We are committed to protecting your privacy and complying with data protection legislation.  This Privacy Notice contains important information about us, how and why we collect, store, use and share personal information, your rights in relation to your personal information and on how to contact us and the Information Commissioner’s Office (ICO), the supervisory authority, in the event you have a complaint.

If you are reading this Privacy Notice on the website owned and controlled by DMH Stallard LLP, www.dmhstallard.com, please also refer to its Privacy Notice and Cookie Policy, the latter of which explains the use of cookies through its site.

This Privacy Notice is provided in a layered format so you can click through to the specific areas set out below.

Who we are

We are DMH Stallard Trust Corporation Limited, a limited company registered in England (registered number 02872937). Our registered office is Griffin House, 135 High Street, Crawley, West Sussex, RH10 1DQ.

We collect, use and are responsible for processing certain personal data about you. When we do so we are regulated under the retained EU law version of the General Data Protection Regulation ((EU) 2016/679) (UK GDPR) and the Data Protection Act 2018 (DPA 2018), and we are responsible as ‘controller’ of that personal information for the purposes of those laws.

DMH Stallard Trust Corporation Limited is owned and controlled by DMH Stallard LLP, a limited liability partnership registered in England (registered number OC338287). Its registered office is also Griffin House, 135 High Street, Crawley, West Sussex, RH10 1DQ and it is authorised and regulated by the Solicitors Regulation Authority.

DMH Stallard Trust Corporation Limited was set up to provide discreet and specific services (set out below) to clients of DMH Stallard LLP. Accordingly, any data processed by us is also processed by DMH Stallard LLP. A copy of the DMH Stallard LLP Privacy Notice can be found here: Privacy Notices.

The personal information we collect and use

Information collected by us

In the course of providing legal, planning and/or other services, we may collect and process the following personal data about you:

Information provided by you

  • Identity information such as your name, previous names, marital status, tax details, title and date of birth.
  • Contact information such as, address, phone number and email address or personal data relating to other people within your organisation (where applicable).
  • Information to assist us with providing a service to you.
  • Information from filling in forms on the DMH Stallard site. This includes information you provide when you subscribe to a newsletter, search for a service, or complete a survey, and when you report a problem with the DMH Stallard site.
  • Special categories of personal data, for example, in connection with your attendance at a seminar or event hosted by us to identify disabilities or dietary requirements or in connection with a personal injury claim or where such information is required in connection with the services we provide.

Information obtained by us

  • Publicly available information about you or your business (including through electronic sources).

How do we collect your personal data?
We may collect personal data about you or your organisation in a number of circumstances, such as:

  • When you enquire or obtain legal or planning advice or services from us;
  • When you or your organisation offer to provide or provide services to us; and
  • When you use, browse, make an enquiry or otherwise interact on the DMH Stallard site.

Information we receive from other sources

We may receive personal data about you from people liaising with us in relation to the services we are providing to you. For example, accountants, financial advisors, business partners and other professional advisors.

We may also obtain your personal data from others acting on your behalf, with your consent. For example, under a Power of Attorney, executors or trustees.

As we work closely with third parties including, for example, sub-contractors in technical, payment and delivery services, analytics providers, search information providers, and credit reference agencies we may also receive information about you from them.

Personal data about other people which you provide to us

If you provide personal data to us about someone you must ensure that you are entitled to disclose that personal data and information to us and that, without us taking any steps to verify this, we may collect, use and disclose that personal data as described in this Privacy Notice. It is your responsibility to inform the individual concerned of this Privacy Notice, where required to do so.

How we use your personal information to provide our services

We process your personal information in the following ways:

  • to provide legal and planning advice and services, including estate administration services;
  • to prepare and submit inheritance tax returns;
  • to provide wills and estate planning;
  • in connection with the setting up, registering and running of trusts;
  • in connection with the beneficiaries of any trusts;
  • to provide court of protection work including the arrangement of powers of attorney/deputyships;
  • to comply with any legal and regulatory obligations;
  • for insurance purposes;
  • for monitoring and assessing compliance with our policies and standards;
  • for investigating and resolving actual and potential claims and complaints against us;
  • to comply with court orders and to exercise and/or defend our legal rights; and
  • for any purpose related and/or ancillary to any of the above or any other purpose for which your personal data was provided to us.

Collectively, we refer to the above as the Services in the remainder of this Privacy Notice.

We may use your personal data to send you marketing communications. You may receive marketing communications from us if you have requested information from us or instructed us to provide Services and you have not opted out of receiving that marketing. We will obtain your express opt-in consent before we share your personal data with any third party for marketing purposes. You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time.

It may be that from time to time, we need to use your personal data for other specific purposes. In such instance, we will provide you with a fair processing notice detailing such use of your personal data.

How we use Information we receive from other sources 

We may combine this information with information you give to us and information we collect about you. We may use this information and the combined information for our provision of the Services.

We may also collect, use and share aggregated data such as statistical or demographic data which is not personal data as it does not directly (or indirectly) reveal your identity. We may use such data for analytical and research purposes.

Who we share your personal information with

We will share your information with DMH Stallard LLP. We may also share your personal data with other entities within the DMH Stallard Group all of which are based within the United Kingdom.

