Amendment to our retention periods - Please note that with effect from 7 January 2019 our standard retention period will increase from six to seven years. This means if we are currently carrying out work for you and the standard retention period applies it will be retained for seven years from the date we close your file. See section 8 for more details on Data Retention.
- Important information and who we are
- The data we collect about you
- How is your personal data collected
- How we use your personal data
- Disclosures of your personal data
- International transfers
- Data security
- Data retention
- Your legal rights
- Private individual clients and individuals within client organisations.
- Prospective clients – private individuals and individuals within prospective client organisations.
- Website visitors.
All of which we collectively refer to as “you”:
- When you enquire about our services.
- When we are provided with your details by others.
- When you are a client or prospective client.
- When we deal with suppliers, or other business contacts such as referrers.
- When you visit our website, including any data you may provide through this website.
Our services, and our website, are not intended for children and we do not knowingly collect data relating to children unless this is a necessary part of our services to you.
- When we communicate with you about our services, or you become a client of Foot Anstey, we will let you know which entity will be the controller for your data when we first communicate with you.
- There may be scenarios where we will act as a data processor and when doing so will comply with European Data Protection Legislation.
- Foot Anstey LLP is responsible for this website and is the controller for any personal data collected via this website.
Our full details are:
Full name of legal entity: Foot Anstey LLP
Name and title of DPO: James Treloar – Executive Director – Risk & Compliance
Email address: firstname.lastname@example.org
Postal address: Salt Quay House, 4 North East Quay, Sutton Harbour, Plymouth PL4 0BN
Telephone number: 01752 675000
You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
This version was last updated on 5 August 2019. Previous versions can be obtained by contacting us.
It is important that the personal data we hold is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where it is not possible to identify the individual (anonymous data).
We may collect, use, store and transfer different kinds of personal data which we have grouped together as follows:
- Identity Data includes: name(s), maiden name, last name, marital status, title, date of birth and gender.
- Contact Data includes billing address, delivery address, email address and telephone numbers, and the content of your communications (except where it falls within advice data below).
- Advice Data includes personal data that you provide to us, or which we collect, in connection with our services, such as; our communications with you or about you, our advice where it relates to you or any individual referred to in our advice, information about your claim, dealings with third parties about you, your personal or business circumstances or history. If you are not our client we will also process your personal data as set out in section 4 below.
- Financial Data includes bank account and payment card details.
- Transaction Data includes details about payments to and from you and other details of services you have purchased from us.
- Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences. We may also receive personal data as part of a membership or shared event to which you have subscribed or attended.
Depending on the nature of the services which we provide to you we may need to collect Special Categories of Personal Data about you. This includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic data. We may also need to collect information about actual or alleged criminal convictions and offences.
Personal data collected via our website
On our website you can order services, make information requests, apply for jobs, subscribe to marketing or support materials, or register yourself to receive information and updates.
We may collect and process the following data about you:
- information you provide to us on these pages, which may include name, address, telephone, e-mail address, user ids and passwords, billing information, employment history, transaction, credit card information and contact preferences; and
- if you contact us, we may keep a record of that correspondence
- information about your computer, including where available your IP address, operating system and browser type.
You can browse our website without disclosing your personal data.
If you fail to provide personal data
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with advice or services). In this case, we may have to cancel the advice or service you have with us but we will notify you if this is the case at the time.
We use different methods to collect data from and about you including through:
Direct interactions. You may give us your Identity, Contact, Advice and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
- Discuss our services with us, whether as a prospective client;
- Deal with us as part of our services;
- Engage us to provide services;
- Subscribe to our newsletters or publications;
- Request marketing to be sent to you;
- Complete a survey;
- Make a complaint; or
- Give us some feedback.
Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:
- Advice Data, for example where we are dealing with other parties or organisation as part of your advice.
- Marketing and Communications Data. We may on occasion use professional social media sites, such as LinkedIn, to contact you via that platform or share your content.
- Technical Data from the following parties:
- analytics providers such as Google based outside the EU and A1 Webstats; and
- search information providers based inside the EU.
- Identity and Contact Data from data brokers or aggregators such as Creditsafe, GB Group and Accuity based inside the EU.
- Data from publicly available sources such as Companies House and the Electoral Register based inside the EU.
