This privacy notice explains how Midwinters Solicitors (“we”) use any personal information we collect about you.

Who are we?

Midwinters Solicitors are a partnership in England and Wales and is a “controller” under the General Data Protection Regulations (“GDPR”) under the Data Protection Act  2018.

What data will we collect?

We will only collect information from you that is relevant to the matter we are dealing with. In particular we may collect the following information from you which is defined as personal detail:

  • Personal details;
  • Family lifestyle and social circumstances;
  • Financial details; and
  • Business activities of the person whose details we are processing.

We may also collect information that is referred to as being in “a special category”, this could include:

  • Physical or mental health details;
  • Racial or ethnic origins;
  • Religious beliefs or other beliefs of a similar nature;
  • Criminal convictions; and
  • Sexual orientation.

The basis on which we process your personal data is one or more of the following:

  • It is necessary for the performance of our contract with you;
  • It is necessary for us to comply with a legal obligation;
  • It is in our legitimate interest to do so;
  • You have given us your consent (this can be withdrawn at any time by advising our Data Protection Officer).

How will we use your data?

We may use your information for the following purposes:

  • Provision of legal services including advising and acting on behalf of clients;
  • Promotion of our goods and services;
  • Provision of education and training to staff and clients;
  • Maintaining accounts and records; and
  • Supporting and managing staff.

Who will we share your information with?

Under our Code of Conduct there are very strict rules about who we can share your information with and this will normally be limited to other people who will assist with your matter. This may include:

  • Barristers;
  • Medical experts;
  • Private investigators;
  • Healthcare professionals, social and welfare organisations; and
  • Courts and tribunals;
  • Our IT providers and service providers in order to provide and maintain the provision of our services;
  • Our appointed auditors, accountants, lawyers and other professional advisers, to the extent that they require access to the information to provide advice;
  • Fraud prevention agencies and other organisations to allow us to undertake the relevant checks;
  • The Financial Conduct Authority, the Information Commissioner’s Office, or any relevant regulatory authority where they are entitled to require disclosure;
  • If required to do so to meet applicable law, the order of a Court, codes of practice applicable to the circumstances at the time; and
  • Relevant authorities to investigate or prevent fraud or activities believed to be illegal or otherwise in breach of applicable law.

We will not lend or sell your information to third parties.

Your personal information may need to be shared with our service providers, which may involve transferring it to countries outside the European Economic Area (EEA). Where we do so, we will ensure that we do this in accordance with current data protection legislation by only transferring your data to jurisdictions in respect of which there is a European Commission adequacy decision or, where this is not the case, by using model clauses which have been approved by the European Commission.

Where you authorise us we may also disclose your information to your family, associates or representatives and we may also disclose your information to debt collection agencies if you do not pay our bills.

How long will we keep your information for?

We will normally keep your information throughout the period of time that we do work for you and afterwards for a period of minimum of six years as we are required to do by law and also by the regulations that apply to us.

In some case (for example where we have prepared a Will for you) we may retain your information for a longer period and we will advise you of this at the time.

More information is set out in our data retention policy which is available on request from the Data Protection Officer.

Security Arrangements

We shall ensure that all the information that you provide to us is kept secure using appropriate technical and organisational measures.

In the event of a personal data breach we have in place procedures to ensure that the effects of such a breach are minimised and shall liaise with the Information Commissioners Office and with you as appropriate.

More information is available from the Data Protection Officer.

Internet communication, which includes email, is not secure. The protection of data by encryption is possible provided that the encryption method (protocol) used is current and the correct procedure for encryption and decryption is followed at all times. We cannot accept any responsibility for unauthorised access by a third party or for the loss, theft or modification of data while it is being sent to us by email. For security purposes we may monitor emails received or issued by us.

What rights do you have?

  • You have the right to see the information we hold about you.
  • To access this you will need to provide a request in writing to our Data Protection Officer together with proof of identity.
  • We usually process your request free of charge and within 30 days however we reserve the right to charge a reasonable administration fee and to extend the period of time by a further two months if the request if manifestly unfounded or vexatious and/or is very complex.
  • Full details are available in our data subject access policy which is available on request from the Data Protection Officer.
  • You have a right to ask us to erase your personal data in certain cases (details may be found in Article 17 of the GDPR).
  • We will deal with your request free of charge and within 30 days but reserve the right to refuse to erase information that we are required to retain by law or regulation, or that is required to exercise or defend legal claims.
  • To exercise your right to erasure please contact the Data Protection Officer.

We will endeavour to keep your information accurate however it at any time after giving us this information it becomes out of date, then we ask you to notify us directly and we shall remove or amend the information within a reasonable time frame and in accordance with legislative requirements.

How to contact us

If you have any questions about our Privacy Notice of the information we hold about you please contact us at:

DPO@midwinters.co.uk or by post at the address below:

Data Protection Officer

Midwinters Solicitors

1-3 Crescent Place

Cheltenham, Glos GL50 3PJ

If you are unhappy about how we are using your information or how we have responded to your request then initially you should contact the Data Protection Officer set out above.

If your complaint remains unresolved then you can contact the Information Commissioner’s Office, details available at www.ico.org.uk

Change to our Privacy Notice

We keep our Privacy Notice under regular review. This Privacy Notice was last updated in May 2018. We reserve the right to update this Privacy Notice at any time and will advise you when we make any substantial update to it.