We take your privacy very seriously. Please read this privacy policy carefully as it contains important information on who we are and how and why we collect, store, use and share your personal data. It also explains your rights in relation to your personal data and how to contact us or supervisory authorities in the event you have a complaint.

When we use your personal data we are regulated under the General Data Protection Regulation (GDPR) which applies across the European Union (including in the United Kingdom) and we are responsible as ‘controller’ of that personal data for the purposes of the GDPR. Our use of your personal data is subject to your instructions, the GDPR, other relevant UK and EU legislation and our professional duty of confidentiality.

Key terms

It would be helpful to start by explaining some key terms used in this policy:

We, us, our

BTMK Solicitors Limited (“BTMK”) whose principal office is at 19 Clifftown Road, Southend-on-Sea, Essex SS1 1AB – including the following which are trading names of BTMK:

Our data protection officer

Mr Lee Emptage

BTMK Solicitors Limited, 19 Clifftown Road, Southend-on-Sea, Essex SS1 1AB

Email:  lee.emptage@btmk.co.uk

Tel:  01702 238520

Personal data

Any information relating to an identified or identifiable individual

Special category personal data

Personal data revealing racial or ethnic origin, political opinions, religious beliefs, philosophical beliefs or trade union membership

Genetic and biometric data

Data concerning health, sex life or sexual orientation

Personal data we collect about you

The table below sets out the personal data we will or may collect in the course of advising and/or acting for you.

Personal data we will collect Personal data we may collect depending on why you have instructed us
Your name, address and telephone number

Your National Insurance and tax details.

Your bank and/or building society details

Information to enable us to check and verify your identity, eg your date of birth or passport details

Details of your professional online presence, eg LinkedIn profile.

Details of your spouse/partner and dependants or other family members, eg if you instruct us on a family matter or a will

Electronic contact details, eg your email address and mobile phone number

Your employment status and details including salary and benefits, eg if you instruct us on matter related to your employment or in which your employment status or income is relevant

Information relating to the matter in which you are seeking our advice or representation

Your nationality and immigration status and information from related documents, such as your passport or other identification, and immigration information, eg if you instruct us on an immigration matter

Information to enable us to undertake a credit or other financial checks on you

Details of your pension arrangements, eg if you instruct us on a pension matter or in relation to financial arrangements following breakdown of a relationship

Your financial details so far as relevant to your instructions, eg the source of your funds if you are instructing on a purchase transaction

Your employment records including, where relevant, records relating to sickness and attendance, performance, disciplinary, conduct and grievances (including relevant special category personal data), eg if you instruct us on matter related to your employment or in which your employment records are relevant

Your racial or ethnic origin, gender and sexual orientation, religious or similar beliefs, eg if you instruct us on discrimination claim

Your trade union membership, eg if you instruct us on discrimination claim or your matter is funded by a trade union

Personal identifying information, such as your hair or eye colour or your parents’ names, eg if you instruct us to incorporate a company for you

Your medical records, eg if we are acting for you in a personal injury claim

This personal data is required to enable us to provide our service to you. If you do not provide personal data we ask for, it may delay or prevent us from providing services to you.

How your personal data is collected

We collect most of this information from you direct.  However, we may also collect information:

How and why we use your personal data

Under data protection law, we can only use your personal data if we have a proper reason for doing so, eg:

A legitimate interest is when we have a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests.

The table below explains what we use (process) your personal data for and our reasons for doing so:

What we use your personal data for Our reasons
To provide legal services to you

For the performance of our contract with you or to take steps at your request before entering into a contract

Conducting checks to identify our clients and verify their identity Screening for financial and other sanctions or embargoes Other processing necessary to comply with professional, legal and regulatory obligations that apply to our business, eg under health and safety regulation or rules issued by our professional regulator

To comply with our legal and regulatory obligations

Gathering and providing information required by or relating to audits, enquiries or investigations by regulatory bodies

To comply with our legal and regulatory obligations

Ensuring business policies are adhered to, eg policies covering security and internet use

For our legitimate interests or those of a third party, ie to make sure we are following our own internal procedures so we can deliver the best service to you

Operational reasons, such as improving efficiency, training and quality control

For our legitimate interests or those of a third party, ie to be as efficient as we can so we can deliver the best service for you at the best price

Ensuring the confidentiality of commercially sensitive information

For our legitimate interests or those of a third party, ie to protect our intellectual property and other commercially valuable information

To comply with our legal and regulatory obligations

Statistical analysis to help us manage our practice, eg in relation to our financial performance, client base, work type or other efficiency measures

For our legitimate interests or those of a third party, ie to be as efficient as we can so we can deliver the best service for you at the best price

Preventing unauthorised access and modifications to systems

For our legitimate interests or those of a third party, ie to prevent and detect criminal activity that could be damaging for us and for you

To comply with our legal and regulatory obligations

Updating and enhancing client records

For the performance of our contract with you or to take steps at your request before entering into a contract

To comply with our legal and regulatory obligations

For our legitimate interests or those of a third party, eg making sure that we can keep in touch with our clients about existing and new services

Statutory returns

To comply with our legal and regulatory obligations

Ensuring safe working practices, staff administration and assessments

To comply with our legal and regulatory obligations

For our legitimate interests or those of a third party, eg to make sure we are following our own internal procedures and working efficiently so we can deliver the best service to you

Marketing our services and those of selected third parties to: —existing and former clients; —third parties who have previously expressed an interest in our services; —third parties with whom we have had no previous dealings.

