Last updated: July 2020

ABOUT US

We, The Claims Guys Legal, are committed to safeguarding the privacy of our prospective Clients (Prospects) and our Clients; this policy sets out how we will treat your personal information.

We are a Data Controller, which means that we determine the purposes and the means of processing your personal information. We are registered directly with the Information Commissioner’s Office (ICO) and our registration number is ZA283700.

Throughout this document we refer to the provision of our “Legal Services”. A definition of Legal Services can be found within our Terms of Engagement.

THE DATA SUBJECT (“YOU”)

For the purpose of data processing we will refer to you as either a Prospect, or a Client depending on your relationship with The Claims Guys Legal. For ease, we have split this policy into three sections:

  • Prospect: this section is relevant to any potential Clients who have not entered into an Agreement with The Claims Guys Legal by signing our Letter of Authority or Agreement to Proceed.
  • Client: this section is relevant once you have entered into an Agreement with The Claims Guys Legal by returning a signed Letter of Authority and/or Agreement to Proceed.
  • Everyone: this section is relevant to all individuals who engage with us, including both Prospects and Clients.

Throughout the policy, we refer to your personal information as your data.

PROSPECTS

WHY WE REQUIRE YOUR DATA

When you provide your data to us, you consent for us to use your personal information to:

  • Contact you about offering our Legal Services via the contact methods you have provided, which could include telephone, text message (SMS), email and/or post; and
  • Administer our website, including ensuring that we can enable your use of the services on our website (including enquiries and complaints about our website) and improve your browsing experience by personalising the website.

THE DATA WE REQUIRE

To process your enquiry, we require that you provide your full name and postal address. Depending on the method by which you make your enquiry, we may also require that you provide your email address and/or telephone number. Upon receipt of your data we will attempt to contact you using the contact methods you have provided.

If you do not wish to provide the personal details we require, we will unfortunately be unable to offer our services to you.

DATA RETENTION

We will keep your contact details following an enquiry for a maximum period of three years. During this period, we will contact you using the contact details you have provided to offer you our services as per your initial enquiry. Contact will be made using the contact methods you have provided which could include:

  • Telephone, text message (SMS) email; and
  • Post.

We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information. We will store all the personal information you provide on our secure servers that are subject to strict security requirements.

WITHDRAWING YOUR CONSENT

You can withdraw your consent for us to contact you by telephone, text message (SMS), email and/or post at any time. You can withdraw consent verbally via telephone or in writing via email or post using the contact details at the end of this policy. Additionally, every email and text message (SMS) we send to you will contain an option to opt out.

CLIENTS

WHY WE REQUIRE YOUR DATA

During the provision of our services, you agree for us to process your personal information through signing a Letter of Authority and/or our Agreement to Proceed to allow us to:

Letter of Authority

  • Submit information requests and/or Data Subject Access Requests to relevant third parties to obtain information about the financial product(s) you held/hold to establish if you are eligible to make a Claim(s); and
  • Provide you with updates via telephone, text message (SMS), email and post where such contact details have been provided.

Agreement to Proceed

  • Submit information requests and/or Data Subject Access Requests to relevant third parties to substantiate your Claim(s), as necessary;
  • Undertake our Legal Services;
  • Provide you with updates via telephone, text message (SMS), email and post where such contact details have been provided; and
  • Send statements and invoices to you and collect payments from you.

DATA RETENTION

Once you have entered into a contract with us, we will keep your personal data for up to seven years following the conclusion of our contract with you.

The retention of your data enables us to provide our services to you, and fulfil our legal obligations including our accounting requirements and our regulatory obligations, such as complaints handling.

We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information. We will store all the personal information you provide on our secure servers that are subject to strict security requirements.

UPDATING YOUR CONTACT PREFERENCES

You can opt-out of contact by telephone, text message (SMS) and/or email at any time. Whilst you have an active Agreement with us, you are unable to withdraw consent for postal communications, as we require this method of contact to fulfil our contractual and regulatory obligations.

You can update your contact preferences verbally via telephone or in writing via email or post using the contact details at the end of this policy.

EVERYONE

WHAT INFORMATION DO WE COLLECT?

We collect, store and use the following kinds of information:

  • Website use – we will record information about your computer and about your visits to and use of our website, including your IP address, geographical location, browser type, referral source, length of visit and page views;
  • Personal information – for example, your name, date of birth, address details and contact information;
  • Special or sensitive information – data protection law defines some personal information as ‘sensitive’ for example information about your physical health. It may sometimes be necessary to collect this information to help us provide you with a better service however, we will only collect and process this type of information with your consent;
  • Financial information – to investigate any potential Claim(s) we require information about financial products you hold/held which could include the type of product (i.e.: a loan or credit card), the start and end date of the product, transactional information or account statements;
  • Information to help us to better understand you and provide you with information about other services which may be suitable and relevant – for example, information about how you interact with electronic communications we send, such as email and text message (SMS); and
  • Information about other people – if you provide personal information about someone else, for example when a joint Claim is made, you must do so with the permission of the other person. The personal information about the other person will be used in the ways as described in this policy.

