Privacy Notice

This privacy notice (the “Notice”) describes how MacRoberts LLP collects, uses and shares the information you provide to us and the information we collect in the course of operating our business and our website www.macroberts.com.

In this Notice where we refer to MacRoberts or “we” “us” or “our” we mean MacRoberts LLP and other entities which are separately constituted and regulated entities and that are associated with us, these being MacRoberts Pension Trustees Limited, Yuill & Kyle Limited, the Shareholding & Investment Trust Limited and The Shareholding & Investment (Property) Limited.

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.

What is this Notice for?

This privacy Notice explains:

  1. Who we are?
  2. What personal information we collect and how we collect it
  3. How we use your personal information and the legal basis for processing it
  4. The third parties with whom we may share your data
  5. How long your personal data will be kept
  6. How we protect your information
  7. Your rights in relation to your information
  8. Cookies
  9. Transferring your personal data outside the European Economic Area
  10. How to contact us


Please click on the links above for further information.

 

1. Who we are?

MacRoberts LLP is a limited liability partnership with registration number SO 301699; having its registered office at Excel House, 30 Semple Street, Edinburgh EH38BL.

MacRoberts is the controller of your personal data that you share with us or that third parties share with us to provide you with legal services, our marketing materials that you have requested, to apply for opportunities and to apply for opportunities posted on our careers hub and personal data that you have provided in order that you provide us with goods and services.

If you have any questions about this Notice, including requests to exercise your legal rights, please contact us using the details set out in the Contact Us section below.

2. What personal information does MacRoberts collect and how we collect it

Personal data, or personal information, means any information about a living individual from which that person can be identified and which we have in our possession or under the control. It does not include data where the identity has been removed (i.e. anonymous data).

(a) In connection with providing our legal services

In providing our legal services we will receive most of the personal information we collect from you or from the company you represent.  This will include where you make an enquiry, seek an estimate of costs for legal work but do not proceed, are provided with free initial advice or where we are acting for you as client of MacRoberts.

In providing our legal services we may also receive personal information about you from third parties to enable us better to provide our legal services to our client or to you.

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; banks, building societies and other financial institutions; courts and court agents (including sheriffs’ officers), regulatory bodies, surveyors and estate agents; personal representatives, attorneys, trustees and executors.

Where you are not a client we may collect or receive personal information about you because you are involved in a matter which we are advising our client or have advised our client.

In providing our legal services we collect the following types of personal information:-

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, last name, username or similar identifier, the company you work for (where relevant), your job title or position, date of birth, geographic location and other information to enable us to check and verify your identity (for example passport details and utility bills or bank statements).
  • Contact Data includes billing address, residential and / or business address, email address and telephone numbers (business and / or personal including fax).
  • Financial Data includes bank and building society accounts and payment card details; payment made to us and payments made on your behalf; credit reference checks; and other payment data to enable us to carry out fraud checks and source of funds.
  • Transaction Data includes details about the legal services relating to the matter you have instructed us on; 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 Yuill + Kyle Limited. Yuill + Kyle Limited record all telephone calls in order to allow Yuill + Kyle to assess the quality of their services, to ensure it complies 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 Yuill + Kyle staff to maintain quality of service.
  • We will, in limited circumstances, need to collect 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, information about your health and genetic and biometric data) in order to provide you with our legal services.

In addition, where you are visiting any of our premises we may need to know about 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.

  • To provide our legal services we will from time to time need to collect information about criminal convictions and offences from you in order to enable us to provide you with our legal services.

(b) Newsletters, blogs and attending business development and networking events, general events, seminars, briefings and training

We collect personal information from you when you contact us directly to make a general enquiry, register for and / or attend any MacRoberts business development opportunity or networking opportunity, event, seminar, briefing or training, sign up to our blogs and newsletters or ask us to contact you by phone, post or by email.

When you do this, you will be asked to provide limited contact information about you including your name (first and last), company, your position or job title, your contact email address, your postal address, where you are asking for assistance – you will be asked to provide details of what your query is and (where you are registering for an event) any dietary requirements or access requirements that you may have, when you provide us with your dietary requirements this may reveal information about your religious beliefs, your health, or ethnic origin.

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

  • Identity Data includes first name, last name, username or similar identifier, title, date of birth and geographic location. Images – we may also collect photographs of you where you attend our meetings or events.
  • Contact Data includes billing address, residential and / or business address, email address and telephone numbers (business and / or personal).
  • We will, in limited circumstances, need to collect Special Categories of Personal Data about you where you are attending MacRoberts LLP’s premises (for example, we may need to know about 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) and 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.

(c) In Making Contact with us via our Website

We may also collect your personal information from the MacRoberts website (macroberts.com and its sub-domains).  You may register for our events, webinars, blogs and newsletters or ask us to contact you in relation to an enquiry.

