Privacy Policy

This privacy notice contains information about the information collected, stored and otherwise processed about you and the reasons for the processing. It also tells you who New Court Solicitors shares this information with, the security mechanisms New Court Solicitors has put in place to protect your information and how to contact New Court Solicitors in the event you need further information.

New Court Solicitors take the privacy and confidentiality of our clients, potential clients, ex-clients and their affiliates very seriously and we are committed to protecting it. We collect, use and are responsible for personal information about you. When New Court Solicitors does this it is the 'controller' of this information for the purposes of the GDPR and the Data Protection Act 2018.

If you need to contact New Court Solicitors about your information or the processing carried out you can use the contact details at the end of this document.

How New Court Solicitors collects your information

New Court Solicitors collects most of all your personal information directly from you. This may be collected from you by telephone, email or through our website (online query form). The following is the information you provide us with:

1. personal details;

2. business details;

3. services;

4. financial details; and

5. any other personal information relevant to instructions to provide legal services, including information specific to the instructions in question.

The same categories of information may also be obtained from third parties, such as experts, members of the public, barristers, witnesses, courts and other tribunals, suppliers of goods and services, investigators, government departments, regulators, public records and registers.

How New Court Solicitors uses your personal information: Purposes

New Court Solicitors may use your personal information for the following purposes:

i. to facilitate, promote and market the services of New Court Solicitors;

ii. to train staff;

iii. to fulfil equality and diversity and other regulatory requirements;

iv. to procure goods and services;

v. to publish legal judgments and decisions of courts and tribunal;

vi. to respond to potential complaints or make complaint;

vii. to carry out anti-money laundering and terrorist financing checks; and/or

viii. as otherwise required or permitted by law.

Marketing and promotion

In relation to personal information collected for marketing purposes, the personal information consists of:

• names, contact details, and name of organisation (if applicable);

• the nature of your interest in New Court Solicitors ' marketing;

• and your attendance at New Court Solicitors events.

This will be processed so that you can be provided with information about New Court Solicitors and the Fee Earners and to invite you to events.

You may contact New Court Solicitors using the contact details at the end of this document if you no longer wish to receive such invitations or information.

The legal basis for processing your personal information

New Court Solicitors relies on the following as the lawful bases to collect and use your personal information:

• If you have consented to the processing of your personal information, then New Court Solicitors may process your information for the Purposes set out above to the extent to which you have consented to New Court Solicitors doing so ( in which case we shall reply on Article 6(1)(a) of the GDPR)

• In relation to information which is considered to include particularly sensitive information and which include information about criminal convictions or proceedings, New Court Solicitors is entitled by law to process the information where the processing is necessary for legal proceedings, legal advice, or otherwise for the establishment, exercise or defence of legal rights. (Article 9(f) of the GDPR

• In relation to information which is considered to include particularly sensitive information, New Court Solicitors relies on its legitimate interests and/or the legitimate interests of a third party in carrying out the processing for the Purposes set out above. (Article 6(1)(f) of the GDPR).

• In relation to information which is considered to include particularly sensitive information and which include information about criminal convictions or proceedings, New Court Solicitors relies on your consent for any processing for the purposes set out in purposes (i) to (viii) above. However, if you do not consent to processing for the purpose of providing a reference New Court Solicitors will be unable to take or provide a reference. This is because New Court Solicitors needs to be able to retain all information about you to provide an informed and complete reference.

• The processing is necessary for the assessment of your working capacity or health or social care purposes.

• The processing is necessary to prevent or detect unlawful acts where it is in the substantial public interest and it must be carried out without consent so as not to prejudice those purposes.

• In certain circumstances processing may be necessary in order that New Court Solicitors can comply with a legal obligation to which it is subject (including carrying out anti-money laundering or terrorist financing checks).

Who will New Court Solicitors share your personal information with?

It may be necessary to share your information with the following:

• information processors, such as IT support staff, email providers, information storage providers

• in the event of complaints, the Director/Solicitor of New Court Solicitors and staff of New Court Solicitors who deal with complaints, the Solicitors’ Regulation Authority, the Law Society and the Legal Ombudsman

• other regulatory authorities

• current, past or prospective employers or employees

• in the case of recruitment of fee earners to or from other law firms, your current, past and prospective law firms

• education and examining bodies

• legal professionals

• mediation professional practicing consultants

• mediators

• experts and other witnesses

• prosecution authorities

• courts and tribunals

• New Court Solicitors’ staff

• trainee fee earners

• lay and professional clients of staff of New Court Solicitors

• family and associates of the person whose personal information New Court Solicitors is processing

• current, past or prospective employers

• education and examining bodies

• business associates, professional advisers and trade bodies, e.g. the Law Society

• the intended recipient, where you have asked New Court Solicitors to provide a reference

• the general public in relation to the publication of legal judgments and decisions of courts and tribunals.

