Privacy Policy

We take your privacy very seriously. Please read this privacy notice carefully as it contains important information on who we are and what personal data (information) we hold about you, how we collect it and how we may use and share your personal data. It also explains your rights in relation to your personal data and how to contact us or make a complaint.

Who we are

Trethowans LLP is a ‘data controller’ for the purposes of your personal data. This means that we determine the purpose and means of the processing of your personal data. You will find our contact details at the end of this notice.

Key terms

The following are some key terms used in this document:

We, us, our Trethowans LLP
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 and biometric data, data concerning health, sex life or sexual orientation and data relating to criminal convictions and offences, allegations and proceedings

Personal data we collect and use

The type of personal data we collect depends on our relationship with you (for example you may be our client or an individual with whom we have a business relationship) and the method by which we collect the personal data.

The table below sets out the personal data (including special category personal data) we will or may collect from you.

Clients – in the course of advising and/or acting for you
Personal data we will collect Personal data we may collect
Your name, address and telephone number
Information to enable us to check and verify your identity e.g. your date of birth or passport details
Electronic contact details e.g. your email address and mobile phone number
Information that you (or a third party) gives us (including special category personal data) relating to the matter in which you are seeking our advice or representation
Your financial details so far as relevant to your instructions e.g. the source of your funds if you are instructing us on a purchase transaction
Your date of birth/age
Details of relevant court orders if you instruct us e.g. on a family matter or in litigation
Details about your education and/or qualifications e.g. if you instruct us on a matter in which your education and/or qualifications are relevant
Your employment status and details including salary and benefits if you instruct us e.g. on a matter related to your employment or in which your employment status or income is relevant
Your employment records including, where relevant, records relating to sickness and attendance, performance, disciplinary, conduct and grievances (including relevant special category personal data), e.g. if you instruct us on matter related to your employment or in which your employment records are relevant
Your wills and arrangements for your estate e.g. if you instruct us to update your wills
Your financial details (e.g. pension arrangements, bank/ building society details, assets, valuations, borrowings, investments, tax details) if you instruct us e.g. on a matter to which your financial situation is relevant, in a business transaction or in relation to financial arrangements following the breakdown of a relationship
Information relating to your housing (e.g. tenancy/lease) e.g. if you instruct us on a property litigation matter
Your National Insurance number or NHS number e.g. if you instruct us on a matter in which those details are relevant
Your nationality and immigration status and information from related documents, such as your passport or other identification, and immigration information e.g. if you instruct us on an immigration matter
Personal identifying information, such as your hair or eye colour or your parents’ names e.g. if you instruct us to incorporate a company for you
Accident records or other records (e.g. DWP/HMRC records) e.g. if we are acting for you in a personal injury claim
CCTV/video/photographs e.g. if we are acting for you in a personal injury claim, in criminal proceedings or other litigation
Details of your spouse/partner and dependants or other family members if you instruct us e.g. on a family matter or a will
Information about your health/ medical records e.g. if we are acting for you in a personal injury claim
Your racial or ethnic origin, gender and sexual orientation, religious or similar beliefs e.g. if you instruct us on a discrimination claim
Your trade union membership e.g. if you instruct us on a discrimination claim or your matter is funded by a trade union
Your political opinions e.g. if we are acting for you in a matter in which this is relevant
Details of your criminal convictions or criminal proceedings e.g. if we are acting for you in criminal proceedings or an employment or family related matter in which criminal matters are relevant
Prospective clients
Personal data we will collect Personal data we may collect
Your name and telephone number

Information that you (or a third party) gives us (including special category personal data) relating to the matter in which you are seeking our advice or representation

Your address,

Electronic contact details e.g. your email address and mobile phone number

Other individuals with whom we deal during the course of our business
Personal data we will collect Personal data we may collect
Your name and address

Your email address

Information (including special category personal data) relevant to the matter in which you are involved e.g. if you are a witness or an opponent

Your telephone number(s)

Your date of birth/age

Information to enable us to check and verify your identity e.g. your date of birth or passport details

Details about your education and/or qualifications (including CV)

