What is the purpose of this document?
The purpose of this Privacy Notice is to make you aware of how and why your personal data will be used, and how long it will usually be retained for. It provides you with certain information that must be provided under the General Data Protection Regulation.
We are committed to being transparent about how we collect and use your data.
Data protection principles
We will comply with data protection law and principles, which means that your data will be:
- Used lawfully, fairly and in a transparent way.
- Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
- Relevant to the purposes we have told you about and limited only to those purposes.
- Accurate and kept up to date.
- Kept only as long as necessary for the purposes we have told you about.
- Kept securely.
The kind of information we hold about you
In connection with your application for work with us, we will collect, store, and use a range of data, including the following categories of personal information about you:
- Name and address
- Job title
- Work history
- Credit history
- Results of Veriphy search (anti-money-laundering and credit checking service)
- Bank account and payment details
- ID documentations
- Contact preferences
- Information about criminal activity
- Subscription details
- Issues relating to confidential employment matters you instruct us on.
We may also collect, store and use the following “special categories” of more sensitive personal information:
- Information about your race or ethnicity, religious beliefs, sexual orientation and political opinions, including the right to work in the UK for legal and equal opportunities monitoring
- Information about your health, including any medical condition, health and sickness records.
- Information about criminal convictions and offences.
How is your personal information collected?
We collect personal information about candidates from the following sources:
- You, the client;
- Your employer, where you are not the employer;
- The other side in contentious matters
How we will use information about you
- We will use the personal information we collect about you to:
- Advise you on the matters you have chosen to instruct us about;
- Decide whether to enter to accept your instructions/retainer
- Litigate and negotiate on your behalf on employment matters
- Arrange payment of our fees
- Comply with our legal and regulatory obligations
- Ensure compliance with our obligations to avoid conflicts of interest
- For recommendations/testimonials on our website/legal publications (with your consent only).
How we use particularly sensitive personal information
We will use your particularly sensitive personal information in the following ways:
- We will use information about your disability status to consider whether we need to provide appropriate adjustments during the period of our instructions, for example whether adjustments need to be made to assist you
- Where we are advising you personally we will use information about your health, race or national or ethnic origin, religious, philosophical or moral beliefs, criminal convictions or your sexual life or sexual orientation, to ensure appropriate advice in relation to your employment issues.
You will not be subject to decisions that will have a significant impact on you based solely on automated decision-making.
We will only share your personal information with the following third parties for the purposes of processing your application: IT service providers, insurers, auditors, professional advisors including solicitors and accountants, credit check agencies, legal publications and on our website (with your consent only). All our third-party service providers are required to take appropriate security measures to protect your personal information in line with our policies. We do not allow our third-party service providers to use your personal data for their own purposes. We only permit them to process your personal data for specified purposes and in accordance with our instructions.
We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need-to-know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.
We will retain your personal information for a minimum of 7 years. We retain your personal information for that period so that we can show that, in the event of a legal claim, we have acted in accordance with our obligations. After this period, we will securely destroy your personal information in accordance with our data management policy.
If we wish to retain your personal information on file, on the basis that a further opportunity may arise in future and we may wish to consider you for that, we will write to you separately, seeking your explicit consent to retain your personal information for a fixed period on that basis.
We do not usually hold original documentation, but, in the event we do, this will be returned to you before the file is destroyed.
In relation to prospective individual clients (as opposed to organisations), who decide not to instruct Mitchell Law, we will retain the following information for up to 7 years: your name, address, contact details, employer organisation and/or brief details of the employment law issue in order to enable us to ensure compliance with avoiding conflicts of interest
Rights of access, correction, erasure, and restriction
Under certain circumstances, by law you have the right to:
- Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
- Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
- Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it.
- Object to processing of your personal information 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. You also have the right to object where we are processing your personal information for direct marketing purposes.
- Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
- Request the transfer of your personal information to another party.
If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal data, or request that we transfer a copy of your personal information to another party, please contact our Director, Catherine Mitchell in writing.
If you believe that we have not complied with your data protection rights, you can complain to the Information Commissioner.
Changes to this privacy notice
We reserve the right to update this privacy notice at any time, and we will provide you with a new privacy notice when we make any substantial updates. We may also notify you in other ways from time to time about the processing of your personal information.
If you have any questions about this privacy notice, please contact our Director, Catherine Mitchell, or the fee earner you are dealing with.