Privacy Policy

1. Introduction

Higgs & Sons ("we", “us” or “our” in this privacy policy) is committed to protecting and respecting your privacy.  This privacy notice will inform you as to how we look after your personal data and tell you about your privacy rights and how the law protects you.

2. Important information and who we are

This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. This website is not intended for children and we do not knowingly collect data relating to children through or from this site.

a) Controller

For the purpose of the General Data Protection Regulation 2016 (GDPR), the data controller is Higgs & Sons: Address: 3 Waterfront Business Park, Brierley Hill, West Midlands DY5 1LX. Phone: +44 (0)345 111 5050.

Our Head of Compliance is Beverley Scriven.

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.org.uk).

We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

b) Your duty to inform us of changes

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

c) Third-Party Links

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you.

We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

3. Data we may collect from you

a) What is Personal Data?

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

b) The kinds of Personal Data relating to you which we may handle

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(s), maiden name, last name, username or similar identifier, marital status, title, date of birth and gender
  • Contact Data includes billing address, delivery address, email address and telephone numbers
  • Financial Data includes bank account and payment card details
  • Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us
  • Technical Data includes internet protocol (IP) addresses, 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 your username and password, services we have provided to 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 your communication preferences.

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 privacy notice.

We will not normally collect any 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). Nor would we normally collect any information about criminal convictions and offences.  The only circumstances in which we would do so is where this was necessary for us to carry out any legal work or assignment which you have asked us to handle.

c) If you fail to provide Personal Data

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

4. How is your personal data collected?

The way in which will collect personal data in relation to you or from you is as follows: 

  • from forms you have filled in or from information you provide when contacting us through www.higgsandsons.co.uk (our site) or otherwise. This includes information provided when you submit an enquiry or request an appointment or call back, engage us to provide services to you, when you subscribe for email notifications or newsletters, when you book an event with us, when you submit your CV or an application for a job with us, when you respond to a survey or questionnaire or when you request other services. We may also ask you for information when you report a problem with our site.
  • If you contact us, we may keep a record of that correspondence. We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
  • We use different methods to collect data from and about you including through:
  • Automated technologies or interactions. As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, and other similar technologies.  Please see our Cookie Policy for further details.
  • Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources as set out below:

           - Technical Data from the following parties:

(a) analytics providers such as Google based outside the EU  

(b) search information providers  based inside  the EU

(c) Identity and Contact Data from publicly availably sources such as Companies House and the Electoral Register based inside the EU.

5. IP addresses and cookies

We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration to analyse trends, track user movements and gather broad demographic information.  This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.  For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer.  Please refer to our Cookie Policy for further information.

6. International transfer of your data

We do not transfer your personal data outside the European Economic Area (“EEA”).

We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

7. Uses made of your Personal Data

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data:

  • to provide you with the information or services that you request
  • 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
  • where we need to comply with a legal or regulatory obligation
  • to ensure that content from our site is presented in the most effective manner for you and for your computer
  • to provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes
  • to carry out our obligations arising from any contracts entered into between you and us
  • to allow you to participate in interactive features of our service, when you choose to do so
  • to notify you about changes to our service
  • to provide you with information about events and services which may be of interest to you and we may contact you about these by post, telephone or email.

If you do not want us to use your data in this way please contact our Head of Compliance.

If you engage us to provide legal services to you, we may need to confirm your identity to comply with Money Laundering Regulations. We may use credit databases to do this. This service is provided by TransUnion and you can access the TransUnion bureau privacy notice here.

Further information is set out in our Letter of Engagement and Terms of Business. You expressly consent to our use of any information given in an application for a job with us to assess your application.

Generally, we do not rely on consent as a 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.  Click here if you wish to do so.

a) Purposes for which we will use your Personal Data in more detail

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate. Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data.