Other professional information e.g. job title

Your bank details and VAT number

Visitors to our website – www.trethowans.com (“our Website”)
Personal data we will collect Personal data we may collect
Information you give us by filling in forms on our Website. This includes information you provide when you subscribe to our services, request further services, make an enquiry on our Website, request a call back, sign up for news, complete surveys undertaken by us for research purposes and report a problem with our Website e.g. your name, address and telephone number, electronic contact details (your email address and mobile telephone number) and information relevant to your enquiry

With regard to each of your visits to our Website, we will automatically collect statistical data about your browsing actions and patterns, although this data will not identify you

Also see below : ‘Visitors to our Website’

If you are our client, we will ask you for the personal data we reasonably require to enable us to act for you and provide legal advice. If you do not provide the personal data we ask for, this may delay or prevent us from acting or continuing to act for you. Depending on the circumstances, we may have to stop acting for you but you will still have to pay any unpaid fees and disbursements incurred on your behalf up to that point as set out in our General Terms of Business.

How your personal data is collected

We collect most personal data from you. 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.
    • your bank or building society, another financial institution or advisor;
    • consultants and other professionals we may engage in relation to our client’s matter;
    • your employer and/or trade union, professional body or pension administrators;
    • your doctors, medical and occupational health professionals;
    • DWP, HMRC;
    • from a referrer (e.g. your accountant); and
    • other parties involved in the legal proceedings (e.g. other solicitors, witnesses or courts)
  • via our information technology systems e.g. our case management, document management and time recording systems

Visitors to our Website

We may obtain information about your general usage of our Website by using a cookie which is stored on your browser or the hard drive of your computer, although we do not use cookies to identify individuals. Usage information helps us to improve our Website and to deliver a better and more personalised service. Some of the cookies we use are essential for our Website to operate.

You can block cookies by activating the setting on your browser which allows you to refuse the setting of all or some cookies. You can also indicate your preference to our Website to control its use of cookies. However, if you block cookies you may not be able to use all the features of our Website.

For further information about our use of cookies, please refer to our cookies policy [which you will find on our Website]

How and why we use your personal data

Under data protection law, we can only use your personal data if we have a proper reason for doing so, for example:

  • to comply with our legal and regulatory obligations;
  • for the performance of our contract with you or to take steps at your request before entering into a contract;
  • for our legitimate interests or those of a third party; or
  • where you have given consent.

A legitimate interest is when we have a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests.

The table below explains what we use your personal data for and our lawful basis for doing so, depending on our relationship with you.

What we use your personal data for Our lawful basis for processing data
To provide legal services to our clients Necessary for the performance of our contract with you or to take steps at your request before entering into a contract

Necessary for our legitimate interests or those of a third party i.e. to progress our client’s legal matter

For other individuals with whom we have contracts – for corresponding with you and for taking steps under the contract with you Necessary for the performance of our contract with you or to take steps at your request before entering into a contract

Necessary for our legitimate interests or those of a third party e.g. to take steps under the contract with you

>For other individuals representing organisations with whom we have contracts e.g. suppliers,  for corresponding with you and for taking steps under the contract with your organisation Necessary for our legitimate interests or those of a third party e.g. to take steps under the contract with your organisation
To prevent and detect fraud against you or us Necessary for our legitimate interests or those of a third party i.e. to minimise fraud that could be damaging for us and for you
Conducting checks to identify our clients and others and verify their identity

Other processing necessary to comply with professional, legal and regulatory obligations that apply to our business, e.g. under health and safety regulation or rules issued by our professional regulator (the Solicitors Regulation Authority) or as otherwise permitted or required by law

Necessary to comply with our legal and regulatory obligations
Gathering and providing information required by or relating to audits, enquiries or investigations by regulatory bodies Necessary to comply with our legal and regulatory obligations
Ensuring our business policies are adhered to e.g. policies covering security Necessary for our legitimate interests or those of a third party i.e. to make sure we are following our own internal procedures so we can deliver the best service we are able to
Ensuring the confidentiality of commercially sensitive information Necessary to comply with our legal and regulatory obligations

Necessary for our legitimate interests or those of a third party i.e. to protect commercially valuable information

Statistical analysis to help us manage our practice e.g. in relation to our financial performance, client base, work type or other efficiency measures Necessary for our legitimate interests or those of a third party i.e. to be as efficient as we can so we can deliver the best service we are able to at the best price
Preventing unauthorised access and modifications to systems Necessary to comply with our legal and regulatory obligations

