Privacy Notice and Terms of Use

INTRODUCTION

Daniel Francis Solicitors respects your privacy and is committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data and tell you about your privacy rights and how the law protects you.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us. This privacy notice deals with the specific areas set out below. Please use the glossary below to understand the meaning of some of the terms used in this privacy notice:

PURPOSE OF THIS PRIVACY NOTICE

This privacy notice aims to give you information on how Daniel Francis Solicitors collects and processes your personal data received through your use of this website or by any other means. This website is not intended for children and we do not knowingly collect data relating to children.

It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.

Daniel Francis Solicitors may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.

1. IMPORTANT INFORMATION AND WHO WE ARE
2. THE DATA WE COLLECT ABOUT YOU
3. HOW IS YOUR PERSONAL DATA COLLECTED
4. HOW WE USE YOUR PERSONAL DATA
5. DISCLOSURES OF YOUR PERSONAL DATA
6. INTERNATIONAL TRANSFERS
7. DATA SECURITY
8. DATA RETENTION
9. YOUR LEGAL RIGHTS
10. GLOSSARY
11. COOKIE POLICY

1. IMPORTANT INFORMATION AND WHO WE ARE

CONTROLLER

Daniel Francis Solicitors is the trading name for Mary Eniolu who is the data controller. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the DPO using the details set out below.

CONTACT DETAILS

Mary Eniolu, Principal, 5A Tonbridge Road Maidstone Kent ME16 8RL

Telephone number: 01622 669460

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO, so please contact us in the first instance.

THIRD-PARTY LINKS

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

2. THE DATA WE COLLECT ABOUT YOU

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed. We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.

Usage Data includes information about how you use our website.

Aggregated Data We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.

Special Categories of Personal Data We do not collect any  Specialised Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offenses.

IF YOU FAIL TO PROVIDE PERSONAL DATA

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

3. HOW IS YOUR PERSONAL DATA COLLECTED

We use different methods to collect data from and about you including through:

Automated technologies or interactions As you interact with our website we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies. Please see our cookie policy below for further details

Third parties or publicly available sources. Daniel Francis Solicitors obtains most of its personal data from our clients or those who have indicated that they have an interest in our services. We also collects some data from publicly available sources for example Google and Companies House

4. HOW WE USE YOUR PERSONAL DATA

We will only use your personal data when the law allows us to. Most commonly, we will use your data:

• where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests
• where we need to comply with a legal or regulatory obligation.
• for internal record keeping.
• to improve our products and services.
• to periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
• to periodically contact you for market research purposes usually either by email or SMS messaging
• to customise our website according to your interests.

The types of lawful basis that we will rely on to process your personal data are set out below.

Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA

At Daniel Francis Solicitors we are committed to protecting your privacy. Set out below is an explanation of how we use information about visitors to this site.

1. We may use your Technical Data to administer and protect our website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data. Such use would be necessary for our legitimate interests (for running our business, provision of administration and IT services, to prevent fraud and in the context of a business reorganisation exercise), and to comply with a legal obligation.
2. We may use your Usage Data and Technical Data to deliver relevant website content to you and measure or understand the effectiveness of the content. Such use would be necessary for our legitimate interests (to study how customers use our services, to develop them, to grow our business and to inform market strategy).
3. We may use your Usage Data and Technical Data to use data analytics to improve our website, services, marketing, customer relationships and experiences. Such use would be necessary for our legitimate interests (to define types of customers for our services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy).

COOKIES

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about cookies we use, please see our cookie policy below.

LINKS TO OTHER WEBSITES

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

CHANGE OF PURPOSE

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

CONTROLLING YOUR PERSONAL INFORMATION

You may choose to restrict the collection or use of your personal information in the following ways:

• if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us
• If you believe that any information we are holding on you is incorrect or incomplete, please contact us and we will promptly correct any information found to be incorrect.

We will not sell, distribute or lease your personal information to third parties.

5. DISCLOSURES OF YOUR PERSONAL DATA

We may have to share your personal data with the parties set out below for the purposes set out at paragraph 4 above:

1. External Third Parties as set out in the glossary.
2. Third Parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy notice.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

6. INTERNATIONAL TRANSFERS

We do not transfer your personal data outside the European Economic Area (EEA).

7. DATA SECURITY

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business and need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

8. DATA RETENTION

HOW LONG WILL YOU USE MY PERSONAL DATA FOR?

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

9. YOUR LEGAL RIGHTS

Under certain circumstances, you have rights under the data protection laws in relation to your personal data. Your rights are listed below, and more detail can be found in the glossary below:

• Request access to your personal data.
• Request correction of your personal data.
• Request erasure of your personal data.
• Object to processing of your personal data.
• Request restriction of processing your personal data.
• Request transfer of your personal data.
• Right to withdraw consent.

