Privacy Policy

Privacy Policy

This Privacy Policy applies to all data we receive from you whether this is obtained in paper form, over the phone or electronically. We will collect and process your personal data when you contact us to make enquires via our website, telephone or email, and/ or when you instruct us to assist you, and during the course of your instruction.  

Kitson Boyce is the controller responsible for your data and will ensure that any data received will be processed in accordance with the principles of the Data Protection Act 2018 and this Policy. 

This Policy sets out how we will use the personal information that we obtain, generate and process. Your personal information will be held and used in accordance with this Privacy Policy.

This Policy may change from time to time to comply with guidance and regulation and should therefore be viewed regularly. This Policy was last reviewed in May 2024.

It is vital that the data we hold on you remains up to date and is accurate, therefore if your personal data changes please do let us know.

Information we collect and process

We may collect information in the course of providing legal services to you or as a result of our day to day dealings with you or any of our clients. We will collect your data in the following ways:

The information we collect may include:

  • Identity data such as – name, address, telephone, email address
  • your occupation and professional history
  • contact data and preferences
  • photograph and image data 
  • financial data 
  • marketing preferences 
  • transactional data 
  • Special category data – such as health, racial, ethnic, religious, sex life and orientation data if it is necessary for us to collect in order to act for you
  • information contained in any documentation which you send to us either in paper or electronic form, or
  • information that we collect, use and process in the course of our business
  • information that you provide to us by completing surveys or entering prize draws.

How we use your personal information

We use your personal information for the following purposes:

  • to set you up as a client 
  • to communicate with you
  • to update you on services and benefits
  • to better understand who uses the website and the pages they access so as to be able to improve the website, and
  • to help us understand your needs and interests and provide you with a better service
  • to manage our business to prevent money laundering and/or terrorist financing
  • for any other legitimate use in the course of our business
  • to enforce or protect our rights.
  • In order to comply with legal obligations

Occasionally, we may also use your information to contact you for market research regarding our services. However, we will only do this if you specifically consent and opt into this service.

The law requires us to have a legal basis for collecting and using your personal data. We rely on one or more of the following legal bases:

  • Performance of a contract with you: Where we need to perform the contract we are about to enter into or have entered into with you.
  • Legitimate interests: We may use your personal data where it is necessary to conduct our business and pursue our legitimate interests, for example to prevent fraud and enable us to give you the best and most secure customer experience. We make sure we consider and balance any potential impact on you and your rights (both positive and negative) 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).
  • Legal obligation: We may use your personal data where it is necessary for compliance with a legal obligation that we are subject to. We will identify the relevant legal obligation when we rely on this legal basis.
  • Consent: We rely on consent only where we have obtained your active agreement to use your personal data for a specified purpose, for example if you subscribe to an email newsletter.

Disclosure of your personal information

We will not disclose your personal data to other organisations, unless required for the provision of our services or required by the law. Sometimes we may need to give information to our agents and subcontractors for the purpose of providing legal services. In these circumstances we always ensure that the information is safe and secure.

All our employees and data processors that have access to, and are associated with the processing of personal data, are obliged to respect the confidentiality and maintain the security and integrity of our personal data.

We have systems that protect our clients and ourselves against fraud and other crime. We may use your personal information to prevent crime and trace those responsible. We may check your details with fraud prevention agencies. If you give us false or misleading information and we suspect fraud, we will record this. We and other organisations may use and search these records to help us trace and prevent fraud and manage your accounts, or check your identity to prevent money laundering. With regards to money laundering checks we obtain documentation from you but also use a third party who carry out a variety of electronic checks to identify you.

Kitson Boyce Website

On our website, accessible from www.kitsonboyce.co.uk, you can request information, apply for jobs, subscribe to marketing or support materials or register yourself.

Parts of the website contain links to third party websites and we are not responsible for any site you choose to visit in this way. The website does not have a secure transmission method. Thus it is possible that the information can be intercepted, lost, redirected, changed and read by other people. However, Kitson Boyce values your trust and is committed to protecting the information you provide. To prevent unauthorised access, maintain accuracy and ensure proper use of information, we have employed physical, electronic and managerial processes to safeguard the information we collect on-line.

