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Privacy Notice – Existing Clients 2018-07-26T15:56:18+01:00

DATA PRIVACY MATTERS

This is your guide to how personal data is managed by Lacy Walsh Solicitors. Please read this carefully.

Data Privacy is taken very seriously by Lacy Walsh Solicitors. It is important that you know exactly what we do with the personal information you and others provide to us, why we gather and retain it and what it means to you. This document outlines our approach to Data Privacy to fulfil our obligations under the General Data Protection Regulation (2018). We welcome this as an opportunity to reassure you of the importance we place on keeping your personal data secure, and the strict guidelines we apply.

CONTENTS

1. Who we are

Throughout this document “we” “us” “our” and “ours” refer to Lacy Walsh Solicitors

Registered Office; 26 Fitzwilliam Square, Dublin 2

The purpose of this privacy notice is to explain to you how we collect and use personal information in connection with our business. “Personal Information” means information about a living individual who can be identified from that information (either by itself or when it is combined with other information).

2. The Information we process

We collect and process various categories of personal information at the start of and during your relationship with us. We will limit the collection and processing of information to information necessary to achieve one or more legitimate purposes as identified below in paragraph 9. We are also required by law to retain information relating to our files for specified periods of time, for example under the Solicitors Accounting Regulations. The Information retained on our files will contain “personal data” however, Lacy Walsh Solicitors will endeavour to retain a minimum amount of information for the minimum required period of time.

Personal Information may include (depending on what services you require from our firm);-

➢ Basic personal information, including name, date of birth and contact details including home address, work address email address and work and personal telephone contact details.
➢ Your Personal Public Service Number (PPSN) or Tax Reference Number (TRN)
➢ Financial information, including account and transactional information
➢ Information about your family, lifestyle and social circumstances, such as dependents, marital status, next of kin, and contact details, Information relating to your financial circumstances and in certain circumstances information relating to your partner or spouses finances and circumstances, including personal wealth, assets and liabilities, proof of income and expenditure, details of investments and pension entitlements
➢ Employment details and information
➢ Medical Information, Records and Reports
➢ Visual images and personal appearance (such as copies of passports, drivers licence or in some circumstances CCTV images)
➢ Online Profile and Media Information and Activity based on your interaction with us for example, online banking, mobile phone network confirmations, searches, site visits.
➢ If you give us information about someone else (e.g information about a spouse or partner) during the course of our relationship with you we may add this information to any personal information that we already hold and we will use it in the ways described in our Data Privacy Notice
➢ If someone else gives us information about you (e.g information about a spouse or partner) during the course of our relationship with them we may add this information to any personal information that we already hold and we will use it in the ways described in our Data Privacy Notice

We may also process certain special categories of information for a specific purpose. These special categories of personal data require a higher level of protection. Examples of this would include a person’s racial or ethnic origin, your mental or physical health or condition, religious or philosophical belief, membership of a trade union and/or political opinion. We may process special categories of personal data in limited circumstances with your explicit written consent.

In addition we can process this type of data where it is necessary to do so in legal claims or where it is needed to protect your interests (or someone else’s interests) and you are not capable of giving consent, or you have already made the information public. We may also use this information to perform a contract that we have entered into with you, or to comply with a legal obligation or where it is necessary for our legitimate interests.

3. How we obtain and use your information

Your information is made up of all the personal information we obtain from you when you instruct this firm. In addition we collect and hold information about you/your business and the proprietors, officers and beneficial owners of the business and from the transactions or matters we deal with on your behalf. This includes;-

➢ Information that you give to us
➢ Information that we receive from third parties (including third parties who provide services to you or us)
➢ Information that we learn about you through our relationship with you and the manner in which information is disclosed by you through your transactions with us
➢ Information that we gather from publicly available sources such as the press the electoral register, company registers and online search engines

The information that we possess and/or retain on our system is held under one of the purposes for processing information outlined in paragraph 9 below.

It may become necessary to disclose personal data to a third party and this is dealt with at paragraph 6 below.

We will retain the personal data that we retain for as long as is necessary to fulfil the purposes that we collected it, including to satisfy any legal, accounting or reporting requirements.

Please note that we are required to retain our files in accordance with the Solicitors Regulations for a specified number of years, depending on what case we have dealt with on your behalf.

4. Your Rights

Rights Description
Access – If you would like a copy of the personal information that we hold about you, please write to;

Subject Access Request
Lacy Walsh Solicitors
26 Fitzwilliam Square
Dublin 2
Correction – If you believe that the information that we hold about you is inaccurate, you have a right to request that we restrict the processing of the information and to rectify the inaccurate personal information.

