By using this website you agree that you have read these terms and conditions and that you agree to them. If you do not agree to these terms and conditions you are not authorised to use this website.
Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of England and Wales without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the Courts of England and Wales in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.
Information on the website
Harris Fowler Ltd does not make any representation or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, research information, data and/or content contained on the website (including but not limited to any information which may be provided by any third party or data or content providers) and shall not be bound in any way by any information contained on the website. You rely on the information contained on this website at your own risk.
The trade marks, names and logos displayed on this website are trademarks of Harris Fowler Ltd. Nothing contained on this website should be construed as granting any licence or right to use any trade mark without our prior written permission.
All aspects of this website are copyright of Harris Fowler Limited and in accessing these web pages you agree that any downloading of content is for personal, non-commercial reference only. No part of this web site may be reproduced or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without prior permission of Harris Fowler Limited unless expressly stated otherwise.
Harris Fowler Limited does not make any warranties, representations, statements or guarantees (whether express or implied in law) regarding the website, the information contained on the website, your personal information or material and information transmitted over our system.
Disclaimer of Liability
Harris Fowler Limited excludes to the extent lawfully permitted all liability for loss or damage, whether direct, indirect or consequential arising out of your use of or inability to use this website, or from any information or omission contained in this website.
Any information provided on this website regarding our products and services is for general information only, does not take account of any individual circumstances and may not reflect recent changes in the law.
Users of this website need to be aware that laws and regulations outside of England and Wales may be different from those quoted on this site. Specialist legal advice should always be obtained from a suitably qualified lawyer before taking, or deciding not to take any action.
We cannot accept any responsibility for any mistakes or omissions on the website and news archives may occasionally obtain out of date information. We cannot accept any responsibility for any viruses which may affect any material you download.
You may not misuse this website (including without limitation, by hacking, attempting to gain unauthorised access to the website or any server on which the website is stored, or by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful). You may not attack the website via a denial of service attack (DoS attack) or a distributed denial of service attack (DDoS) attack.
By breaching this provision you may commit a criminal offence under the Computer Misuse Act 1990 and we will report any such breach to the relevant authority and co-operate with those authorities by disclosing your identity to them.
We will not be liable for any loss or damage caused by a distributed denial of service attack, viruses or other technologically harmful material that may infect your computer equipment, computers programs, data or other proprietary material due to your use of the website.
We may change this policy at any time by updating this page.
We cannot guarantee the security of an email during transmission. If you have any concerns as to the privacy of the online enquiry forms or email correspondence, you can telephone or write to us instead.
Harris Fowler Limited is registered with the United Kingdom’s Information Commissioners Office (ICO) as a Data Controller of personal data under the Data Protection Act 1998 and as from the 25th May 2018 the General Data Protection Regulation (GDPR) Any personal data collected during your use of this website will be processed in accordance with current UK data protection laws and will be used for: the purpose specified in the relevant part of the website; to enable us to supply you with information or assistance that you request.
We respect your right to privacy and treat our obligations under the GDPR very seriously. We will keep your personal information confidential except to the extent that it is necessary to disclose it by law or to fulfil a legal process or in order to provide a product or service that you have requested.
The transmission of information via the internet is not completely secure and although we 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 prevent unauthorised access.
We use the information you provide primarily for the provision of legal services to you and for related purposes including:
- Updating and enhancing client records
- Analysis to help us manage our practice
- Statutory returns
- Legal and regulatory compliance
Our use of that information is subject to your instructions, data protection law and duty of confidentiality. The information that you provide to us will enable us to advise you and take all necessary steps to assess, or pursue a claim for compensation on your behalf.
