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Part of the MacRoberts Group
Murray Snell MacRoberts Group Privacy Notice
MacRoberts Group Privacy Notice
Welcome to the MacRoberts Group Privacy Notice (“Notice”).
This Notice describes how the MacRoberts Group collects, uses and shares
the information you provide to us and the information we collect in the
course of operating our business and our websites.
In this Notice, where we refer to “we” “us” or “our” we are referring to
the MacRoberts Group. The MacRoberts Group consists of: MacRoberts LLP
(including MacRoberts LLP trading as Murray Snell WS), MacRoberts Trustees
Limited, MacRoberts Corporate Services Limited, Yuill & Kyle Limited,
The Shareholding & Investment Trust Limited and The Shareholding &
Investment (Property) Limited.
For the most part, this Notice refers to the activities of all the members
of the MacRoberts Group and it applies whenever we collect your personal
data (including when you use our Website or other digital platforms or
otherwise are communicating with us), so please read it carefully. There
are however provisions that are different across the members of the
MacRoberts Group, which shall apply to you depending on which firm you are
a client of and this is explained in this Notice.
We may revise this Notice at any time by amending this page. You are
expected to visit this page from time to time to note any changes we make,
as they affect you.
Please take the time to read it and should you have any queries please see
our Contact Us Section (Section 9).
What is this Notice for?
This Notice explains:
- Who we are?
- What personal information we collect, how we use your personal data and
the legal basis for processing it - How long your personal data will be kept
- The third parties with whom we may share your data
- How we protect your information
- Your rights in relation to your information
- Cookies
- Transferring your personal data outside the UK and the European
Economic Area - How to contact us
1. Who we are?
Please choose the relevant organisation that you have been in contact
with:
|
MacRoberts LLP |
MacRoberts LLP is a limited liability partnership with MacRoberts LLP is the controller of your personal data that If you have any questions about this Notice, including |
|
Murray Snell WS |
Murray Snell WS is a trading name of MacRoberts LLP. MacRoberts LLP is the controller of your personal data that If you have any questions about this Notice, including |
|
Yuill & Kyle Limited |
Yuill & Kyle Limited is a private limited company with Yuill & Kyle Limited is the controller of your personal If you have any questions about this Notice, including |
2. What personal information we collect, how we use it and the legal
basis for processing it.
We may collect, use, store and transfer different kinds of personal data
about you which we have grouped together as follows:
Identity Data
includes title, first name, middle name(s), last name, username or similar
identifier, the organisation you work for (where relevant), your job title
or position, date of birth, geographic location, photograph or image and
other information to enable us to check and verify your identity (for
example your passport or driving licence and utility bills or bank
statements). We may also collect photographs or video recordings of you
where you attend our meetings or events or via electronic identity
verification services.
Contact Data
includes billing address, residential and/or business address, email
address and telephone numbers (business and/or personal including mobile
phone and fax) and social media such as twitter account name.
Financial Data
includes bank and building society accounts and payment card details and
other billing information; payments made to us and payments made on your
behalf and/or in connection with your transactions; credit reference
checks; and other payment and/or financial data to enable us to carry out
fraud and/or identity checks and/or to verify the source of funds and/or
the source of wealth, as well as information collected from publicly
available resources and/or credit agencies or any other information needed
to enable us to undertake credit or financial checks on you.
Transaction Data
includes details about the legal services relating to the matter on which
you or your organisation have instructed; the information we will process
about you to open our files and administer the client relationship and any
credit checks we may have carried out.
Voice Recordings
which will include any information that you provide to us when you leave a
voicemail message or when you telephone. All telephone calls are recorded
in order to allow the MacRoberts Group to assess the quality of their
services, to ensure (where relevant) compliance with the Common Financial
Tool guidance and requirements (which are used to assess a debtor’s
contribution in all of the available statutory debt solutions), and to
assess where appropriate training is required for the MacRoberts Group
staff to maintain quality of service.
