3. As a data controller we are responsible for your Personal Data and committed to protecting your personal privacy. We have an obligation to process and collect your Personal Data in compliance with data protection law. In certain circumstances we may be required to disclose your Personal Data in order to comply with a regulatory or legal obligation. In all other circumstances, we will treat all Personal Data received from you confidentially and will only use your Personal Data to allow us to deal with your enquiry, to provide our services to you, to approach appropriate third parties on your behalf, or for our own marketing purposes.
6. It is important that the Personal Data we hold about you is accurate and current. Please keep us informed if your Personal Data changes during your relationship with us.
The Information We Collect
7. When we process an enquiry or provide services for you, we may collect and process your Personal Data.
8. We may collect Personal Data from you, including your IP address, when you submit an enquiry to us via our website. We may collect additional Personal Data from you subsequently, as required by us to effectively provide our services to you.
9. In addition to the Personal Data set out above, where you submit an enquiry via our website, we may collect other device related information, such as your operating system and platform, browser details, time zone and device type. We may also collect information about how you use our website, products and services. We collect this information on an anonymised basis and we cannot identify you from it.
10. If you access our websites on your mobile phone or mobile device, we may also collect anonymised information including your mobile device IP address as well as information about your device's operating system and your location information. Where we provide services to you, we may ask you to consent to providing your mobile phone number.
12. We do not routinely collect any Special Categories of Personal Data about you such as 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. Nor do we routinely collect any information about criminal convictions and offences (Criminal Conviction Data). In some cases, these types of data may be relevant to your specific enquiry and the services we provide to you, in which case we will discuss this with you.
13. Where we collect any Special Categories of Personal Data or Criminal Conviction Data, we have an Appropriate Policy Document which sets out how we protect this data. A copy of this document is available on our website. We will use this data for the sole purpose of delivering our services to you in accordance with our legal and regulatory requirements.
14. We will take your provision of Personal Data to us as your consent to our processing that Personal Data as part of responding to your enquiry and/or providing you with our services.
If You Fail to Provide Personal Data
15. Where we need to collect Personal Data by law, or as part of the detail relevant to your enquiry and you fail to provide that Personal Data when requested, we may not be able to properly provide the service you are requesting from us. In this case, we may have to cancel a product or service you have with us, but we will notify you at the time if this is the case.
How We Use Your Information
16. Predominantly, we will use the Personal Data we collect from and about you to respond to any enquiry you have made to us and to carry out the service you have asked us to provide and/or to perform the contract we have entered into with you.
17. We will also use your Personal Data where we need to do so to comply with any legal or regulatory obligations and, where we have your consent, to contact you with marketing information about other Etico Group products or services that we think you may find useful. You are free to withdraw your consent for marketing at any time by emailing us at email@example.com.
18. We may also use aggregated or technical data for analytical purposes relating to client demographics, website performance & optimisation and to assess the performance of our marketing.
19. We may share your Personal Data with third parties for the purposes set out below. We require all third parties to respect the security of your Personal Data and to treat it in accordance with the law. We only permit third parties to process your Personal Data in accordance with a Data Sharing Agreement between us, or where sharing your Personal Data with a third party is necessary in connection with our provision of services to you and/or our discharge of a legal or regulatory obligation. The following is a list of examples of situations where we may share your Personal Data with third parties:
a) Insurers and/or litigation funders: We may need to share your Personal Data with insurers and/or litigation funders if, in order to carry out the service you have requested, we need to share your Personal Data in some form of proposal. Whether informal or formal, this will always be shared on a strictly Commercial in Confidence basis and will only be shared in pursuit of achieving the objective you have instructed us to seek.
b) Internal and External Systems Providers: We use case management software and other software to operate the service we provide to you. Our software providers provide a backup function for business recovery purposes, which entails them holding copies of our data on their servers, including your Personal Data.
c) Professional Advisors: It may be necessary to pass your details on to third parties acting as processors or controllers including lawyers, bankers, auditors and insurers who provide consultancy banking, legal, advice, insurance and accounting services.
d) Regulatory or legal requirements: We may have a legal obligation to share your Personal Data with regulatory authorities, courts, tribunals, government agencies, law enforcement agencies and other third parties.
e) Law firms or other claims management companies: We provide some services in collaboration with a panel of law firms and other services in collaboration with other claims management companies. Where we do this, we may need to share your Personal Data with one of those law firms or claims management companies. We have Data Sharing Agreements in place with all law firms and claims management companies on our panel, and we will only share your Personal Data with a law firm or other claims management company if you consent.
f) Mailing Services: Some of our outgoing mail is produced and sent by specialist external operational post providers, requiring us to share recipient name and address information for the sole purpose of producing and sending our documents.
g) Telephone service providers: All calls to and from Etico Group are recorded for training and monitoring and regulatory purposes, and for your protection.
h) External Marketing Services Providers: If we are sending marketing material to you, we may use the services of external providers. This may happen where we use, for example, providers of automation systems email marketing services.
