Anti-Money laundering | amlhub.co.uk

INTRODUCTION

When you deal with Kirklands Solicitors Limited, you trust us with your information. We respect your privacy and are committed to protecting the data you provide to us.
This Privacy Notice policy explains how and why we collect personal data about you, how this data is used, the conditions under which it may be disclosed to others, how it is kept secure and how long we keep it for.
We may require to make changes to this policy from time to time so you may wish to re-visit this page occasionally to ensure you are happy with any amendments.

WHO WE ARE

Kirklands Law Limited is a private limited company registered in Scotland under company number SC294759, whose registered office is at 7 King Street, Perth ("Kirklands"). Kirklands is regulated by the Law Society of Scotland under number 20666. Orme Law Kirklands is a trading name of Kirklands Law Limited. Orme Law have offices at 20 Meeks Road, Falkirk FK2 7ES and Bryerton House, 129 High Street, Linlithgow EH49 7EJ
Kirklands is registered with the Information Commissioner under registration number Z2467613.
Kirklands will be a Controller of the personal information that you provide to us and we comply with the data protection principles as detailed below.

DATA PROTECTION PRINCIPLES

Under the GDPR, the following data protection principles set out the main responsibilities for organisations processing personal data:

Data should be processed lawfully, fairly and in a transparent manner in relation to individuals
Data should be collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes
Data processing should be adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed
Data should be accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay
Data should be kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed
Data should be processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures

HOW WE COLLECT YOUR PERSONAL DATA

We use the following different methods to collect and process certain information about you:

Information provided by you directly
This will be personal information provided by you either through our website, on forms, application forms, questionnaires, during face to face meetings, via the telephone or via email.
Information collected from third parties
We will also gather personal information from other relevant third party sources during the course of your dealings with us:
Conveyancing Matters: Including from Lenders, Mortgage Brokers, Property Searchers
Estate Agency Matters: Including from Property Web Portals
Private Client Matters: Including from Wills, Executors, Registered Medical Practitioners, Searching Companies
Recruitment Matters: Including from Recruitment Agencies, previous Employers (employer references)

WHAT PERSONAL DATA WE HOLD ABOUT YOU, WHY AND THE LEGAL BASIS FOR PROCESSING

To enable us to provide our services to you, we hold and process the following personal data:

CONVEYANCING MATTERS
Personal Data Held	Purpose	Lawful Basis For Processing
Personal & Contact Details: Name, address, correspondence address, telephone numbers, email addresses Date & place of birth National Insurance Number	To correspond with you To refer to appropriate companies / bodies in the course of the conveyancing transaction To carry out Client due Diligence to meet our Anti-Money Laundering obligations For LBTT tax purposes	1. Performance of a CONTRACT between client and Kirklands 2. Compliance with a LEGAL OBLIGATION (Anti Money Laundering Regulations and Tax Laws)
Employment Details: Occupation, current & previous employers, salary and other income, Accountant and banker if self-employed	To carry out Client Due Diligence to meet our Anti-Money Laundering obligations	1. Compliance with a LEGAL OBLIGATION (Anti Money Laundering Regulations)
Financial Details: Deposit funds (source & amount), bank account details, gifted funds (source & amount)	To carry out Client Due Diligence to meet our Anti-Money Laundering obligations	1. Compliance with a LEGAL OBLIGATION (Anti Money Laundering Regulations)
Identification Documents: Photo identification and confirmation of address documentation	To carry out Client Due Diligence to meet our Anti-Money Laundering obligations	1. Compliance with a LEGAL OBLIGATION (Anti Money Laundering Regulations)
Debts or inhibitions registered in the client’s name against their property	To ensure clear title to enable conveyancing transactions to proceed	1. Performance of a CONTRACT between client and Kirklands and the client and their Lender
Mortgage or loan details	To process loan funds for a purchase or remortgage. To discharge a loan on sale.	1. Performance of a CONTRACT between client and Kirklands