HOW DO WE COLLECT YOUR PERSONAL INFORMATION?

  • When you make an enquiry to us by telephone, by email, on our website, via social media, through a third party or by any other means;
  • Where you instruct a claims management company, such as The Claims Guys, or other third party to refer a potential Claim(s) to us;
  • When you provide information directly to us once you have entered into an Agreement with us by telephone, by email, on our website or by any other means;
  • From a third party(ies) with your instruction, for example where you have signed our Letter of Authority and/or Agreement to Proceed instructing us to make an information request or Data Subject Access Request to a third party(ies) for the purposes of substantiating your Claim(s);
  • Where a third party, such as a financial organisation or the Court provides information in response to a Claim(s);
  • From identity checking services, and credit reference agencies:
    • we are required by law to verify your identity and address(es) and to do so, we undertake an electronic check. This process involves searches with credit reference agencies, fraud prevention agencies and the electoral register. The agencies will record the details of the search, but the electronic check will have no effect on your credit rating;
    • where we require information about your financial product(s) to progress your Claim(s) we may obtain this from the credit reference agency, Experian. The information we have access to is limited to specific information about the financial products you hold/held, such as the date(s) you opened and closed an account. As part of our request we will provide Experian with your name, date of birth and contact information. Experian will use this information to assist them with identity verification and prevention of fraud/money laundering. More information about how Experian handles your personal data can be found online at: www.experian.co.uk/legal/crain
  • When you add reviews to a review platform or interact with us using social media;
  • When we may need to obtain up to date information about you to meet our contractual, legal or regulatory obligations for example, we may use a tracing agent to find up to date contact information for you if we require your Instruction(s) to progress your Claim(s); and
  • Any other instance where you have given permission for your information to be provided to us.

WHO DO WE SHARE YOUR PERSONAL INFORMATION WITH?

We do not sell your data to third parties in any circumstances. To facilitate your Claim(s) and provide our services to you we need to communicate your personal data to other individuals or organisations. Your personal data will always be processed in strict confidence and we will take all reasonable steps to ensure that any third party has adequate security measures in place.

  • Progressing your Claim(s): to progress your Claim(s) we will provide your data to named financial institutions, their legal representatives and, if required, the Financial Ombudsman Service and County Court centres. Additionally, our work for you may require us to disclose information to other third parties to assist us in the investigation and progress of your Claim(s) such as credit reference agencies, expert witnesses and other professional advisers, for example Counsel, or a Barrister to represent you at Court;
  • Funding and Insurance: we may work with a litigation funder(s) and/or insurance provider(s) to arrange support with and cover for costs associated with your Claim(s). Where we arrange funding for your Claim(s), or recommend you take out an insurance policy(ies) we will contact you about this;
  • Systems and IT: we use third-party firms which support the running of our business through providing essential data storage, software and other IT services;
  • Communicating with you: we use an outsourced print-house that manages our printing, they receive a copy of a postal communication and print and send this on our behalf. Additionally, we may use third-party platforms to manage and send some of our email and text message (SMS) communications;
  • Administrative support: we may outsource some elements of your Claim(s) such as the processing of documentation relevant to your Claim(s) and the conduct and receipt of telephone calls to our referral partner, The Claims Guys, or other specialist supervised companies;
  • Marketing to you: we use third-party media agents, including Ropto Limited, to design, host and manage our advertisements. They will also set cookies on your device in accordance with our Cookie Policy. They are our data processor, which means they only process your data under our contract with them and under our strict instruction. They receive a copy of the data that you have submitted through our website, including your IP address. We also use third-party advertising services which provide analytical information about our advertising to help us improve this in the future. In any event, the data held by analytics firms is on an anonymised basis, meaning they cannot identify you;
  • Collecting our Fee(s): where you have a Fee(s) that is due to us under our Agreement but remains unpaid despite efforts on our part to recover the funds due, we may pass your personal data to third parties that support with debt management, including potential purchasers of any outstanding debt;
  • Meeting our obligations: we use professional legal, consultancy and accountancy services to help us fulfil our regulatory and legal obligations. In certain circumstances we may be required to provide your data to our Regulator, or other relevant body, for example the credit reference agencies, fraud prevention agencies, the Solicitors Regulation Authority, the Legal Ombudsman Service, the Information Commissioner’s Office or a law enforcement body; and
  • Other third parties: we may share your data with other third parties where we believe we have a legitimate interest to do so, such as tracing agents, review platforms, market researchers, or potential buyers of some or all of our business during a sale, or re-structuring.

If you request for us to stop processing your data, we will also communicate this to the relevant third parties if they are processing this on our behalf. If you have any concerns about the above third parties, please let us know and we can provide advice and support to help you manage your data preferences.

LEGITIMATE INTERESTS

We may use your personal data for purposes outside of our contractual services (our Agreement with you) where we believe that it is in our legitimate interest to do so. When we rely on our legitimate interest, we make sure we consider and balance any potential impact on you and your rights before we process your personal data.