20. We have implemented physical, technical and administrative security measures to ensure that your Personal Data is treated securely and to reduce the risk of the loss, misuse, unauthorised access, alternation or destruction of your Personal Data. We protect your Personal Data using security measures such as pseudonymisation, encryption, password protection and regularly evaluated and tested security software.
22. We have put in place procedures to deal with any suspected data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
Data outside of the United Kingdom
23. In order to provide the best service to you, we may need to share your Personal Data with service providers located outside of the UK and the EEA. If we need to transfer your Personal Data to a country not listed as adequate by the European Commission, we will only do so if appropriate safeguards are in place.
24. You have a right to object to your data leaving the UK and the EEA. If you would like to object, please contact us using the contact details at paragraph 27 below.
Retention of your Personal Data
25. How long we retain your Personal Data depends on the purpose for which it was obtained and its nature. We will only retain your Personal Data for as long as is necessary. Where we have provided you with services, we are required by law and/or regulation and/or by our insurers to retain some or all of your Personal Data for a specified period and we will usually retain your Personal Data for a period of six years from the date on which we cease to provide services to you. To determine the appropriate retention period for Personal Data, we consider the amount, nature, and sensitivity of the data, the potential risk of harm from unauthorised use or disclosure of your Personal Data and the purposes for which we process your Personal Data. If you wish to know more about the period for which we will retain your Personal Data, please contact us using the contact details at paragraph 27 below.
26. Subject to various exceptions and the processing activities we carry out in respect of your Personal Data, you have certain rights under data protection laws in relation to your Personal Data. You have the right to:
a) Request access to your Personal Data. You can do this by making 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 processing it lawfully.
i. If you wish to submit a "data subject access request", please contact us either at firstname.lastname@example.org, or by post with the words "Subject Access Request" clearly marked. You will not usually 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 and/or refuse to comply with your request if we consider your request is unfounded, repetitive or excessive.
b) Request correction of the Personal Data that we hold about you. This enables you to have any incomplete or inaccurate Personal Data we hold about you corrected, though we may need to verify the accuracy of the new Personal Data you provide to us.
c) 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 you think we may have processed your Personal Data unlawfully or where we are required to erase your Personal Data to comply with the law. Please note, however, that there may be specific legal or regulatory reasons which prevent us from being able to comply with your erasure request. If this is the case, we will, where we are permitted to do so by law, notify you at the time of your request.
d) Object to processing of your Personal Data where we are relying on a legitimate interest 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.
e) Request restriction of processing of your Personal Data. This enables you to ask us to suspend the processing of your Personal Data in certain circumstances. Please contact us for more information using the contact details at paragraph 27 below.
f) Request the transfer of your Personal Data to you or to a data controller chosen by you. We will provide to you, or a data controller you have chosen, your Personal Data in a structured, commonly used, machine-readable format. Please note that this right only applies to Personal Data which is processed by automated means and which we are processing with your consent or pursuant to the performance of a contract to which you are a party.
g) 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. We may continue to process your Personal Data if we are processing that Personal Data on the basis of our legitimate interests. In this case, we will inform you why we will not be ceasing to process your Personal Data.
27. If you wish to exercise any of the rights set out above from paragraph 26 b) to g), please contact us either at email@example.com, or by post. Please address any correspondence for the attention of our Head of Compliance, Ashley Wilson. The contact details are shown in paragraph 28 below.
28. If you have a complaint regarding the way that we have handled your Personal Data, please contact us by email, phone or post at the following address so that we can investigate your complaint. Please address any complaints for the attention of our Head of Compliance, Ashley Wilson;
Etico Group Limited
St. James House
Telephone: 0114 4783449
29. Once we have investigated your complaint, if you are still not satisfied with the outcome, you have the right to complain directly to the Information Commissioner's Office at the address below. It is not necessary for you to complain directly to us before complaining to the Information Commissioner's Office.
Information Commissioner's Office
Telephone: 0303 123 1113
Email: via online form at www.ico.org.uk
30. For further information about your rights and about how to complain, you can visit the ICO's website at: www.ico.org.uk.