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Privacy Policy

DATA PRIVACY NOTICE

1.         Introduction

mosshaselhurst is committed to protecting your personal information.  In this notice reference to “we” or “us” means mosshaselhurst Solicitors.  This notice explains how we collect and use the personal information about you, purposes of running our website and informing you of our commitment to the UK General Data Protection Regulation (UK GDPR) and other applicable data protection laws.

This Privacy Notice was published on 25 May 2018 and last updated on 15th July 2026. We constantly review our internal privacy practices and may change this policy from time to time.  The most up to date Privacy Notice will always be available on our Website.

2.         About us

mosshaselhurst was founded in 1906 and has offices in Northwich and, Winsford. The Directors are Gerard Rooney, Joanne Charles, Robert Gore and Mark Evans. The Firm was incorporated as Moss Law Ltd (trading as mosshaselhurst in 2012), Company registered office – 2 Castle Street, Northwich, Cheshire, CW8 1AB, registered in England and Wales, Company Number 7939100.  We are authorised and regulated by the Solicitors Regulatory Authority.

mosshaselhurst Solicitors is a Data Controller under the Data Protection Rules and is registered with the Information Commissioner’s Office with registration number Z5510004.  Our Data Protection Officer is Joanne Charles – joanne.charles @mosshaselhurst.co.uk.  Our Deputy Protection Officer is Tracey Slater tracey.slater@mosshaselhurst.co.uk

3.         Data Protection Principles

            Personal data must be processed in accordance with the six ‘Data Protection Principles’ under the DPA and GDPR i.e. it must:

Be processed fairly, lawfully and transparently;

Be collected and processed only for specified, explicit and legitimate purposes;

Be adequate, relevant and limited to what is necessary for the purpose for which it is processed;

Be accurate and kept up to date to be the best of our knowledge.  Any inaccurate data will be rectified or deleted without delay;

Not to be kept for any longer than is necessary for the purposes for which it is processed and;

Be processed securely.  

We are accountable for these principles.  mosshaselhurst will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with the principles of the UK General Data Protection Regulation (UK GDPR) and other applicable data protection laws.

4.         Children

            Our website and services are not aimed specifically at children because in legal work children are generally represented by their                    parents or guardians.  If you are a child   and need further advice or explanation about how we would or do use your data,                              please contact our Data Protection Officer – Joanne Charles who may be able to assist.

5.         Personal data

            The exact information we will request from you will depend on what you have asked  us to do or what we are contracted to do for                    you.

            This Data Privacy Notice is intended for clients and prospective clients only.  Applicants for employment and employees have their                  own Data Privacy Notices.

            Typically we will need your full name, address, date of birth, e-mail and telephone  numbers and if a transaction is involved, your                     banking details will be needed too. In other cases we may need to ask you about medical or other information of a sensitive nature                 if this is required to carry out your work.

            To comply with our legal obligations to verify your identity we are likely to require you  to provide copies of certain documents and                   to respond to any queries we may have. If a transaction is involved we will be asking about the source of funds and requesting                        supporting documents. As part of this process we will carry out on-line searches to   assist us in verifying your identity. Whilst we                    appreciate that such requests can be intrusive, we are unable to proceed with your work until these checks have been                                    completed. Once your matter has been concluded the file will be archived for a minimum of six years, although you will be                               advised as to exact timescale once your matter has concluded.

6.         Categories of personal data held

            We always keep requests for information to the minimum level required to carry out  your work.

            In the majority of cases this personal data will be restricted to basic information such as name, address, contact details and                            information needed to complete ID checks.

            However, some of the work we do may require us to ask for more sensitive personal data, including:

racial or ethnic origin;

political opinions;

religious beliefs or philosophical beliefs;

trade union membership;

physical or mental health or condition;

sex life and sexual orientation;

genetic data; or

biometric data used to uniquely identify an individual

            In certain cases we may need to share this information with third parties, such as medical professionals if you have had an accident.              This is only done when there are safeguards in place to ensure that the information remains confidential and secure.

7.         Sources of information

            We may obtain information about you from a number of sources/Third Parties for example :-

You may volunteer the information. This could be done verbally, in writing (for example, by letter, e-mail or fax) or input through our websites. You must have the authority to disclose personal data if it relates to someone else and all data disclosed should be complete, accurate and up to date.

Information may be passed to us by third parties in order that we can carry out our legal work on your behalf. Typically these organisations may be:

Banks or building societies

Panel providers who allocate legal work to law firms

Organisations that have referred work to us

Other professional service firms such as accountants or independent financial advisors

On websites non-identifiable information on you may be collected.  Our website uses cookies which allow a server to uniquely identify each browser on each page in accordance with our Cookies Policy.

Because of the nature of our work, data is never received from publicly accessible sources.

8.         Use of your personal data

            The primary reason and the purpose of processing and for asking you to provide personal data is to allow us to carry out your                         requests, for example, to provide a quote or to carry out your contractual and/or statutory legal work.

             We rely on the following legal basis for processing your information  :-        

Necessary for performance of a Contract (client instructions);

Necessary for compliance with a legal obligation (for example Anti-Money Laundering);

Legitimate interests (ie. marketing other justifiable services offered by the Firm);

Necessary for the establishment, exercise or defence of legal claims  - sensitive data.

            Your information may be used for:

Verifying your identity and to establish the funding of any transaction you have asked us to carry out on your behalf. In a limited number of cases, where funding is being provided by family member or third party, we may need to ask you to obtain information from them and personal information provided to us will also be subject to the terms of this Data Privacy Notice;

The detection of fraud;

Communicating with you during the matter;

Providing you with advice, to carry out litigation on your behalf or on behalf of any organisation you represent, prepare documents or to complete transactions on yours or your organisation’s behalf;

Keeping financial records of your transactions and the transactions we make on your behalf. We do not store payment card information;

Seeking advice from third parties in connection with your matter;

Assisting you with the funding of your matter if it involves Legal Aid or ‘no win no fee’;

Responding to any complaint or allegation of negligence against us;

Internal management and planning, which includes:

       Resource management;

       Planning of tasks or meetings;

Keeping records of sources of work and new enquiries; and

Storage and archiving of files and documents.

