Privacy Statement & Website Legal Notice

This Privacy Statement (otherwise Policy) aims to give you information on how we collect, handle, and process your personal data acquired through your use of this Website. It is produced in compliance with the General Data Protection Regulation 2018.

This Website is not intended for children, and we do not knowingly collect data relating to children. It is important that you read this Privacy Statement together with any other information relating to it that we may provide on specific occasions when we are collecting or processing data about you so that you are fully aware of how and why we are using your data. This Privacy Statement supplements any other notices and is not intended to override them.

Controller:

Clock Tower Wills is the controller and responsible for your personal data (collectively referred to as “Clock Tower Wills”,” we”, “us” or “our”) in this Privacy Statement.

We have appointed a Data Protection Officer (“DPO”) who is responsible for overseeing questions in relation to this Privacy Statement. If you have any questions about this Privacy Statement, including any requests to exercise your legal rights, please contact our DPO using the details set out below.

Contact details:

Our full details are : Clock Tower Wills

Name and title of DPO: Farrukh Khan-Sherwani (Consultant)

Email address: info@closcktowerwills.co.uk and admin@clocktowerwills.co.uk

Telephone: 01474 533338

You have the right to make a complaint at any time to the ICO (see below) who are the supervisory authority for Data Protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO, please contact us in the first instance.

Who are we:

Clock Tower Wills are professional Will writing consultants and our contact details are available on our Website.

Confidentiality

As professionals we will keep the personal and financial affairs of our clients and former clients confidential except where disclosure is required or permitted by law or authorised by the client or former client. This rule is a corner stone of our professional relationship with our clients and the persons with whom we will have dealings. The statutory exceptions where we are required to disclose information to the Government or other regulatory bodies arises where there are issues or concerns about the commission of criminal offences, criminal activity, money laundering or terrorist financing or where we know or suspect that a transaction for a client involves money laundering in which case we are obliged to make money laundering reports and comply with the anti-monetary laundering regulations.

Proof of Identity.

The law requires banks, building societies, solicitors, regulated financial advisers, estate agents and other professionals to obtain and retain satisfactory evidence of the identity of their clients and the source of the funds that may be proposed or intended to be used for financial / property transactions.

The identity and procedural rules for Lasting Powers of Attorney (“LPA’s”) and the process of introducing fully digital LPA’s has been recently changed in the following respects:

The Mental Capacity Act 2005 has been amended to:

allow different ways to make an LPA: digitally, on paper, or a mix of the two
to ensure only the donor of an LPA can apply to register the LPA (Attorneys will no longer be permitted to do so)
introduce identification requests before an application to register an LPA can be accepted.
require the Office of Public Guardian (“OPG”) to notify “named persons” when an application to register an LPA is complete and the registration process is starting.
enable the OPG to operate a triage system to confirm types of objections; and
to widen the group of people who can lodge objections so that it includes third parties who are not named in the LPA.

The time scale for the introduction of fully digital LPAs is presently unknown as it is still currently at a design and development stage with changes expected to LPA’s in the near future. We will work on getting our systems ready for some of these changes as and when they become known.

Data Protection and use of personal data:

Clock Tower Wills are committed to transparency, data integrity and honesty, particularly to protect the privacy and security of any personal data which we will process and hold. We will take every step to ensure any personal client data we look after, hold, or process will not be compromised, accidentally lost, used or accessed in any unauthorised way, altered or disclosed, and only authorised individuals who have a legitimate interest and need to know or access this information. They will only process your personal data on our instructions and will be subject to the duty of confidentiality. We will handle all communications including emails with utmost care and use our best endeavours to ensure any personal data we hold, process, and retain will be in accordance with the guidance of the Information Commissioner’s Office (“ICO”) for the relevant data retention period.