If you wish to exercise any of the rights set out above, please contact us.

NO FEE USUALLY REQUIRED

You will not usually have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

WHAT WE MAY NEED FROM YOU

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

TIME LIMIT TO RESPOND

We will respond to your request as soon as is reasonably practical to do so, usually within 14 days.

10. GLOSSARY

LAWFUL BASIS

Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights 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 by law). You can obtain further information about how we assess our legitimate interests against any particular impact on you in respect of specific activities by contacting us.

Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

EXTERNAL THIRD PARTIES

• Service providers acting as processors based in the UK who provide IT and system administration services.
• Professional advisers acting as processors including lawyers, bankers, auditors and insurers based in the UK who provide consultancy, banking, legal, insurance and accounting services.
• HM Revenue and Customs, regulators and other authorities acting as processors based in the UK who require reporting of processing activities in certain circumstances.

YOUR LEGAL RIGHTS

Request access to your personal data (commonly known as a “data 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.

Request correction of the 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. 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) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

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 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 services to you. We will advise you if this is the case at the time you withdraw your consent.

11. COOKIE POLICY

Like many websites, the Daniel Francis Solicitors website uses cookies – small text files, typically of letters and numbers – to capture limited information about the site’s users. The information is transferred by the website to the cookie file of the browser on the hard drive of the user’s computer.

This site uses Google Analytics cookies. These allow us to measure the number of visitors, to see how visitors navigate the site and to see which resources they access. This helps us to develop new content and to improve the way the website works. These cookies do not enable us to identify individual users. Google provides further information about Analytics.

To prevent Google Analytics cookies being set, you may install the Google Analytics Opt-Out Browser Add-On.

For general information about cookies please visit www.allaboutcookies.org.

TERMS AND CONDITIONS OF USE

These terms and conditions apply to the use of this website (the “Website”). Please read these terms and conditions carefully. Your use of the Website is confirmation that you have understood and agreed to be bound by all of these terms and conditions. Daniel Francis Solicitors may suspend your use of this site immediately if you do not comply with these terms and conditions.

The Website is communicated by and is the property of Daniel Francis Solicitors and all the material on this Website is subject to copyright with all rights reserved.

Use of the Website

Users may not link any other website to the Website without obtaining the prior written consent of Daniel Francis Solicitors. Users must also not use the Website in a way which causes or may cause:

• the Website or the service offered to be interrupted, damaged or impaired;
• offence or detriment to any other person who uses the Website or any services offered;
• Daniel Francis Solicitors, you or any other user of the Website to be in breach of applicable law or regulation; or
• detriment to any person who supplies services to Daniel Francis Solicitors in connection with the Website.

Access to the Website is not open to persons resident in, or citizens of, any territory outside of the United Kingdom where to allow such access would require any registration, filing, application for any license or approval or other steps to be taken by Daniel Francis Solicitors in order to comply with local laws or other regulatory requirements in such overseas territory. We make no representation that any material contained on this Website is appropriate for any jurisdiction other than the United Kingdom. The server on which this Website is maintained is located in England and the information delivered via the site is deemed to have been delivered in England.

No Offer

The Website is for informational purposes only. Nothing in the Website should be construed as an offer, invitation or general solicitation to buy or sell any investments or securities, provide investment advisory services or to engage in any other transaction, and must not be relied upon in connection with any investment decision.

No Advice

The information on the Website, including all opinions or other content, is not intended to and does not constitute financial, accounting, tax, legal, investment, consulting or other professional advice or services, but is for information purposes only.

Disclaimer

No warranty, condition or undertaking or term, either express or implied, is given that the information or opinions contained in this website are accurate, reliable or complete or as to the freedom of this site from defects, viruses, malicious programs or macro or as to the appropriateness of the content of the Website for any use which the recipient may choose to make of it. The information published on the Website is provided as a convenience to visitors and should be used for informational purposes only and is subject to change without notice. If you require additional information, you should contact appropriate Daniel Francis Solicitors personnel.

YOU ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR THE USE TO WHICH YOU PUT THE WEBSITE AND ALL THE INFORMATION YOU OBTAIN FROM IT AND THAT ALL WARRANTIES, CONDITIONS, UNDERTAKINGS, REPRESENTATIONS AND TERMS, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.

Save in respect of liability for death or personal injury arising out of negligence or for fraudulent misrepresentation, we and all contributors to the Website hereby disclaim to the fullest extent permitted by law all liability for any loss or damage including any direct, special, consequential or indirect or punitive damages, losses, costs or expenses and any loss of profit incurred by you, whether arising in tort, contract or otherwise, and arising out of or in connection with your access to or use of, or inability to use, the Website or use of any material on the Website even if we have been advised of the possibility of such damage. In addition, no liability can be accepted by us in respect of any changes made to the content of this Website by unauthorised third parties.