I. Who we share your information with
Please note that our work for you may require us to pass on such information to third parties such as expert witnesses and other professional advisers, including sometimes advisers appointed by another party to your matter. We may also give such information to others who perform services for us, such as Medical Agencies, typing, call handling, photocopying, and Special Needs trust advisors as appropriate. Our practice may be audited or checked by our accountants or our regulator, or by other organisations (including audit by government bodies such as the DVLA, MIB, or ATE legal expenses insurers as well as the SRA, ICO). All such third parties are required to maintain confidentiality in relation to your files, and there may be multiple data controllers and processors involved in the handling of your data at specific stages of your claim, each with an obligation to comply with Data Protection regulations and GDPR.
II. Lawful Basis for Processing Your Data
At the point of initial assessment of your claim, you will have been advised by the Legal Advisor of the lawful basis Harris Fowler adopted in order for us to process your data (i.e. Article 6 Contract and Legitimate Interest and Article 9(2) Processing is necessary for the establishment, exercise or defense of legal claims or whenever courts are acting in their judicial capacity) If you have concerns about the processing of data during your claim please speak in the first instance to your Legal Adviser conducting your claim.
Below is a table that defines the category of data that we collect during the course of assessing your claim, and if instructed by Harris Fowler conducting the claim on your behalf.
It also details circumstances where it is necessary to share your data with a third party and what they require this data for.
|Process for Which the Data is Required||Lawful Basis under GDPR for Processing||Third Party Sharing of Data||Comments|
|To respond to enquiries via telephone, email, fax, letter, text or in person to our Offices regarding provision of Legal Services. In the case of telephone enquiries this will include the recording of the conversations for monitoring and quality purpose.||To fulfil contractual obligations to perspective clients, this includes the assessment of any claim prior to entering into a contract, and in addition for the establishment, exercise or defense of legal claims due to the Special Category of Data to be processed.||Call Centre (Response Team) acting as Data Processor for Harris Fowler.It may be necessary in exceptional circumstances to obtain specialist advice in order to assess the potential merit of a claim.||There may be occasion where it is not possible to contact you within normal office hours and as a result we may instruct our Call Centre (Response Team) to attempt to make contact with you at a more convenient time outside of normal office hours.|
|To administer our relationship with you and progress your claim, addressing any additional enquiries within normal office hours.||To fulfil contractual obligations to clients, and in addition for the establishment, exercise or defense of legal claims.||Expert witnesses and other professional advisers, Medical Agencies and Special Needs Trust Advisors (where applicable)||N/A|
|To respond to enquiries via telephone, to our Call Centre regarding provision of Legal Services. This can include data classified as Special Category or Sensitive Data due to the nature of your potential claim.||To fulfil contractual obligations to perspective clients, this includes the assessment of any claim prior to entering into a contract, and in addition for the establishment, exercise or defense of legal claims.Where this includes information from a Third party or relating to a minor this is classified under “Legitimate Interest”||In this instance the call would be directly to our Call Centre who act as a Data Processor and capture the information on behalf of Harris Fowler||Where information is processed having been received by a Third Party, it is assumed that said third party has obtained the necessary consent or lawful basis to provide this information.|
|To respond to enquiries via our Website contact form||To fulfil contractual obligations to perspective clients, this includes the assessment of any claim prior to entering into a contract, and in addition for the establishment, exercise or defense of legal claims.Where this includes information from a Third party or relating to a minor this is classified under “Legitimate Interest”||In this instance the call would be directly to our Call Centre who act as a Data Processor and capture the information on behalf of Harris Fowler||N/A|
To communicate with you regarding feed-back on service provided to you during the course of your contract. Or to request that a testimonial may be used in promotional material or on our website.
