purpose of progressing your application, or to fulfil legal or regulatory requirements if necessary.

I will use the contact details you provide to me to contact you to progress your application. I will use the other information you provide to assess your suitability for the role you have applied for. You do not have to provide what I ask for, but it might affect your application if you do not. 

10.2 Sharing your personal data

I will not share any of the information you provide during the recruitment process with any third parties unless authorised by you or required by law.

 10.3 Legal basis for processing your personal data

My legal basis for processing your personal data is two-fold:

• For my legitimate interests in ensuring that I have adequate recruitment procedures and undertake the right checks to ensure that we recruit the right candidate; and

• To meet my legal obligations, particularly those relating to equality and diversity.

10.4 Retention of your personal data

If you are successful, the information you provide during the application process will be retained by me as part of your employee file for the duration of your employment plus 6 years following the end of your employment.

If you are unsuccessful at any stage of the process, the information you have provided until that point will be retained for 6 months from the closure of the vacancy.

Information generated throughout the assessment process, for example interview notes, is retained by us for 6 months following the closure of the vacancy.

Equal opportunities information is retained for 6 months following the closure of the vacancy whether you are successful or not.

Transferring your personal data outside of the United Kingdom (UK)

I may transfer your personal data outside of the UK where our storage and backup systems are hosted outside of the UK. However, I ensure that appropriate safeguards are in place obliging our system and storage providers to process your personal data to the standards expected in the UK. My providers are bound by the same data protection laws as me, meaning that they have the same obligations to keep your data safe. 

11. If You Are Current Employee Or Former Employee

11.1 How I use your personal data

 I may obtain your personal information for the following purposes:

• Contact details

• Bank details

• Pension details

• Tax details

• Pay details

• Annual leave details

• Sick leave details

• Performance details

• Qualifications

• Employment history

• Ethnicity details

• Health details (as relevant)

• Training records

• DBS checks (as required) 

11.2 Legal basis for processing your personal data

I keep your information confidential and will not disclose it to third parties unless disclosure is:

(a)      Authorised by you

(b)      Necessary for the performance of a contract

(c)       Required by law or our professional rules

(d)      Necessary for the purposes of my legitimate interests or those of a third party (in other words, I have a compelling justification for the disclosure); or

(e)      Necessary to protect your vital interests or those of another person i.e. to protect a life

My reasons for processing your personal data will also fall into at least one of the five categories listed above.

Where I process any special categories of your personal (such as health data, racial or ethnic data, religious data etc.), my processing will be based on at least one of the following conditions:

1. a)   Explicit consent from you.

2. b)   It is necessary for carrying out and exercising specific rights of the controller or the data subject in the field of employment law.

3. c)   It is necessary to protect your vital interests or those of another natural person where you are physically or legally unable to give consent.

4. d)   Processing relates to personal data which you have manifestly made public.

5. e)   Processing is necessary for the establishment, exercise, or defence of legal claims.

Please contact me if you would like more information about our legal basis for processing your personal data.

My legal basis for processing your personal data is two-fold:

• For my legitimate interests in ensuring that I have adequate personnel records; and

• To meet my legal obligations as employers.

11.3 Sharing your personal data

I will share your information with the following third parties:

• HMRC

• The pension provider

• The payroll provider

• The IT support provider

• Faculty Office or Notary Society (as applicable)

• The Law Society (as applicable)

 11.4 Retention of your personal data

Your employee file for the duration of your employment plus 6 years following the end of your employment.

Transferring your personal data outside of the United Kingdom (UK)

I may transfer your personal data outside of the UK where my storage and backup systems are hosted outside of the UK. However, I ensure that appropriate safeguards are in place obliging our system and storage providers to process your personal data to the standards expected in the UK. My providers are bound by the same data protection laws as us, meaning that they have the same obligations to keep your data safe. 

12. Your Rights

If you are an individual, you have the following rights under the UK General Data Protection Regulation (UK GDPR).

(a)      Right to access personal data – you can request details from us of the personal data that I hold about you.

(b)      Right to object to processing – you can tell me that you want us to stop processing your personal data.

(c)       Right to object to automated individual decision making including profiling – you can object to us making decisions about you solely by using a computer system without any human consideration. I do not currently do this.

(d)      Right to rectification – you can ask us to correct personal data that I hold because you believe it is inaccurate.

(e)      Right to erasure – you can ask us to delete the personal data that I hold about you.

(f)        Right to restrict processing – you can tell me that you only want me to use the personal data for a specific reason.

Please note that these rights are not absolute rights (they are not rights that will be automatically granted), as I have to consider whether there are any reasons why I cannot meet your request. For example, I will not be able to delete data that I am legally obliged to keep. I will let you know if I am not able to meet your request and the reason why (where it is appropriate to disclose this information to you).

I also have the right to complain to the Information Commissioner’s Office (ICO) if you are not happy with the way that I have handled your personal data. You can contact the ICO at Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF or by calling the ICO’s helpline on 0303 123 1113.

Please note that where you provide consent to me using your personal data, you are entitled to withdraw that consent at any time. You can do this by informing me or contacting our designated Data Protection Manager whoever that may be from time to time.

Links To Other Websites

This Privacy Notice does not cover any links to other websites that have been included on my website. Please read the Privacy Notices on the other websites that you visit.

13. Changes To Our Privacy Policy

This privacy notice is reviewed regularly and was last updated in January 2024