PRIVACY NOTICE

The General Data Protection Regulation (the “GDPR”) seeks to protect and enhance the rights of data subjects.   Baird & Company Lawyers & Estate Agents LLP (“Baird & Company”) is committed to protecting and respecting your privacy.   Baird & Company recognises the importance of the correct and lawful treatment of personal information, and will only use personal information as set out in this Privacy Notice.

This Privacy Notice sets out how Baird & Company collects and uses any information that you give us.  The expressions “we”, “us” and “our” refer to Baird & Company.

The Partners of Baird & Company take ultimate responsibility for data protection.  If you have any concerns or wish to exercise any of your rights under the GDPR then you can contact our data protection lead in the following ways:-

Name                                         John P McAndrew

Address                                    North House, North Street, Glenrothes, Fife, KY7 5ND

Email                                         jmcandrew@bairdco.co.uk

Telephone                                01592 759555

It is important that you read this Privacy Notice, together with any additional terms and conditions that we may provide on specific occasions when we are collecting or processing personal information about you, so that you are aware of how and why we are using such personal information.

It is important that the personal information we hold about you is accurate and current.  Please keep us informed if your personal information changes during your relationship with us.

Who are we?

Baird & Company is the trading style of Baird & Company Lawyers & Estate Agents LLP, incorporated under the Limited Liability Partnerships Act 2000 (Registered Number 300936) Registered Office North House, North Street, Glenrothes, Fife, KY7 5NA.  Baird & Company is a law firm and provides legal advice and assistance to its clients.   It is regulated by the Law Society of Scotland.

In what capacity will Baird & Company hold personal information about you?

During the course of providing its services, Baird & Company compile and hold certain personal information about clients as is necessary to provide legal services across various areas such as residential and commercial conveyancing, leases, sales and acquisition, trusts, executries, wills, powers of attorney, guardianships, corporate and general advice and assistance (which list is indicative only).  This may include personal information about current and past employees of clients, family members, business partners, suppliers and other third parties.

How is your personal information collected?

We use different methods to collect personal information from and about you.

  • Directly from you: Typically the personal information that we collect about you will be the personal information that is provided by you at the time of your initially instructing us.  However, it could be provided in electronic formats, on application forms, or in other communications which may be in writing, by telephone, via the internet or by any other means.
  • From third parties: We will also gather personal information from other sources, including from Lenders, law firms, credit or identity reference agencies, accountants, employers, and regulatory bodies.

What personal information will Baird & Company hold about you?

Personal information means any information about a client from which that client can be identified.  It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal information about you, as follows:

  • Full name and title
  • Contact information including email addresses and postal addresses, telephone numbers and fax numbers
  • Qualifications and Employment History
  • Disciplinary and regulatory investigation history
  • Details of any potential conflicts of interest
  • Adverse credit and negative media
  • Criminal convictions
  • Date of birth
  • Identification or supporting documents (such as passport, driving licence, birth certificate, utility bill etc)
  • IP address
  • Gender
  • Bank details
  • Client data (which in addition to the above may include mortgage account information and other data in respect of a conveyancing transaction)

Save as may otherwise be necessary for the purposes of our services agreement with you do not collect any 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 and biometric data).

How will Baird & Company use personal information held about you?

We will only use your personal information when the law allows us to.

We will use your personal data where we need to: (a) in order to meet our service obligations under our agreement with you; (b) 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) or (c) where we need to comply with a legal or regulatory obligations.

We rely on consent as a legal basis for processing your personal information.  You have the right to withdraw consent at any time by contacting us through the data protection lead.

Most commonly, we will use your personal information in the following circumstances and for the purposes of:

Purpose/Activity Lawful basis for processing

Performance

Establishing and Administering a paper or electronic file in relation to the legal services or transactions that you have instructed us about. (a)     Performace of our services agreement with you
Internal record keeping (a)     Performance of our services agreement with you.

(b)    Necessary to comply with a legal obligation

(c)     Necessary for our legitimate interests (to keep our records updated and to study how clients use our products/services)

Undertaking checks with third parties (a)     Performance of our services agreement with you

(b)    Necessary to comply with a legal obligation

Contacting third parties (a)     Performance of our services agreement with you
Prevention and detection of crime (and the prosecution of criminal activities) (a)     Performance of our services agreement with you

(b)    Necessary to comply with a legal obligation

(c)     Necessary for our legitimate interests (for running our business)

Progressing conveyancing transactions (a)     Performance of our services agreement with you
Sending promotional e-mails which we think you may find interesting (only with your express consent) (a)     Performance of our services agreement with you

(b)    Necessary for our legitimate interests (to study how customers use our products/services to develop them and grow our business)

Compliance with laws and regulations (a)     Necessary to comply with a legal obligation.
Processing payment for the purchase of products and/or services (a)     Performance of our services agreement with you

(b)    Necessary for our legitimate interests (to recover debts due to us)

Undertaking anti-money laundering, identity and credit checks (a)     Performance of our services agreement with you

(b)    Necessary to comply with a legal obligation.

Providing this information to agents or subcontractors so that they can assist you (a)    Performance of our services agreement with you

(b)    Necessary for our legitimate interests (for running our business, provision of cashroom, administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)

(c)     Necessary to comply with a legal obligation

Processing payment to you or to third parties (a)     Performance of our services agreement with you

(b)    Necessary to comply with a legal or regulatory obligation.

