Privacy notice

2.1 If you want to request more information about our privacy notice or information regarding data protection you should contact us using the details provided below:

FAO: Head of Privacy
Francis Clark LLP,
Sigma House,
Oak View Close,
Edginswell,
Torquay TQ2 7FF
United Kingdom

Email:              [email protected]

Telephone:      01803 320100 and ask to speak to the Privacy Officer.

2.2  If you are in the EU, we have appointed DataRep as our EU Representative in accordance with Article 27 GDPR to act on our behalf if and when we undertake data processing activities to which article 3(2) of GDPR applies.

If you are in the EU and have an inquiry for Francis Clark LLP regarding your personal data you may contact us through Datarep by:

• Sending an email to DataRep at [email protected] quoting <Francis Clark LLP> in the subject line; or

• Contact via the online webform at datarep.com/data-request; or

• Mailing your inquiry to DataRep at the most convenient of the addresses found here

3.1 The personal data we collect and process will include identity, contact, transactional, technical, profile, usage and marketing and communications data such as:

3.1.1 Identity Data includes first name, last name, title or other identifier (such as job title), marital status, date of birth, gender and images. We will also process documentary details from you such as a driving licence, passport or birth certificate, and data in order to comply with our obligations under identification, money laundering and anti-terrorism legislation.

3.1.2 Contact Data includes billing address, email addresses and telephone numbers.

3.1.3 Transaction Data includes details about services you have purchased from us or your visits to our premises.

3.1.4 Financial Data includes bank account and payment card details, tax affairs, payroll information.

3.1.5 Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.

3.1.6 Profile Data includes your username and password, purchases or orders made by you, your interests, preferences (including details about your personal likes and dislikes as identified during your visits to our premises), feedback and survey responses.

3.1.7 Usage Data includes information about how you use our website, products and services.

3.1.8 Marketing and Communications data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

3.1.9 CCTV we operate closed circuit television (CCTV) to provide security for staff, visitors and property. We may, where appropriate, also process this data for the prevention of crime. When visiting any of our premises we will make you aware that CCTV is in operation. Please contact us if you require further information.

Please note that we may collect and/or process other personal data from time to time.

3.2 We may collect Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data).

3.3 We may also collect information about criminal convictions and offences.

3.4 We also collect, use, and share aggregated data, such as statistical or demographic data for any purpose. Aggregated data could be derived from your personal data but is not considered to be personal data in law as it will not directly or indirectly reveal your identity. For example, we may aggregate your usage data to calculate a percentage of users accessing a specific feature of our services. However, if we combine or connect your aggregated data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used solely in accordance with this notice.

4.1 We use different methods to collect data from and about you including through:

4.1.1 Direct interactions. You may give us your Identity, Contact, Profile and Financial Data by filling in forms or by corresponding with us by post, phone, messaging service, email or otherwise. This includes personal data you provide when you:

(a) apply for our services;

(b) through engagement of our services;

(c) create an account on our website;

(d) via communications, including email, post, telephone, and social media;

(e) networking;

(f) request marketing to be sent to you

(g) enter a promotion or survey; or

(h) give us feedback or contact us.

4.1.2 Automated technologies or interactions. As you interact with our website, we may collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies. Please see our cookie policy for further details.

4.1.3 Third parties or publicly available sources. We may obtain personal data about you from various third parties and public sources as set out below:

(a) Contact, Financial and Transaction Data from providers of technical, or payment services.

(b) Identity and Contact Data from data brokers or aggregators, including trade organisations or exhibition organisers.

(c) Identity and Contact Data from publicly available sources such as Companies House.

5.1 Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with our services). In this case, we may have to cancel all or part of a service you have with us but we will notify you if this is the case at the time.

6.1 We use information held about you to:

6.1.1 carry out our obligations arising from any contracts entered into between you and us and provide our services, including any third-party services we make available to you;

6.1.2 carry out feedback and research on our services;

6.1.3 notify you about changes to our services; and

6.1.4 where technical data processing is consented to, we may retarget marketing to you via social media.

6.2 We never sell your data to third parties.

6.3 We share your information within the FC Group for administration purposes, to develop ways to meet your needs and to carry out marketing activities.
Your information will be retained within the FC Group except where disclosure is required or permitted by law or when we use third party service providers
(data processors) to supply and support our services to you.

6.4 We share your data with third parties where there is a legal obligation for us to do so or we have identified a valid lawful basis as set out in the table below (please also see clause 7 below). We may process your personal data without your knowledge or consent where this is required or permitted by law.

7.1 We only process your data (which may include providing it to a third party) where we have identified a valid lawful basis to do so. These are as follows:

7.1.1 Contractual obligation – means processing that is necessary to comply with our obligations arising out of a contract, for example, where you have bought services from us we will use the personal data you provide to fulfil our contractual obligations .

