Data Protection Policy

We take your privacy very seriously. Please read this Data Protection Policy carefully as it contains important information on who we are and how and why we collect, store, use and share your personal data. It also explains your rights in relation to your personal data and how to contact us or supervisory authorities in the event you have a complaint.

The legal services firms that reside within the HCB Network of Companies, are all individually regulated by the Solicitors Regulation Authority (SRA) and are professionally bound to safeguard your privacy and information https://www.sra.org.uk/solicitors/guidance/confidentiality-client-information/, and in the wider context of data protection under the UK General Data Protection Regulation (UK GDPR) which lies within the framework of the Data Protection Act 2018 (DPA 2018) controlled by the Information Commissioner’s Office (ICO) https://ico.org.uk/for-organisations/guide-to-data-protection/introduction-to-data-protection. We are also required to operate in accordance with the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLR 2017) with particular attention to regulations 39-41 where your data is concerned, details of which can be found here https://www.legislation.gov.uk/uksi/2017/692. Usually within these regulations, we are seen as being responsible as a ‘Controller’ of that personal data. Occasionally we act as third-party holders of data on behalf of other parties acting as a ‘Controller’ and in these circumstances we can be seen as a ‘Processor’, and finally on some occasions we can be seen as both a ‘Controller’ and a ‘Processor’. Our use of your personal data is subject to your instructions, the UK GDPR, DPA 2018, MLR 2017 and other relevant UK legislation, and our professional duty of confidentiality.

Key terms

It would be helpful to start by explaining some key terms used in this policy:

We, us, our	‘HCB’ and the ‘HCB Network of Companies’ HCB Solicitors Ltd HCB Widdows Mason Ltd HCB Legal Limited
Our Data Protection Officer (DPO)	Mr Simon Farrell simonfarrell@hcbgroup.com +44 (0)121 703 2601
Personal data	Any information relating to an identified or identifiable individual
Special category personal data	Personal data revealing racial or ethnic origin, political opinions, religious beliefs, philosophical beliefs or trade union membership Genetic and biometric data Criminal Record data Data relating to a Minor Data concerning health, sex life or sexual orientation

Personal data we collect about you

The table below sets out the personal data we will or may collect in the course of advising and/or acting for you.

Personal data we will collect

Personal data we may collect depending on why you have instructed us

Your name, address and telephone number

Information to enable us to check and verify your identity e.g. your date of birth or passport details

Electronic contact details e.g. your email address and mobile phone number

Information relating to the matter in which you are seeking our advice or representation

Information to enable us to undertake a credit or other financial checks on you

Your financial details so far as relevant to your instructions e.g. the source of your funds if you are instructing on a purchase transaction

Information about your use of our IT, communication and other systems, and other monitoring information e.g. if using our secure online client portal(s)

Your National Insurance and tax details

Your bank and/or building society details

Details of your professional online presence e.g. LinkedIn profile

Details of your spouse/partner and dependants or other family members e.g. if you instruct us on a family matter or a will

Your employment status and details including salary and benefits e.g. if you instruct us on matter related to your employment or in which your employment status or income is relevant

Your nationality and immigration status and information from related documents, such as your passport or other identification, and immigration information e.g. if you instruct us on an immigration matter

Details of your pension arrangements e.g. if you instruct us on a pension matter or in relation to financial arrangements following breakdown of a relationship

Your employment records including, where relevant, records relating to sickness and attendance, performance, disciplinary, conduct and grievances (including relevant special category personal data) e.g. if you instruct us on matter related to your employment or in which your employment records are relevant

Your racial or ethnic origin, gender and sexual orientation, religious or similar beliefs e.g. if you instruct us on discrimination claim

Your trade union membership e.g. if you instruct us on discrimination claim or your matter is funded by a trade union

Personal identifying information, such as your eye colour or your parents’ names e.g. if you instruct us to incorporate a company for you

Your medical records e.g. if we are acting for you in a personal injury claim

This personal data is required to enable us to provide our service to you. If you do not provide personal data we ask for, it may delay or prevent us from providing services to you.

How your personal data is collected

We collect most of this information from you, direct or via our secure online client portal. However, we may also collect information:

from publicly accessible sources e.g. Companies House or HM Land Registry;

directly from a third party e.g. -
- sanctions screening providers;
- credit reference agencies;
- client due diligence providers.

from a third party with your consent e.g. -
- your bank or building society, another financial institution or advisor;
- consultants and other professionals we may engage in relation to your matter;
- your employer and/or trade union, professional body or pension administrators;
- your doctors, medical and occupational health professionals.

via our website—we use cookies on our website (for more information on cookies, please see our cookies policy www.hcbgroup.com/site/help/privacy_help.html

via our information technology (IT) systems e.g. -
- case/accounts management, document management and time recording systems;
- door entry systems and reception logs;
- automated monitoring of our websites and other technical systems, such as our computer networks and connections, CCTV and access control systems, communications systems, email and instant messaging systems.