For our legitimate interests or those of a third party, ie to promote our business to existing and former clients

Credit reference checks via external credit reference agencies

For our legitimate interests or a those of a third party, ie for credit control and to ensure our clients are likely to be able to pay for our services

External audits and quality checks, eg for Lexcel, ISO or Investors in People accreditation and the audit of our accounts

For our legitimate interests or a those of a third party, ie to maintain our accreditations so we can demonstrate we operate at the highest standards

To comply with our legal and regulatory obligations

The above table does not apply to special category personal data, which we will only process with your explicit consent.

Promotional communications

We may use your personal data to send you updates (by email, text message, telephone or post) about legal developments that might be of interest to you and/or information about our services, including exclusive offers, promotions or new services or products.

We have a legitimate interest in processing your personal data for promotional purposes (see above ‘How and why we use your personal data’). This means we do not usually need your consent to send you promotional communications. However, where consent is needed, we will ask for this consent separately and clearly.

We will always treat your personal data with the utmost respect and never sell OR share it with other organisations outside BTMK for marketing purposes.

You have the right to opt out of receiving promotional communications at any time by:

We may ask you to confirm or update your marketing preferences if you instruct us to provide further services in the future, or if there are changes in the law, regulation, or the structure of our business.

Who we share your personal data with

We routinely share personal data with:

We only allow our service providers to handle your personal data if we are satisfied they take appropriate measures to protect your personal data. We also impose contractual obligations on service providers relating to ensure they can only use your personal data to provide services to us and to you.

We may disclose and exchange information with law enforcement agencies and regulatory bodies to comply with our legal and regulatory obligations.

We may also need to share some personal data with other parties, such as potential buyers of some or all of our business or during a re-structuring. Usually, information will be anonymised but this may not always be possible. The recipient of the information will be bound by confidentiality obligations.

Where your personal data is held

Information may be held at our offices, third party agencies, service providers, representatives and agents as described above (see ‘Who we share your personal data with’).

Some of these third parties may be based outside the European Economic Area. For more information, including on how we safeguard your personal data when this occurs, see below: ‘Transferring your personal data out of the EEA’.

How long your personal data will be kept

We will keep your personal data after we have finished advising or acting for you. We will do so for one of these reasons:

We will not retain your data for longer than necessary for the purposes set out in this policy. Different retention periods apply for different types of data. Further details on this are available in our Information Retention and Data Protection Policies.

When it is no longer necessary to retain your personal data, we will delete or anonymise it.

Transferring your personal data out of the EEA

To deliver services to you, it is sometimes necessary for us to share your personal data outside the European Economic Area (EEA), eg:

These transfers are subject to special rules under European and UK data protection law.

If you would like further information please contact our Data Protection Officer (see ‘How to contact us’ below).

Your rights

You have the following rights, which you can exercise free of charge:

For further information on each of those rights, including the circumstances in which they apply, please contact us or see the Guidance from the UK Information Commissioner’s Office (ICO) on individuals’ rights under the General Data Protection Regulation.

If you would like to exercise any of those rights, please:

Keeping your personal data secure

We have appropriate security measures to prevent personal data from being accidentally lost, or used or accessed unlawfully. We limit access to your personal data to those who have a genuine business need to access it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

Use of the Hoowla Quoting Tool

Please note that the Marcus Baum Quoting Tool on the homepage and other areas of our website is powered by Hoowla.  For the tool to work, when you input your data into the quoting tool, that data will be shared with Hoowla in order for your quote to be generated. If you do not wish your data to be shared, then please contact us directly to obtain your quote and not through the Hoowla quoting tool.

Hoowla do not sell or share your data with any other third party.  The data is used to run reports, to provide general statistics for Hoowla and Marcus Baum’s internal use only and your data is always available to be downloaded to be provided to you if required in accordance with the remainder of this policy.

Hoowla’s own privacy policy can be located on their website.

How to complain

We hope that our Data Protection Officer can resolve any query or concern you may raise about our use of your information.

The General Data Protection Regulation also gives you right to lodge a complaint with a supervisory authority, in particular in the European Union (or European Economic Area) state where you work, normally live or where any alleged infringement of data protection laws occurred. The supervisory authority in the UK is the Information Commissioner who may be contacted at https://ico.org.uk/concerns or telephone: [0303 123 1113].

Changes to this privacy policy

This privacy policy was published on 02/07/2018 and last updated on 02/07/2018.

We may change this privacy policy from time to time; when we do we will inform you by email or post.

How to contact us

Please contact us and/or our Data Protection Officer by post, email or telephone if you have any questions about this privacy policy or the information we hold about you.

Our contact details are shown below:

Our contact details Our Data Protection Officer’s contact details
19 Clifftown Road Southend-on-Sea Essex SS1 1AB

Mr Lee Emptage
19 Clifftown Road, Southend-on-Sea, Essex SS1 1AB
Email: lee.emptage@btmk.co.uk
Tel: 01268 211999

Do you need extra help?

If you would like this policy in another format (for example audio, large print, braille) please contact us (see ‘How to contact us’ above).

Call for a free chat

Give us a call today for a FREE initial chat with one of our legal experts.

Get in touch

BTMK & The New National Restrictions

From 5th November 2020 until 2nd December 2020, BTMK will not be able to see visitors or clients at any of our offices. We are otherwise fully open for business and we can be contacted by telephone, e-mail or live chat through the website.

We hope all of our clients, colleagues, friends and visitors all stay safe and well.