Who we are
This is the privacy statement of J. & H. Mitchell LLP, trading as J. & H. Mitchell W.S., a Limited Liability Partnership, registered in Scotland under No. SO303818, which is a law firm practising in Scotland and regulated by The Law Society of Scotland.
This privacy statement explains how we collect and use personal information about you.
Clients of the firm you should read this notice alongside our general Terms of Business and Letter of Engagement.
The exact information we will request from you will depend on what you have asked us to do.
The personal information that we collect about you will be provided to us by you.
An important part of the ‘know your customer’ checks, that we as solicitors are required to do, involves recording your full name, date of birth and residential address and verifying this information according to strict industry standards and government-approved guidelines. All clients must take part in these checks. J & H Mitchell W.S employs third party suppliers to provide services including utilising the services of a credit reference agency (https://www.transunion.co.uk/legal-information/bureau-privacy-notice).
In addition we will collect the following additional information
For some transactions, such as buying a property, another important part of the process is confirming where the money that you provide will be coming from, for example a UK bank account, an overseas transfer or money from a third party and how you have obtained that wealth, for example investment income, savings, sale of another property, or an inheritance.
For some transactions, including any that may necessitate correspondence with HMRC or Revenue Scotland, and in particular for property purchases, we will also require to know your National Insurance Number.
We will provide you with a Personal Details Form when you first engage us as solicitors, and again not more often than once every three years. Other than providing the information outlined above, there is no obligation on you to complete this form more fully than that with which you are comfortable.
There may be circumstances, in carrying our legal work, where we may need to disclose some of your information to third parties in order to complete this work on your behalf, for example:
Where appropriate, we ensure that any third parties comply strictly and confidentially with our instructions and they do not use your personal information for their own purposes unless you have explicitly consented to them doing so.
There may be some uses of personal data that require your specific consent. If this is the case we will contact you separately to ask for your consent.
We will never sell or pass your information to third parties for marketing purposes.
If you do not provide your personal information then we may be unable act on your behalf, or continue to act on your behalf, in particular where the information is required in order to comply with Money Laundering Regulations or to meet other legal or regulatory requirements.
It is our policy to retain all client files (both physical and electronic) for a period of at least 10 years after the closure of the file. This includes customer due diligence documents and client financial information obtained for the purposes of compliance with the Money Laundering Regulations.
Our retention policy is based on the Law Society of Scotland guidelines
You can visit and browse our website without providing any personal information.
You may choose to submit your personal information by contacting us through our website Contact Form. In such instance we will only process your personal information for the purpose of responding to your request and for no other purpose, without your prior consent.
For the terms and conditions of use for our website please see the separate ‘Terms & Conditions” page on our website
We will not transfer your personal information to a country outside the European Economic Area without your prior consent and without first having assessed the adequacy of protection for individual rights in respect of personal data available in that country.
We are committed to protecting the privacy and confidentiality of your personal information. We use appropriate standards of technology and operational security to protect personal information including a Secure Server and network firewall connection. Operationally, access to personal information is restricted to authorised personnel who are under a duty to maintain the confidentiality and security of such information.
The Internet is inherently insecure. Personal information submitted by means of the Internet may be vulnerable to unauthorised access by third parties. Submission of personal information using the Internet is at your own risk. We will take reasonable and appropriate technical measures to ensure that your personal information is stored in a secure manner. However, we shall have no liability for disclosure of data due to errors in transmission or the fraudulent, negligent or other illegal acts of a third party, such as ‘Hacking’. Any transmission of personal information on or through the use of our website is at your own risk
Access to your information – You have the right to request a copy of the personal information about you that we hold.
Correcting your information – We want to make sure that your personal information is accurate, complete and up to date and you may ask us to correct any personal information about you that you believe does not meet these standards.
Deletion of your information – You have the right to ask us to delete personal information about you where:
Objecting to how we may use your information – You have the right at any time to require us to stop using your personal information for direct marketing purposes. In addition, where we use your personal information to perform tasks carried out in the public interest then, if you ask us to, we will stop using that personal information unless there are overriding legitimate grounds to continue.
Restricting how we may use your information – In some cases, you may ask us to restrict how we use your personal information. This right might apply, for example, where we are checking the accuracy of personal information about you that we hold or assessing the validity of any objection you have made to our use of your information. The right might also apply where this is no longer a basis for using your personal information but you don’t want us to delete the data. Where this right to validly exercised, we may only use the relevant personal information with your consent, for legal claims or where there are other public interest grounds to do so.
Withdrawing consent using your information – Where we use your personal information with your consent you may withdraw that consent at any time and we will stop using your personal information for the purpose(s) for which consent was given.