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
- Where we are entering into, or have entered into a contract for services with you.
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
- Where we need to comply with a legal or regulatory obligation.
Click here to find out more about the types of lawful basis that we will rely on to process your personal data.
Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending direct marketing communications to you via email. You have the right to withdraw consent to marketing at any time by using the "unsubscribe" link in our emails or Contacting us.
We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please Contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
|Purpose/Activity||Type of data||Lawful basis for processing including basis of legitimate interest|
|To contact you in relation to services you have requested||
||Performance of a contract with you Legal obligations which require us:
|To contact you where your details have been provided to us in relation to our services||
||Performance of a contract with you Legal obligations which require us:
|To register you as a new client||
||Performance of a contract with you Legal obligations which require us:
|To provide our services to you||
|To manage our services to you:
|To manage our relationship with you which will include:
|If you are not our client your personal data may be processed to enable us to provide advice to our client and to be used in legal proceedings on behalf of our client||
|To send you marketing information (including updates (by email, telephone or post) about us, our subsidiaries or legal developments that might be of interest to you and/or information about our services||
|To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)||
||Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise).|
|To use data analytics to improve our website, products/services, marketing, customer relationships and experiences||
||Necessary for our legitimate interests (to define types of customers for our services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy).|
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.
We may use your Identity, Contact, Technical, Usage and Marketing and Communications Data to send you updates (by email, telephone or post) about us or legal developments that might be of interest to you and/or information about our services.
Where consent is needed (for example to send you electronic communications), we will ask for this consent separately and clearly.
We will always ensure that your personal data is treated with respect and we will never sell or share it with other organisations for marketing purposes.
We may ask you to confirm or update your marketing preferences over time, such as when 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.
You can ask us to stop sending you marketing messages at any time by following the unsubscribe links on any marketing message sent to you or by Contacting us at any time.
Our website does not automatically store or capture personal data other than logging your IP address and other technical IT information. This information is retained after you have logged off for up to three months. We do not link information automatically logged by other means with personal data about specific individuals but we may link the automatically logged information with business information for business intelligence purposes.
The cookies used on this website help us to improve our website and to deliver a better and more responsive service.
For more details on the cookies used on this site please see our Cookies policy
Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please Contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.
- Internal Third Parties as set out in the Glossary.
- External Third Parties as set out in the Glossary.
- Specific third parties listed in the table in paragraph 4 above.
- Website management providers if we transfer ownership or management of our website to a third party.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
There may be occasions where it will be necessary to transfer your Personal Data outside the European Economic Area (EEA).
- With service providers who process data outside of the EEA.
- If you, or any of your staff or advisers, are based outside of the EEA.
- Where there is an international or cross border aspect to your instructions.
- If our lawyers supporting you need to remotely access your information whilst they are outside of the EEA.
Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
- We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission.
- Where we use certain service providers, we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe.
- Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US.
Please Contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
We have put in place appropriate technical and organisational measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
We do not give visitors to our website the option of using a secure transmission method to send us their personal data, unless otherwise indicated. Accordingly, your attention is drawn to the fact that any information carried over the Internet is not secure; information can be intercepted, lost, redirected, changed and read by other people. If you need to send us Personal Data securely then please contact us.
However, Foot Anstey acknowledges your trust and is committed to protecting the information you provide to us. To prevent unauthorised access, maintain accuracy, and ensure proper use of information, we have employed physical, electronic, and managerial processes to safeguard and secure the information we collect online.
We use leading technologies and encryption software to safeguard your data, and set strict security standards to prevent any unauthorised access to it.
The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for one of our suppliers. Such staff maybe engaged in, among other things, the processing of your payment details.
If you would like to know more about our data security measures please Contact us.
How long will you use my personal data for?
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
By law we have to keep basic information about our clients (including Contact, Identity, Financial and Transaction Data) for six years after our business relationship ends for tax purposes.
Regulation 40 of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 requires that we retain records and information obtained to complete due diligence for a period of five years after the end of our business relationship.
We are also required under our contract with you to keep Advice Data so that we, and our professional indemnity insurers, may to refer to it in the event that you bring a claim against us. We will therefore retain such information for seven years from the date of the closure of your matter.