Furthermore, we may also share and/or disclose your information with selected third parties including:

  • Business partners, professional advisers, suppliers and sub-contractors for the performance of any contract we enter into with them or you;
  • Barristers, mediators, arbitrators (or other legal specialists), experts, consultants or any equivalent in connection with your matter;
  • Foreign law firms for the purposes of obtaining foreign legal advice (based in the EEA and other countries);
  • Service providers acting as processors or sub-processors based within the EEA and who provide IT and system administration services to DMH Stallard LLP;
  • Any law enforcement agency, court, regulator, government authority (including HM Revenue & Customs) or other third party where we believe this is necessary to comply with a regulatory obligation or otherwise to protect our rights or the rights of any third party;
  • The Solicitors’ Regulation Authority and other regulators of our business and the Legal Ombudsman;
  • Our insurers and any legal provider appointed by our insurers;
  • Quality standards bodies such as Lexcel;
  • Credit reference agencies for the purpose of assessing your credit score where this is a condition of us entering into a contract with you or for verifying your existence and address. The credit reference agency may keep a record of that information. They may check your personal details against any particulars on any database (public or otherwise) to which they have access.  They may also disclose your personal details and the fact that a search was made to its other customers for the purposes of assessing the risk of giving credit and occasionally to prevent fraud, money laundering and to trace debtors; and
  • Third parties who assist us with our compliance obligations, such as third parties who undertake identity and sanctions checks.
  • If we or DMH Stallard LLP sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
  • If DMH Stallard LLP or substantially all of its assets are acquired by a third party, in which case personal data held by it about its clients will be one of the transferred assets.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

Whether information has to be provided by you, and if so why

The provision of certain personal data may be required from you to enable us to provide the Services. For example, we may require personal data to process your instructions and to comply with our regulatory obligations. We will inform you at the point of collecting information from you whether you are required to provide the information to us. If you are unable to provide the required personal data we may not be able to provide you with the Services.

How long your personal information will be kept

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements which includes investigating any legal claims that may be made against us.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements. Please contact us if you require further detail regarding our retention policy.

Reasons we can collect and use your personal data

We will process your personal data for one or more of the following lawful grounds:

  • Where we need to perform the contract we are about to enter into or have entered into with you, to provide you with the Services.
  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
  • Where we need to comply with a legal or regulatory obligation.
  • Where we rely on your consent.

Where we process special categories of personal data (racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, physical or mental health or condition, sexual life or sexual orientation, genetic data or biometric data) we do so as necessary for the establishment, exercise or defence of legal claims or where we have your explicit consent.

We may process criminal offence data either as necessary for the establishment, exercise or defence of legal claims or where we have your explicit consent.

If you would like any further information regarding the grounds upon which we process your personal data, please contact our Data Protection Officer whose details are below.

Transfer of your information out of the UK

The data that we collect from and about you may be transferred to, and stored at, a destination outside the United Kingdom (UK). This may include countries which do not provide the same level of protection as the data protection laws governing the UK. We will ensure that any such international transfers are made subject to appropriate or suitable safeguards as required by the UK GDPR or other relevant laws.

We will require all agents, consultants and sub-contractors and others who are outside the UK and to whom we transfer your personal data to ensure a similar level of data protection. When doing so we will comply with applicable data protection requirements and take appropriate safeguards to ensure the security and integrity of your personal data.

You may contact us anytime using the contact details below if you would like further information on such safeguards.

Your rights

Under the UK GDPR (and the DPA 2018), you have a number of important rights, subject to certain conditions. In summary, those include rights to:

  • Request access to personal data held by us about you (also known as Data Subject Access Request);
  • Request correction of personal information held by us about you;
  • Require us to erase personal data held by us about you where there is no lawful reason to continue to process it or retain it;
  • Restrict our processing of personal data held by us about you;
  • Receive personal data, which you have provided to us, in a structured, commonly used and machine readable format. You also have the right to require us to transfer this personal data to another organisation, at your request;
  • Object to our processing of personal information held by us about you where we are relying on a legitimate interest as the legal basis for the particular use;
  • Request the transfer of your personal data to you or to a third party;
  • Withdraw your consent, where we are relying on it to use your personal data; and
  • Not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you.

For further information on each of those rights, including the circumstances in which they apply, please refer to the guidance and resources available on the Information Commissioner’s Office website.

If you would like to exercise any of those rights, please contact, our Data Protection Officer, using the details below:

Address:
DMH Stallard LLP
1 Jubilee Street
Brighton
East Sussex
BN1 1GE

Email: dataprotection.officer@dmhstallard.com

In order to process your request, you will need to provide:

  • sufficient information to identify you: that is, your name, address and contact details;
  • proof of your identity and address (a copy of your driving licence or passport and a recent utility or credit card bill); and
  • sufficient explanation of your request relating to the rights set out above.

If you would like to unsubscribe from any electronic marketing material that may have been sent to you, you can simply click on the ‘unsubscribe’ button found at the bottom of all our marketing material or if reading this Privacy Notice online, click here.  Please note that it may take up to 28 days for this to take place.

Keeping your personal information secure

We have appropriate security measures in place to prevent personal information from being accidentally lost or used or accessed in an unauthorised way. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

How to complain

You have the right to make a complaint at any time to the ICO the UK regulator for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

Changes to this Privacy Notice and your information

This Privacy Notice was published in May 2018 and last updated in April 2024. We may change this Privacy Notice from time to time to reflect any changes to the way in which we process your personal data and to meet our legal requirements.  Any such change to the Privacy Notice will be published on our website will take effect as soon as they are posted.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us, for example a new address or email address.

How to contact us

Please contact our Data Protection Officer, using the details above, if you have any questions about this Privacy Notice or the information we hold about you.

If you would like to receive this Privacy Notice in another format, for example, large print or Braille, please contact us using the details above.

 

Updated April 2024.