How and why we use your personal data

Under data protection law, we can only use your personal data if we have a proper reason for doing so e.g. -

to comply with our legal and regulatory obligations;
for the performance of our contract with you or to take steps at your request before entering into a contract;
for our legitimate interests or those of a third party; or
where you have given consent.

A legitimate interest is when we have a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests.

The table below explains what we use (process) your personal data for and our reasons for doing so:

What we use your personal data for	Our reasons
To provide legal services to you	For the performance of our contract with you or to take steps at your request before entering into a contract
Conducting checks to identify our clients and verify their identity Screening for financial and other sanctions or embargoes Other processing necessary to comply with professional, legal and regulatory obligations that apply to our business e.g. under health and safety regulation or rules issued by our professional regulator	To comply with our legal and regulatory obligations
Gathering and providing information required by or relating to audits, enquiries or investigations by regulatory bodies	To comply with our legal and regulatory obligations
Ensuring business policies are adhered to e.g. policies covering security and internet use	For our legitimate interests or those of a third party, i.e. to make sure we are following our own internal procedures so we can deliver the best service to you
Operational reasons, such as improving efficiency, training and quality control	For our legitimate interests or those of a third party, i.e. to be as efficient as we can so we can deliver the best service for you at the best price
Ensuring the confidentiality of commercially sensitive information	For our legitimate interests or those of a third party, i.e. to protect our intellectual property and other commercially valuable information To comply with our legal and regulatory obligations
Statistical analysis to help us manage our practice e.g. in relation to our financial performance, client base, work type or other efficiency measures	For our legitimate interests or those of a third party, i.e. to be as efficient as we can so we can deliver the best service for you at the best price
Preventing unauthorised access and modifications to systems	For our legitimate interests or those of a third party, i.e. to prevent and detect criminal activity that could be damaging for us and for you To comply with our legal and regulatory obligations
Updating and enhancing client records	For the performance of our contract with you or to take steps at your request before entering into a contract To comply with our legal and regulatory obligations For our legitimate interests or those of a third party e.g. making sure that we can keep in touch with our clients about existing and new services
Statutory returns	To comply with our legal and regulatory obligations
Ensuring safe working practices, staff administration and assessments	To comply with our legal and regulatory obligations For our legitimate interests or those of a third party e.g. to make sure we are following our own internal procedures and working efficiently so we can deliver the best service to you
Marketing our services and those of selected third parties to: —existing and former clients; —third parties who have previously expressed an interest in our services; —third parties with whom we have had no previous dealings.	For our legitimate interests or those of a third party, i.e. to promote our business to existing and former clients
Credit reference checks via external credit reference agencies	For our legitimate interests or a those of a third party, i.e. for credit control and to ensure our clients are likely to be able to pay for our services
External audits and quality checks e.g. for Lexcel, SQM, CQS accreditation and the audit of our accounts	For our legitimate interests or a those of a third party, i.e. to maintain our accreditations so we can demonstrate we operate at the highest standards To comply with our legal and regulatory obligations

The above table does not apply to special category personal data, which we will only process with your explicit consent.

Promotional communications

We may occasionally use your personal data to send you updates (by email, text message, telephone or post) about legal developments that might be of interest to you and/or information about our services, including exclusive offers, promotions or new services or products.

We have a legitimate interest in processing your personal data for promotional purposes (see above ‘How and why we use your personal data’). This means we do not usually need your consent to send you promotional communications. However, where consent is needed, we will ask for this consent separately and clearly.

We will always treat your personal data with the utmost respect and never sell OR share it with other organisations outside the HCB Network of Companies for marketing purposes.

You have the right to opt out of receiving promotional communications at any time by:

contacting us by emailing unsubscribe@hcbgroup.com
using the ‘unsubscribe’ link in emails

We may ask you to confirm or update your marketing preferences if 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.

Who we share your personal data with

We routinely share personal data with:

professional advisers who we instruct on your behalf or refer you to e.g. barristers, medical professionals, accountants, tax advisors or other experts;
other third parties where necessary to carry out your instructions e.g. your mortgage provider or HM Land Registry in the case of a property transaction or Companies House;
our group companies;
credit reference agencies;
our insurers and brokers;
external auditors e.g. in relation to CQS, SQM or Lexcel accreditation and the audit of our accounts;
our banks;
external service suppliers, representatives and agents that we use to make our business more efficient e.g. typing services, marketing agencies, document collation or analysis suppliers.

We only allow our service providers to handle your personal data if we are satisfied they take appropriate measures to protect your personal data. We also impose contractual obligations on service providers relating to ensure they can only use your personal data to provide services to us and to you.