|To seek explicit consent prior to sharing information with a third party. Or the use of such information for a testimonial or promotional material.||Trust Pilot or other similar platform.Media Consultant.||An invitation will be sent that will be specifically defined the scope of the information requested and consent sought.|
|To provide Legal Claims Assessment and Initial Legal Advice by telephone, email, letter or text. Which in the case of telephone will include the recording of the conversations for monitoring and quality purpose||To fulfil contractual obligations to perspective clients, this includes the assessment of any claim prior to entering into a contract, and in addition for the establishment, exercise or defense of legal claims||It may be necessary in exceptional circumstances to obtain specialist advice in order to assess the potential merit of a claim.||A copy of recording of the initial enquiry with the Legal Advisor is retained and place on the Case Management system.|
|To process and respond to complaints relating to the provision of legal services and any aspect relating to GDPR||To meet a legal obligation||To share this information with the relevant regulatory bodies on request.||N/A|
|Response and Disclosure of information for a Regulatory, Audit and Accounting Purposes||To meet a legal obligation||To share this information with the relevant regulatory bodies on request.||N/A|
|To monitor and record information in relation to our services and use of our website||To meet a “Legitimate Interest” in order to improve or maintain the operation of the website||Web Service Provider/Developer and Cookie Provider||N/A|
|For the purpose of preventing crime and safeguarding staff and visitors||To meet the requirements of a contract.||Legal Discloser to the Police in the event of a legitimate request for disclosure||Recordings are only retained for a period of 15 weeks in line with our retention policy|
|To conduct Human Resource administration including assessing suitability, eligibility and/or fitness to work.||To fulfil contractual obligations to perspective clients, this includes the assessment of any claim prior to entering into a contract||Disclosure and Barring ServiceEmployment Advice Specialists||N/A|
III. Correcting Errors on Your Data
We seek to keep your personal data correct and up to date. You should let us know as soon as possible if your contact details change, or believe the information we hold about you needs to be corrected or updated. This should be notified to your Legal Advisor in the first instance, but should you need to escalate this issues our Data Protection Officer is Tim Jenkins, and who you should contact if you wish to make a complaint either by email, telephoning or writing to him
Tim Jenkins – DPO
Harris Fowler Limited
6-7 Hammet Street
Telephone No: 01823 251515 email: DPO@harrisfowler.co.uk
IV. Right of Access
You have a right of access under data protection law to the personal data that we hold about you. This is known as a “Subject Access Request”. Except in exceptional circumstances (which we would discuss and agree with you in advance), you can obtain this information at no cost. We will send you a copy of the information within 30 days of receiving your request. As from 25th May 2018 and in accordance with the GDPR you can request that we erase all personal information that we hold on you (where it may be appropriate and we can comply without conflict to our legal and regulatory obligation). Your request will be addressed and actioned within 30 days.
V. The Right to Complain
Harris Fowler take the processing and security of your data very seriously, should you have a concern regarding the way in which your personal data has been managed you can raise this with
Tim Jenkins – DPO
Harris Fowler Limited
6-7 Hammet Street
Telephone No: 01823 251515 email: DPO@harrisfowler.co.uk
Alternatively, you have the right to lodge a complaint with the Information Commissioner’s Office who may be contacted at Wycliffe House, Water Lane, Wilmslow SK9 5AF or https://ico.org.uk
VI. Marketing Policy
We do not use your information for direct marketing purposes, but you may be asked to complete a third party review of the services you have received from us. If this occurs then you will be asked to consent to that review platform handling your data as a Data Controller, this only refers to the contents of any review that you might submit to them and not any information that we hold on your behalf about your claim.
VII. Data Retention and Destruction Policy
Any data that we hold will be held by us as required by our regulatory body in secure storage, and will be destroyed as set out in our policy on the length of time that we will hold data, but is generally held by us for 7 years in paper format, and 15 years in electronic format, although there may be some legal exceptions to this and we will inform you if this is the case with your file. All data is currently held in the UK. All of your data is held securely and we have a high level of data security in both our IT and paper based systems and protocols to protect sensitive and confidential information.
VIII. Data Protection – Your Obligations
If you send us personal data about anyone other than yourself you will ensure you have any appropriate consents and notices in place to enable you to transfer that personal data to us, and so that we may use it for the purposes for which you provide it to us.