When you do this, you will be asked to provide limited contact information about you including your name (first and last), company, your position or job title, your contact email address, your postal address and (where you are registering for an event) any dietary requirements or access requirements that you may have, when you provide us with your dietary requirements this may reveal information about your religious or philosophical beliefs, ethnic origin, and or your health.

Where you make an enquiry the personal information you provide may include your name (first and last), company, your position or job title, your contact email address, your postal address and the details of your enquiry.

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

  • Identity Data includes first name, last name, username or similar identifier, title, date of birth and geographic location.
  • Contact Data includes billing address, residential and / or business address, email address and telephone numbers (business and / or personal).
  • 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 this website.
  • 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, products and services.
  • Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

(d) Recruitment

You may also contact us via our Careers Hub on our website where you are interested in contacting us about one of our vacancies, a traineeship or a summer placement. Where you do so you will be asked, in the case of a vacancy, to submit a CV with your current salary details, or in the case of a traineeship or a summer placement you will be asked to complete an application form. The information that you provide via our Careers Hub is subject to its own privacy policy, please review that privacy policy before you email, upload or post in your information.

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

  • Identity Data includes first name, last name, username or similar identifier, title, date of birth and geographic location.
  • Contact Data includes billing address, residential and / or business address, email address and telephone numbers (business and / or personal).
  • Other information that you may provide to us on your CV.

Where you apply for vacancy, traineeship or summer placement we may also collect personal information about you from third parties that relates to your previous work or employment experience; your education and qualifications; and from background screening services such as Disclosure Scotland. We may collect such data from recruitment consultants and employers, schools and higher and further education bodies.

(e) Cookies and other Tracking technologies

When you visit our website www.macroberts.com we will collect information about your usage using cookies and other tracking technology. To see what cookies and tracking technology we use please refer to our “cookies” section below (or click on the link here). When you visit our website we will use your IP address to collect internet traffic data and data regarding your browser type and computer. Provided the cookies are not necessary for us to deliver our website and or services to you, you are able to reject them by using your browser settings. If you need more information or help on how to do this please visit the cookies section.

  • We also use Google Analytics to look at how our website is used. This is done by placing small text files, known as session cookies, on your device to collect information about how visitors use our website. We use the information to provide reports and to help us improve your use of our website. The cookies collect information in an anonymous form, including the number of visitors to the site, where visitors have come to the site from and the pages they visited. This information is transmitted to and stored by Google on servers in the US.

(f) Where your organisation provides goods and services to MacRoberts LLP or a MacRoberts entity

When you provide goods or services to MacRoberts LLP or a MacRoberts entity we may collect the following information:

  • Identity Data includes first name, last name, username or similar identifier, title, date of birth and geographic location.
  • Contact Data includes billing address, residential and / or business address, email address and telephone numbers (business and / or personal).

(g) Raising Concerns

Where you make contact with us to raise service concerns, we will ask you for your name and address and contact details along with full details about the nature of your concern and details of any third parties.

(h) Client Testimonials

If you provide testimonials in relation to our services we may collect the following information: your name, your job title and the company/organisation where you work.

3. How we use your personal information and the legal basis for processing it

(a) We will use your personal information to:

  • Provide you with the legal services you have instructed us to provide or have enquired about;
  • Provide you with marketing materials about our various legal services;
  • Promote our business through advertising, marketing, promotional, and tender activities;
  • Engage with you in business development and networking opportunities and provide events, training, briefings and seminars;
  • Comply with the legal and regulatory obligations that we as solicitors must comply with;
  • To carry out money laundering checks, credit checks and for other fraud and crime prevention activities;
  • Investigate any concerns you have raised about our services;
  • To establish, exercise or defend our legal rights or for the purpose of legal proceedings;
  • Monitor use of our Website so that we may better understand its use and inform our services;
  • Monitor the quality of our services;
  • To collect and review your feedback of our service provision
  • Review and process any enquiry you have made;
  • Review and process any application you may submit for a vacancy, traineeship or summer placement or work experience;
  • To purchase goods and services from you.

(b) Processing grounds

We must have a lawful basis for processing your information; this will vary depending on the circumstances of how and why we have your information; the following will apply:

  • We are carrying out the necessary steps in relation to a contract to which you are a party or prior to you entering into a contract with us – usually because you wish to instruct us to carry out legal services for you.

This may include where we process your data for the purposes of supplying you with our legal services and where we have instructed a third party to supply services related to the legal services to be provided to you (for example another firm)

  • Where the activities are within our legitimate interests as a firm of solicitors seeking to engage with and provide services to prospective and current clients and their personnel.

This may include (but is not limited to) where:

  • we carry out conflict checks to ensure that we are able to provide you with the requested legal services;
  • we advise you of changes in the law that might affect you or your business;
  • we manage any queries or concerns raised by you or by third parties;
  • we undertake tendering, marketing, promotional or advertising activities.

Where you have provided your consent to us to process your data

This may include where you have given your consent in relation to certain marketing activities.

