Introduction

This Privacy Policy sets out how KMD Wills & Estate Planning collects, uses and protects any information given by you.

KMD Wills & Estate Planning is committed to safeguarding the privacy of all online visitors and customers. Any information given to/collected by KMD Wills & Estate Planning will only be used in accordance with this Privacy Policy. This policy has been updated to reflect the most recent Data Protection Regulations.  For the purpose of this Privacy Policy, the data controller is Kirsty Dimond. In this policy, the words “we”, “us” and “our” refer to KMD Wills & Estate Planning.

Personal Data

In the EU’s General Data Protection Regulation (GDPR), Personal Data is defined as “…any information relating to an identified or identifiable natural person (“data subject”); an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person.”

What information do we collect and why?

The types of data collected by KMD Wills & Estate Planning are detailed below.

Information you provide to us.  This is information that you provide via the “Contact Us” page on our website, in a face to face meeting or in any correspondence with us.  The information you give us may include (but is not limited to) full names, postal addresses, email addresses and contact telephone numbers of you and others (such as your executors, trustees, guardians and beneficiaries), and other information related to your assets and your family circumstances.  You may also provide us with copies of complete documents containing numerous items of personal data such as existing Wills or settlements and ID documents for verification purposes.

Additional information we may collect about you and/or your estate.  This may include information provided (only with your permission) by other professional adviser that you have requested we communicate with and/or information collected by us from public sources such as the Land Registry.

We will ensure that the information collected will only be used for its intended purpose and does not constitute an invasion of your privacy. The new General Data Protection Regulations requires a ‘lawful basis’ in order for data to be processed; these are explained below.

For data collected by submitting an enquiry via our contact form, via email or through our social media channels, the lawful basis is consent. You are consenting for us to use your details in order to respond to your request for information. We may also use your details to follow up on any enquiries made. The lawful basis for this is legitimate interest. 

Where you ask us to provide will writing and/or other related services to you, we will process your personal data in order to provide these services.  We need to process your personal data in order to fulfil our contractual obligations, the legal basis for this therefore is contractual.  If you do not wish for your personal data to be processed in this way, you will be unable to use our services.

We may also need to process your data after the completion of a contract.  This will be to ensure that your completed document(s) are up to date and still valid, or for marketing purposes to keep you informed of relevant changes to the industry and legislation.  The legal basis for this is also legitimate interest.

You can withdraw your consent to your personal data being processed at any time by contacting us using the details below or, where relevant, by following the unsubscribe link in any marketing communication you receive from us.  If you do choose to withdraw your consent, this will not mean that our processing of your personal data before you withdrew your consent was unlawful.

Will we share your personal data with anyone else?

We may need to pass your details onto third parties who are either contracted to KMD Wills & Estate Planning. Any third parties who we do pass your details onto are obliged to store your details securely and only process them if responding to information requests, queries, complaints etc. on our behalf. When the time comes that they no longer require your personal data, they will dispose of this accordingly and in line with our company policy. If we wish to pass your personal data to a third party, we will only do so with your explicit consent, unless we are legally obliged to do so otherwise.

How long do we store your data?

Processing data constitutes as collecting, storing and using. We will process this data in accordance with the GDPR. We will do our utmost to keep your information accurate and up to date and not keep it longer than is necessary. Due to the nature of our services, pursuant to Article 17(3) of the GDPR, if you complete a Will and/or other products using our service we will securely store your data indefinitely.  This is in order to protect against legal claims, as well as to provide supporting information if your Will or other document is ever questioned or contested.  Where we have processed your personal data to provide you with marketing communications with your consent, we may contact you at least every 12 months to ensure that your details are up to date and that you are happy to continue receiving such communications.  If you tell us that you no longer wish to receive such communications, your personal data will be removed from our mailing list.

How do we store your data and is it secure?

All your Personal Data is stored securely on our computer system.  All data held by KMD Wills & Estate Planning is also stored electronically, using cloud-based storage solution.

We are committed to ensuring that your information is secure, in accordance with the GDPR security principle.  In order to prevent unauthorised access or disclosure, we have put in place suitable procedures to safeguard the information we collect. Unfortunately, the internet can never be 100% secure, but rest assured that should any data ever be compromised, you will be contacted immediately, and steps will be taken to rectify the situation. All devices used by KMD Wills & Estate Planning are secured using multi-factor authentication, as well as fingerprint technology measures.

Under what circumstances will we contact you?

We will only ever contact you when necessary, or when you have requested that we do so. We do not mean at any point to be intrusive or ask for unnecessary information. We will do our best to ensure that the information we hold is as secure as possible to minimise the risk of unauthorised access or disclosure.

Copyright

All materials on our website are the copyright of KMD Wills & Estate Planning or are reproduced with permission from other copyright owners.  All rights are reserved.  The materials on this website may be retrieved and downloaded solely for personal use.  No materials may otherwise be copied, modified, published, broadcast or otherwise distributed without the prior written permission.

Use of cookies on this site

To make this site simpler, small data files are placed on your computer. These are known as cookies. Most big websites do this too.  They improve things by:

• remembering settings, so you don’t have to keep re-entering them whenever you visit a new page;
• remembering information you’ve given (e.g. your postcode) so you don’t need to keep entering it;
• measuring how you use the website so we can make sure it meets your needs.

