My practice is registered with the Information Commissioner’s Office (“ICO”) under number ZA541383.
- If you have any questions about this privacy notice (“Notice”), please contact me.
- My practice will process your and third parties’ personal data, as further explained below, in the course of providing you with notarial and associated services including access to my website and online features (“Services”).
- I will let you know, by posting on my website or otherwise, if I make any changes to this Notice from time to time. Your continued use of the Services after notifying such changes will amount to your acknowledgement of the amended Notice.
- PLEASE NOTE: You shall and you hereby agree to indemnify my practice and its affiliates and their officers, employees, agents and subcontractors (each an “Indemnified Party”) from and against any claims, losses, demands, actions, liabilities, fines, penalties, reasonable expenses, damages and settlement amounts (including reasonable legal fees and costs) incurred by any Indemnified Party arising out of or in connection with any breach by you of the warranties included in paragraphs 8 & 9.
- “Personal data” means any information relating to an identified or identifiable natural person, known as ‘data subject’, who can be identified directly or indirectly; it may include name, address, email address, phone number, IP address, location data, cookies and similar information. It may also include “special categories of personal data” such as 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.
- My practice may process personal data and special categories of personal data which you provide in connection with the Services about yourself and other data subjects, e.g. individuals whose details are included in any materials provided by you to my practice. My practice may obtain information about you and other data subjects from third party service providers, such as due diligence platforms. If you use my online Services, my practice may collect information about your devices including clickstream data.
- The provision of certain personal data is mandatory in order for my practice to comply with mandatory client due diligence requirements and consequently to provide the Services. You warrant on a continuous basis that such personal data is accurate, complete and up to date. Failure to comply may result in documents being rejected by the relevant certification authorities, held invalid in the destination country or other difficulty in successfully completing the Services.
- In relation to personal data of data subjects you warrant to my practice on a continuous basis that:
- where applicable, you are authorised to share such personal data with my practice in connection with the Services and that wherever another data subject is referred to, you have obtained the explicit and demonstrable consent from all relevant data subjects to the inclusion and use of any personal data concerning them;
- to the extent this is required in connection with the Services, such personal data is accurate, complete and up to date; and
- either you provide your explicit consent and warrant that each data subject has provided explicit consent for the transfer of personal data to foreign organisations in connection with the Services as set out at paragraph 18, or that an alternative legal gateway for such transfer (such as transfer necessary for the conclusion or performance of a contract concluded in the interest of the data subject) has been satisfied.
How do I process your personal data?
- My practice will only process personal data, in accordance with applicable law, for the following purposes:
- responding to your queries, requests and other communications;
- providing the Services, including, where applicable, procuring acts from foreign organisations;
- enabling suppliers and service providers to carry out certain functions on behalf of my practice in order to provide the Services,including webhosting, data storage, identity verification, technical, logistical, courier or other functions, as applicable;
- allowing you to use features on my website, when you choose to do so;
- sending you personalised marketing communications requested by you, as well as serving personalised advertising to your devices,based on your interests in accordance with my Cookie Statement below. You have the right to disable cookies as set out above.
- ensuring the security of my practice and preventing or detecting fraud;
- administering my practice, including complaints resolution, troubleshooting of my website, data analysis, testing of new features, research, statistical and survey purposes;
- developing and improving my Services;
- complying with applicable law, including Notary Practice Rules, guidelines and regulations or in response to a lawful request from a court or regulatory body.
What is Personal Data?
The legal basis for my processing of personal data for the purposes described above will typically include:
- processing necessary to fulfil a contract that I have in place with you or other data subjects, such as processing for the purposes set out in paragraphs (a), (b), (c) and (d);
- your consent, such as processing for the purposes set out in paragraphs (b) and (e)
- processing necessary for my or a third party’s legitimate interests, such as processing for the purposes set out in paragraphs (a), (b), (c), (f), (g) and (h), which is carried out on the basis of the legitimate interests of my practice to ensure that Services are properly provided, the security of my practice and its clients and the proper administration of my practice;and
- processing necessary for compliance with a legal obligation to which I am subject, such as processing for the purposes set out in paragraph (i); and
- any other applicable legal grounds for processing from time to time.