In addition, any software which may be offered by the site from time to time is downloaded at your own risk. If you are in any doubt as to the suitability of this software for your computer, it is recommended that you obtain specialist advice before downloading it.

We provide no warranty that the Website will be available at any time. We will attempt to correct all faults as soon as we reasonably can. Daniel Francis Solicitors makes no representations or warranties in particular as to the accuracy, currency or completeness of any information contained on the Website and may change the information at any time without notice.

Copyright

The content of the Website is subject to copyright with all rights reserved. The copyright and all other rights in all of the material on the Website (including without limitation the screen displays, the content, the text, graphics and look and feel of the site) are owned by Daniel Francis Solicitors and its licensors. You may download or print out a hard copy of such individual pages and/or sections of the Website as you may reasonably require provided that this is for private, non-commercial or domestic use only and that you do not remove any copyright or other proprietary notices. Any downloading or other copying from the Website will not transfer title to any software or material to you. You may not reproduce (in whole or in part), transmit (by electronic means or otherwise), modify, link into or use for any public or commercial purpose the Website without our prior written permission. Any unauthorised reproduction or use of the Website or the information presented therein may be the subject of prosecution, particularly for infringement of copyright. Any rights not expressly granted in these terms are reserved.

Links to External Sites

The Website may contain links to or from other websites over which Daniel Francis Solicitors has no control. These linked sites are for your convenience only and you access them at your own risk. We are not responsible for the content of any linked sites. We do not in any way endorse the linked sites. Links to the Website may not be included in any other website without the prior written consent of Daniel Francis Solicitors. We will not be responsible for the content of any advertising that may appear on our site nor for its compliance with any applicable laws or regulations.

Security

You should be aware that the internet, being an open network, is not secure. If you choose to send any electronic communications to us by means of this Website, you do so at your own risk. We cannot guarantee that such communications will not be intercepted or changed or that they will reach the intended recipient safely.

No Representation or Warranty

No representation, warranty or guarantee or any kind, express or implied, is given by Daniel Francis Solicitors.

Content

While we use reasonable endeavours to obtain information from sources which we believe to be reliable and to ensure that the information on the Website is up to date and accurate, Daniel Francis Solicitors makes no representation or warranty that the information or opinions contained on the Website are accurate, reliable or complete. The information and opinions contained on the Website are provided by Daniel Francis Solicitors for personal use and for informational purposes only. You are solely liable for any use you may make of this information. Daniel Francis Solicitors makes no representation, warranty, condition, undertaking or term, whether express or implied, as to the condition, quality, performance, accuracy, suitability, fitness for purpose, completeness or freedom from viruses of the content contained on the Website or that such content will be accurate, up to date, uninterrupted or error fee. Whilst we take every care to ensure that the standard of the Website remains high and to maintain the continuity of it, the internet is not always a stable medium and errors, omissions, interruptions of service and delays may occur at any time, for which Daniel Francis Solicitors accepts no responsibility.

Changes to the Terms

Changes are periodically made to the information on the Website and to these terms and conditions and these changes will be incorporated in new editions of this site. Daniel Francis Solicitors reserves the right to alter or amend any information set out in the Website and these terms and conditions without notice. If you use the Website after Daniel Francis Solicitors has posted the changes, you will be bound by the new terms. You should therefore ensure that you read the terms and conditions each time you use the Website.

Trademarks

Daniel Francis Solicitors does not give persons accessing the Website permission to use any trade mark contained in the Website. Unauthorised use may constitute an infringement of the relevant owner’s rights.

Severability

If any part of these terms and conditions is, at any time, found to be invalid by a court, tribunal or other forum of competent jurisdiction, or otherwise rendered unenforceable, that decision shall not invalidate or void the remainder of these terms and conditions. These terms and conditions shall be deemed amended by modifying or severing such part as necessary to render them valid, legal and enforceable whilst preserving their intent or, if that is not possible, by substituting another provision that is valid, legal and enforceable that gives equivalent effect to the parties intent. Any such invalid or unenforceable part or parts shall be severable from these terms and conditions in any other jurisdiction and the validity of the part(s) in question shall not be affected thereby.

Assignment

You may not assign, sub-licence or otherwise transfer any of your rights under these terms and conditions.

Government Law and Jurisdiction

These terms and conditions, your use of the Website, and all matters connected with them (whether contractual or non-contractual) are governed by and shall be construed in accordance with the law of England and Wales and shall be subject to the exclusive jurisdiction of the English courts. If you access the Website from outside the UK you are responsible for ensuring compliance with any local laws relating to access.