Melrose & Porteous will be a "controller" of the personal information that you provide to us when you instruct us to act on your behalf.
When you become a client of Melrose & Porteous, we will collect, store and use the personal information that you provide to us in your instructions and during the course of our solicitor / client relationship. We may ask you for additional personal information during the course of our client / solicitor relationship, which shall be collected, stored and used in accordance with this privacy notice.
We also collect, store and use the following personal information relating to you when you become our client from third parties, for example Estate Agents, accountants, financial advisors, other Solicitors, insurance companies, banks, lenders, search information providers, credit reference agencies and fee assessors from other people you know including family members and people you are financially linked to. This also includes organisations and individuals who are our clients in circumstances where you are a party to or otherwise involved in a matter on which we are instructed, for example as a witness, beneficiary, guarantor, buyer, seller, debtor, defender, pursuer, employee or employer. This will include salaries, pensions, dividends and other earnings, data used to make assessments of your ability to meet existing or potential financial obligations, information about money individuals owe or could owe and an individual’s assets.
This may also include information about an individual’s bankruptcy, information about a public office held by an individual, information regarding inhibitions, ownership of land held by the Land Register, information from Courts or Tribunals, information from credit agencies to verify identity.
We need to collect our clients' personal information so that we can perform services for you. We will use our clients' personal information to:
We will provide the Law Society of Scotland with names of individuals for whom our Solicitors act under Powers of Attorney.
If you do not provide us with all of the personal information that we need to collect then this may affect our ability to provide you with legal advice and/or represent you as your solicitors.
We also process our clients' personal information in pursuit of our legitimate interests to:
Where we process your personal information in pursuit of our legitimate interests, you have the right to object to us using your personal information for the above purposes. If you wish to object to any of the above processing, please contact us on 01361 882752.
If we comply with your objection, this may affect our ability to undertake the tasks above for the benefit of you as a client.
We are under a legal obligation to process certain personal information relating to our clients for the purposes of complying with our obligations under:
We may be required to share personal information with statutory of regulatory authorities and organisations to complete with Statutory Obligations, such organisations include:
Melrose & Porteous employs third party suppliers to provide services including I.T, payroll, preparation of accounts etc. and these suppliers may process personal data on our behalf as processors and will be subject to written contractual conditions to only process that personal data under our instructions and to protect it. In the event that we do share personal data with external third parties, we will ensure that such personal data is strictly required for the specific purposes and take reasonable steps to ensure that the recipients shall only process the disclosed personal data in accordance with those purposes.
Your personal information is stored in our electronic filing system and our servers based in the U.K and E.U. and is accessed by our staff for the purposes set out above. If we require to transfer your personal information outwith the E.U. we will provide you with information regarding the safeguards that we have put in place with the recipient country to protect your personal information.
We are required by the Law Society of Scotland, other regulators and insurers to retain your data even after we have ceased to act for you. The period of retention required is set by the Law Society of Scotland however varies with the applicable type of business, but is typically for a period of 10 years. To ensure we comply with all such requirements, it is the policy of the firm to retain all data for a period of at least seven years from the end of the period concerned.
All staff with access to your information have a duty of confidentiality under the Law Society of Scotland Requirements for Solicitors which we are required to follow.
We do have a data retention policy that sets out the periods for retaining and reviewing all information that we hold. This sets out different retention periods and you can request a copy by contacting us at Melrose & Porteous, 47 Market Square, Duns TD11 3BX.
You can exercise any of the following rights by writing to us at Melrose & Porteous, 47 Market Square, Duns TD11 3BX.
Your rights in relation to your personal information are:
Any requests received by Melrose & Porteous will be considered under applicable data protection legislation. Any enquiries should be address to Melrose & Porteous, 47 Market Square, Duns TD11 3BX. If you remain dissatisfied, you have a right to raise a complaint with the Information Commissioner's Office at www.ico.org.uk