ESTATE AGENCY MATTERS
Personal Data Held	Purpose	Lawful Basis For Processing
Personal Contact Details: Name, property address, correspondence address, contact telephone numbers, email addresses	1. To address and correspond with clients during the marketing of their property 2. To correspond with interested parties to send out schedules, Home Reports, arrange viewings and obtain feedback 3. To correspond with potential clients to arrange pre-sale valuations, send out reports and fee quotes4. To add individuals to our property alert service or our newsletter distribution list	1. Performance of a CONTRACT between client and Kirklands. 2. Necessary for LEGITIMATE INTERESTS to connect interested parties to properties on the market to achieve a sale 3. To provide information to prospective clients to enable them to make an informed decision about selling their property. 4. CONSENT obtained to send out information.
Identification Documents: Photo identification and confirmation of address documentation	To carry out Client Due Diligence to meet our Anti-Money Laundering obligations	1. Compliance with a LEGAL OBLIGATION (Anti Money Laundering Regulations)

PRIVATE CLIENT MATTERS
Personal Data Held (For clients and Executors)	Purpose	Lawful Basis For Processing
Personal & Contact Details: Name, address, correspondence address, telephone numbers, email addresses Date & place of birth, domicile National Insurance Number	To correspond with you. To ensure appropriate advice in given in relation to Private Client matters.	1. Performance of a CONTRACT between client and Kirklands 2. Compliance with a LEGAL OBLIGATION (Anti Money Laundering Regulations and Tax Laws)
Employment Details: Occupation, current & previous employers, salary and other income, Accountant and banker if self-employed	To carry out Client Due Diligence to meet our Anti-Money Laundering obligations	1. Compliance with a LEGAL OBLIGATION (Anti Money Laundering Regulations and Tax Laws)
Identification Documents: Photo identification and confirmation of address documentation	To carry out Client Due Diligence to meet our Anti-Money Laundering obligations	1. Compliance with a LEGAL OBLIGATION (Anti Money Laundering Regulations)
Financial Details: Assets, savings, pensions, loans, life insurance policies	Required to provide appropriate advice when preparing a Will, and to provide tax advice on Inheritance Tax Planning	1. Performance of a CONTRACT between client and Kirklands
Details of relevant third parties: Executor Details for Wills Beneficiary details for Wills and Executries Guardian details for Wills (including children’s names, address & ages if appropriate) Attorney details for Powers of Attorney	To ensure Wills and Powers of Attorney are drawn up with the appropriate information To ensure the wishes of the deceased are respected as per the terms of their Will.	1. Performance of a CONTRACT between client and Kirklands
Burial preferences and/or nomination of person for making arrangements on death	To ensure a Will is drawn up with the appropriate information	1. Performance of a CONTRACT between client and Kirklands
Certificate of Capacity in relation to a Power of Attorney	To ensure the Grant of the Power of Attorney understands the nature and impact of what they are signing and have not been unduly influenced by a third party.	Compliance with a LEGAL OBLIGATION (Adults with Incapacity (Scotland) Act 2000)

RECRUITMENT MATTERS
Personal Data Held	Purpose	Lawful Basis For Processing
Personal Details: Name, address, contact telephone numbers, email address	To identify and correspond with a candidate in relation to either a speculative enquiry or to the recruitment process for a specific vacancy	Necessary for LEGITIMATE INTERESTS. For candidates applying for a specific vacancy, this information is required to make an objective decision and fulfil the staffing requirements of the business. For job searchers applying speculatively, details will be retained in the event a relevant vacancy arises within the firm that needs filled quickly in order to meet the requirements of the business
Employment Details: Employment history, previous training, salary	To enable us to assess past experience in the shortlisting process to establish if the candidate is suitable for interview
Education and qualifications	To enable us to take any relevant qualifications into consideration during the shortlisting process to assess if the candidate is suitable for interview
Other details – if CVs are presented to us, we may hold other details that the individual has chosen to include in their CV

WHAT HAPPENS IF YOU FAIL TO PROVIDE US WITH THE PERSONAL DATA REQUESTED?

Where you are unwilling or unable to provide us with the personal data we request, we may be unable to fulfil the terms of our contract with you and as such, may be required to withdraw from acting on your behalf or taking your enquiry any further.

HOW LONG WE KEEP YOUR PERSONAL DATA FOR

We retain your personal information for as long as we reasonably require it to meet our business requirements and regulatory obligations.

