This data protection policy contains information about the information collected, stored and otherwise processed about you and the reasons for the processing. It also tells you who SCORNIK GERSTEIN LLP (SGLLP) shares this information with, the security mechanisms SGLLP puts in place to protect your information and how to contact SGLLP in the event you need further information.

Why a data protection policy is needed

SGLLP has produced the following notice in accordance to UK General Data Protection Regulation (UK–GDPR)

With this policy we seek to record that you have provided us with your consent to use your personal data and that you are aware as to the rights that assist you in relation to such use.

What data we collect

SGLLP collects, uses and is responsible for personal information about you. When SGLLP does this it is the 'controller' of this information for the purposes of the UK–GDPR and the Data Protection Act 2018.

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

SGLLP collects some or all of the following personal information that you provide:

1  personal details

2  business details

3  services

4  financial details

5  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 members of SGLLP, experts, members of the public, witnesses, courts and other tribunals, suppliers of goods and services, investigators, government departments, regulators, public records and registers.

How SGLLP uses your personal information: Purposes

SGLLP may use your personal information for the following purposes:

1. to facilitate, promote and market the services of SGLLP
2. to train SGLLP personnel
3. to fulfil equality and diversity and other regulatory requirements,
4. to procure goods and services,
5. to respond to requests for references
6. to publish legal judgments and decisions of courts and tribunals
7. to respond to potential complaints or make complaints
8. to carry out anti-money laundering and terrorist financing checks
9. 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
• the nature of your interest in SGLLP’s marketing
• your attendance at SGLLP

This will be processed so that you can be provided with information about SGLLP and to invite you to events.

SGLLP will no longer contact you for promotion purposes unless you provide us with your express consent at the end of this policy.

The legal basis for processing your personal information

SGLLP 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 SGLLP may process your information for the Purposes set out above to the extent to which you have consented to SGLLP doing so.
• SGLLP 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.
• SGLLP 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.
• SGLLP relies on your consent for any processing for the purposes set out in purposes (i), (ii), (vi) and (viii) above. However, if you do not consent to processing for the purpose of providing a reference SGLLP will be unable to take or provide a reference. This is because SGLLP needs to be able to retain all information about you to provide an informed and complete reference.
• The processing is necessary for the purposes of performing or exercising obligations or rights, which are imposed or conferred by law on SGLLP or you in connection with employment, social security or social protection. SGLLP needs a policy document to comply with this obligation.
• The processing is necessary for the assessment of your working capacity or health or social care purposes.
• The processing is necessary for the purposes of identifying or keeping under review the existence or absence of equality of opportunity or treatment between members of staff, tenants, pupils and mini-pupils with a view to enabling such equality to be promoted or maintained SGLLP needs a policy document to comply with this obligation.
• 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 SGLLP can comply with a legal obligation to which it is subject (including carrying out anti-money laundering or terrorist financing checks).

Who will SGLLP 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 Head of SGLLP and members of SGLLP who deal with complaints, the Solicitors Regulation Authority and the Legal Ombudsman
• other regulatory authorities
• current, past or prospective employers or employees
• in the case of recruitment of lawyers to or from other employer, your current, past and prospective employers
• education and examining bodies
• legal professionals
• experts and other witnesses
• prosecution authorities
• courts and tribunals
• SGLLP' staff
• trainee lawyers
• lay and professional clients of Members of SGLLP
• family and associates of the person whose personal information SGLLP 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 SGLLP to provide a reference
• the general public in relation to the publication of legal judgments and decisions of courts and tribunals this requires the production of a policy document to comply with this obligation.

SGLLP may be required to provide your information to regulators, such as the Legal Ombudsman, 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 SGLLP' consent or your consent, which includes privileged information.

SGLLP 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 SGLLP obtains may include information obtained from:

• legal professionals
• experts and other witnesses
• prosecution authorities
• courts and tribunals
• trainee barristers
• lay and professional clients of members of SGLLP
• family and associates of the person whose personal information SGLLP is processing
• in the event of complaints, the Head of SGLLP, other members of SGLLP who deal with complaints and the Legal Ombudsman
• other regulatory authorities
• current, past or prospective employers
• education and examining bodies
• business associates, professional advisers and trade bodies, e.g. the Solicitors Regulation Authority
• the intended recipient, where you have asked SGLLP to provide a reference
• the general public in relation to the publication of legal judgments and decisions of courts and tribunals [this requires the production of a policy document to comply with this obligation
• data processors, such as IT support staff, email providers, data storage providers
• public sources, such as the press, public registers and law reports.

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

SGLLP 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 SGLLP store your personal information?

SGLLP will normally store all your information:

• until at least 1 year after the expiry of any relevant limitation period, from for example, the date of the last provision of service or goods, the date of the last payment made or received or the date on which all outstanding payments are written off, whichever is the latest/whatever other end point is chosen. This is because it may be needed for potential legal proceedings/ other period – provide justification. 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 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 SGLLP becomes aware or is informed that the individual has ceased to be a potential client.

What do we do with your personal data?

Your personal data will be utilised only and exclusively for the purposes of conducting your professional instructions and in any event as requested by law and will be immediately destroyed from any supporting media as soon as our professional relationship is concluded, unless, due to justified reason such as, for example. to file proceedings against you for non-payment of our professional fees in which case we need to keep them in order to justify such claim before the courts.

Likewise please note that due to current antimony laundering regulations, we cannot start working for you in your case without you previously providing us with your personal data.

Consent

As explained above, SGLLP is relying on your explicit consent to process your information when you become a client of SGLLP or prospective client.

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 SGLLP 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 SGLLP using the contact details below.

Your Rights

Under the UK-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 SGLLP 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 me 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;
• 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 UK-GDPR please see the Guidance from the Information Commissioners Office on Individual's rights under the UK-GDPR.

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

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

SGLLP will respond to you within one month from when it receives your request.

How to make a complaint?

The UK-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.

Should you like to file a claim or complaint about how we handle your personal data, you should first write to us and if you remain unsatisfied with our response you may refer your complaint to the ICO (Information Commissioner’s Office) calling to 0303 123 1113. You may find further information here: https://ico.org.uk/concerns/. The Information Commissioner's Office can be contacted at http://ico.org.uk/concerns/.

Marketing Emails

Please note if you wish to unsubscribe from any marketing emails that you have signed up for, you can do so by clicking the "unsubscribe" link at the bottom of our marketing emails.

Future Processing

SGLLP does not intend to process your personal information except for the reasons stated within this Data Protection Policy. If this changes, this Data Protection Policy will be amended and placed on the SGLLP' website at www.scornik.com

Changes to this privacy notice

This privacy notice was published on 25^th May 2018.

SGLLP continually reviews its privacy practices and may change this policy from time to time. When it does an amended privacy notice will be placed on the SGLLP' website www.scornik.com

Should you have any query about the content of this policy please do let us know.

Contact Details

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

The best way to contact SGLLP is to write to its Managing Partner Antonio Arenas or his secretary Sonia Aguado by email at antonio.arenas@scornik.com or by phone at 0207 831 7070.