Necessary for our legitimate interests or those of a third party i.e. to prevent and detect criminal activity that could be damaging for us and for you

Updating and maintaining client and other records For clients – necessary for the performance of our contract with you or to take steps at your request before entering into a contract

Necessary to comply with our legal and regulatory obligations

Necessary for our legitimate interests or those of a third party i.e. to make sure we can keep in touch with our clients and other contacts

>Staff management and administration Necessary for our legitimate interests or those of a third party i.e. to make sure we are following our own internal procedures and working efficiently so we can deliver the best service that we are able to
To enforce or apply our Website terms and conditions or any other agreements Necessary for our legitimate interests or those of a third party i.e. to enforce our legal rights and protect our business
External audits for the audits of our accounts Necessary to comply with our legal and regulatory obligations
External audits for our Lexcel accreditation Necessary for our legitimate interests or those of a third party i.e. to maintain our accreditation so we can demonstrate we operate at the highest standards
For visitors to our Website, to ensure that content from our Website is presented in the most effective manner for you and your computer and to conduct statistical analysis to evaluate the effectiveness of our marketing of our Website Necessary for our legitimate interests or those of a third party i.e. to ensure that our Website is an effective tool for us and that our visitors to our Website are provided with information which is of relevance and interest
Contacting you about legal developments, services or events which we think may be of interest to you Necessary for our legitimate interests or those of a third party i.e. to promote our business to existing and former clients and contacts and deliver the optimum experience for our clients

We will only process special category personal data where processing is necessary for the purpose of the establishment, exercise or defence of legal claims (or whenever courts are acting in their judicial capacity) or for the obtaining or provision of legal advice, where it is necessary for reasons of substantial public interest or with your explicit consent.

Marketing communications

We may use your personal data to send you updates (by email, telephone or post) about legal developments that might be of interest to you, details about events and/or information about our services, including new services.

We have a legitimate interest in processing your personal data for marketing purposes (see above ‘How and why we use your personal data’). This means we do not usually need your consent to send you information about legal developments, events or our services. However, where consent is needed, we will ask for this consent separately and clearly.

We will always treat your personal data with the utmost respect and never sell or share it with other organisations for marketing purposes.
You have the right to opt out of receiving marketing communications at any time by:

  • emailing marketing@trethowans.com ,writing to us at 1 London Road, Salisbury, Wiltshire, SP1 3HP (for the attention of marketing) or calling us on 0845 302 4695; or
  • using the ‘unsubscribe’ link in our emails

We may ask you to confirm or update your marketing preferences if you instruct us to provide further services in the future, or if there are changes in the law, regulation, or the structure of our business.

Who we share your personal data with

Depending on the circumstances, we may share your personal data with:

  • professional advisers who we instruct on your/our client’s behalf e.g. barristers, medical professionals, accountants, tax advisors or other experts;
  • other third parties where necessary to carry out your/our client’s instructions e.g. a mortgage provider or HM Land Registry in the case of a property transaction or Companies House;
  • third parties where necessary for your/our client’s legal claim e.g. third party solicitors, opponents, insurers, courts;
  • our insurers, brokers and professional advisers;
  • external auditors e.g. in relation to our Lexcel accreditation and the audit of our accounts;
  • our bank(s);
  • external service providers, representatives and agents that we use to make our business more efficient e.g. typing services and telephone answering service.

We only allow our service providers to handle your personal data if we are satisfied they take appropriate measures to protect your personal data. We also impose contractual obligations on service providers to ensure they can only use your personal data to provide services to us.

We may disclose and exchange information with law enforcement agencies and regulatory bodies to comply with our legal and regulatory obligations.

We may also need to share some personal data with other parties, such as potential buyers of some or all of our business or during a re-structuring. Usually, information will be anonymised but this may not always be possible.

How long your personal data will be kept

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including;

  • to respond to any questions, complaints or claims made by you/our client or on your/our client’s behalf;
  • to show that we treated you fairly;
  • to keep records required by law to comply with our legal and regulatory obligations.

We will not retain your data for longer than necessary for the purposes set out in this notice. Different retention periods apply for different types of personal data.