Please contact us in any of the ways set out in the Contact information and further advice section if you wish to exercise any of these rights.
We keep this privacy statement under regular review and will place any updates on this website.
Paper copies of the privacy statement may also be obtained by e-mailing us at email@example.com, or by writing to us at 51 Atholl Road, Pitlochry, or by telephoning us at 01796 472606.Information and further advice
If you require further information or advice please write to J. & H. Mitchell W.S., 51 Atholl Road, Pitlochry, Perthshire, e-mail to firstname.lastname@example.org, or telephone to 01796 472 606.
We seek to resolve directly all complaints about how we handle personal information but you also have the right to lodge a complaint with the Information Commissioner’s Office, whose contact details are as follows:
Information Commissioner’s Office
Telephone – 0303 123 1113 (local rate) or 01625 545 745
Website – https://ico.org.uk/concerns
This privacy statement was last updated on December 2019.
What are Cookies?
Cookies are text files containing small amounts of information, often including a unique identifier, which are downloaded to your computer when you visit a website – if your browser preferences allow it. Cookies are then accessed by the originating website on each subsequent visit. Cookies are useful because they allow a website to recognise a user’s computer.
How are cookies used on our website?
We use Google Analytics cookies to hold information about your visit to our site. This helps us better identify the use and popularity of our services and how successfully the website is functioning. If you do not wish us to do this, you can opt out of the Analytics service by installing an add-on for your browser. This can be found at http://tools.google.com/dlpage/gaoptout. Alternatively you can delete/restrict the cookies as for any other cookie – see ‘How to control and delete cookies’ for more information.
Types of cookies
Session cookies are created temporarily when a user visits a website. Once the user leaves the site/closes the browser, the session cookie is deleted. A persistent cookie file remains on the user’s computer and is re-activated when the user visits the website that created that particular cookie. These cookies expire after a certain period (set in the file), or can be removed manually.
Classification of cookies
The cookies on this website have additionally been categorised based on the categories found in the International Chamber of Commerce (ICC) UK Cookie Guide:
|Strictly necessary cookies||These cookies are essential in order to enable you to move around the website and use its features, such as accessing secure areas of the website.|
|Performance cookies||These cookies collect information about how visitors use a website, for instance which pages visitors go to most often, and if they get error messages from web pages. These cookies don’t collect information that identify a visitor. All information these cookies collect is aggregated and therefore anonymous.|
|Functionality cookies||These cookies allow the website to remember choices you make [such as your username, language or the region you are in] and provide enhanced, more personal features. For instance, a website may be able to provide you with local weather reports or traffic news by storing in a cookie the region in which you are currently located. These cookies can also be used to remember changes you have made to text size, fonts and other parts of web pages you can customise. They may also be used to provide services you have asked for such as watching videos or commenting on a blog. The information these cookies collect may be anonymised and they cannot track your browsing activity on other websites.|
|Targeting/advertising cookies||These cookies are used to deliver adverts more relevant to you and your interests. They are also used to limit the number of time you see an advertisement as well as help measure the effectiveness of the advertising campaign.|
Cookies used on our website
|Cookie Name||Cookie Description||Cookie Classification||Cookie Behaviour|
|PHPSESSID||This cookie is part of the scripting language that runs our site, and allows information to be passed between pages as you navigate through the site. For instance, should you use the online booking enquiry form, if you need to go back and correct any information on the form, this cookie helps by ensuring you don’t have to type in all the information again. This cookie does not store any personally identifiable information and is deleted when you close your browser.||Strictly necessary cookie||Session cookie – disappears when the user closes the browser.|
Used by Google Analytics to track user count of visits to a site, when a first visit was, and a last visit.
|Performance cookie||Persistent cookie, lasts for 2 years|
Used by Google Analytics to track exactly when a user visits a site.
|Performance cookie||Persistent cookie, lasts for 30 minutes|
|_utmc||Google Analytics. Used by Google Analytics to track exactly when a user leaves a site.||Performance cookie||Session cookie – disappears when the user closes the browser.|
Used by Google Analytics to track how a user got to this site (where from), what link was used, what part of the world.
|Performance cookie||Persistent, lasts for 6 months.|
How to control and delete cookies
You can manage cookie usage through your browser settings. The help function in your preferred browser should provide you with the correct information. Some browsers provide helpful cookie guides:
Alternatively, http://www.allaboutcookies.org provides advice on how to do this, and further information on cookies and how to manage them.
N.B. In the case of some mobile devices, it may be necessary to consult the device’s instruction manual to manage cookies effectively.