One example of this is where we rely on legitimate interests to process your personal data for marketing purposes, which is outlined in more detail later in this policy. Other examples include:

  • Reviews and research: we may contact you to ask you to provide a review about the services which you have received or where we are carrying out market research which may help us design future products and services or to help improve our current services;
  • Internal Analysis: we may use your personal data to assess our performance as a business and for statistical analysis, as part of our legitimate interest to develop our business and our products. We may also share this information with third parties who provide us with services and where we have a contractual obligation to do so; or
  • Sale, or re-structuring: we may share your data with potential buyers of some or all of our business during a sale, or re-structuring and may rely on legitimate interests to transfer ownership of your file(s) with us including any ongoing Claim(s) to a third party.

MARKETING AND PROFILING

We use marketing to let you know about any further services offered by us which may be of interest to you, including communication of any developments that may have an impact on the original service you engaged with us about (e.g. a change in the law that will make additional services available to you) and/or similar products and services.

Should you no longer wish to receive information about similar products and services, you can always object to receiving marketing communications from us and we will stop processing your data for marketing purposes. You can object verbally via telephone, or in writing via email or post using the contact details at the end of this policy.

We may use your personal information, including information about how you interact with communications we send to make decisions about what services we think you may be interested in and tailor our marketing communications to you. This is called profiling for marketing purposes. We believe we have a legitimate interest to do this and that it is not against your rights. However, if you do not want us to use your personal information in this way you have a right to object to this and can let us know using the contact details at the end of this policy.

YOUR RIGHTS

You remain in control of your personal data and have rights over your data, we summarise some of these rights below.

You can make a request to exercise your rights using reasonable means, including by telephone, post or email. If you make the request by email, we will provide any response or information in a commonly used electronic format unless you instruct us otherwise. Where you make a request to exercise one of your rights, we will action this within one month. However, should the request be complex we can extend this by a further two months. We will inform you of this in this event.

  • Accessing Your Personal Data
    You have the right to request from us a copy of the personal data that we may hold about you. This is often called a ‘Data Subject Access Request’. We will provide this free of charge. However, if you make a repeat request, we may charge an administrative fee of £10. Before providing this information to you or to another person or company where you have requested this personal data to be sent to, we may ask for proof of identity or ask sufficient questions to enable us to locate the information and ensure that we are only providing it where you have given your agreement.
  • Correcting Your Personal Data
    If the personal information we hold about you is incorrect, or incomplete you have the right to request that we correct this.
  • Stopping, Or Limiting The Processing Of Your Personal Data
    You may request that we stop processing your data, for a specific purpose or any purpose if you believe we are no longer entitled to process it. There may be occasions where we are unable to stop processing your personal data and we will discuss this with you when responding to your request.
  • Deleting Your Personal Data
    If you believe that we no longer have any reason to process or hold your data, you may request that we delete this. There may be occasions where we are unable to delete your personal data due to contractual, legal or regulatory obligations. We will, however, discuss this with you when responding to your request.
  • Transferring Your Personal Data
    You can request your data in a commonly used electronic format, and for us to transfer this to another entity or person, where we are processing your data with your consent or in accordance with a contract. This will only apply to information which is processed by automated means (i.e. by a computer).

LEGAL REQUIREMENTS

We may be required to use your data due to a legal requirement which is placed upon us; this includes our regulatory requirements such as financial record keeping, staff training and monitoring, in addition to complaint handling. In these circumstances, we may be required to keep your data by law. We will always inform you if this is the case.

THIRD-PARTY DATA TRANSFERS

We will only share your personal information outside the European Economic Area (EEA) where we have your consent, to comply with a legal duty, or where we work with a third-party service provider to enable us to provide you with our services, and they process information outside of the EEA.

If we do share your information outside of the EEA with a third-party service provider, we will make sure that it is protected to the same extent as in the EEA. This includes through ensuring that the transfer is covered by an appropriate safeguard or that the European Commission has made an ‘adequacy decision’ in respect of the data protection measures of the country the service provider is located in. More information on this can be found on the European Commission Justice website or the Information Commissioner’s Office website.

In addition, some of the third-party service providers we use that are based in the EEA may provide services which mean your data is transferred outside of the European Union. In any case, we ensure that there are appropriate security measures in place such as technical security, including encryption and restricted access to your data. We have strict contracts in place to make sure your data is kept safe and your data is always under our control. If you have any questions, please feel free to contact us for further information.

COOKIES

Our cookie policy can be found online at: www.theclaimsguyslegal.com/cookie-policy

THIRD-PARTY WEBSITES

Our website contains links to other websites. We are not responsible for the privacy policies or practices of third-party websites.

POLICY AMENDMENTS

We may update this privacy Policy from time-to-time by posting a new version on our website at www.theclaimsguyslegal.com/privacy-policy

You should check this page occasionally to ensure you are happy with any changes.

CONTACT US

If you have any questions about this policy or our treatment of your personal data, please contact us:

Where provided electronically, a paper copy of this policy can be made available upon request.

If you are not happy with how we process your personal information you should contact us to make a complaint. If you are not happy with how we have dealt with your complaint, you have the right to make a complaint with the Information Commissioner’s Office. You can find their details on their website at ico.org.uk