Emmet J. Kelly & Company Solicitors understand that your privacy is important to you and that you care about how your personal data is used. We respect and value the privacy of all of our clients and will only collect and use personal data in ways that are described here, and in a way that is consistent with our obligations and your rights under the law.
1. Information About Us
Emmet J. Kelly & Company Solicitors is the trading name of Emmet J. Kelly & Company Solicitors Ltd
Company Registration Number: NI 606046
Address: Cameo House, 41 Bridge Street, Banbridge, Co. Down, BT32 3JL
36 Main Street, Hilltown, Newry, Co. Down, BT35 5UJ.
We are regulated by the Law Society of Northern Ireland
We are members of the Home Charter Scheme
We are members of APIL (the Association of Personal Injury Lawyers)
We are members of the Law Society’s Children Order Panel
2. What Does This Notice Cover?
This Privacy Information explains how we use your personal data: how it is collected, how it is held, and how it is processed. It also explains your rights under the law relating to your personal data.
3. What is Personal Data?
Personal data is defined by the General Data Protection Regulation (EU Regulation 2016/679) (the “GDPR”) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’.
Personal data is, in simpler terms, any information about you that enables you to be identified. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.
The personal data that we use is set out in Part 5, below.
4. What Are My Rights?
Under the GDPR, you have the following rights, which we will always work to uphold:
a) The right to be informed about our collection and use of your personal data. This Privacy Notice should tell you everything you need to know, but you can always contact us to find out more or to ask any questions using the details in Part 11.
b) The right to access the personal data we hold about you. Part 10 will tell you how to do this.
c) The right to have your personal data rectified if any of your personal data held by us is inaccurate or incomplete. Please contact us using the details in Part 11 to find out more.
d) The right to be forgotten, i.e. the right to ask us to delete or otherwise dispose of any of your personal data that we have. Please contact us using the details in Part 11 to find out more.
e) The right to restrict (i.e. prevent) the processing of your personal data.
f) The right to object to us using your personal data for a particular purpose or purposes.
g) The right to data portability. This means that, if you have provided personal data to us directly, we are using it with your consent or for the performance of a contract, and that data is processed using automated means, you can ask us for a copy of that personal data to re-use with another service or business in many cases.
h) Rights relating to automated decision-making and profiling. We do not use your personal data in this way.
For more information about our use of your personal data or exercising your rights as outlined above, please contact us using the details provided in Part 11.
Further information about your rights can also be obtained from the Information Commissioner’s Office or your local Citizens Advice Bureau.
If you have any cause for complaint about our use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office.
5. What Personal Data Do You Collect?
We may collect some or all of the following personal data (this may vary according to your relationship with us):
• Date of birth;
• Email address;
• Telephone number;
• Business name;
• Job title;
• Previous employers;
• National Insurance Number;
• Payment information;
• Health data;
• Trade Union membership
Your personal data is obtained from the following sources:
• You may volunteer the information about yourself
• You may provide information relating to someone else – if you have the authority to do so
• Information may be passed to us by third parties in order that we can undertake your legal work on your behalf. Typically these organisations can be:
• Banks or building societies
• Panel providers who allocate legal work to law firms
• Organisations that have referred work to us
• Medical or financial institutions – who provide your personal records / information
• Your Trade Union
6. How Do You Use My Personal Data?
Under the GDPR, we must always have a lawful basis for using personal data. This may be because the data is necessary for our performance of our retainer with you, because you have consented to our use of your personal data, or because it is in our legitimate business interests to use it.
The following are some examples, although not exhaustive, of what we may use your information for:
• Verifying your identity
• Verifying source of funds
• Communicating with you
• To establish funding of your matter or transaction
• Obtaining insurance policies on your behalf
• Processing your legal transaction including:
Providing you with advice; carrying out litigation on your behalf; attending hearings on your behalf; preparing documents or to complete transactions
• Keeping financial records of your transactions and the transactions we make on your behalf
• Seeking advice from third parties; such as legal and non-legal experts
• Responding to any complaint or allegation of negligence against us
With your permission and/or where permitted by law, we may also use your personal data for marketing purposes, which may include contacting you by email, telephone and/or post with information, legal updates and news on our services or events. You will not be sent any unlawful marketing or spam. We will always work to fully protect your rights and comply with our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and you will always have the opportunity to opt-out.