7.1.2 Legitimate Interest – means in the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. Where we rely on legitimate interests, we will make a record of our decision making. When we rely on legitimate interest for the processing of your personal data, it will not, in our opinion, affect your rights or freedoms and is proportionate to our interests e.g. keeping you up to date with our latest services or obtaining your feedback on our service.

7.1.3 Consent – We will seek to obtain your consent to process:

(a) your data outside our contractual obligations (see above) unless we have identified a Legitimate Interest (see above); and

(b) any special category data.

7.1.4 Legal obligation – We may process your data where we it is necessary for us to do so to comply with the law.

8.1 We will keep your information within the organisation except where disclosure is required or permitted by law or when we use third party service providers (data processors). We have contracts in place with our data processors. This means that they should process your personal data only in accordance with our instructions (or where they have a legal obligation to so).

8.2 Please see below the list which sets out categories of recipients of personal data.

Examples of types of service providers that may receive your personal data

IT support services

Email provider

Cloud accounting and payroll providers

Website provider

Secure document disposal service

Banks

HMRC

Online payment providers

Accountants

Insurers

Solicitors

Software Providers

Feedback aggregators and collectors

Couriers

Marketing and research agencies

9.1 We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you.

9.2 You may receive marketing communications from us if you have requested information from us or purchased services from us and you have not opted out of receiving that marketing.

9.3 We strive to provide you with choices regarding certain personal data uses, namely around marketing and advertising. In particular:

9.3.1 We will always obtain your express opt-in consent before we share your personal data with any third party to market to you; and

9.3.2 You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to your or by contacting us at any time.

10.1 Your data is stored by us and our processors in the UK or the European Economic Area (EEA). However, several of our external third parties are based outside EEA. Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented. We will either:

10.1.1 transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission or Information Commissioners Office (or other appropriate authority); or

10.1.2 ensure that standard contractual clauses (SCCs) or equivalent are in place and we have received assurances that an adequate level of protection of the personal data is achieved (based on a case by case assessment of the circumstances of the transfer), including adequate technical and operational measures in place to protect the personal data.

10.2 Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of UK or the EEA.

11.1 We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used, or accessed in an unauthorised way, altered, or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

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

12.1 We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

12.2 To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

12.3 By law we have to keep certain information about our clients (including Contact, Identity, Financial and Transaction Data) for minimum of 6 years after they cease being clients.

12.4 In some circumstances you can ask us to delete your data (see below for further information).

12.5 We may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you. Please see clause 3.4.

13.1 Under the data protection laws your rights are:

13.1.1 To be informed –This privacy notice (sometimes referred to as a privacy policy) provides information about the processing of your data and your rights.

13.1.2 Access – You are entitled to know what details we hold about you and why. We strive to be as open as we can be in terms of giving people access to their personal data. You can find out if we hold any of their personal data by making a formal request under the data protection laws. Such requests should be made using the contact details provided in this notice. If we do not hold information about you we will confirm this in writing at the earliest opportunity. If we do hold your personal data we will respond in writing. Our response will:

(a) confirm that your data is being processed;

(b) verify the lawfulness and the purpose of the processing;

(c) confirm the categories of personal data being processed;

(d) confirm the type of recipient to whom the personal data have been or will be disclosed; and

(e) let you have a copy of the data in format we deem suitable or as reasonably required by you.

13.1.3 Rectification – We are obliged to correct or update your details. We will correct or update your data without delay provided you make the request in writing to the contact details provided in this notice, clearly specifying which data is incorrect or out of date.

13.1.4 Erasure – This is also known as the right to be forgotten. Under Data Protection Laws you have the right to require us to erase your personal data under specific circumstances. A request for your personal data to be deleted will be decided on a case by case basis and should be submitted in writing to the contact details provided in this notice.

13.1.5 Restrict processing – You have the right to ‘block’ or suppress the processing by us of your personal data.

13.1.6 Portability – You have the right to obtain the personal data that you have provided to us in a commonly used machine-readable format and reuse it with a different provider.

13.1.7 Object – You have the right to object to us processing your data in certain circumstances. You have an absolute right to stop your data being used for direct marketing, but in other circumstances we may still be allowed (or required) to process your personal data if we can show you that we have a compelling reason for doing so.

13.1.8 Rights in relation to automatic decision making and profiling – you have the right to reject to any automated decision making or profiling conducted or applied to your personal data.

13.1.9 Withdraw consent – Where you have given us consent to process your personal data, you can withdraw that consent at any time either by contacting us using the details set out in this notice, or by following the opt-out links in electronic messages where relevant. We do not penalise individuals who wish to withdraw consent and we act on withdrawals of consent as soon as we can.

13.2 Please note that you may need to provide identification in order to prove who you are if you wish to invoke any of your rights as provided by the Data Protection Laws and as summarised above.

13.3 If you agree, we will try to deal with your request informally, for example by providing you with the specific information you need over the telephone.

13.4 You have the right to complain about the processing of your personal data. In the first instance please contact us using the details provided above. You also have the right to complain to the Information Commissioners Office (ico.org.uk).