What exactly are cookies?
- First party cookies – cookies that the website you are visiting places on your device.
- Third party cookies – cookies placed on your device through the website but by third parties, such as, Google.
The cookies placed on my website
- Strictly necessary cookies. These cookies are essential in order to enable you to move around my website and use its features. Without these cookies, Services you have asked for cannot be provided.They are deleted when you close the browser. These are first party cookies.
- Performance cookies. These cookies collect information in an anonymous form about how visitors use my website. They allow me to recognise and count the number of visitors and to see how visitors move around the website when they are using it and the approximate regions that they are visiting from. These are first party cookies.
- Functionality cookies. These cookies 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. These cookies can also be used to remember changes you have made to text size, fonts and other parts of web pages that you can customise. The information these cookies collect may be anonymised and they cannot track your browsing activity on other websites. These are first party cookies.
Cookie consent and opting out
Disclosure of personal data
- my suppliers and service providers to facilitate the provision of the Services, including couriers, translators, IT consultants and 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 my databases and systems and for business continuity reasons;
- public authorities to carry out acts which are necessary in connection with the Services, such as the Foreign Office;
- foreign organisations to carry out acts which are necessary in connection with the Services, such as Embassies, Consulates and High Commissions;
- professional organisations exercising certain public functions in relation to the notaries profession, such as Chambers of Commerce;
- regulatory and representative bodies such as the Faculty Office of the Archbishop of Canterbury and the Notaries Society;
- successor or partner legal entities, on a temporary or permanent basis, for the purposes of a joint venture, collaboration, financing, sale, merger, reorganisation, change of legal form, dissolution or similar event relating to my practice. In the case of a merger or sale, your personal data will be permanently transferred to a successor company;
- public authorities where I am required by law to do so; and
- any other third party where you have provided your consent.
International transfer of your personal data
Retention of personal data
Security of personal data
Data subject rights
- Right to make a subject access request (SAR). Data subjects may request in writing copies of their personal data. However, compliance with such requests is subject to certain limitations and exemptions and the rights of other data subjects. Each request should make clear that a SAR is being made. You may also be required to submit a proof of your identity and payment, where applicable.
- Right to rectification. Data subjects may request that I rectify any inaccurate or incomplete personal data.
- Right to withdraw consent. Data subjects may at any time withdraw their consent to the processing of their personal data carried out by my practice on the basis of previous consent. Such withdrawal will not affect the lawfulness of processing based on previous consent.
- Right to object to processing, including automated processing and profiling. My practice does not make automated decisions. Profiling may be carried out for practice administration purposes, such as monitoring trends in user visits of our website, and in order to deliver targeted ads. My practice may use third party due diligence platforms which provide recommendations about data subjects by automated means. I will comply with any data subject’s objection to processing unless I have a compelling overriding legitimate ground for the processing, the processing is for the establishment, exercise or defence of legal claims or I have another lawful reason to refuse such request. I will comply with each valid opt-out request in relation to marketing communications.
- Right to erasure. Data subjects may request that I erase their personal data. I will comply, unless there is a lawful reason for not doing so. For example, there may be an overriding legitimate ground for keeping the personal data, such as my archiving obligations that I have to comply with or that are in accordance with my policy as set out above..
- Restriction. Data subjects may request that I restrict my processing of their personal data in various circumstances. I will comply, unless there is a lawful reason for not doing so, such as, a legal obligation to continue processing your personal data in a certain way.
- Right to data portability. In certain circumstances, data subjects may request the controller to provide a copy of their personal data in a structured, commonly used and machine readable format and have it transferred to another provider of the same or similar services. To the extent such right applies to the Services, I will comply with such transfer request. Please note that a transfer to another provider does not imply erasure of the data subject’s personal data which may still be required for legitimate and lawful purposes.
- Right to lodge a complaint with the supervisory authority. I suggest that data subjects contact me about any questions or complaints in relation to how I process personal data. However, each data subject has the right to contact the relevant supervisory authority directly.