I will process your personal data (and that of any third parties concerned) as part of my provision to you of notarial and associated services, including access to my website (“my Services”).
Your use of my Services will be your acceptance of the provisions of the Notice currently displayed on my website at that time. In using my Services you agree to indemnify me in respect of any claims, losses, demands, actions, liabilities, fines, penalties, reasonable expenses, damages and settlement amounts (including reasonable legal fees and costs) incurred by me arising out of, or in connection with, any breach by you of the warranties on your part contained in this Notice.
“Personal data” means any information relating to an directly or indirectly identified (or identifiable) natural person, known as a ‘data subject’ (including name, address, email address, phone number, IP address, location data, cookies and similar information). Personal data may include “special categories of personal data” e.g. racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data (for the purpose of uniquely identifying a data subject), data concerning health, or data concerning a natural person's sex life, or sexual orientation.
I may process personal, or special categories of personal data about you and other data subjects, (e.g. individuals whose details are included in any materials provided by you to me) that you provide me with in connection with my Services. I may obtain information about you and other data subjects from third parties to verify information (e.g. qualification awarding organisations). If you use my website, I may collect information about your devices, including clickstream data, to enable me to provide my Services.
I need to collect certain personal data to comply with regulatory and other due diligence requirements. You warrant, with regard to any you provide to me about you, or a third party, that:
- it is accurate, complete and up to date and that you will notify me of any changes (because incorrect personal data may cause documents to be rejected by authorities, render them invalid in the country in which they are intended to be used, or cause delay to my Services).
- you are authorised to share such personal data with me in connection with my Services and that wherever another data subject is referred to, you have consent from all relevant data subjects to the inclusion and use of any personal data concerning them and (if required) for the transfer of personal data to foreign parties or organisations in connection with my Services, or that it is authorised because it is in the interest of the data subject.
I will only process personal data in accordance with applicable law and (in order to provide and develop and improve my Services) to:
- communicate with you, or others (including foreign organisations).
- engage suppliers and service providers to enable me to provide my Services, including secure communication and data storage, webhosting, identity verification, fraud detection and technical, logistical, courier or other functions, as applicable.
- allow you to use features on our website and to administer my business, including complaints resolution, troubleshooting of our website, data analysis, testing of new features, research, statistical and survey purposes.
- comply with applicable law, including Notary Practice Rules, guidelines and regulations, or in compliance with a lawful request from a court, or regulatory body.
The legal basis for my processing of personal data in providing my Services may typically include:
- your consent implicit in your instructions, or processing necessary to fulfil your instructions, or for other data subjects.
- processing necessary for my own, or a third party’s legitimate interests.
- processing necessary for me to comply with a legal obligation, or any other applicable legal grounds for processing from time to time.
A cookie is a small piece of information sent to your browser and stored on your computer’s hard drive, mobile phone or other device that allows me to collect information, including personal data. I may use cookies and similar technology on my website. If you set your browser to notify, you will be able to decide if you want to accept one from me, but in the event that you do not accept cookies some of my Services offered through my website may not function properly.
Visiting my website may lead third parties to place cookies on your device. The cookies placed by me and used on my website may include:
- strictly necessary cookies that enable you to move around and use the website’s features (without which I cannot provide my Services) and that are deleted when you close the browser.
- performance cookies that collect information in an anonymous form to tell me the number of visitors to my website, how they use it and the approximate geographical region they are visiting from.
- functionality cookies that allow my website to remember choices you make (such as your user name, language or the region you are in, if applicable) and provide enhanced, more personal features (and that can be used to remember changes you have made to features of web pages that you can customise). The information collected may be anonymised and your browsing activity on other websites cannot be tracked.
- social media cookies that allow you to connect with social media networks and that will be kept on your device until they expire, or you delete them.
I may combine information from cookies with information about you from other sources.
I may wish, or be required, to disclose your personal data to third parties, if:
- I need to use suppliers / service providers to facilitate the provision of my Services, including public authorities (such as the Foreign Office, or a foreign Embassy, Consulate, or High Commission), Chambers of Commerce, couriers, translators, IT consultants, legalisation and other handling agents, webhosting providers, identity verification partners (in order to verify your identity against public databases), consultants (for example, in order to protect the security or integrity of my business, including databases and systems and for business continuity reasons).
- professional regulatory organisations.
- successors to my business to which your personal data will be permanently transferred.
- public authorities where required by law to do so.
- any other third party in accordance with your consent.
I may transfer your personal data to a third party in countries other than that in which it was originally collected, for further processing in accordance with the purposes set out in this Privacy Notice, such as foreign Embassies located in the UK or abroad, in which case personal data may be processed in accordance with laws and international treaties to which they are automatically subject.
If I transfer personal data to private organisations abroad, such as subcontractors, I will, as required by applicable law, ensure that your privacy rights are adequately protected by appropriate technical, organisation, contractual or other lawful means.
I will retain your personal data for as long as is reasonably necessary for the purposes listed above, or as required by law. For example, the Notaries Practice Rules require all notarial acts in public form (i.e. containing my certificate) to be permanently preserved and those not in public form (i.e. they contain your act, or statement) to be preserved for a minimum period of twelve years. I may for reasons of security and convenience store personal data on remote facilities, in an encrypted form.
I may keep permanently an anonymised form of your personal data for statistical purposes, to the extent that I have a legitimate and lawful interest in doing so (such as to assess financial viability of my Services).
I will maintain technical and organisational security measures to prevent unauthorised access to your personal data, but please note that the internet is not fully secure and if you use my website, or send confidential materials to me by email, I cannot guarantee the security of your information.
You have the right to make a written subject access request (SAR) for a copy of your personal data held by me, subject to certain limitations and exemptions and the rights of other data subjects. If you make a SAR please be ready to submit proof of your identity. I may be entitled to make a charge for provision of copies I provide.
You may request that I rectify any inaccurate or incomplete personal data.
If you withdraw, or a connected data subject withdraws consent allowing me to process personal data in connection with my Services it will not affect the lawfulness of processing I carried out on the basis of previous consent.
I do not make automated decisions about data processing.
If you ask, or a data subject asks me:
- to erase personal data I will do so, unless there is a lawful reason why I should not (such as an overriding legitimate ground for keeping personal data, or regulatory archiving obligations).
- to restrict processing of personal data I will do so, unless there is a lawful reason why I should not (such as a legal obligation to continue processing personal data in a certain way).
- to provide a copy of personal data in a structured, commonly used and machine readable format and transfer it to another provider of the same or similar services to my Services I will do so, but will retain the data subject’s personal data if I am required to do so for legitimate and lawful purposes.
As a data subject you have various rights in relation to your personal data, explained on the Information Commissioner’s Office website www.ico.org.uk.