The protection of your personal data is of very great importance to The James McKenzie Group, therefore, James McKenzie takes all reasonable care to ensure that your personal data is processed safely.

This notice describes how personal data must be collected, handled and stored to meet the company’s data protection standards and to comply with the law.

Personal data is information that relates to an identified or identifiable individual.

This data protection notice ensures James McKenzie:

• Complies with data protection law and follow good practice
• Protects the rights of clients, Executors, Trustees and Beneficiaries
• Is open about how it stores and processes individuals’ data
• Protects itself from the risks of a data breach

The Data Protection Act 2018 and the General Data Protection Regulation (GDPR) describes how James McKenzie must collect, handle and store personal information.

These rules apply regardless of whether data is stored electronically, on paper or on other materials.

To comply with the law, personal information must be collected and used fairly, stored safely and not disclosed unlawfully.

Under GDPR, all personal data obtained and held by us must be processed according to a set of core principles. In accordance with these principles, we will ensure that:

• processing will be fair, lawful and transparent
• data be collected for specific, explicit, and legitimate purposes
• data collected will be adequate, relevant and limited to what is necessary for the purposes of processing
• data will be kept accurate and up to date. Data which is found to be inaccurate will be rectified or erased without delay
• data is not kept for longer than is necessary for its given purpose
• data will be processed in a manner that ensures appropriate security of personal data including protection against unauthorised or unlawful processing, accidental loss, destruction or damage by using appropriate technical or organisation measures
• we will comply with the relevant GDPR procedures for international transferring of personal data

Consent

By agreeing to this privacy notice and signing our terms of business you are consenting to James McKenzie processing your personal data for the service(s) we provide to you.

If you wish to withdraw consent, you can do so at any time by emailing [email protected] or by post, please see our contact details section.

Performance of contract

Personal data may also be processed on the basis that such processing is necessary in order to enter into or perform a contract with you our client.

If you have any queries or concerns regarding your personal data, please contact our data protection officer–[email protected]

James McKenzie is registered with the Information Commissioners Office

James McKenzie (Wills) Ltd -Z1910855

James McKenzie Probate Services Ltd – ZA526984

You contact details are provided to us by your Employer or from your initial enquiry to James McKenzie. We collect further personal data by you completing the pre meeting information we send you prior to your meeting and at your meeting with our consultant.

Subject to the service you require, we will ask for the following information:

• Your name, address and contact details
• Information to verify your identity
• Information relevant to the service we are providing including:
  • Executors, Trustees, Guardians & Beneficiaries names & contact details
  • Basic financial information
  • Nationality/Domicile

We may also require, subject to your requirements:

• Medical notes
• Religion/Religious Beliefs/Arrangements
• Payment details

The information you provide to us is used to

• Book your meeting
• Generate documents of the service you require

Any personal information collected at the time of your meeting will be stored electronically. Please see third parties section for further information.

James McKenzie Adheres to principle 5 of the GDPR act – Information should be retained only for as long as necessary.

We keep your information for the purposes of providing your Documents, handling any follow-up enquiries, and for the purpose of gaining probate (where required). Due to the nature in which it is intended, personal data will be kept indefinitely, unless:

• The law decides that it is no longer required.
• You no longer require our services and request in writing for it to be returned to you or destroyed safely.

Where necessary we may need to pass your details onto third parties who are either contracted to, or part of The James McKenzie Group. Where we engage third parties to process data on our behalf, we will ensure, via a data processing agreement with the third party, that the third party takes the required measures to maintain the Company’s commitment to protecting data.

Third Parties include:

• Will Suite
• Office 365
• 10to8
• Certainty, the National Will Register
• World Pay

Any personal information supplied to us will not be shared for any outside marketing purposes and will not be sold.

In certain circumstances, the Data Protection Act allows personal data to be disclosed to law enforcement agencies without the consent of the data subject.

Under these circumstances, James McKenzie will disclose requested data. However, the data controller will ensure the request is legitimate, seeking assistance from the company’s legal advisers where necessary.

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We operate CCTV outside the James McKenzie office, in our car park for security purposes.

The purpose for processing this information is for security and safety of our staff. The legal basis we rely on to process your personal data is article 6(1)(f) of the GDPR, which allows us to process personal data when its necessary for the purposes of our legitimate interests.

If it is necessary for anyone to visit the office, we may ask for identification. Wedo not retain this information.

Visitors to our head office will always be accompanied by a staff member.

As our client you have the following rights:

• The right to be informed – about the data we hold on you and what we do with it;
• The right of access – to request a copy of the information that we hold about you- Subject access request
• The right to rectification – to ask us to rectify information you think is inaccurate or incomplete.
• The right to erasure – have data deleted in certain circumstances;
• The right to restrict processing – You have the right to ask us to restrict the processing of your information in certain circumstances
• The right to data portability – transfer the data we hold on you to another organisation;
• The right to object – you have the right to object to certain types of processing such as direct marketing
• Right to object to automated processing, including profiling – you have the right not to be subject to the legal effects of automated processing or profiling.

Access to Data

As James McKenzie’s client you have a right to access your personal data that we hold on you. To exercise this right, you must make a Subject Access Request in writing. We will comply with the request without delay, and within 30 days, in accordance with legislation, we decide that an extension is required. Those who make a request will be kept fully informed of any decision to extend the time limit.

Identification will be required before the request is processed.

No charge will be made for complying with a request unless the request is manifestly unfounded, excessive or repetitive. In these circumstances, a reasonable charge will be applied.

All requests should be made to [email protected] or writing to us at the address in contact details.

In the event of a Personal Data breach James McKenzie will notify you without undue delay after becoming aware of the breach.A data breach would be recorded on our data breach register. Where legally required, we will report a breach to the Information Commissioner within 72 hours of discovery.

If you have any concerns regarding your personal data, please contact our data protection officer.

James McKenzie will send direct newsletters reminding you to keep your personal information up to date and notify of any legislation changes. If you would like to opt out of any newsletters being sent to you, please email [email protected]

Our Privacy notice may be subject to change from time to time. Please check back frequently to see any updates or changes to our Privacy Policy.

Last updated: 12th July, 2019