Introduction

This Privacy Notice 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 GDPR.  It applies to personal data provided to us or your use of Our website. Our website may contain links to other websites. Please note that We have no control over how your data is collected, stored, or used by other websites and We advise you to check the privacy policies of any such websites before providing any data to them.

1. Definitions and Interpretation

In this Notice, the following terms shall have the following meanings:

“personal data” means any and all data that relates to an identifiable person who can be directly or indirectly identified from that data. In this case, it means personal data that you give to Us either directly or via Our website. This definition shall, where applicable, incorporate the definitions provided in the EU Regulation 2016/679 – the General Data Protection Regulation (“GDPR”);
“special category data” means sensitive personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, data concerning health, sex life or sexual orientation and as more particularly defined in the GDPR;
“We/Us/Our” means C&J Black Solicitors of Linenhall House, 13 Linenhall Street, Belfast, BT2 8AA.


2. Information About Us

2.1    The data controller in respect of your personal data is C&J Black Solicitors and can be contacted by writing to Linenhall House, 13 Linenhall Street, Belfast, BT2 8AA or sending an email to mail@cjblack.co.uk .
2.2    We are regulated by The Law Society of Northern Ireland of Law Society House, 96 Victoria Street, Belfast.


3. Your Rights

3.1    As a data subject in certain circumstances you have the following rights under the GDPR unless subject to an exemption:

3.1.1    the right to be informed about Our collection and use of personal data;
3.1.2    the right of access to the personal data We hold about you;
3.1.3    the right to rectification if any personal data We hold about you is inaccurate or incomplete;
3.1.4    the right to be forgotten – i.e. the right to ask Us to delete or otherwise dispose of any personal data we hold about you (We only hold your personal data for a limited time, as explained in section 5 but if you would like Us to delete it sooner, please contact Us using the details in section 12);
3.1.5    the right to restrict (i.e. prevent) the processing of your personal data;
3.1.6    the right to data portability (obtaining a copy of your personal data to re-use with another service or organisation);
3.1.7    the right to object to Us using your personal data for particular purposes; and
3.1.8    rights with respect to automated decision making and profiling.

 

3.2       Data subjects have the absolute right to object to processing of personal data if it is for direct marketing purposes.  Data subjects can also object if the processing is for a task carried out in the legitimate interests of the data controller or those of a third party but in those circumstances there is no absolute right and the data controller can continuing processing if it can demonstrate compelling legitimate grounds for the processing which override the interest, rights and freedoms of the individual or the processing is for the establishment, exercise or defence of legal claims.

 

3.3       Where personal data is obtained from a third party the relevant data subject is not required to be informed in the following circumstances:-

3.3.1    if the data subject already has the information;
3.3.2    providing the information would be impossible;
3.3.3    providing the information would involve a disproportionate effort taking into account the number of individuals involved, the age of the personal data and any appropriate safeguards;
3.3.4    providing information would render impossible or seriously impair the achievement of the objectives of the processing;
3.3.5    obtaining or disclosing the personal data is required by law;
3.3.6    the data controller is subject to an obligation of professional secrecy regulated by law that covers the personal data.

3.4       If you have any cause for complaint about Our use of your personal data, please contact Us using the details provided in section 12 and We will do endeavour to solve the problem for you. If We are unable to help, you also have the right to lodge a complaint with the UK’s supervisory authority, the Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.

3.5       Further information about your rights are available from the Information Commissioner’s Office (www.ico.org.uk).

4. What Data Do We Collect?

We may collect some or all of the following personal data:

4.1 name;
4.2 date of birth;
4.3 gender and marital/civil partnership/family status;
4.4 business/company name
4.5 job title;
4.6 profession;
4.7 contact information such as address, email address and telephone numbers;
4.8 demographic information such as preferences and interests;
4.9 financial information such as banks accounts and credit / debit card numbers;
4.10 assets including properties, bonds, policies, stocks and shares and savings;
4.11 liabilities including debts;
4.12 educational and employment history and qualifications;
4.13 racial or ethnic origin, political opinion, religious or philosophical belief;
4.14 trade union membership;
4.15 genetic information;
4.16 health;
4.17 sex life or sexual orientation;
4.18 criminal convictions and offences;
4.19 IP address, web browser type and version;
4.20 other information relevant to the case or matter in respect of which you have instructed Us to act on your behalf.

5. How Do We Use Your Data?

5.1 The lawful basis for Us processing your personal data will be because it is necessary for Our performance of a contract to provide you with legal services and advice or to comply with a legal obligation, because it is in Our legitimate business interests or the legitimate interest of a third party (except where such interests are overridden by your interests or fundamental rights and freedoms) or because you have consented to Our use of your personal data e.g. by subscribing to emails or newsletters. Specifically, We may use your data for the following purposes:

5.1.1 Supplying Our services to you (please note that We require your personal data in order to enter into a contract with you);
5.1.2 Personalising and tailoring Our services for you;
5.1.3 Administering and maintaining your files and accounts with Us;
5.1.4 Complying with legal and regulatory requirements including those relating to anti-money laundering and anti-terrorist financing;
5.1.5 Prevention and detection of crime including fraud;
5.1.6 Performing administrative activities in connection with Our services;
5.1.7 Exercising, defending or protecting Our legal rights or the rights of clients or third parties;
5.1.8 Internal record keeping;
5.1.9 Monitoring for quality and training purposes;
5.1.10 Processing payments and collecting and recovering money due;
5.1.11 Communicating with you including replying to correspondence and emails from you;
5.1.12 Supplying you with information including emails that you have opted into (you may unsubscribe or opt-out at any time).