  • Where the processing is necessary for compliance with a legal obligation to which MacRoberts is subject.

This may include:

  • where we carry out checks to establish your identity under our anti-money laundering requirements including carrying out electronic / online ID checks;
  • where we process your personal data for the purposes of complying with our obligations under the Bribery Act 2010;
  • to comply with the Law Society of Scotland rules;
  • to comply with UK immigration legislation.

Where the processing is in the vital interests of an individual.

We may require to process your personal data to protect your vital interests in the course of representing individuals in very limited circumstances; or where you take ill on our premises.

We will, in limited circumstances, need to collect and process 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, information about your health and genetic and biometric data) to provide our legal services

We will do so where:-

  • you have given us your explicit consent to do so; or
  • you have made the information public; or
  • the processing is necessary for the establishment, exercise or defence of legal claims; or
  • the processing is necessary to protect the vital interests of an individual; or
  • the processing is necessary for reasons of substantial public interest (usually to undertake activities in relation to the prevention or detection of fraud or other unlawful or dishonest activities).

In addition we will from time to time need to collect information about criminal convictions and offences from you in order to enable us to provide you with our legal services. Where we do so, we will usually rely on the following legal basis:

  • prevention or detection of unlawful acts; or
  • complying with our regulatory requirements in relation to unlawful acts or dishonesty;
  • dealing with suspicions of terrorist financing, money laundering or acts of bribery; or
  • processing is necessary for the establishment, exercise or defence of legal claims

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.

4. 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.

In some circumstances you can ask us to delete your data: please see section 7 Your rights in relation to your information below.

5. The third parties with whom we may share your data

To provide you with our legal services or other products or services and for administrative and billing purposes we may have to share your personal information within the firm across its three offices. We may also share personal data with MacRoberts Pensions Trustees Limited, Yuill & Kyle Limited,  the Shareholding & Investment Trust Limited and The Shareholding & Investment (Property) Limited. We shall do so on a confidential basis.

We may also have to share your personal information with third parties. Such third parties may include:

  • Third parties relevant to the legal services that we provide.

This may include, but is not limited to, counterparties (including their lawyers and client) to transactions or litigation, other professional service providers such as lawyers and accountants, counsel, barristers, arbiters, arbitrators, mediators, clerks, medical professionals, expert witnesses, witnesses, tax advisors or valuers, regulators, authorities, and governmental institutions.

We may also require to share your personal information with parties such as the Land Registry, Registers of Scotland, Companies House, Office of the Public Guardian, lenders and HMRC and other tax authorities.

Such third parties may not always be in the United Kingdom and or the EEA.

  • Professional indemnity or other relevant insures and the SLCC.
  • Third party agents/suppliers or contractors to allow us to organise and run the business of MacRoberts LLP and its entities.

Such third party agents will be bound by obligations of confidentiality, in connection with the processing of your personal data for the purposes described in this Notice.

This may include, but is not limited to:

  • confidential waste management, IT and communications service providers and other technology providers, document processing and translation services, document and information storage providers;
  • our general insurers, auditor and accountants, pension providers, banks and other financial institutions, credit reference agencies and regulatory bodies;
  • third parties who assist MacRoberts and associated MacRoberts entities in our general advertising marketing, promotional, tendering activities (e.g. assisting us with our events, issuing of client updates / bulletins, seminars, training, business development and networking opportunities).


Please note this 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 legal services.

6. 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. MacRoberts complies with leading UK and global information security standards governing the confidentiality, integrity and availability of data. MacRoberts are certified against Cyber Essentials and ISO27001:2013.

7. 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.

You can exercise you rights by contacting us at david.milne@macroberts.com or 01382 339 355. or by writing to us at River Court, 5 West Victoria Dock Road, Dundee DD1 3JT.

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.

8. Cookies

Please see our cookies policy.

9. Transferring your personal data outside the European Economic Area

In providing our legal services it may be necessary for us to share your personal data outside the European Economic Area (EEA). We will only do so where:

  • We need to share your details to instruct lawyers or other professionals in foreign jurisdictions;
  • Where you are based outwith the EEA and we are required to process your personal data;
  • Where your service providers are based outwith the EEA; and
  • Where our service providers are based outwith the EEA.

Where we do share your personal information in the above situations we shall ensure that appropriate safeguards are put in place to ensure that the transfer of your personal information complies with the current applicable data protection legislation.

10. How to contact us

Our full details are:

Full name of legal entity: MacRoberts LLP

Contact: David Milne

Email: david.milne@macroberts.com

Postal Address: River Court, 5 West Victoria Dock Road, Dundee DD1 3JT

Telephone Number: 01382 339 355

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK Supervisory Authority for data protection issues (www.ico.gov.uk). We would, however, appreciate the opportunity to deal with your concerns before you approach the ICO so please contact us in the first instance.

This Policy was last updated on 9th October 2018.

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