Our cookies aren’t used to identify you personally. They’re just here to make the site work better for you. Indeed, you can manage and/or delete these small files as you wish.

You can opt out of Google Analytics cookies for all sites.

To learn more about cookies and how to manage them, visit AboutCookies.org.

1. i) First Party Cookies
   These are cookies that are set by this website directly.

We use Google Analytics to collect information about how people use this site. We do this to make sure it’s meeting its users’ needs and to understand how we could do it better. Google Analytics stores information about what pages you visit, how long you are on the site, how you got here and what you click on. We do not use cookies to collect or store your personal information (e.g. your name or address) so this information cannot be used to identify who you are.

There are also cookies that store basic data on your interactions with WordPress, the CMS running this website.

1. ii) Third Party Cookies
   These are cookies set on your machine by external websites whose services are used on this site. Cookies of this type are the sharing buttons across the site allow visitors to share content onto social networks. Cookies are currently set by Twitter, Facebook and Google+. If you want to prevent sites setting third party cookies, instructions to do so are here.

iii) Log Files

Log files allow us to record visitors’ use of the site. These logs are automatically generated from all our visitors, which we use to make improvements to the layout of the site and to the information in it, based on the way that visitors move around it. Log files do not contain any personal information about you.

Links to other websites

Our website may contain links to our partners, as well as other external sites. You should note, that if you click through to any of these external sites, we do not have control over that site and cannot be responsible for the protection of any information that you provide to these other websites as they are not governed by this privacy statement. You should always exercise caution and look at the privacy statement of whichever website it is that you are visiting.

Can you find out about the personal data that we hold about you?

If you want to see what personal data we hold on you and how it is processed, you may contact us to request this. This is known as a Data Subject Access Request (DSAR) and you must request this in writing (either by post or email), providing the necessary identification before any information is released. If KMD Wills & Estate Planning do store any of your personal data, you may request information on the following:

• Identity and the contact details of the person or organisation that has determined how and why to process your data. In some cases, this will be a representative in the EU.
• Contact details of the GDPR owner, where applicable.
• The purpose of the processing as well as the legal basis for processing.
• If the processing is based on the legitimate interests of KMD Wills & Estate Planning or a third party, information about those interests.
• The categories of personal data collected, stored and processed.
• Recipient(s) or categories of recipients that the data is/will be disclosed to.
• If we intend to transfer the personal data to a third country or international organisation, information about how we ensure this is done securely. The EU has approved sending personal data to some countries because they meet a minimum standard of data protection. In other cases, we will ensure there are specific measures in place to secure your information.
• How long the data will be stored.
• Details of your rights to correct, erase, restrict or object to such processing.
• Information about your right to withdraw consent at any time.
• How to lodge a complaint with the supervisory authority.
• Whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether you are obliged to provide the personal data and the possible consequences of failing to provide such data.
• The source of personal data if it wasn’t collected directly from you.
• Any details and information of automated decision making, such as profiling, and any meaningful information about the logic involved, as well as the significance and expected consequences of such processing.

What forms of ID will you need to provide in order to access this?

KMD Wills & Estate Planning will accept the following forms of ID when information on your personal data is requested:

Passport; Photo Driving Licence; Utility Bill (from the last three months) or a Notarised ID Document.

Your Rights Under Data Protection Laws

As a Data Subject, you have several rights under the new General Data Protection Regulations (the GDPR) which come into force on 25th May 2018. These rights are as follows:

The right to be informed. The intention of this privacy policy is to provide all the necessary information regarding what data is collected and how it is used/stored/shared/retained.

The right of access. You have the right to receive confirmation as to whether your personal data is being processed by us, as well as other information relating to our use of your personal data.  You also have the right to access copies of your personal data which we are processing.

The right to rectification. You have the right to require us to rectify any inaccurate personal data we hold about you.  You also have the right to have incomplete personal data we hold about you completed, by providing a supplementary statement to us.

The right to restriction. The right to restrict the way in which your data is processed.

The right to data portability.  You have the right to receive your personal data in structured, machine-readable format and the right to transmit such personal data to another controller.

The right to erasure.  You have the right to require that we erase your personal data which we are processing on certain grounds including: where the data is no longer being processed for the purpose in which it was collected for, where the processing is based on consent and that consent has since been withdrawn or the personal data has been unlawfully processed; and the erasure is required for compliance with the law to which we are subject.  Please note, the above mentioned Article 17(3) of GDPR, where the right to erasure does not apply.

This is a summary of your basic rights under the GDPR. Not all of the rights are absolute; some apply under certain conditions. It is advised that you familiarise yourself with the full explanation of your legal rights from the appropriate legislation.

Requests in relation to the exercise of any of these rights, can be made in writing using the contact information below.  All requests will be dealt with promptly, within one month of their receipt, in accordance with the GDPR.  Under the GDPR, you also have the right to lodge a complaint with a supervisory authority, should you think it necessary.

How to contact us

Questions, comments or requests regarding this privacy policy are welcomed and should be communicated to us, in writing, as follows:

By Post to: KMD Wills & Estate Planning, 2 Buttercup Way, Newton Abbot, Devon, TQ12 1GT

By Email to: [email protected]

Policy Changes

KMD Wills & Estate Planning reserves the right to change this privacy policy and will post any revisions on this web site. Your continued use of this web site will be subject to the then-current privacy policy.