Transferring your personal data out of the EEA

It is sometimes necessary for us to share your personal data outside the European Economic Area (EEA) (which comprises the countries in the European Union and Iceland, Liechtenstein and Norway) e.g.

  • with your and our service providers located outside the EEA;
  • if you are based outside the EEA;
  • where there is an international dimension to the matter in which we are advising.

These transfers are subject to special rules under European and UK data protection law.

The following countries to which we may transfer personal data have been assessed by the European Commission as providing an adequate level of protection for personal data: Andorra, Argentina, Faroe Islands, Guernsey, Isle of Man, Israel, Jersey, New Zealand, Switzerland and Uruguay.

Except for the countries listed above, non-EEA countries do not have the same data protection laws as the United Kingdom and EEA. We will, however, ensure the transfer complies with data protection law.  We will do this by ensuring one of the following (or one of the other grounds set out in data protection law) applies:

  • the transfer is necessary for the performance of a contract between you and us;
  • the transfer is necessary to establish, exercise or defend legal claims, or for the obtaining or provision of legal advice;
  • there are adequate safeguards in place between us and the organisation receiving it (e.g. by the use of European Commission approved contractual terms); or
  • you have provided explicit consent to the proposed transfer after being informed of any potential risks.

Your rights

You have the following rights, which you can exercise free of charge:

Access The right to be provided with a copy of your personal data
Rectification The right to require us to correct any mistakes in your personal data
To be forgotten In certain situations, the right to require us to delete your personal data
Restriction of processing In certain situations, the right to require us to restrict processing of your personal data e.g. if you contest the accuracy of the data
Data portability In certain situations, the right to ask us to transfer any  personal data you provided to us to another organisation
To object The right to object at any time to your personal data being processed for direct marketing and in certain other situations to our continued processing of your personal data e.g. where processing is carried out for the purpose of our legitimate interests

We do not use personal data for automated decision making.

For further information on each of those rights, including the circumstances in which they apply, please contact us or see the

If you would like to exercise any of those rights, please email, write or telephone our Privacy Officer —see below: ‘How to contact us’ and let us have enough information to identify you e.g. your full name, address and client/matter reference number as well as what right you want to exercise and the personal data to which your request relates.

Keeping your personal data secure

We have put in place reasonable and appropriate security measures to endeavour to prevent personal data from being accidentally lost, or used or accessed unlawfully. We limit access to your personal data to those who have a genuine business need to access it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.

For visitors to our Website, unfortunately, the transmission of information via the internet is never completely secure.  We cannot therefore guarantee the security of your data transmitted via our Website; any transmission is at your own risk. Our Website may, from time to time, contain links to and from other websites. If you follow a link to any of these websites, please note that these websites will have their own privacy policies and we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

We also have procedures in place 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 legally required to do so.

How to complain

We hope that we can resolve any query or concern you may raise about our use of your personal data.  If you want to complain about how we have used your personal data, please email or write to our Privacy Officer – see below: ‘How to contact us’. However, if we are not able to resolve your complaint to your satisfaction, you can complain to UK’s supervisory authority, the Information Commissioner’s Office (ICO). Further information about how to make a complaint to the ICO can be found on the ICO website

The EU General Data Protection Regulation also gives you right to lodge a complaint with the supervisory authority in the European Union state where you work, normally live or where any alleged infringement of data protection laws occurred.

Changes to this privacy notice

We may change this privacy notice from time to time and when we do so, we will inform you via our Website. If any changes are likely to have an adverse impact on your rights under data protection law, we will use reasonable endeavours to notify you of the changes in advance in writing or by alternative means.

How to contact us

Please contact us by email, post or telephone if you have any questions about this privacy notice or the information we hold about you.

Our contact details are shown below:

Our contact details Our Privacy Officer’s details
Trethowans LLP

1 London Road, Salisbury, Wilshire, SP1 3HP

01722 412512

Sarah Wheadon

gdpr@trethowans.com

The Pavilion, Botleigh Grange Business Park

Hedge End, Southampton SO30 2AF

023 8032 1000

Do you need extra help?

If you would like this notice in another format (for example large print) please contact us (see ‘How to contact us’ above).

May 2018