7. How Long Will You Keep My Personal Data?
Your personal information will be retained, usually in computer or manual files, only for as long as necessary to fulfil the purposes for which the information was collected; or as required by law; or as long as is set out in any relevant contract you may hold with us. For example:
• As long as necessary to carry out your legal work
• For a minimum of 7 years from the conclusion or closure of your legal work; in case you, or we, need to re-open your case for the purpose of defending complaints or claims against us
• For the duration of a trust
• Some information or matters may be kept for 12 years – such as commercial transactions, sales of leasehold purchases, matrimonial matters (financial orders or maintenance agreements etc.)
• Probate matters where there is a surviving spouse or civil partner may be retained until the survivor has died in order 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
• Personal injury matters which involve lifetime awards or PI Trusts may be kept indefinitely
8. How and Where Do You Store or Transfer My Personal Data?
We will only store or transfer your personal data in UK, NI & ROI. This means that it will be fully protected under the GDPR.
We have high standards of technology and operational security in order to protect personally identifiable data from loss, misuse, alteration or destruction. Similarly, we adopt a high threshold when it comes to confidentiality obligations and both internal and external parties have agreed to protect confidentiality of all information; to ensure all personal data is handled and processed in line with our stringent confidentiality and data protection policies.
We use computer safeguards such as firewalls and data encryption; and we enforce, where possible, physical access controls to our buildings and files to keep data safe.
9. Do You Share My Personal Data?
We will not sell or rent your information to third parties. We will not share your information with third parties for marketing purposes.
Generally, we will only use your information within Emmet J Kelly & Co. Solicitors. However there may be circumstances, in carrying out your legal work, where we may need to disclose some information to third parties; for example:
Land Registry to register a property
HM Revenue & Customs; e.g. for Stamp Duty Liability
NI Legal Services Agency
Court or Tribunal
Solicitors acting on the other side
Asking a Barrister for advice; or to represent you
Non legal experts to obtain advice or assistance
Bank or Building Society; or other financial institutions
Providers of identity verification
Law Search agencies
Any disclosure required by law or regulation; such as the prevention of financial crime and terrorism
If there is an emergency and we think you or others are at risk
There may be some uses of personal data that may require your specific consent. If this is the case we will contact you separately to ask for your consent which you are free to withdraw at any time.
In some limited circumstances, we may be legally required to share certain personal data, which might include yours, if we are involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.
If any of your personal data is required by a third party, as described above, we will take steps to ensure that your personal data is handled safely, securely, and in accordance with your rights, our obligations, and the third party’s obligations under the law, as described above in Part 8.
10. How Can I Access My Personal Data?
If you want to know what personal data we have about you, you can ask us for details of that personal data and for a copy of it (where any such personal data is held). This is known as a “subject access request”.
All subject access requests should be made in writing and sent to the email or postal addresses shown in Part 11. There is not normally any charge for a subject access request. If your request is ‘manifestly unfounded or excessive’ (for example, if you make repetitive requests) a fee may be charged to cover our administrative costs in responding.
We will respond to your subject access request within 21 days and, in any case, not more than one month of receiving it. Normally, we aim to provide a complete response, including a copy of your personal data within that time except in cases where we hold a lien.
In some cases, particularly if your request is more complex, more time may be required up to a maximum of three months from the date we receive your request. You will be kept fully informed of our progress.
11. How Do I Contact You?
To contact us about anything to do with your personal data and data protection, including to make a subject access request, please use the following details (for the attention of Emmet J. Kelly):
Email address: email@example.com
Telephone number: (028) 4062 9397
Postal Address: Cameo House, 41 Bridge Street, Banbridge, Co. Down.
12. Changes to this Privacy Notice
We may change this Privacy Notice from time to time. This may be necessary, for example, if the law changes, or if we change our business in a way that affects personal data protection.
Any changes will be made available on our website.