Longer retention periods may apply to specific types of work as follows (all retention periods run from the data of the closure of your matter):
- Property Developer site acquisition and set up files will be retained for 12 years;
- Advice that affects a minor will be retained for 24 years;
- Secured Lending and Islamic Finance Conveyancing will be retained for 25 years;
- Pensions Advice or Pension Sharing Orders have been discussed or arranged will be retained for 50 years;
- Prenuptial or Postnuptial advice files will be retained for 50 years;
- Advice where our client lacks capacity will be retained for 100 years;
- Wills, Lasting Powers of Attorney, Codicils, Trusts, Personal Tax planning and Deeds will be retained for 100 years (where relevant both document and files will be retained);
- We will also retain any important original documents or unique electronic copies for the duration of our business relationship.
In some circumstances you can ask us to delete your data: see 9'3. Request erasure of your personal data' below for further information.
In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
Under certain circumstances, you have rights under data protection laws in relation to your personal data. Please click on the links below to find out more about these rights:
- Request access to your personal data
Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
- Request correction of your personal data
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us
- Request erasure of your personal data
Request erasure of your personal data. This enables you to ask us to delete or remove personal data 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 data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
- Object to processing of your personal data
Object to processing of your personal data 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 as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms
- Request restriction of processing your personal data
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
- Request transfer of your personal data
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
- Right to withdraw consent
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent. If you wish to exercise any of the rights set out above, please Contact us.
No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
You should note that for security reasons we do not accept Subject Access Requests via third party platforms (such as "TapForData"). Requests should be made using the contact details in section 1 of this policy.
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 your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
Legitimate Interest means the interest of our business (or a third party) in conducting and managing our business to enable us to give you the best service. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by Contacting us.
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to, including industry guidance in respect of those obligations.
Internal Third Parties
- The Foot Anstey Group. In particular
- Foot Anstey Trust Corporation Limited.
- Clinical Negligence Services Limited trading as "Enable Law".
- Foot Anstey Secretarial Services.
- Foot Anstey Incorporations Limited.
External Third Parties
- Professional advisers acting as processors or controllers based within England and Wales who provide consultancy, banking, legal, insurance and accounting services.
- Legal counsel, advisors, consultants and professional experts who will provide advice and support in relation to the advice we are providing.
- A court or tribunal where we are acting for you in a dispute or litigation.
- The solicitors and advisers acting on the other side of your matter.
- HM Revenue & Customs, HM Land Registry, regulators and other authorities acting as processors or controllers based in the United Kingdom who require reporting of processing activities in certain circumstances.
- Law enforcement agencies where required by law (such as the prevention of financial crime and terrorism).
- Regulatory bodies including the Solicitors Regulation Authority.
- Our professional indemnity insurer in the event we notify them of a potential circumstance which could lead to a claim or a claim is made against us and in order to defend that claim.
- Service providers acting as processors based within the EEA who provide IT and system administration services, debt collectors, market research and data analytics providers.
- Creditsafe, GB Group and Accuity who provide identity verification, sanction list and PEP list checks to comply with the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017.
- Tessian, who provide artificial intelligence software which monitors emails leaving our systems which is designed to protect against the risk of misaddressed emails. This involves the transfer of relevant email metadata (including recipient email address, subject heading and salutation) to the software provider’s secure datacentre and this information does not leave the EU. This data will only be used for this, and not for any other, purpose.
- Mimecast who provide email security and archiving facilities. All emails sent and received by the group are stored within this cloud based system and will include all Personal and Special Category data contained within the email. This data does not leave the EU and is erased after six years.
- External auditors who may carry out independent checks on your file as part of our accreditations.
- HighQ Solutions Limited who provide cloud based collaboration tools. This involves the electronic transfer of relevant correspondence and documents from your file, which will include personal and sensitive data, to a secure cloud based system. Clients will be provided with specific terms and conditions which includes GDPR / Data Protection requirements when logging in to this facility. This data does not leave the EU will be removed upon closure of your instructions.
We will not share any of your Personal Data with these third parties for marketing purposes.
This policy will be reviewed at least annually by the Foot Anstey's Data Protection Officer.
Date of last review: 05/08/2019
Approved by: James Treloar – Data Protection Officer