Providing you with information about further legal work or services that could benefit you, whilst we are carrying out your work.

9.         Disclosure of data

During the course of carrying out your legal work we are likely to need to disclose some information to parties outside mosshaselhurst but these disclosures are only made when required by your work. Examples might include providing your information to:

HM Land Registry to register a property

HM Revenue and Customs for your Stamp Duty Land Tax liability

A Court or Tribunal;

The solicitors acting on the other side of your matter;

Legal Counsel or non-legal experts to obtain advice or assistance on your matter;

The bank or building society or other lender providing mortgage finance

The Insurance Company funding a ‘no win no fee’ matter for you

Consultants providing us with independent quality checks of your files.

Solicitors Accounts Rules Auditors as part of their regulatory checking on behalf of the Solicitors Regulation Authority and the Solicitors Regulation Authority themselves;

Solicitors representing our interests in the event of a claim against us by you;

A prospective purchaser (or their advisors) of this business under a binding non-disclosure agreement;

The providers of identity verification and assurance tools in order to confirm that we can take you on as a client; and

Any disclosure required by law in particular in relation to the prevention of financial crime and terrorism.

There are some uses of personal data that require your specific consent. We will be contacting you to explain what they are and to ask for your consent, which you are free to withdraw at any time.

We do not intend to transfer your personal data to a third party country but if we do we will obtain your consent.

10.       How long we keep your information for

            Information may be held in computers or manual files. We only retain the information for as long as is necessary to:

Carry out your work;

As is required to be kept by law;

Until the period that you could make a claim against us has elapsed, which is usually seven years after the matter concluded or, if we acted for a child under 18, when they reach their 25th birthday;

If we have acted in a matter in which you had suffered mental impairment or a provisional award has been made, then the file can be kept for up to 100 years from the data of birth;

     For the duration of a trust, plus six years;

     Wills and related documents can be kept for 75 years from date the will was signed;

Probate matters where there is a surviving spouse or civil partner are retained until the survivor has died in order to deal with the transferable Inheritance Tax allowance;

Deeds related to unregistered property are kept indefinitely as they evidence ownership; and

Comply with any client instructions to extend the retention period in relation to their documents.

             Information obtained from prospective clients is kept for up to six months for the purpose of providing quotations and any                                 subsequent follow up.

11.       Sharing of Data

            We do not share personal information with third parties unless we need to do so.  Data may be shared to complete client’s legal                       work and as required by law.

            As your information will be stored on computer, it could be shared with our system maintainers for fault diagnostics but we will take                steps to protect your data should third party access be required. We never sell your personal information to third parties.

We may share data for the purpose of preventing money laundering of terrorist financing unless such processing is permitted by law or the client consents to any alternative use of the data.

12.       Data Protection and Security         

            We have technological and operational security policies and procedures in place to  protect your data from loss, misuse, alteration                  or  unintentional destruction.  Our  personnel who have access to the information have been trained to respect your                                        confidentiality and to look after the data in our possession.

13.       Inaccurate Information

            If you think any information we hold about you is incorrect or incomplete or has been changed since your first told us please let us                  know as soon as possible so that we can update our records.

14.       Access to your Personal Information

            The General Data Protection Regulations replace the Data Protection Act 1998 on 25th May 2018.

            Under both sets of regulations you are entitled to request a copy of your personal data but if your request is received prior to 25th                  May, then a fee of £10 is payable. If you wish to make a subject access request, please contact the person dealing with your matter                initially.

            A subject access request entitles you to a copy of the personal data we hold on you.  The focus of the information we have to                          provide is you and will include such things as   records of your name, address, contact details, date of birth etc. This means that a                  subject access request will not normally result in you getting a copy of a file because  the focus of the documents it contains are                    likely to be the transaction or legal matter rather than your personal information.

15.       Your Data Protection Rights

Under the UK GDPR, you have a number of important rights that you can exercise free of charge. In summary, these rights are:

               Transparency over how we use your personal data and fair processing of your information;

                Access to your personal information and other supplementary information;

                Rectification - require us to correct any mistakes or complete missing information we hold on you;

                Erasure - require us to erase your personal information in certain circumstances;

                Receive a copy of the personal information you have provided to us 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;

                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;

                Restriction – request that we restrict our processing of your personal information in certain circumstances;

                Data portability – ask that we transfer the information you gave us to another organisation, or to you, in certain circumstances.

               Where we use automated decision-making that significantly affects you, receive information about the decision, make                                     representations about it, request that a person reviews it, and contest the outcome.

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:

Email, call our write to us (details at paragraph 2)

Provide other information so that we can identify you. We may need to contact you to request further information to verify your identity;

Let us have proof of your identity and address;

State the right or rights that you wish to exercise.

We will respond to you within one month from when we receive your request.

16.       How to make a complaint

If you have a concern about how we have handled your personal data, you can raise a complaint with us directly through any of the following channels:

Email;

Post;

In person at any of the firm’s offices.

(details at paragraph 2)

We will acknowledge your complaint within 30 days and respond without undue delay.

If you are not satisfied with our response, or if you would prefer to go directly to the regulator, you also have the right to lodge a complaint with the Information Commissioner's Office (ICO), the UK's data protection supervisory authority. You can make a complaint to the ICO by calling 0303 123 1113 or via the complaints tool on their website: https://ico.org.uk/make-a-complaint