New Court Solicitors may be required to provide your information to regulators, such as the Solicitors’

Regulation Authority, the Law Society, the Financial Conduct Authority or the Information Commissioner's Office. In the case of the Information Commissioner's Office, there is a risk that your information may lawfully be disclosed by them for the purpose of any other civil or criminal proceedings, without New Court Solicitors' consent or your consent, which includes privileged information.

New Court Solicitors may also be required to disclose your information to the police or intelligence services, where required or permitted by law.

Sources of information

The personal information New Court Solicitors obtains may include information obtained from:

• legal professionals

• mediation professional practicing consultants

• mediators

• experts and other witnesses

• prosecution authorities

• courts and tribunals

• trainee fee earners

• lay and professional clients of members of New Court Solicitors

• family and associates of the person whose personal information New Court Solicitors is processing

• other regulatory authorities

• current, past or prospective employers

• education and examining bodies

• business associates, professional advisers and trade bodies, e.g. the Law Society

• the intended recipient, where you have asked New Court Solicitors to provide a reference.

• the general public in relation to the publication of legal judgments and decisions of courts and tribunals.

• data processors, such as IT support staff, email providers, data storage providers, public sources, such as the press, public registers and law reports.

Transfer of your information outside the European Economic Area (EEA)

This privacy notice is of general application and as such it is not possible to state whether it will be necessary to transfer your information out of the EEA in any particular case or for a reference. However, if you reside outside the EEA or your case or the role for which you require a reference involves persons or organisations or courts and tribunals outside the EEA then it may be necessary to transfer some of your information to that country outside of the EEA for that purpose. If you are in a country outside the EEA or if the instructions you provide come from outside the EEA then it is inevitable that information will be transferred to those countries. If this applies to you and you wish additional precautions to be taken in respect of your information please indicate this immediately.

Some countries and organisations outside the EEA have been assessed by the European Commission and their information protection laws and procedures found to show adequate protection, but most do not. If your information has to be transferred outside the EEA, then it may not have the same protections and you may not have the same rights as you would within the EEA.

New Court Solicitors may transfer your personal information to the following, which are located outside the European Economic Area (EEA):

• cloud information storage services based in the USA who have agreed to comply with the EUU.S. Privacy Shield, in order to enable New Court Solicitors to store your information and/or backup copies of your information so that New Court Solicitors may access your information when they need to. The USA does not have the same information protection laws as the EU but the EU-U.S. Privacy Shield has been recognised by the European Commission as providing adequate protection. To obtain further details of that protection see https://ec.europa.eu/info/law/lawtopic/information-protection/information-transfers-outside-eu/eu-us-privacy-shield_en.

• cloud information storage services based in Switzerland, in order to enable New Court Solicitors to store your information and/or backup copies of your information so that New Court Solicitors may access your information when it needs to. Switzerland does not have the same information protection laws as the EU but has been recognised by the European Commission as providing adequate protection; see https://ec.europa.eu/info/law/law-topic/informationprotection/information-transfers-outside-eu/adequacy-protection-personal-information-non-eucountries_en.

If New Court Solicitors decides to publish a judgment or other decision of a Court or Tribunal containing your information then it may be published to the world.

New Court Solicitors will not otherwise transfer personal information outside the EEA, except as necessary for the conduct of any legal proceedings.

If you would like any further information please use the contact details at the end of this document.

How long will New Court Solicitors store your personal information?

New Court Solicitors will normally store all your information:

• Until the expiry of any relevant limitation period, from the date of the last provision of service or goods or the date of the last payment made or received or the date on which all outstanding payments are written off, whichever is the latest. This is because it may be needed for potential legal proceedings. At this point any further retention will be reviewed and the information will be marked for deletion or marked for retention for a further period. The latter retention period is likely to occur only where the information is needed for legal proceedings, regulatory matters or active complaints. Deletion will be carried out as soon as reasonably practicable after the information is marked for deletion.