Video Recordings
(including still images and sounds captured during a video recording and
any information that you provide to us during that video recording) when
used to carry out customer due diligence (notably verification of identity)
as referred to in our Letter of Engagement with you (or your organisation)
and/or as required by law and/or guidance relating to anti money laundering
and countering the financing of terrorism and/or for the purposes of
sanctions checks or otherwise where you have agreed to the recording for
the purposes of carrying out our legal services.
Health Data
which includes data provided to us or we may need to know about where you
are visiting any of our premises such as accessibility or mobility concerns
that you have; dietary requirements; or other health matters which could
affect your use of our services or the way we need to provide our services.
We will only do so to the extent that processing relates to personal data
which are manifestly made public by you or otherwise with your consent.
Additional Data
which includes personal information about you we receive from third parties
to enable us better to provide our services and/or to conduct customer due
diligence, and/or recruitment. Such third parties will include (but not
limited to) other parties in a transaction including their law firm,
counsel, accountants and other professional advisors; or law firms,
accountants and other professional advisors who may refer your matter to us
and/or who may be acting for you in relation to other aspects of a
particular matter; banks, building societies, insurers, and other financial
institutions; courts and court agents (including sheriffs’ officers),
regulatory bodies, surveyors and estate agents; personal representatives,
attorneys, trustees and executors; credit reference agencies; employers;
education providers; the providers of electronic identity verification
services; and regulatory bodies such as the Scottish Legal Complaints
Commission and the Law Society of Scotland or similar bodies.
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 our website(s).
Profile Data
includes purchases or orders made by you, your interests, preferences,
feedback and survey responses.
Usage Data
includes information about how you use our website(s), products and
services.
Marketing and Communications Data
includes your preferences in receiving marketing from us and our third
parties and your communication preferences.
Special 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, membership of a professional body or trade
association, information about your health and genetic and biometric data)
may also need to be collected in limited circumstances in order to provide
you with our legal services. We may also do so when conducting customer due
diligence, notably where we obtain photographic images or video recordings
of you as part of the process of verifying your identity.
Criminal convictions and offences
information about you may also be needed from time to time in order to
enable us to provide you with our services and/or to conduct customer due
diligence.
Our Services are not directed at children and we do not proactively collect
their personal data. However we may process the personal data of children
as part of providing Services to you, for example, in dealing with a
divorce or visitation rights or the administering of a trust. We process
such personal data only where necessary and appropriate for the Services
for which we have been appointed.
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 Notice.
Where you are not a client we may collect or receive personal information
about you because you are involved in a matter on which we are advising our
client or have advised our client. For example, if you are providing
funding to our client in connection with a matter, we may require to
satisfy ourselves of your identity and to obtain information about the
source of funds and/or wealth, in order to comply with our policy and/or
legislation and/or guidance relating to anti money laundering and
countering the financing of terrorism, and to conduct sanctions checks. If
you are a beneficial owner of our client, we may need to collect similar
personal data about you.
Any personal data obtained by MacRoberts for the purposes of our compliance
with The Money Laundering, Terrorist Financing and Transfer of Funds
(Information on the Payer) Regulations 2017 (“MLR 2017”) will be processed
only (a) for the purposes of preventing money laundering or terrorist
financing, (b) as permitted by or under any legislation other than the MLR
2017 or the GDPR (as defined in the MLR 2017), or (c) where we have
obtained the consent of the individual.
We have set out below, in a table format, a description of the personal
information we collect and how we collect it.
3. How long your personal data will be kept
We will in many circumstances retain the personal data that we collect.
Where we do, the length of time we shall retain it for shall be determined
by a number of factors, including the type of data, the purpose for which
we use that data including our legal and regulatory obligations which we
must comply with when we collect and process personal data. We will also
take into account the amount, nature and sensitivity of the personal data,
the potential risk of harm from unauthorised use or disclosure of personal
data.
