STEPHEN MURRAY & CO – PRIVACY POLICY
Introduction
Welcome to Stephen Murray & Co (incorporating Penzer & Co).
Stephen Murray & Co (incorporating Penzer & Co), respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tells you about your privacy rights and how the law protects you.
Please use the Glossary to understand the meaning of some of the terms used in this privacy notice.
1 Important information and who we are
Purpose of this privacy notice
This privacy notice aims to give you information on how Stephen Murray & Co (incorporating Penzer & Co) collects and processes your personal data through your use of this website or otherwise including any data you may provide through the website or otherwise when you sign up to our newsletter, instruct us in a legal matter or otherwise interact with us.
This website is not intended for children and we do not knowingly collect data relating to children.
It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.
Controller
Stephen Murray & Co., (incorporating Penzer & Co) is the controller and responsible for your personal date (collectively referred to as Stephen Murray & Co “we”, “us” or “our” in this privacy notice).
We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this privacy notice if you have any questions about this privacy notice, including any requests to exercise your legal rights (explained below), please contact the DPO using the details set out below.
Contact details
Our full details are:
Full name of legal entity: Stephen Murray & Co., (incorporating Penzer & Co)
Name and Title of current DPO: Nigel Penzer
Email address: [email protected]
Postal address: 13, Medway Parade, Perivale, Middlesex UB6 8HN
You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
Your duty to inform us of changes
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
Third-party links
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website we encourage you to read the privacy notice of every website you visit.
2 The date we collect about you
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:
- Identity Data includes first name, maiden name, last name, marital status, title, date of birth and gender.
- Contact Data includes billing address, home address, email address and telephone numbers.
- Financial Data includes bank account and payment card details.
- Transaction Data includes details about payments to and from you and other details of services you have purchased from us
- Technical Data includes internet protocol (IP) address, 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.
- Profile Data includes your interests, preferences, feedback and survey responses.
- Usage Date includes information about how you use our website, products and services.
- Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However if we combine or connect Aggregated Data with your personal date so that it can directly or indirectly identity you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
We do not collect any Special Categories of Personal Data about you through our website (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), nor do we collect any information about criminal convictions and offences. However we may sometimes collect special categories of personal data if it is relevant for the purposes of the work you have asked us to carry out or where it is required to enable us to perform our services in a particular legal case on which you instruct us.
If you fail to provide personal data
Where we need to collect person data by law, or under the terms of an engagement or contract we have with you and you fail to provide that data when requested, we may not be able to perform the engagement or 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 a service you have with us but we will notify you if this is the case at the time.
3 How is your personal data collected?
We use different methods to collect data from and about you including through:
- Direct Interactions. You may give us your identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
- enquire about or ask us to provide our services;
- subscribe to our services or publications;
- request marketing to be sent to you;
- enter a competition, promotion or survey; or
- give us some feedback
- Automated technologies or interactions. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing, actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit our websites employing our cookies.
- Third parties or publicity available sources. We may receive personal data about you from various reputable third parties and public sources as set out below.
- Technical Data from the following parties:
- Analytics providers (such as Google based outside the EU and Canddi based inside the EU); and
- Our website hosts and IT support providers (based inside the EU
- Contact, Financial and Transactions Data from providers of technical payments and delivery services (such as National Westminster Bank plc based inside the EU).
- Identity and Contact Data from data brokers or aggregators (such as Experian based inside the EU).
- Identity and Contact Data from publicly available sources (such as Companies House, HM Land Registry and the Electoral Register based inside the EU)
-
How we use your personal data
We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances;
- Where we need to perform the contract or engagement we are about to enter into or have entered into with you.
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
- Where we need to comply with a legal or regulatory obligation.
Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time.
Purposes for which we will use your personal data
We have set out below, in a table format, a description of all the ways we plan to use your personal data and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.