• Equality and diversity data may be retained indefinitely in pseudonymised form for the purpose of research and statistics and complying with regulatory obligations in relation to the reporting of equality and diversity data.

• Names and contact details held for marketing purposes will be stored indefinitely or until New Court Solicitors becomes aware or is informed that the individual has ceased to be a potential client.

• Personal information held for recruitment purposes or in relation to work experience or training contracts will be stored indefinitely.

Consent

As explained above, New Court Solicitors is relying on your explicit consent to process your information. You provided this consent when you instructed New Court Solicitors to represent you and we ask you to verify your consent by signing at the foot of this document.

You have the right to withdraw this consent at any time, but this will not affect the lawfulness of any processing activity carried out prior to you withdrawing your consent. However, where New Court Solicitors also relies on other bases for processing your information, you may not be able to prevent processing of your information.

If there is an issue with the processing of your information, please contact New Court Solicitors using the contact details below.

Your Rights

Under the GDPR, you have a number of rights that you can exercise in certain circumstances. These are free of charge. In summary, you may have the right to:

• Ask for access to your personal information and other supplementary information;

• Ask for correction of mistakes in your information or to complete missing information New Court Solicitors holds on you;

• Ask for your personal information to be erased, in certain circumstances;

• Receive a copy of the personal information you have provided to New Court Solicitors or have this information sent to a third party. This will be provided to you or the third party in a structured, commonly used and machine-readable format, e.g. a Word file or in hardcopy format, whichever seems appropriate in the circumstances;

• Object at any time to processing of your personal information for direct marketing;

• Object in certain other situations to the continued processing of your personal information;

• Restrict the processing of your personal information in certain circumstances;

• Request not to be the subject to automated decision-making which produces legal effects that concern you or affects you in a significant way.

If you want more information about your rights under the GDPR please see the Guidance from the Information Commissioners Office on Individual's rights under the GDPR.

If you want to exercise any of these rights, please:

• Use the contact details at the end of this document;

• New Court Solicitors may need to ask you to provide other information so that you can be identified;

• Please provide a contact address so that you can be contacted to request further information to verify your identity;

• Provide proof of your identity and address;

• State the right or rights that you wish to exercise.

New Court Solicitors will respond to you within one month from when it receives your request.

Security

Please be assured that we will keep your personal information confidential and take appropriate measures to protect it against loss, theft or misuse and to safeguard your privacy.

Where you are provided with any confidential information (including a user ID or password), you must not disclose such information to any third party.

Other Websites

This website may contain links to other websites. This Privacy Policy only applies to this website, so please ensure you also read the privacy policy of the other website provider. New Court Solicitors bear no responsibility for the operation, content or policies of other websites.

How to make a complaint?

The GDPR also gives you the right to lodge a complaint with the Information Commissioners' Office if you are in the UK, or with the supervisory authority of the Member State where you work, normally live or where the alleged infringement of information protection laws occurred. For more information about this policy, or if you would like to make a complaint in relation to the way we process your personal information, please contact our data protection officer on djudge@newcourtsolicitors.co.uk. We will endeavour to resolve any issues as soon as possible, however if we are unable to do so to your satisfaction, then The Information Commissioner's Office can be contacted at http://ico.org.uk/concerns.

Future Processing

New Court Solicitors does not intend to process your personal information except for the reasons stated within this privacy notice. If this changes, this privacy notice will be amended and placed on the New Court Solicitors' website. A hardcopy will also be sent to you to read and sign with the changes highlighted for ease of your reference.

Changes to this privacy notice

This privacy notice was published on 19^th February 2020 and has not been updated since.

New Court Solicitors continually reviews its privacy practices and may change this policy from time to time. When it does an amended privacy notice will be on the New Court Solicitors ' website. A hardcopy will also be sent to you to read and sign with the changes highlighted for ease of your reference. We will take your continued use of our services after that date as your acceptance of the change.

Contact Details

If you have any questions about this privacy notice or the information New Court Solicitors holds about you, please contact New Court Solicitors using the contact details below.

The best way to contact New Court Solicitors is to write to:

Ms Dilshad Kaur Judge, New Court Solicitors, 190 North Hyde Lane, Norwood Green, Southall, UB2 5SE.

Email: djudge@newcourtsolicitors.co.uk Tel: 0208 581 4469

Privacy Policy

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