Privacy policy.
1. Introduction and Definitions
This policy covers the processing of Personal Data by P A Smith Notary Public whose principal place of business is at 22 Woodland Vale Road , St Leonards on Sea , East Sussex , TN37 6JJ United Kingdom ( “We”, “Our” , “Us” or “ the Business”).
P A Smith Notary Public is regulated by the Faculty Office of the Archbishop of Canterbury , 1 The Sanctuary , Westminster , London , SW1P 3JT.
The Business will process your and third parties Personal Data , as expanded upon below, in the course of providing notarial and related services .
Under Data Protection legislation, We have a legal duty to protect the Personal Data We collect from you. If you have any concerns, questions or comments about this Privacy Policy you can contact Us using the contact details in paragraph 11 of this Policy. It is important that you read this document in conjunction with the Terms and Conditions of the Business.
By providing the Business with your Personal Data, you consent to the Business processing your information as set out in this Privacy Policy and in any other manner you expressly consent to.
In this Policy the following terms shall have the following meanings:
“Data Protection Legislation” means all laws relating to data protection and/or information security in force from time to time which are applicable to the Services including, but without limitation, the Data Protection Act 2018 and (if applicable) the General Data Protection Regulations 2016, in each case as amended or supplemented from time to time and any successor legislation.
“Personal Data" means any data that relates to an identifiable person who can be directly or indirectly identified from that data. In this case it means collectively all the personal data you submit or provide to Us. It may also include “special categories of personal data such as racial or ethnic origin , political opinions , religious beliefs and the processing of genetic data , biometric data for the purpose of uniquely identifying a data subject , data concerning health or data concerning sexual orientation.
“Services” means notarial and associated services including access to the Site
“Site” means www.patricksmithnotary.co.uk
2 Your Rights
2.1 As a data subject, you have the following rights under the Data Protection Legislation, which this Policy and Our use of Personal Data have been designed to uphold:
2.1.1 the right to be informed about Our collection and use of Personal Data;
2.1.2 the right of access to the Personal Data We hold about you;
2.1.3 the right to rectification if any Personal Data We hold about you is inaccurate or incomplete (please contact Us using the details in paragraph 11);
2.1.4 the right to be forgotten – the right to ask Us to delete any Personal Data We hold about you. We will comply unless there is a lawful reason for not doing so . For example , there may be an overriding legitimate ground for retaining the Personal Data such as our archiving obligations as a notary that must be complied with;
2.1.5 the right to restrict (i.e. prevent) the processing of your Personal Data;
2.1.6 the right to data portability (obtaining a copy of your Personal Data to re-use with another service or organisation);
2.1.7 the right to object to Us using your Personal Data for particular purposes; and
2.1.8 rights with respect to automated decision making and profiling.
2.2 If you have any cause for complaint about Our use of your Personal Data please contact Us using the details provided in paragraph 11 and We will do our utmost to solve the problem for you. If We are unable to resolve the matter, you also have the right to lodge a complaint with the UK’s supervisory authority, the Information Commissioner’s Office.
2.3 If you need further information about your rights, please contact the Information Commissioner’s Office (https://ico.org.uk) or your local Citizens Advice Bureau.
3. The types of Data We collect and how We collect it
3.1 The Data We collect
We may collect some or all of the following personal and non-personal Data
3.1.1 name;
3.1.2 date of birth;
3.1.3 gender;
3.1.4 job title/profession;
3.1.5 company/business name;
3.1.6 contact information such as e-mail addresses and telephone numbers;
3.1.7 IP address;
3.1.8 demographic information such as post code, preferences and interests;
3.1.9 web browser type and version;
3.1.10 operating system and a list of URLs starting with a referring site; and
3.1.11 your activity on the Site and the website you exit to.
4. How We use the Data that We collect
4.1 The Business may process Personal Data and special categories of Personal Data which you provide in connection with the Services about yourself and other data subjects , for example , individuals whose details are included in any materials you provide to the Business. The provision of certain Personal Data is mandatory in order for the Business to comply with the mandatory client due diligence requirements and consequently to provide the Services. You warrant on a continuous basis that such Personal Data is accurate , complete and up to date and agree to indemnify and hold the Business indemnified from any loss or damage it may suffer arising from a breach of this warranty.
4.2 All Personal Data is processed and stored securely for no longer than is necessary in light of the reason(s) for which it was collected. We will comply with Our obligations and safeguard your rights under the Data Protection Legislation at all times.
4.3 Our use of your Personal Data will always have a lawful basis, either because you have consented to Our use of your Personal Data , because it is necessary for Our performance of a contract with you, because it is necessary for compliance with a legal obligation or because it is in Our legitimate interests.
4.4 Specifically the Data may be used for the following purposes:
⦁ providing the Services, including (if applicable) procuring acts from foreign organisations
⦁ responding to your queries , requests and other communications
⦁ to monitor or improve the performance of Our Services
⦁ enabling suppliers and service providers to carry out certain functions on behalf of the Business in order to provide the Services
⦁ ensuring the security of the Business and preventing or detecting fraud
⦁ for internal record keeping and administering the Business
⦁ replying to e-mails from you
⦁ providing and managing your access to the Site
⦁ for any purpose if we are required to do so by any law or other regulatory or government authority.