We will not retain personal data for longer than is necessary and shall
retain personal data in accordance with our retention policies. If you or
your organisation are a client of any entity in the MacRoberts Group, we
may retain personal data in accordance with our Letter of Engagement with
you or your organisation. If you have contacted us regarding recruitment;
we will only hold your CV, applications and other information for 8 months
after the completion of the recruitment process if unsuccessful.
In some circumstances you can ask us to delete your data: please see
section 6 “Your rights in relation to your information” below.
4. The third parties with whom we may share your data
To provide you with our services or other products or services and for
administrative and billing purposes (including anti money laundering,
countering the financing of terrorism, and sanctions checks), your personal
information may be shared among the MacRoberts Group: MacRoberts LLP
(including MacRoberts LLP trading as Murray Snell WS), MacRoberts Trustees
Limited, MacRoberts Corporate Services Limited, Yuill & Kyle Limited,
The Shareholding & Investment Trust Limited and The Shareholding &
Investment (Property) Limited. We shall do so always on a confidential
basis.
We may also have to share your personal information with third parties.
Such third parties will usually be bound by obligations of confidentiality,
in connection with the processing of your personal data for the purposes
described in this Notice. Such third parties may include but is not limited
to:
- Third parties relevant to the legal services that we provide. This may
include, but is not limited to:
counterparties to transactions or litigation (including their
lawyers), other professional service providers such as lawyers and
accountants, counsel, barristers, arbiters, arbitrators, mediators,
clerks, trade mark and patent agents, medical professionals, expert
witnesses, witnesses, tax advisors or valuers, regulators,
authorities, and governmental institutions; - Third party identity verification service providers used to carry out
identity checks for the purposes of customer due diligence, including
but not limited to, Amiqus and SmartSearch processing personal data in
the UK; - confidential waste management, suite of IT and communications service
providers and other technology providers, including but not limited to
security software providers, door access management providers, document
processing and translation services, document and information storage
providers some of whom may store personal data in cloud based data
centres processing data in the UK, EEA and Canada where there is an
adequacy decision; - our marketing platform provider, currently Mailchimp, processing
personal data in the US; - We may also require to share your personal information with regulators,
government departments, law enforcement authorities, tax authorities,
professional advisors, financial institutions and insurance companies
including but not limited to:
the Law Society of Scotland, the Scottish Legal Complaints
Commission, Land Registry, Registers of Scotland, Companies House,
Office of the Public Guardian, National Crime Agency, lenders,
Revenue Scotland, HMRC and other tax authorities; - Any other person who is authorised to act on your behalf;
· Professional indemnity or other relevant insurers;
- Foreign law firms (and associated regulators) should you need advice
for outwith Scottish jurisdiction;
· Third party agents/suppliers or contractors to allow us to organise
and run the business of the MacRoberts Group,
this may include, but is not limited to:
- third parties providing legal directories for example, Legal 500,
Chambers and Partners, Who’s Who Legal and IP Stars; WTR100; - our general insurers, auditor and accountants, pension providers, banks
and other financial institutions, providers of electronic verification
services, credit reference agencies and regulatory bodies; - third parties who assist the MacRoberts Group in general advertising,
marketing, promotional, tendering activities (e.g. organising assisting
us with our events, issuing of client updates / bulletins, seminars,
training, business development and networking opportunities); - persons in connection with any sale, merger, acquisition, disposal,
reorganisation or similar change in the MacRoberts Group business.
Please note this above list is non-exhaustive and there may be other
examples where we need to share personal data with other parties in order
to provide our services and/or to conduct customer due diligence.