We are not permitted to sell or rent your information and personal data to any third parties. We will only use your information and personal data when authorised and the law allows us to and for the related purpose for which we collect it unless we reasonably consider that we need to use it for another reason and that reason is compatible or incidental with the original purpose; commonly your information and personal data will be used:

Where we need to perform or are about to enter any arrangements with you
It is important that any personal data we hold about you is accurate and current enabling us to identify you. It does not include data where the identity has been removed.
By using this Website, we may collect, use, store and transfer different kinds of personal data about you which may be grouped as follows: Technical Data, Usage Data, Aggregate Data but we do not collect any Special Categories of Personal Data about you.
Any information received from you in person or over the phone, or from a website form that you fill in for an initial contact or request for a quote will be limited in the first instance to receiving your contact details by phone or through a website managed by us. The initial personal data we will require from you will be limited to your full name, email/ telephone, and a short message you may send us to request our services. We do not collect any information about criminal convictions and offences.
We will contact you by telephone to discuss any issues relevant to your personal and financial circumstances and book an appointment for a face-to-face meeting. You will be requested to supply us your ID evidence (e.g passport/driving licence/council tax bill/ recent utility bills etc) to progress matters and to verify your identity.
If a home visit is requested, this will only be arranged with your express authority and invitation, our visit will be arranged on a convenient date and time that will be confirmed by one of our consultants who will during their visit collect and gather further information from you about yourself, your estate and the people you wish to include in your Will (and/or exclude therefrom) and any other legal documents you may request to be prepared in order to provide our services to you.
We may contact you by phone, email or in writing if required to provide the services you have requested. Where relevant, we may contact HM Land Registry to verify details of your home and/or property ownership or other relevant persons.

You may ask us to stop processing your information at any time by providing us with a reasonable notice to do so.

When you interact with our Website, we may automatically collect technical data about your equipment, browsing actions, patterns and the Website that referred you to our Website. Whilst technical data is collected from analytics and search information providers such as Google and Bing based outside the UK and using cookies for service development, analysing website traffic or targeting advertising is common practice, we do not intend to use or share such data and information. For general information about cookies please visit www.allaboutcookies.org.

We may contact you by telephone or email to request you to complete customer feedback forms to improve our services and may nominate a representative to do this on our behalf.

Where we have your explicit or express consent:

In some circumstances, we may require your written consent and authority to contact your GP for a medical opinion or evidence relating to your testamentary capacity and medical history before providing services to you.

Where we are legally obliged:
where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests; and
where we need to collect personal data by law to comply with the legal or regulatory obligations or under the terms of a contract we have with you.

If you fail to provide that data, we may not be able to perform the contract we have or are attempting to enter with you. We may process your personal data without your knowledge or consent. Generally, we do not rely on consent as legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

Sharing and disclosing information to third parties?

We do not rent or sell your information to anyone. We do not transfer or share your personal data with anyone outside England and Wales. If you are a client of Clock Tower Wills, we may share your personal data with relevant third-party service providers to provide the services you have requested, particularly if their assistance is required. However, we do not control these third part websites and are not responsible for their privacy statements. We will require any third parties to respect the security of your personal data and to treat it in accordance with the law; not to use it for their own purposes and will only permit them to process your personal data for specified purposes and in accordance with our instructions.

How long do we keep hold of your information and personal data?

Your personal information and data will be retained for as long as necessary to fulfil the purposes for which it was collected, including for the purposes of satisfying any legal, accounting or reporting requirements.

To determine the appropriate retention period for personal data we consider the amount, nature and sensitivity of your personal data, the potential risk of harm from accidental and/or unauthorised use or disclosure of your personal data, the purposes for which we hold or process your personal data and whether we can achieve those purposes through other means and the applicable legal requirements.

We will process your personal data until you expressly withdraw your consent for us to maintain contact with you, after which it is deleted. In other respects, your information will be retained electronically until the relevant data retention period has expired or if we are still required to hold or retain it in accordance with the anti-monetary regulations.

Your data protection legal rights.