4.5 By providing us with your Personal Data, you consent to Us: (a) processing your information as set out in this Privacy Policy and in any other manner you expressly consent to.
4.6 You have the right to withdraw your consent to Us using your Personal Data at any time
4.7 We will not keep your Personal Data for any longer than is necessary in light of the reason for which it was collected , but subject always to the Notarial Practice Rules relating to record retention.
5. Sharing of Personal Data
5.1 In certain circumstances the Business may wish to disclose , or is obliged to disclose , your Personal Data to third parties . These circumstances include disclosure to ;
5.1.1 Our suppliers and service providers -to facilitate the provision of the Services , including legalisation service providers and other handling agents , translators , couriers , IT consultants, webhosting providers , identity verification partners (in order to verify your identity against public databases) , consultants (for example in order to protect the security or integrity of the Business, including Our databases and systems for business continuity reasons ;
5.1.2 foreign organisations - to carry out acts which are necessary in connection with the Services , such as embassies , consulates and High Commissions ;
5.1.3 public authorities – to carry out acts which are necessary in connection with the Services , such as the Foreign and Commonwealth Office:
5.1.4 professional organisations – who exercise certain public governance and archiving functions in relation to the notaries profession , such as the Notaries Society and the Faculty Office ;
5.1.5 public authorities – where We are required by law to do so :
5.1.6 successor or partner legal entities – on a permanent or temporary basis , for the purposes of a joint venture , collaboration , sale , merger , reorganisation , dissolution or similar event relating to the Business . In the case of a merger or sale your Personal Data will be permanently transferred to a successor company;
5.1.7 any third party- where you have provided your consent.
5.2 Audience and Traffic Measurement Services: We may use third party services that allow Us to collect anonymous traffic and behavioural information by monitoring anonymous visitor activity.
5.3 In specific circumstances We may have to share your Data with other third parties for their own purposes.
Such specific circumstances include, but are not limited to:
⦁ For fraud management, We may share information about fraudulent or potentially fraudulent activity on the Site or otherwise. This may include sharing Data with law enforcement bodies.
⦁ We may be required to disclose your Personal Data to the police or other enforcement, regulatory or Government body, in your country of origin or elsewhere, upon a valid request to do so. These requests are assessed on a case-by-case basis and take your privacy into consideration.
6. Retention of Data / International Transfer of Data
6.1 We only keep your Personal Data for as long as is reasonably necessary for the purposes listed above or as required by law . By way of example the Notarial Practice Rules require that notarial acts in the public form be preserved permanently and records of acts which are not in the public form should be preserved for a minimum of twelve years . Please contact the Business for further details of applicable retention periods .
6.2 We primarily store and process your Personal Data in the UK and the EU/European Economic Area (“the EEA”) (The EEA consists of all EU member states plus Norway, Iceland and Lichtenstein). If we do transfer your Personal Data outside the UK /EEA it will be because you have consented or because we have a legal reason to do so. We may transfer your Personal Data to a third party in countries outside the country it was originally collected for further processing in accordance with the purposes set out above. In particular , your Personal Data may be transferred to foreign organisations such as foreign Embassies located in the UK or abroad. Such organisations will process personal Data in accordance with the laws to which they are subject and international treaties over which the Business has no control.
6.3 If the Business transfers Personal Data to private organisations abroad , such as subcontractors , it will , as required by applicable law , ensure that your privacy rights are adequately protected by appropriate technical, organisational , contractual or other lawful means . You may contact us (if applicable) for a copy of such safeguards in these circumstances.
7. Security/Transmission
In accordance with Our responsibilities under the Data Protection Legislation, We adopt appropriate security procedures (suitable physical, electronic and managerial procedures) to seek to safeguard against unauthorised access to your information. Please be aware, however, that the transmission of data via the internet is never completely secure. We cannot guarantee the security of your Data as it is transmitted to and from the Site.
8. Policy changes
By instructing the Business to provide the Services , you agree to the terms of this Privacy Policy and Our Terms and Conditions . We may amend this Privacy Policy from time to time or as may be required by law. If we do so, we will post an updated version on the Site and you are deemed to have accepted the revised terms on your first use of the Site following the alterations.
9. Your right to withhold information
9.1 You may access certain areas of the Site without providing any data at all. However, to use all features and functions available on the Site you may be required to submit or allow for the collection of certain Data.
10. Accessing your own Data
You have the right to ask for a copy of any of your Personal Data held by the Business (where such data is held) by contacting the Business at the address given in paragraph 11. Under the Data Protection Legislation, no fee is payable and We will provide any and all information in response to your request free of charge.
11. Questions about the Policy and the information We hold about you:
If you have any general questions about this policy or the information We have collected about you and how We use it, you can contact the Business at P A Smith Notary Public , 22 Woodland Vale Rd , St Leonards , East Sussex , TN37 6JJ , United Kingdom, or by e-mail at contact@patricksmithnotary.co.uk and by telephone on 01424 444170 .
This Privacy Policy revised 1st January 2021