Privacy Notice - Equine Law Matters

Kitson & Trotman LLP takes your privacy very seriously and is committed to collecting only the minimum information necessary and processing1 it securely. We want you to know and be in control of how and why your personal information is used by us. If you have any queries or would like further information just ask. Please note we are not responsible for any third parties with whom your data is shared. You should receive a similar privacy notice from them which will tell you how they handle your data.

This particular Privacy Notice tells you this information, in general terms, when you contact us about a equine law matter. It also tells you your Data Protection Rights and how you can exercise them.

As well as collecting personal information from you, we may receive information about you direct from another party too. In such cases, and where it is lawful, appropriate, practicable, and proportionate to do so, we will make you aware that such information has been provided and give you the relevant details including the source.

If you provide us with personal information about another person, in some cases, we may have to tell them we hold this information, and provide them with a Privacy Notice too. Please let us know, at the time, if informing them in this way is likely to cause you any problems or difficulties.

If you want more specific information about how your personal data has been processed including with whom it has been shared, then please let us know using the contact details below. Our full privacy notice will be on our website which can be found at https://kitsonandtrotman.co.uk or https://ktlaw.co.uk.

1: 'processing' means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction

1. Our Contact Details for Data Protection Matters

Kitson & Trotman is the Controller, under data protection law, for all the personal information about you that it processes, unless otherwise stated.  Data protection and privacy matters are handled by our Compliance Officer for Legal Practice (COLP) who can be contacted in the following ways: 

2. What Personal Information We Collect and Why

Type of personal information obtainedReason for collectionLegal basis for collectingWhy it may be sharedComment
Your name and address and contact details

 To be able to: -

  • contact you about the matter in hand or other matters where it is necessary to get in touch with you;
  • confirm your identity and carry out necessary checks to comply with legal requirements such as anti-money laundering checks;
  • open your file and to ensure efficient office procedures, record keeping, payments tracking etc.;
  • to enable the preparation and completion of documents within your case;
  • Verify and check that we have your correct details or can gather/provide other important information about you and the case(s) with which we are helping;
  • To comply with the requirements of the Civil Procedure Rules (if the matter might come to court)
  • Necessary for our contract with you or to take steps at your request before you entered a contract with us;
  • Legitimate interest of our business in ensuring accurate records, billing, to prevent fraud, auditing, good governance, marketing, research etc;
  • To meet any legal obligations placed on us as a controller of data e.g. to prevent money laundering; to counter fraud and to meet professional standards etc. as well as to comply with the rules and requirements of Her Majesty’s Courts & Tribunal Service (HMCTS) and other agencies;
  • Where we have your consent or where necessary your explicit consent

Details shared, as necessary, with the other party’s legal advisers and such others – please see the list under section 3 - to progress your matter or to meet our legal obligations or to meet business needs e.g. when we process a payment to/from you or when we file documents at Court.

We may also share it where you ask us to do so.

 

It is your choice as to what additional contact details you provide but we will always need one of either telephone, mobile telephone or email.

We will require your full name and address to enable us to carry out our contract with you and meet our legal obligations.

Consent may be withdrawn but it will not affect the legality of the actions taken before the withdrawal.

 
Photos or other visual or digital data or physical descriptions which might be treated as personal data As necessary for ID purposes or to progress the matter for which we have been instructed   As above, but see details below about Special Category Data As above For example, keeping a copy of your passport or driving licence as evidence of ID

Your Date of Birth (DOB) and National Insurance Number (NI No).

Details of any other person(s) involved in the matter

All of the above as relevant and as necessary for your case

To complete the necessary documents within your case (which in some cases might be court documents). As above As above The details of the horse would not amount to personal information but would still be required depending upon the nature of the matter. 
Other personal information not listed above but relevant to your case The reasons will be explained at the time if necessary providing it is lawful and reasonable to do so As above, but may also be another legal basis which would be provided at the time if it is lawful to do so As above, but may also be shared with someone outside the list provided below where necessary and appropriate. Details to be provided at the time if it is lawful to do so Such legal forms or other documents as the case requirements 
Bank Details and your financial details
  • Necessary to allow secure payments from/to you;
  • to identify payments/receipts in our records;
  • for audit purposes;
  • to carry out required checks and screening for financial reasons and other sanctions or embargoes;
  • to ensure that we transfer funds to the correct destinations
  • to complete documents within your case and
  • to complete financial disclosure where relevant.
As above As above To complete Form E and Form D81 and generally deal with the Family Procedure Rules relevant to your case
Certain information classed as special category data - see below - as required in your case Depending upon your case we may need to gather sensitive information and the precise reasons for this collection would be explained at the time unless they are self-evident
  • That it is necessary for the establshment, exercise or defence of your legal claims
  • With your explicit consent;
  • If it is in your vital interests or that of a third party and you are incapable of giving your consent
As above We aim to keep the use of such information to a minimum and usually the need for such information would be obvious. If you would like more information on this matter, please let us know.

We will tell you if providing some personal data is optional including if we need your consent to use it. Where the legal basis for processing your personal information is, solely, your consent then you may withdraw that consent at any time by letting us know. Where providing personal information is a statutory or contractual requirement, or essential to progress the matter in hand, then, we will explain the consequence of failing to provide the information requested, so you can make an informed decision. Please note that any actions we may have taken before your consent was withdrawn will remain valid.

Where we use sensitive personal information which is classed as Special Category Data (this is information about your racial or ethnic origin, political opinions, religious or philosophical beliefs, any trade union membership, health or sex life or sexual orientation) it must be lawful to do so and necessary to the matter with which we are dealing.