Conveyancing Matters – electronic client files, data and financial records will be retained for a period of up to 10 years following completion of the transaction
Estate Agency Matters – electronic client files will be retained for a period of 2 years following completion of a sale. Financial records will be retained for a period of 10 years. For individuals who have expressed an interest in a property we are selling, data will be destroyed after 12 months of ‘inactivity’. For individuals who sign up for our property alerts or our Kirklands Newsletter, data will be held until such point as the individual unsubscribes from the service
Private Client Matters – electronic client files will be retained indefinitely. Electronic financial records will be retained for a period of up to 10 years.
Recruitment matters – speculative CVs will be retained for 12 months. CVs, application forms, shortlisting records, interview notes and correspondence in relation to a specific vacancy will be retained for 12 months after the interviews.

WHO WE SHARE YOUR PERSONAL DATA WITH

We may need to share your personal data with third parties for a variety of reasons. We require any third parties to respect the security of your personal information and to treat it in accordance with the law. The following are examples of who we may share your data with:

Conveyancing Matters – other Solicitors, Lenders, Mortgage Brokers, Searching Companies, Registers of Scotland, HMRC, City Councils, Property Factors, Surveyors, Specialist Report firms, NHBC
Estate Agency Matters – Surveyors, Photographers, Specialists, ‘For Sale’ Board Company, Viewing Agents, Viewers, Contractors
Private Client Matters – for Powers of Attorney only, the Office of the Public Guardian (Scotland). For executries only, Banks and Financial Institutions, Share Registrars, HMRC, Sheriff Court, Accountant of Court, Registers of Scotland, RSA , Insurance Companies, DVLA
Recruitment Matters – we would only share your personal details if you were successful with a job application. This may include your previous employers in order to obtain a reference or Disclosure Scotland if a reference was required from them for regulatory purposes.

WHERE WE STORE YOUR PERSONAL DATA

All information you provide to us is processed and stored on secure servers within the UK.

SECURITY

Although we do our best to protect your personal data, the transmission of information via the internet is not 100% secure. As such, we cannot guarantee the security of any data you disclose via our website and any transmission is at your own risk. Once we have received your personal data, we have in place reasonable controls to ensure that it remains secure.

YOUR RIGHTS

Under the GDPR, you have the following rights in respect of the processing of your personal information. Should you wish to exercise any of these rights, you should contact us by emailing or writing to us using the contact details at the end of this Notice. We will respond to your request within one month of receiving it, unless there are exceptional circumstances which prevent us from doing so, and in this situation, we would keep you fully informed.

Right to be informed
You have the right to be informed about the collection and use of your personal data which is what this Notice sets out.

Right of Access
You have the right to request a copy of the data that we hold about you.

Right of Rectification
You have the right to correct personal information that is held about you if it is inaccurate or incomplete.

Right to Erasure
This is also known as your “right to be forgotten”. In certain circumstances, particularly where we rely on your consent as the legal basis for processing your personal data, you can ask for the personal information we hold about you to be erased. However, if we are required to retain your personal data for legal or regulatory reasons, we may be unable to fully comply with your request.

Right to Restrict Processing
You have the right to ask us to restrict how we process your data if you believe the processing is unlawful or the data is not accurate. Please note however that this may impact on our ability to provide our services to you.

Right to Data Portability
You have the right to request that the personal information held about you be transferred to another organisation in a structured, machine readable format.

Right to Object
You may object to us using your personal data for direct marketing purposes and we will immediately comply with your request. If you would like to do so, please use our ‘Unsubscribe’ tool in emails, or email or write to us at the address at the end of this Notice.
Where we are processing your data for Legitimate Interests, you may object to our using your personal data for these purposes, giving your specific reasons for objecting to the processing of your data. While we investigate your reasons for objecting, we will temporarily stop processing your personal data unless there are compelling reasons for us to continue doing so. If we agree that your objection is justified, we will permanently stop using your data for these purposes, otherwise, we will provide you with our reasons as to why we need to continue using your data.

CONTACT DETAILS

If you wish to discuss any aspect of this Website Privacy Notice, please use the following contact details:

Email: gmg@Kirklands-law.co.uk

Address:
Privacy Officer
Kirklands Law Limited
7 King Street,
Perth,
PH2 8HR

Tel: 01738 500 764

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK’s supervisory authority for data protection issues. Their contact details can be found on their website: www.ICO.org.uk