You have rights in connection with your personal data that include the following:

to withdraw consent where this has been given.
to be informed and have access to your personal data.
to correct or update or complete any inaccurate data; and
in certain circumstances to restrict, request erasure, object to processing, or request portability of your personal data to another organisation.

If you wish to contact us regarding your data protection rights, please contact us by email. We will use our best endeavours to respond to all legitimate requests within one month. Occasionally, it may take us longer if your request is particularly complex or you have made several requests. In this case, we will notify you and keep you updated.

Fees:

No fee is usually required to access your personal data (or to exercise any other rights) However, we may charge a reasonable fee if your request is clearly unfounded or repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

Contact details for the Information Commissioner’s Office (“ICO”)

We are required to be registered with the ICO who are the supervisory authority that regulates personal data in the UK. You can get in touch with the ICO by:

Visiting their website: www.ico.org.uk
Calling them on 0303 123 1113
Writing to: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow SK9 5AF

Website Legal Notice (“Legal Notice”):

This Legal Notice applies to the whole or any part of the contents of this Website under the domain name of www.clocktowerwills.co.uk or any other domain name operated or controlled by Clock Tower Wills (“Website”) and to all and any postal or electronic correspondence (including e-mails) exchanged between you and us. Please read these terms carefully before using this Website.

By using our Website, you accept the full terms and conditions and cannot pick and choose which terms you accept or reject regardless of your decision to register with us. If you do not accept these terms, please do not use the Website.

Nothing in our Website will constitute legal advice (on legal, financial, property, tax or other matters) and in appropriate cases we may recommend you consult suitably qualified experts on any specific legal or accounting or financial problem or matter.

By accessing the whole or any part of this Website, you are deemed to have accepted the terms of this Legal Notice in its full terms and effect. If you do not accept this Legal Notice in full you must leave this Website immediately.

Clock Tower Wills reserves the right at any time to revise and update this Legal Notice and you should therefore check the Website from time to time to review any changes that are made because they will be binding on you. Certain aspects of this Legal Notice may be changed or superseded by further legal notices or terms that may be located within our website.

Restrictions on printing and downloading extracts from this Website:

You are not permitted to print and download extracts from this Website for your own personal use or for use by any other persons or businesses which means:

(a) no documents or related graphics on this Website may be copied or duplicated or modified in any way.

(b) no documents or related graphics on this Website are extracted, distributed, or used for commercial purposes (without Clock Tower Wills’ prior written permission).

(d) Clock Tower Wills copyright and other notices and this permission notice appear in all copies.

You are advised that any breaches of our intellectual property rights will be treated seriously with sanctions applied for where necessary.

Unless otherwise stated, the copyright and other intellectual property rights contained in respect of any content and material on this Website (including without limitation photographs and graphical images) are owned by Clock Tower Wills or its licensors. For the purposes of this Legal Notice, any use of extracts from this Website other than in accordance with the above matters for any purpose is strictly prohibited. If you breach any of the terms in this Legal Notice, your permission to use this Website will be automatically and irrevocably terminated regardless of whether any notices we may subsequently produce or serve, you must immediately destroy any downloaded or printed extracts you have obtained, control or have possession from this Website and be prepared to provide us with evidence of this.

No part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without Clock Tower Wills’ prior written permission.

Any rights not expressly granted in these terms are reserved.

Access to services via the Website:

Clock Tower Wills will use their best endeavours to ensure this Website is available 24 hours a day. However, no responsibility or liability will be adopted, assumed, or accepted if for any reason this Website becomes unavailable for any time or any period. Clock Tower Wills reserves the right to temporarily suspend access to this Website without notice if there is a systems failure or maintenance or repairs or corrective actions are required for reasons that may be beyond Clock Tower Wills’ control.

Restrictions on personal identifiable information:

Subject to any expressed matters that may be covered by or modified by our policies from time to time, any personally identifiable information, data and/or material you transmit or post to this Website shall be limited and considered non-confidential and non-proprietary.