Please see our general privacy policy, which is on our website, for general information about our use of personal data (including that entered on our website) and why our website uses 'cookies'2.

2: Cookies are small files which are stored on a user's computer. They are designed to hold a modest amount of data specific to a particular client and website, and can be accessed either by the web server or the client computer. This allows the server to deliver a page tailored to a particular user, or the page itself can contain some script which is aware of the data in the cookie and so is able to carry information from one visit to the website (or related site) to the next.

3. Sharing your personal data

Your information may be shared, internally, as necessary, so we can manage the matter in question efficiently and for our own legitimate business purposes. We will never sell your personal data to a third party but it is often necessary to disclose your personal data to others, such as other professional, regulatory or statutory bodies, when we:

Where we use another service provider to provide services to us, e.g. IT or internet providers and that involves the processing of your personal data, we take reasonable steps to ensure that such data is processed in line with the relevant law; and, where necessary, is subject to a legal agreement containing suitable security measures.

The list below should not be seen as definitive but will give a flavour of the sharing that normally occurs for your type of matter.

4. Overseas Transfers

In the normal course of business, we do not transfer your personal data overseas unless:

We take reasonable care to ensure that such transfers are secure. Where we become aware that any information has been or is to be transferred overseas, other than as is set out above, we will inform you and give you more details of the security measures in place to protect it, provided it is lawful and proportionate to do so.

5. Retention of your Personal Data

We will retain some of your personal data while you are our client, so we have a full picture of your legal needs and requirements and can offer you the best possible legal advice, and also can tell you about any special offers or events we may be holding (see below under Marketing).

Once we have completed your matter, we will be entitled to retain all your papers and documents while there is still money outstanding on your account, otherwise, we will retain the documents in your file for 6 years after its closure. We may, then, destroy, securely, such personal information unless you have asked us, in writing (including email), either to return the file to you or to keep the papers in safe custody for you.

Where you want the file returned to you, please note we may need to remove some items before returning e.g. items containing the personal data of another person or information given to us in confidence. Where you ask us to keep the file in safe custody, we will inform you in writing if we are no longer able to offer this service so you can make other arrangements.

6. Your Data Protection Rights

Your rights in law are listed below. Please let us know - see section 1 above - if you want more information or if you wish to exercise any of your rights. Please note that not all the rights apply in all circumstances. Please see the UK Information Commissioner’s Office website at www.ico.org.uk for more details

7. Marketing

If you are an existing client, we may contact you about other products, services or special events we think might be of interest to you. Please let us know if you would rather not receive such information or if you wish to express a preference as to the type of information we send or how it is sent by contacting us as shown above in Section 1.

If you register with us through our website or become a new client, then, at that point, we will invite you to ‘opt into’ such marketing and ask you about your preferences and let you know the choices available. You can change your mind about receiving any or all of such items or your preferred method of contact, at any point, by just letting us know and we will make the change as soon as possible. If you change your mind at a later date, just follow the same procedure.

8. How we protect your information

We use reasonable and proportionate measures to safeguard your personal information such as raising staff awareness to the risks of holding data/information and encryption of the information, where available and appropriate. You should be aware, however, that the use of the Internet e.g. via email or a website, is not secure and, for this reason, although we take reasonable steps to protect the information we send you, we cannot guarantee its security. Any information you choose to send to us via the Internet is at your own risk.

In addition, we have no control over the privacy practices of any of the persons, companies or bodies etc. with whom it is necessary to share your information. We will take reasonable steps, however, to ensure any transfer of data from us is reasonably secure.

In line with good practice, we back up the data that we hold electronically, to prevent its inadvertent loss e.g. through a power outage during thunder storms. The store is ‘in the cloud’ however the ‘cloud’ is based in the European Economic Area (EEA) and conforms to the required security standards or otherwise meets EU adequacy requirements.

9. Complaints about how we handle your information

We do hope you will be happy with our service but if not please do let us know so we have a chance to investigate and put things right; we want to learn from the feedback we receive.

If you believe that we have breached your privacy rights, please tell us by contacting Compliance Officer using the details set out in section 1 above. If you are not happy with our response, you can contact the UK Information Commissioner, who regulates and enforces data protection and privacy law in the UK, you can find her details at www.ico.org.uk or ask us.

10. Changes to this privacy notice

We will amend this privacy notice from time to time to make sure it is up to date and accurately reflects how and why we use your personal information. Please let us know if you have any queries or spot any mistakes.

 
The Champions
Beaminster, Dorset DT8 3AN
Mon-Thurs 9am - 5:30pm / Fri 9am - 5pm
t: 01308 862313
f: 01308 862033
e: beaminster@ktlaw.co.uk
9 Chancery Lane
Bridport, Dorset DT6 3PX
Mon-Thurs 9am - 5:30pm / Fri 9am - 5pm
t: 01308 427436
f: 01308 420335
e: bridport@ktlaw.co.uk
57/58 Broad Street
Lyme Regis, Dorset DT7 3QF
Mon-Thurs 9am - 5:30pm / Fri 9am - 5pm
t: 01297 442580
f: 01297 444810
e: lymeregis@ktlaw.co.uk
5 St Albans Chambers
St Alban Street, Weymouth, Dorset DT4 8PY
Mon-Thurs 9am - 5:30pm / Fri 9am - 5pm
t: 01305 341400
f: 01305 767644
e: s.jones@ktlaw.co.uk / jjudkins@ktlaw.co.uk
 

Authorised and regulated by the Solicitors Regulation Authority (SRA number 634822)
Kitson & Trotman Est. 1756