 

 

Purpose/Activity

Type of data

Lawful basis for processing including basis of legitimate interest

To register you as a new client

 (a) Identity

(b) Contact

Performance of our contract of engagement with you

Manage payments, fees and charges

(a) Identity

(b) Contact

(c) Financial

(d) Transaction

(a) Performance of our contract of engagement with you

(b) Necessary for our legitimate interests (to recover debts due to us)

Collect and recover money owed to us

(a) Identity

(b) Contact

(c) Financial

(d) Transaction

(a) Performance of our contract of engagement with you

(b) Necessary for our legitimate interests (to recover debts due to us)

To manage our relationship with you which will include:

a) Notifying you about changes to our terms or privacy policy

b) Asking you to leave a review or take a survey

(a) Identity

(b) Contact

(c) Profile

(d) Marketing and   Communications

(a) Performance of our contract of engagement with you

(b) Necessary to comply with a legal obligation

(c) Necessary for our legitimate interests (to keep our records updated and to study how clients use our products/services)

To administer and protect our business and this website (including troubleshooting, data   analysis, testing, system maintenance, support, reporting and hosting of data)

(a) Identity

(b) Contact

(c) Technical

(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)

(b) Necessary to comply with a legal obligation

To deliver relevant website content to you to promote our products and services

(a) Identity

(b) Contact

(c) Profile

(d) Usage

(e) Marketing and   Communications

(f) Technical

Necessary for our legitimate interests (to study how clients use our products/services, to develop them, to grow our business and to inform our marketing strategy)

To use data analytics to improve our website, products/services, marketing, client relationships and experiences

(a) Technical

(b) Usage

Necessary for our legitimate interests (to define types of clients for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)

To make suggestions and recommendations to you about services that may be of interest to you

(a) Identity

(b) Contact

(c) Technical

(d) Usage

(e) Profile

Necessary for our legitimate interests (to develop our products/services and grow our business)

 


b) Marketing

We may use your identity, contact, technical, usage and profile data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).

You will receive marketing communications from us if you have requested information from us or purchased services from us and you have not opted out of receiving that marketing.

c) Third-party marketing

We will obtain your express opt-in consent before we share your personal data with any third party for marketing purposes.

d) Opting Out

You can ask us  to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by clicking here at any time.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of or in relation to services we are providing to you or to the processing of your personal data because we have a legitimate interest in or are otherwise legally obliged to do so.

e) Cookies

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies.

If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies we use, please see our Cookie Policy.

f) Change of Purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.

If you wish to receive an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact the Head of Compliance.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

8. Disclosure of information

We may disclose your personal information to any member of our firm. We may disclose your personal information to third parties:

  • in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets
  • if Higgs & Sons or substantially all of its assets are acquired by a third party, in which case personal data held by it about its clients will be one of the transferred assets
  • in relation to invitations to joint events, seminars and talks
  • if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use or terms of engagement and other agreements; or to protect the rights, property, or safety of Higgs & Sons, our clients, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

9. Data Security

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

10. Data Retention: How Long Will You Use My Data for?

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, 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 the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data, whether we can achieve those purposes through other means, and the applicable legal requirements.

Details of retention periods for different aspects of your personal data are available in our Data Retention and Destruction Policy which you can request from our Head of Compliance.

In some circumstances you can ask us to delete your data: see Request erasure in paragraph 11 below for further information. In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

11. Your Legal Rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data and we summarise those rights below:

  • 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

(d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

  • Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
  • 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.

12. Links to third party websites

Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

13. Access to information

You have the right to access information held about you in accordance with data protection legislation. You should address your request to our Head of Compliance.

14. Changes to our privacy policy

Any changes we may make to our privacy policy in the future will be posted on this page.

15. Contact

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to our Head of Compliance.

16. Glossary

a) Lawful Basis

  • Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).
  • Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
  • Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.

b) Third Parties

  • Internal Third Parties

Hison Services Limited, Higgs Trust Corporation Limited and Higgs Secretarial Limited which provide support services to Higgs & Sons.

  • External Third Parties  

Service providers acting as processors based in the EEA

Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in the United Kingdom who provide consultancy, banking, legal, insurance and accounting services

HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances.  

17. Contact Us

3 Waterfront Business Park Brierley Hill West Midlands, DY5 1LX

Email: law@higgsandsons.co.uk

Call Us: 0345 111 5050

Contact us

3 Waterfront Business Park
Brierley Hill
West Midlands, DY5 1LX

Email: law@higgsandsons.co.uk
Call Us: 0345 111 5050

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