Change of purpose

We will only use your personal information 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 we need to use your personal information 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 information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

Disclosure of your personal information

Your personal information may be disclosed to the following parties:

  • Employees of Baird & Company
  • Affiliates of Baird & Company
  • Group Companies of Baird & Company
  • Successors in title to the business of Baird & Company
  • Providers of IT Solutions to Baird & Company
  • Third party consultants, contractors or other service providers who may access the personal information when providing services to Baird & Company (including but not limited to Cashroom or IT support services)
  • Government bodies, law enforcement agencies, regulatory bodies, legal societies, trade associations and in response to the other legal or regulatory requests from similar third parties
  • Legal advisers, auditors, contractors or other advisers auditing, assisting with or advising on any of the business purposes of Baird & Company.

If you give us personal information regarding another person, you are confirming they have given you permission to provide their personal information and also that you have advised them that their personal information will be passed to Baird & Company.

Will your personal information be transferred to other countries

In the course of carrying out our services agreement with you we may need to share personal information with third parties in both the UK and internationally. We require third parties to respect the security of your personal information and to treat it in accordance with the law.  We may transfer your personal information outside the EU.  If we do, you can expect a similar degree of protection in respect of your personal information.

What happens if you choose not to provide us with personal information or are unable to provide us with personal information?

If you fail to provide certain personal information when requested, we may not be able to perform the services agreement we have entered into with you, or we may be prevented from complying with our legal obligations.

What are your rights relating to the use of your personal information?

Under the GDPR, you have certain rights in respect of the processing of your personal information, which may vary dependent on the legal basis for collection of your personal information and the uses made of this personal information.

For all uses made of your personal information you have the right to be informed about how we use your personal information, and this notice discharges that obligation.  However, further rights may apply in different circumstances as set out below:

  • Right of access – you have a right to access a copy of the personal information that is held about you (subject to Data Protection Laws).
  • Right of rectification – you have a right to correct personal information that is held about you if it is inaccurate or incomplete.
  • Right to be forgotten – in certain circumstances you can ask for the personal information held about you to be erased (please note our retention period set out below).
  • Right to restrict processing – where certain conditions apply you have a right to restrict processing (please note this may impact our ability to provide our services to you).
  • Right to data portability – you have the right to have the personal information held about you to be transferred to another organisation, where applicable Baird & Company will provide copies of personal information in a structured commonly used, and machine readable form.
  • Right to object – you have the right to object to certain types of processing, such as marketing (please note that we will only ever use your contact information for marketing purposes where you have provided express consent).
  • Right to withdraw consent – Where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact the Data Protection Lead.

In the event you with to exercise any of these rights, please make your request in writing to the Data Protection Lead.

How long will Baird & Company retain your personal information for?

We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, reporting or regulatory requirements.

To determine the appropriate retention period for personal information, we consider it reasonable that we follow and comply with the Law Society of Scotland guidance as

to the erasure or destruction of information and files.  Current guidance in relation to various types of legal services transactions is as follows;

  1. Simple Debt Collection – On completion and after the time for appeal has elapsed.
  2. Divorce and Consistorial Matters – Five years after final completion, e.g. after maintenance, residence and contact orders, etc., have ceased to have effect, or children have reached majority.
  3. Civil Court Cases – Ten years after completion.
  4. Criminal Cases – Murder and other cases involving life imprisonment – the papers should be retained indefinitely.
  5. Cases – files should be kept for the duration of the sentence if more than three years.
  6. Summary Cases – the papers should be retained for three years. A copy of the complaint or indictment and a copy of the legal aid certificate should be kept indefinitely.
  7. Executries – Ten years after completion although an executry may never be complete.  Relevant documents and papers might be sent to the Executor for safekeeping since prior rights and legal rights only prescribe if not claimed in 20 years after becoming enforceable.
  8. Continuing Trusts – Ten years after the termination of the Trust.
  9. Conveyancing Transactions

Purchase – Ten years after completion – although the file may of use until the property is subsequently disposed of.

Sale – One year after completion (i.e. after implementing the Letter of Obligation; dealing with any funds retained; and after Missives have ceased to have effect).

  1. Company Work – Ten years after completion.

In some circumstances we may anonymise your personal information so that it can no longer be associated with you, in which case we may use such personal information without further notice to you.

Security

We have put in place measures to protect the security of your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed.

However the internet is not a secure medium but we are committed to ensuring that your personal information is secure, in order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the personal information we collect. We will use our best efforts to ensure that no unauthorised parties have access to any of your personal information.

Further information

In the event you have questions about this Privacy Notice or wish to make a complaint about how your personal information is being processed by Baird & Company you have a right to complain to the Data Protection Lead.

You have a right to make a complaint at any time to the relevant supervisory authority.  The UK supervisory authority for data protection issues is the Information Commissioner’s Office (ICO).

Legal statement about this Privacy Statement

This Privacy Notice is not designed to form a legally binding contract.

Instructing or engaging our services by you constitutes acceptance by you of the Privacy Notice.  If you do not wish to accept the Privacy Notice, you should not continue to instruct or engage us.  For the avoidance of any doubt, however, as to your consent as a legal basis for us processing your personal information we require you to sign and return to us the attached notice of consent.

All calls made to and by us may be monitored or recorded.

This Privacy Notice was last updated on 25st May 2018.

NOTICE OF CONSENT

General Data Protection Regulation

To:      Baird & Company

            North House

            North Street

            Glenrothes

            Fife,                KY7 5NA

I/We acknowledge receipt of, understand and accept the terms of Baird & Company’s Privacy Notice dated 25th May 2018.

Client…………………………………………………………..

Print name …………………………………………………

Date …………………………………………………………….

Client…………………………………………………………..

Print name …………………………………………………

Date …………………………………………………………….