We do not use cookies for collecting personal information. You can browse the website without disclosing your personal data.

Links provided from the website are not covered by this Policy.

Where do we store your personal information and for how long?

Electronic – All information which you provide to us in an electronic form (via this website or otherwise) will be stored securely on servers in the UK.

Paper – Any paper documentation which we hold will be held securely at one of our offices or at a secure storage facility.

Storage periods – Both paper and electronic files will in the normal course of business be kept for periods set out in the below table. The periods of time run from the end of the retainer (which is when all work and payment of our fees is complete).

Specialism Period
Conveyancing
Acting for purchasers/vendor/mortgagers/mortgagees 6 years
Acting for vendor/purchaser on sale of whole title 6 years
Acting for vendor/purchaser who retains part of title 6 years
Wills, Probate and Administration
Will files 75 years
Where whole estate is wound up and distributed 6 years
Continuing trusts 50 years
Taxation files 20 years
Family/Matrimonial Matters
Where no continuing obligation exists 6 years
From date when continuing obligations cease 6 years
Corporate transactions
Company formations 6 years
Commercial transactions 6 years
Company secretarial services 6 years
Litigation 6 years
Employment
Contentious employment 6 years
Non-contentious employment 6 years
All other matters 6 years

In addition to the above the following categories of information will be kept for the periods set out below.

Initial enquiries made but matter not pursued (no file opened) 1 year
Client file opened but matter aborted prior to work being undertaken 6 years
Anti money laundering information 6 years
Client surveys, feedback and prize draw information 6 years

File destruction

On an annual basis we compile a list of all files where the storage period has expired. We then destroy all paper and electronic files (including anti money laundering information). We do not retain any identifiable data after this point without your explicit consent.

Your legal rights

You have a number of rights under data protection laws in relation to your personal data.

You have the right to:

  • Request access to your personal data (commonly known as a “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. More details on how to do this is set out below. 
  • 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 in certain circumstances. 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) as the legal basis for that particular use of your data (including carrying out profiling based on our legitimate interests). In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your right to object.
  • You also have the absolute right to object any time to the processing of your personal data for direct marketing purposes 
  • 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.
  • Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in one of the following scenarios:
    • If you want us to establish the data’s accuracy;
    • Where our use of the data is unlawful but you do not want us to erase it;
    • Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or
    • You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

If you wish to exercise any of the rights set out above, please contact our Data Protection Manager whose details are below.

Contact us

If you have any comments or questions about Kitson Boyce or the firm’s use of your information or about this Policy, please send an email to [email protected].

When you email us please remember that the content of your email is insecure and could be intercepted. Accordingly, please keep the amount of confidential information to a minimum and we will do the same when we reply.

For any enquiry or concern about our Privacy Policy, or to request access to your personal data please contact our Data Protection Manager Rory Wakeling on 01752 603040 or email: [email protected].

Under the Data Protection Act 2018, you are entitled rectification of your data or for the data to be erased. However, you should be aware that Kitson Boyce LLP must comply and take into account other legislation such as Anti-Money Laundering Regulations 2017 and Limitation Act 1980. As such it is Kitson Boyce’s policy to hold your data for certain minimum periods of time (as set out above).

You are entitled to request a copy of the personal data we hold about you. We are obliged to provide this to you in an easily accessible form using clear and plain language within 28 days of receiving your written request. Under the Data Protection Act 2018 we are entitled not to respond or to charge a reasonable administrative fee if a request is manifestly unfounded or excessive. If we decide not to respond we will clearly explain the reasons for this and provide you with details of the relevant supervisory authority. Evidence or proof of your identity (for example, a passport or driver’s license and current utility bill) will be required.

If you feel that we have breached our obligations to you then you can contact the Information Commissioners Office www.ico.org.uk, who is the UK’s independent authority set up to uphold information rights.