Erasure – You may request that we delete your personal information if you believe that;-

– We no longer need to process your information for the purposes that it was provided
– We have requested your permission to process your personal information and you wish to withdraw your consent

Please note that the right of erasure is subject to certain exemptions and if you request us to delete your information, we may or may not be in a position to do so.
Restriction – You may request that we restrict your personal information if you believe that;-

– Any of the information that we hold about you that is inaccurate
– We no longer need to process your information for the purposes that it was provided
– We have requested your permission to process your personal information and you wish to withdraw your consent

Please note that the right of restriction is subject to certain exemptions and if you request us to restrict your information, we may only do this in accordance with the regulations and the law.
Objection – You have a right to object to us processing or retaining your personal data. In circumstances where we can demonstrate compelling and legitimate grounds for the processing (which may override your own interests) we may continue processing your personal data. Depending on the circumstances, we may need to restrict or cease processing of your personal information altogether or where requested, delete your information. Please note that your right to object to us processing your information is subject to certain exemptions and if you object to us processing your information, it may become necessary to suspend or cease our business or transaction with you.
Withdraw Consent – Where we rely on your permission to process personal information, you may withdraw your consent at any time. We will always make it clear where we need your permission to undertake specific processing activities.
Lodge Complaints – You have a right to lodge a complaint with us or with the Data Protection Commissioner If you wish to raise a complaint in relation to how we handled your personal information, please contact us in any of the following ways;

By telephone; 01 6624810

In writing; Customer Care
Lacy Walsh Solicitors
26 Fitzwilliam Square
Dublin 2

We hope to address your concerns through our normal complaints procedure.

You have the right to complain to the Data Protection Commissioner. You can contact the Date Protection Commission at Canal House, Station Road, Portarlington, R32 AP23, County Laois. For more information visit www.dataprotection.ie

5. How we use and share your information

We will only use and share your information where it is necessary for us to lawfully carry out our business or transaction that you have instructed us to deal with. Your information may be shared with and processed in accordance with your instructions to us.

We have described the purposes in paragraph 9 below.

6. Sharing with Third Parties

We will not share your information with anyone outside of Lacy Walsh Solicitors except;

(a) Where we have your permission
(b) Where the information is required to be shared, to provide our services to you, for example, by our service providers. Our service providers will only use your information in accordance with our instructions to them and we ensure that they have appropriate measures in place to protect your information.
(c) Where we are required by law and by law enforcement agencies, judicial bodies, government entities, tax authorities or regulatory bodies both here in Ireland and internationally
(d) With third parties providing services to us, such as agents or sub-contractors acting on our behalf, such as our IT Consultants and telecommunications provider, our data processors, computer maintenance contractor, document storage providers and accountants
(e) With third parties as instructed by you to progress your file, such as Counsel, Medical Advisors, Actuaries, Personal Investigators, Financial Institution, Architects, Surveyors, and Tax Consultants
(f) With third parties as required by law, for example where a person or entity provides a guarantee or indemnity on your behalf,
(g) Where permitted by law, it is necessary for our legitimate interests or those of a third part, and it is not inconsistent with the purposes listed above.

If you ask us we will share your information with any third party where necessary. If you ask a third party provider to provide you with information you’re allowing that third party to access information relating to your business or transaction with us. We will not be responsible for any such third party’s use of your information which will be governed with you and any privacy statement they provide to you.

In the event that any additional authorised users are added by you, we shall share information about the business or transaction with all authorised users.

It is important to note that no data transmission over the internet can be 100% secure and so we cannot guarantee the security of any information you sent to us over the internet. Any transmission of such information is at your own risk.

7. Transferring Information Overseas

From time to time and dependent on the circumstances of the business or transaction, it may be necessary to transfer your information to other countries. The transfer of the information is done so on the basis of your instructions, in accordance with the applicable laws.

In certain circumstances it may be necessary to transfer personal data outside of the European Economic Area (EEA) and in these circumstances we will ensure appropriate safeguards are in place to protect the privacy and integrity of the data being transferred.

8. How long we keep your information

8.1 By providing you with our services, we create records that contain your Information, such as client instructions, activity records, tax records and records of consultations and telephone conversations. Records can be held on a variety of media (physical or electronic) and formats.
8.2 We manage our records to help us assist our clients and also to comply with legal and regulatory requirements. These records are evidence that we are meeting our responsibilities to our clients and also a record of the transactions or activities that have taken place on behalf of our clients
8.3 Retention periods for records are determined on the type of record, the nature of the activity or transaction, the applicable legal and regulatory requirements.
8.4 As a general rule of thumb and in accordance with regulatory requirements we would process and retain all client’s files for a period of twelve years after the activity or transaction completes.