Purpose/Activity Type of data Lawful basis for processing
including basis of legitimate interest
To register you as a new (a) Identity (a) Performance of a contract or
client engagement with you
(b) Contact (b) Necessary to comply with a legal obligation (to verify
your identity, date of birth
and to assist in preventing
money laundering
___________________________________________________________________________
To process and deliver (a) Identity (a) Performance of a contract
services you have with you
requested including: (b) Contact (b) Necessary for our legitimate
interests (to recover debts due
(a) Manage payments fees to us)
and charges (c) Financial
(d) Transaction
(b) Collect and recover (b) Necessary to comply with a
money owed to us legal obligation (to assist in
preventing money
laundering
(c) Storing your matter (e) Marketing and
file for the period Communications
required by law
To manage our (a) Identity (a) Performance of a contract
relationship with you with you
which will include
(b) Contact (b) Necessary to comply with a
legal obligation
(a) Notifying you
about changes in our (c) Profiles (c) Necessary for our legitimate
terms or privacy policy interests (to keep our records
updated and to study how
(b) Asking you to leave (d) Marketing customers use our products/
a review or take a survey and Communications services)
To enable you to partake (a) Identity (a) Performance of a contract
in a prize draw with you
competition or complete
a survey (b) Contact (b) Necessary for our legitimate
interests (to study how
(c) Profile customers use our products/
services, to develop them and
(d) Usage grow our business
(e) Marketing and
Communications
To administer and (a) Identity (a) Necessary for our legitimate
protect our business interests (for running our
and this website (b) Contact business, provision of
(including troubleshooting, administration and IT
data analysis, testing, (c) Technical services, network security, to
system maintenance, prevent fraud and in the support, reporting and context of a business
hosting of data) reorganisation or group
restructuring exercise)
(b) Necessary to comply with a legal obligation
___________________________________________________________________________
To deliver relevant (a) Identity Necessary for our legitimate
website content to you interests (to study how
and measure or understand (b) Contact customers use our products/
the effectiveness of the services, to develop them, to
advertising we serve to (c) Profile grow our business and to
you inform our marketing (d) Usage strategy)
(e) Marketing and
Communications
(f) Technical
To use data analytics to (a) Technical Necessary for our legitimate
improve our website, interests (to define types of
services, marketing, (b) Usage customers for our products
customer relationships and services, to keep our
and experiences website updated and relevant,
to develop our business and to
inform our marketing strategy)
To make suggestions and (a) Identity Necessary for our legitimate
recommendations to you interests (to develop our products
about goods or (b) Contact /services and grow our business)
services that may be of
interest to you (c) Technical
(d) Usage
(e) Profile
Marketing
From time to time we may use any of the information you submit to us, including personal data to provide you with marketing information about Stephen Murray & Co and our services subject to your consent.
Third-party marketing
We will obtain your express opt-in consent before we share your personal data with any external company for marketing purposes.
Opting out
You can ask us or third parties to stop sending you marketing messages at any time by logging into the website and checking or unchecking relevant boxes to adjust your marketing preferences or by following the opt-out links on any marketing message sent to you or by contacting us at any time.
Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a service purchase, service experience or other transaction.
Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
- Disclosures of your personal data
We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.
- Internal third Parties as set out in the Glossary
- External Third Party as set out in the Glossary
- Specific third parties listed in the table in paragraph 4 above.
- Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
- International transfers
We do not transfer your personal data outside the European Economic Area (EEA) unless required in connection with a legal matter we are conducting on your behalf and only then with your express consent.
Please email us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
- Automated decision making
We do not currently use systems for automated decision making in relation to your personal data.
- Data security
We have put in place appropriate security measures to prevent your personal date 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.
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.
- Data retention
How long will you use my personal data for?
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data of clients and contacts, 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 requirements.
By law we have to keep basic information about our clients (including Contact, identity, Financial and Transaction Data) for six years after they cease being clients for tax purposes. In other instances we have a legal obligation to retain personal data in relation to work we have done on your behalf for lengths of time appropriate to the type of work carried out or services provided.
In some circumstances you can ask us to delete your data: see request erasure below for further information.
In some circumstances 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.
- Your legal rights
Under certain circumstances, you have rights under data protection laws in relation to your personal data detailed below.
Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need to establish; exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We will provide to you; or a third party you have chosen; your personal data in a structured, commonly used, machine-readable format.
Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
If you wish to exercise any of the rights set out above please contact us.
No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively we may refuse to comply with your request in these circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
Glossary
LAWFUL BASIS
Legitimate Interest means 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 ensure consider and balance any potential impact on you and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
THIRD PARTIES
External Third Parties
- Service providers acting as processors based in the EEA who provide IT and system administration services.
- Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based abroad who provide consultancy, banking, legal, insurance and accounting services where necessary to support the services we are providing to you.
- HM Revenue & Customs, HM Land Registry, Companies House and regulators and other authorities acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances.
- Law enforcement agencies if required by applicable law.
- Experian Limited (or other reputable credit reference agency)