We typically undertake a search with a credit reference agency and/or other
electronic verification service provider to verify an individual’s
identity, including but not limited to persons such as directors, officers,
instructing individuals, the beneficial owners of corporate entities, the
trustees and/or beneficiaries of trusts, and any agent acting on the
client’s behalf. The credit reference agency and/or service provider may
check the information supplied against any particulars on any database
(public or otherwise) to which it has access. The credit reference agency
and/or service provider may also use such information in future, and the
fact that a search was made, to assist other persons or entities for the
purposes of verification, assessing the risk of giving credit, tracing
debtors, tracing other individuals for the purposes of returning monies,
credit balances, intestate estates and family matters, or to provide
necessary information in relation to such similar matters, and/or to
prevent fraud and/or money laundering. A record of any search may be
retained by MacRoberts and/or by the credit reference agency and/or service
provider.
The privacy notice issued by the credit reference agency TransUnion
Information Group at
https://www.transunion.co.uk/legal-information/bureau-privacy-notice
applies where we undertake electronic verification checks via the Amiqus ID
system.
If you wish to find out more information about the specific third
parties we share your information with, please contact us using the
‘How to contact us’ section below (Section 9).
5. How we protect your information
We have in place administrative, technical and physical measures designed
to guard against and minimise the risk of loss, misuse or unauthorised
processing or disclosure of the personal data that we hold.
In addition to the above, MacRoberts LLP and Yuill & Kyle complies with
leading UK and global information security standards governing the
confidentiality, integrity and availability of data. Both group entities
are certified against Cyber Essentials, ISO27001:2013 and ISO22301:2019.
6. Your rights in relation to your information
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 personal 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 it 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.
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 products or services to
you. We will advise you if this is the case at the time you withdraw your
consent.
|
MacRoberts LLP |
You can exercise you rights by contacting us at |
|
Murray Snell WS |
You can exercise you rights by contacting us at |
|
Yuill & Kyle Limited |
You can exercise you rights by contacting us at |
You will not 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.
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.
7. Cookies
In common with many other website operators, we use standard technology
called “cookies” on our websites. please see our cookies policies below
explaining the cookies we use on our websites.
- MacRoberts LLP –
https://www.macroberts.com/cookies-policy/ - Yuill & Kyle Limited –
https://www.macroberts.com/cookies-policy/ - Murray Snell WS – available on Murray Snell WS website www.murraysnell.com
8. International data transfers
The data that we collect from you will usually be stored inside the UK or
the EEA. However, in providing our services it may be necessary for us to
share your personal data outside the UK or the EEA.
We will only do so where:
- We need to share your details to instruct lawyers or other
professionals in foreign jurisdictions; - We share your personal data with relevant regulatory bodies or law
enforcement organisations; - Where you are based outwith the UK or the EEA and we are required to
process your personal data; - Where your service providers are based outwith the UK or the EEA; and
- Where our service providers are based outwith the UK or the EEA.
Where we do share your personal information in the above situations we
shall ensure that appropriate safeguards are put in place (such as Standard
Contractual Clauses) to ensure that the transfer of your personal
information complies with the current applicable data protection
legislation.
9. How to contact us
Please choose the relevant organisation you have been in contact with
(or a client of):
|
MacRoberts LLP |
Our full details are: Full name of legal entity: MacRoberts LLP Contact: Philip McCrossan Email: Postal Address: Capella, 60 York Street, Glasgow, G2 8JX. Telephone Number: 0141 303 1100 You have the right to make a complaint at any time to the |
|
Murray Snell WS |
Our full details are: Full name of legal entity: MacRoberts LLP (trading as Contact: Philip McCrossan Email: Postal Address: Capella, 60 York Street, Glasgow, G2 8JX. Telephone Number: 0141 303 1100 You have the right to make a complaint at any time to the |
|
Yuill & Kyle Limited |
Our full details are: Full name of legal entity: Yuill & Kyle Limited Contact: Philip McCrossan Email: Postal Address: Capella, 60 York Street, Glasgow, G2 8JX. Telephone Number: 0141 303 1100 You have the right to make a complaint at any time to the |
This Notice was last updated on 13 September 2021 and
supersedes all previous versions.