9. Schedule of Purposes for processing Data

We will only use and share your information where it is necessary for us to carry out our lawful business activities. Your information may be shared and processed in accordance with your instructions. We want to ensure that you fully understand how your information may be uses.

A. Performance of a Contract
We may process your information where it is necessary to enter into a contract with you for the provision of services or to perform our obligations under that contract you have entered into with us. Please note that if your do not agree to provide us with the requested information, it may not be possible for us to continue with your transaction and we may need to suspend or cease acting for you until the matter is resolved. We have described some of the purposes for which your information may be used below;

– Assess your request for services
– Provide and administer services throughout your business relationship with us, including, opening, setting up or closing of a file or account, collecting and issuing all necessary documentation, executing your instructions to us, processing the transaction and processing exchange of funds in accordance with your instructions, including but not limited to, negotiation of matters with third parties on your behalf, obtain contracts and other information to progress your file with this firm, making payments to third parties, resolving any queries or discrepencies. Calls to us and communication to our landlines are recorded by way of memorandum and retained on file
– Manage and maintain our relationship with you as an existing and future client. This may involve sharing of your personal information with colleagues within the law firm to ensure and improve availability of services.
– Communicate with you in relation to the services we provide for you.
– Communicate with third parties to a transaction on your instructions

B. Legal Obligation
When you consult with us requesting services (and throughout your business relationship with us) we are required by law to collect and process certain personal information about you. Please note that if you do not agree to provide us with the requested information, it may not be possible for us to provide services to you and furthermore we may not be in a position to assist you. This may include processing to;

– Confirm your identity
– Validate your Personal Public Service Number (PPSN) or Tax Reference Number (TRN)
– Perform checks and monitor transactions for the purpose of preventing and detecting crime and to comply with laws relating to money laundering, fraud, and corruption.
– We may be required to process information about criminal convictions and offences, to investigate and gather intelligence on suspected financial crimes, fraud and threats and to share data with law enforcement and regulatory bodies
– Share data with banks, other solicitors, barristers and other third parties to assist in providing services to you.
– Share data with An Garda Siochana, law enforcement, tax authorities and other government agencies where we have a legal obligation to do so, including the production of data and compliance with Court Orders
– Deliver mandatory communications to clients and for an on behalf of clients relating to the services being provided
– Investigate and resolve complaints
– Conduct investigations into breaches of conduct and governance policies by employees
– Manage contentious regulatory matters, investigations and litigation
– Investigate and report on incidents or emergencies which occurred at our premises
– Retention of Information as required by Regulations

B. Legitimate Interests
We may process your information where it is in our legitimate interests to do so as an organisation and without prejudicing your interest or fundamental rights and freedoms.

(a) We may process your information in the day to day running of our business, to manage our business and financial affairs and to protect our clients, employees and property. This may involve disclosure of personal data to third parties such as barristers, experts and regulators, where required by law and where it is necessary to administer our working relationship with you and where we have a legitimate interest in doing so.

(b) It is in both of our interests to ensure that our processors and systems operate effectively and that we can continue to operate as a business. This may include processing your information to:

(i) Monitor, maintain and improve internal business processes, information and data, technology and communication solutions and services;
(ii) Ensure business continuity and responding to information technology and business incidents and emergencies
(iii) Ensure network and information security, including monitoring unauthorised users access to our information technology for the purpose of preventing cyber-attacks, unauthorised use of our telecommunications systems and websites, prevention or detection of crime and protection of your personal data
(iv) Provide assurance on our material risks and reporting to internal management and supervisory authorities
(v) Perform general, legal, financial and regulatory reporting
(vi) Protect our legal rights and interests
(vii) Enable a sale, transfer, financial arrangement, asset disposal or any other transaction relating to our business where information may be shared with any relevant third party

(c) It is in both of our interests to ensure that we provide you with the most appropriate service and that we continually develop and improve. This may require processing of your information to enable us to;

(i) Identify new business opportunities and develop enquiries and leads into applications or proposals for new business or to develop are relationship with you.
(ii) Send you relevant material which we believe may be of importance to you for example, changes to regulations that impact on you.
(iii) Monitor the performance and effectiveness of our service
(iv) Perform analysis on the complaints of clients for the purpose of preventing errors and process failures

10. Amendments to this statement

We reserve the right to change our privacy statement at any time. Any changes will be posted on our website. When you use our website after any such change you will be deemed to have consented to the current version of the privacy statement and accordingly we would recommend that you check the privacy statement from time to time.

11. Contact Us

If you have any questions or concerns regarding how your personal data is processed by us then please do not hesitate to contact us at info@lacywalsh.ie or telephone our offices at 01-662 4810. Alternatively you can write to us at 26 Fitzwilliam Square, Dublin 2

Last Updated May 2018