In the event of Us processing  special category data or data relating to criminal convictions or offences, the lawful basis is that it is necessary for the performance of a contract with you or compliance with a legal obligation or for the purposes of Our legitimate interests or those of a third party except where such interests are overridden by your interests or fundamental rights and freedoms and in addition that you have either given explicit consent or processing is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity.

5.2 With your permission and/or where permitted by law, We may also use your data for marketing purposes which may include contacting you by email or telephone or text message or post with information, news, and offers on Our services. We will not, however, send you any unsolicited marketing and will take all reasonable steps to ensure that We fully protect your rights and comply with Our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003.

5.3 You have the right to withdraw your consent to Us using your personal data at any time, and to request that We delete it.

5.4 We do not keep your personal data for any longer than is necessary in light of the reason(s) for which it was collected or to comply with Our obligations. Data will be retained in accordance with Our Data Retention Policy or the recommendations of the Law Society of Northern Ireland.

6. How and Where Do We Store Your Data?

6.1  We only keep your personal data at our premises and only off site in relation to the back up of data.

6.2  Your data will only be stored in the UK and in particular will not be transferred to any country outside the European Union.

6.3  Data security is very important to Us and to protect your data We take appropriate technical and organisational measures to ensure a level of security appropriate to the risk.

7. Do We Share Your Data?

7.1  Subject to this section 7, We will not share any of your data with any third parties for any purposes.

7.2  In certain circumstances, We may be legally required to share certain data held by Us, which may include your personal data, for example, where We are involved in legal proceedings, where We are complying with legal obligations, a court order, or a governmental authority.

7.3  We may sometimes contract with third parties to supply services to you on Our behalf. These may include payment processing, search engine facilities, advertising and marketing. In some cases, the third parties may require access to some or all of your data. Where any of your data is required for such a purpose, We will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, Our obligations, and the obligations of the third party under the law.

7.4  Your personal data may be disclosed to the Law Society of Northern Ireland in relation to its regulatory functions, to the Legal Services Agency if you are seeking legal aid or an insurance broker or insurer if you are seeking legal expenses insurance or any other insurance relating to your case, to HMRC in relation to tax matters, to Quality Assurance inspectors in relation to any scheme with which We are registered, to Our accountants in relation to audit procedures and the preparation of Accounts or to Our IT provider in relation to support services.

7.5  We may disclose your personal data to other professionals such as other solicitors, barristers, accountants, estate agents, surveyors, medical advisors and other experts or witnesses in legal proceedings where this is considered to be reasonably required in relation to the case or matter in respect of which you have instructed Us to act on your behalf.

7.6 We may disclose your personal data to law searchers, local authorities and Land & Property Services including the Land Registry where this is reasonably required in relation to conveyancing and property related matters in respect of which you have instructed Us to act on your behalf.

8. What Happens If Our Business Changes Hands?

We may, from time to time, expand or reduce Our business and this may involve the sale and/or the transfer of control of all or part of Our business. Any personal data that you have provided will, where it is relevant to any part of Our business that is being transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this Privacy Notice, be permitted to use that data only for the same purposes for which it was originally collected by Us.

9. How Can You Control Your Data?

9.1  In addition to your rights under the GDPR, set out in section 3, when you submit personal data, you may be given options to restrict Our use of your data, in particular in relation to Our use of your data for direct marketing purposes (including the ability to opt-out of receiving emails from Us which you may do by unsubscribing using the links provided in Our emails and at the point of providing your details).

9.2  You may also wish to sign up to one or more of the preference services operating in the UK: The Telephone Preference Service (“the TPS”), the Corporate Telephone Preference Service (“the CTPS”), and the Mailing Preference Service (“the MPS”). These may help to prevent you receiving unsolicited marketing. Please note, however, that these services will not prevent you from receiving marketing communications that you have consented to receiving.

10. Your Right to Withhold Information

10.1  You may access certain areas of Our website without providing any data at all. However, to use all features and functions available on Our website you may be required to submit or allow for the collection of certain data.

10.2  If you do not provide personal data to us or if you require Us to delete personal data we may be unable to provide services to you and may need to terminate Our contractual relationship with you.

11. How Can You Access Your 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 such requests should be made in writing and sent to the email or postal address shown in section 12.  To assist with this a Subject Access Request Form is available for you to use on request.  You do not have to use this form but it is the easiest way to tell Us everything We need to know to respond to your request as quickly as possible.  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 one month of receiving it.  Normally we aim to provide a complete response including, where appropriate, a copy of your personal data within that time. In some cases however 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.

12. Contacting Us

If you have any questions about this Privacy Notice, please contact Us by email at mail@cjblack.co.uk or by telephone on 028 90 321441, or by post at Linenhall House, 13 Linenhall Street, Belfast, BT2 8AA. Please ensure that your query is clear, particularly if it is a request for information about the data We hold about you (as under section 11).

13. Changes to Our Privacy Policy

13.1 We may change this Privacy Notice from time to time (for example, if the law changes). Any changes will be posted on Our website and we recommend that you check this page regularly to keep up-to-date.

13.2   Further details of the GDPR and how We collect, use and store your personal data and your rights are set out in Our Data Protection Policy which is available on request.