We may disclose and exchange information with law enforcement agencies and regulatory bodies to comply with our legal and regulatory obligations.

We may also need to share some personal data with other parties, such as potential buyers of some or all of our business or during a re-structuring. Usually, information will be anonymised, but this may not always be possible. The recipient of the information will be bound by confidentiality obligations.

We will not share your personal data with any other third party.

Where your personal data is held

Information may be held at our offices and those of our group companies, third party agencies, service providers, representatives and agents as described above (see ‘Who we share your personal data with’).

Some of these third parties may be based outside the UK. For more information, including on how we safeguard your personal data when this occurs, see below: ‘Transferring your personal data out of the UK’.

How long your personal data will be kept

We will keep your personal data after we have finished advising or acting for you. We will do so for one of these reasons:

to respond to any questions, complaints or claims made by you or on your behalf;
to show that we treated you fairly;
to keep records required by law.

We will not retain your data for longer than necessary for the purposes set out in this policy. Different retention periods apply for different types of data. Further details on this are available on request.

When it is no longer necessary to retain your personal data, we will delete it.

Transferring your personal data out of the UK

To deliver services to you, it is sometimes necessary for us to share your personal data outside the UK e.g. -

with your and our service providers located outside the UK;
if you are based outside the UK;
where there is an international dimension to the matter in which we are advising you.

These transfers are subject to special rules under UK and (where relevant still, post-Brexit) EEA data protection law. We will, however, ensure the transfer complies with data protection law and all personal data will be secure. Our standard practice where approved third parties are concerned is to opt to house data in the UK and to use standard data protection contract clauses which have been approved by the ICO.

If you would like further information, please contact us our Data Protection Officer (see ‘How to contact us’ below).

Your rights

You have the following rights, which you can exercise free of charge:

Access	The right to be provided with a copy of your personal data
Rectification	The right to require us to correct any mistakes in your personal data
To be forgotten/erasure	The right to require us to delete your personal data—in certain situations
Restriction of processing	The right to require us to restrict processing of your personal data—in certain circumstances e.g. if you contest the accuracy of the data
Data portability	The right to receive the personal data you provided to us, in a structured, commonly used and machine-readable format and/or transmit that data to a third party—in certain situations
To object	The right to object: —at any time to your personal data being processed for direct marketing (including profiling); —in certain other situations to our continued processing of your personal data e.g. processing carried out for the purpose of our legitimate interests.
Not to be subject to automated individual decision-making and profiling	The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you

If you would like to exercise any of those rights, please:For further information on each of those rights, including the circumstances in which they apply, please contact us or see https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/

complete a data subject request form - an example of which can be found on the ICO website here https://ico.org.uk/your-data-matters/your-right-to-get-copies-of-your-data/preparing-and-submitting-your-subject-access-request/ and post to our address below;
email, call or write to us OR contact our Data Protection Officer—see below: ‘How to contact us’; and
let us have enough information to identify you (e.g. your full name, address and client or matter reference number if one exists);
let us have proof of your identity and address (a copy of your driving licence or passport and a recent utility or credit card bill); and
let us know what right you want to exercise and the information to which your request relates.

Keeping your personal data secure

We have appropriate security measures to prevent personal data from being accidentally lost, or used or accessed unlawfully. We limit access to your personal data to those who have a genuine business need to access it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

If you want detailed information from Get Safe Online on how to protect your information and your computers and devices against fraud, identity theft, viruses and many other online problems, please visit www.getsafeonline.org. Get Safe Online is supported by HM Government and leading businesses.

How to complain

We hope that our Data Protection Officer can resolve any query or concern you may raise about our use of your information.

The UK GDPR also gives you right to lodge a complaint with a supervisory authority. The supervisory authority in the UK is the Information Commissioner who may be contacted at https://ico.org.uk/make-a-complaint/ or telephone: 0303 123 1113.

Changes to this Data Protection Policy

This Data Protection Policy was revised Rev6 on 27th August 2021. We may change this Data Protection Policy from time to time, when we do we will inform you via an announcement on our website www.hcbgroup.com and/or in our email communications.

How to contact us

Please contact us and/or our Data Protection Officer by post, email or telephone if you have any questions about this privacy policy or the information we hold about you.

Our contact details are shown below:

Our general contact details

Our Data Protection Officer's contact details

HCB Network of Companies

c/o HCB Solicitors Ltd

679 Warwick Road

Solihull

B91 3DA

Tel: +44 (0)121 705 2255

Email: reception@hcbgroup.com

Mr Simon Farrell

c/o HCB Business Services Ltd

679 Warwick Road

Solihull

B91 3DA

Tel: +44 (0)121 703 2601

Email: simonfarrell@hcbgroup.com

Do you need extra help?

If you would like this policy in another format (for example audio, large print, braille) please contact us (see ‘How to contact us’ above).