This notice should be read alongside our standard terms of conditions.
Bernadette Kearns Limited will collect your data to carry out work which you have instructed us to carry out. Our data protection officer is Susan Lowe who can be contacted via email email@example.com
We are required to process your personal data to enable us to carry out your conveyancing transaction and to comply with regulations. We will acquire this information from information provided by yourself, a third party whom you have given your authority to do so, ie your estate agent, mortgage broker, mortgage lender etc. Information may be passed to us by these third parties so that we can undertake your legal work on your behalf.
Confidentiality and Data Protection
We will ensure that any confidential information that is provided to us in relation to your matter remains confidential and is not disclosed to others, except for the purpose of dealing with the transaction for which you instruct us to deal with, or as may be required by law, including the provisions of the General Data Protection Regulation 2016/679 (“GDPR”) and its enabling legislation within the UK, the Data Protection Act 2018 (“DPA”) as amended from time to time.
In dealing with this information we will hold and process your personal data, which may include sensitive personal data, in accordance with the principles of the GDPR and the DPA.
This data enables us to conduct your legal transaction on your behalf and/or assist in the prevention of fraud and to otherwise protect our legitimate interests. This data may include data provided by you to your estate agent, data provided to us directly and data provided by third parties. Your data will be processed and retained by us for the purposes of dealing with your transaction. Your personal data may be shared without your explicit consent where disclosure is permitted by the GDPR or DPA.
Your file may be reviewed as part of an external audit which are carried out by third parties to ensure that our service meets our regulators required standard. We will ensure that any third party that require access to your file for this purpose are made aware that they are under a duty to provide confidentiality and that they are aware of their obligations under the DPA and GDPR.
As part of identification checks and searches we will use a third party company. The company name is Pali. Pali Ltd will handle and store information and data on behalf of Bernadette Kearns Limited, Pali Ltd confirm their compliance with all applicable data protection regulations and laws, including the General Data Protection Regulation (GDPR).
Pali Ltd also confirms their agreement to comply with GDPR requirements in handling and storing any information provided by you.
Why do we need your data?
We require to hold and process your personal data to enable us to carry out your instructions.
Some examples of reasons we will need to process your data as part of our work on your behalf are.
- Verifying source of funds
- Verifying your identity
- Corresponding with you
- Obtaining indemnity insurance policies on your behalf
- Processing your legal transaction including:
- Keeping financial records of your transactions and the transactions we make on your behalf as required by law
- Dealing with some third party on your behalf
We will not sell or rent your information to third parties. We will not share your information with third parties for marketing purposes.
We will only use and process your information for the purposes of carrying out the legal work you have instructed us to complete on your behalf. However, as part of the conveyancing process we will be required to disclose some of your information to third parties to enable to the transaction to be completed correctly and legally
- HM Land Registry to register a property
- HM Revenue & Customs; e.g. for Stamp Duty Liability
- Solicitors acting on the other side
- Contracted Suppliers
- External auditors
- Banks and Building Society and other financial institutions
- Insurance Companies
- Pali - our identity check and search provider
- Any disclosure which is required by law or by our regulators regulation; such as the prevention of financial crime and terrorism
This list is not exhaustive but gives you an indication as to why we are required to process your data. We will ensure that the parties whom we share your data with comply with GDPR and DPA.
How long will you hold my data for?
We are required to retain your personal details for a period of up to 15 years, your details are retained on a paper file and a computer file.
You have a right to access the personal data which we hold about you. Any request to access such data should be made in writing to our Data Protection Officer, Susan Lowe. We are required to confirm upon request the details which we hold on you for example your name address and date of birth.
A request for access to your personal data means you are entitled to a copy of the data we hold on you – such as your name, address, contact details, date of birth, information regarding your health etc.- but it does not mean you are entitled to the documents that contain this data.
Want to make a Complaint?
As above our Data Protection Officer is Susan Lowe and if you have a complaint regarding the information that we hold about you, you should contact Susan Lowe in the first instance at firstname.lastname@example.org
If you are not satisfied with the firms response or believe we are breaching GDPR or DPA, you can complain to the Information Commissioner’s Office (ICO).