Clock Tower Wills will retain no obligations or responsibility with respect to such information, data and/or material. In any event, you accept that by sending us your information and personal data, you do so voluntarily without undue influence for initial contact purposes and wish to receive our services.

Clock Tower Wills shall be free without limitations to copy, disclose, distribute, or otherwise use such information, material and all data etc for any purposes connected with the services you request and which we may agree to provide.

You are expressly prohibited from posting or conveying or transmitting to or from this Website any material:

(a) that is threatening, abusive, defamatory, obscene, indecent, seditious, offensive, pornographic, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, misleading, in breach of privacy or which may cause or is likely to cause annoyance or inconvenience; or

(b) for which you have not obtained all the necessary permissions or approvals; or

(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in England and Wales or any other foreign jurisdiction in the world; or

(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

You may not misuse this Website (including, without limitation, by hacking) nor misrepresent yourself in any relationship (other an agreed contractual one to provide services) nor make any claims of association with Clock Tower Wills nor present nor make or directly or indirectly assist other persons to make any false or misleading assertions nor provide inaccurate information about Clock Tower Wills or in respect any of its consultants or employees or staff members or any other business operating under the name or style of Clock Tower Wills.

Clock Tower Wills will co-operate with any law enforcement authorities and comply with any Court Order requesting or directing Clock Tower Wills to disclose the identity of the persons with whom we have dealings or to locate anyone posting any material in breach of the above matters.

For the avoidance of doubt, Clock Tower Wills will hold you responsible for any loss or damage (including incidental loss or damage) suffered by them for any breach of the above matters and liable to pay all their legal costs on a full indemnity basis.

References to other Websites:

Clock Tower Wills have been careful not to refer to, use or replicate, infringe any intellectual property rights or other rights of any other persons or to have any links with any other websites; we do not control nor manage nor will accept any responsibility for any other websites as to their content or material. You should read the privacy statements of every website you may visit.

Clock Tower Wills do not endorse or make any representations about any other websites nor as to their content and materials. If you decide to access any other websites, you do this entirely at your own risk and responsibility.

Disclaimer:

Clock Tower Wills have used their best endeavours to ensure the information on this Website is correct; we do not warrant the accuracy and completeness of the information and/or material on this Website and reserve the right to make changes to its contents and materials from time to time without notice; we recognise that over the passage of time, the information and/or material on this Website may become “out of date” particularly if procedural and legislative changes are made.

The information and material on this Website are provided “as is”, absent any conditions, warranties, or other terms of any kind. Accordingly, all representations, warranties, conditions, and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this Legal Notice might have effect in relation to this Website are expressly excluded, entirely without prejudice to any admissions of liability.

Clock Tower Will provide no assurances nor promises that the content and materials on this Website are appropriate or available for use in locations outside the jurisdiction of England and Wales. Any persons having access to this Website from any locations outside the jurisdiction of England and Wales (otherwise worldwide), should take care and ensure they understand their legal responsibility for compliance with local laws and with the terms and conditions of this Legal Notice.

Nothing in this Legal Notice shall be construed or operate to exclude or limit Clock Tower Will’s liability for:

(a) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or

(b) fraud; or

(d) any liability which cannot be excluded or limited under applicable law.

Governing Law and Jurisdiction:

This Legal Notice shall be governed by and construed in accordance with the laws of England and Wales. Any disputes howsoever arising in connection with this Legal Notice may be settled by informal or formal Arbitration (if the parties agree) but shall be subject to the exclusive jurisdiction of the Courts of England and Wales and the governing law shall be the laws of England and Wales.

Disability Discrimination Act (DDA)1995

We have used our best endeavours to make this Website as accessible as possible to all persons whatever their race, nationality, sex, gender, transgender, religion, ethnicity, disabilities, sexual orientation, philosophical beliefs, political opinions, personal health or genetics and biometric data etc. If you have any comments or suggestions which could make the site more accessible, please contact info@clocktowerwills.co.uk.