Privacy Statement

Vialex Privacy Policy

Keeping your personal data safe

At Vialex we are committed to ensuring your privacy and protecting all personal data we collect about you and, handling it in accordance with data protection laws.

Personal data means any information that identifies or can be used to identify, an individual. This Privacy Policy explains how we collect, use and store your personal data, the purpose for which it is collected, who we share it with and what rights you have in relation to our handling of your personal data.

This Privacy Policy applies to all personal data processed by us.

It will apply to you, if, for example, you request our legal advice or any of our other services (services); or where you contact us, including via our website (www.vialex.co.uk); or if we process your personal data for any other purpose. However, it does not apply to our employees, partners or internship staff.

The Data protection laws are the General Data Protection Regulation 2016/679; the UK Data Protection Act 2018, any amending or implementing regulations or legislation and all other relevant EU and UK data protection legislation.

Who are we?

We are Vialex Group, consisting of a number of subsidiary companies and entities, including

• Vialex Limited, a company registered in Scotland, with Company Number SC360307 and registered office at Floor 3, 1 – 4 Atholl Crescent, Edinburgh, EH3 8HA; and
• Vialex WS, a partnership registered with the Law Society of Scotland and having its office at Floor 3, 1-4 Atholl Crescent, Edinburgh EH3 8HA.

together, “Vialex” or “we”.

Under the data protection laws, an organisation that decides how the personal information it collects and holds is used is called a data controller. We are the data controller of all personal data collected and used for the purposes set out in this Privacy Policy and we are responsible for looking after your personal data in line with data protection laws.

This Privacy Policy forms part of our website Terms & Conditions. Please read its terms carefully. If you have any queries or concerns, you may contact us through the means set out in the Contact us section below.

This Privacy Policy was last updated on 25th May 2018. It is published on our website http://www.vialex.co.uk/privacy-policy/. We may change or update the terms of this Privacy Policy from time to time and you should therefore check this page frequently.

Contents

1. What personal data do we collect?
2. Why do we collect personal data?
3. How we protect your personal data
4. Keeping your personal data secure
5. Sharing your personal data
6. Retention of your personal data
7. Changes to your personal data
8. What rights do you have?
9. How do I exercise my rights?
10. Client Confidentiality
11. Contact Us
12. How to make a complaint

What personal data do we collect?

The types of personal data we process may include the following:

• personal details, such as your name, address and contact details
• family details (which may include details of your beneficiaries and dependents)
• lifestyle and social circumstances
• financial details, such as details of shareholdings or in relation to a commercial or property transaction
• education, training and employment details
• records of marketing and email preferences and requests
• details of visits to our website including tracking information and cookies
• other personal data relevant to instructions to provide legal services and matters we undertake, to comply with regulatory or legal requirements or in relation to our day to day functioning as a business

Special categories of personal data

We may process also data which, under the data protection laws, are special categories of personal data where this is necessary. Special categories of personal data are defined as personal data revealing:

• racial or ethnic origin
• political opinions
• religious or philosophical beliefs
• trade union membership
• genetic data and biometric data which uniquely identifies a natural person
• an individual’s health
• a natural person’s sex life or sexual orientation and
• criminal convictions or offences

We only process special categories of personal data which apply to you where either we have your explicit consent, or where it is necessary:

• to comply with obligations arising under social security law or employment law
• to establish, defend or respond to legal proceedings and claims
• for reasons of substantial public interest

We ensure that we meet all legal requirements in relation to the collection, use and storage of personal data including any additional protections or measures that may be required for any special category personal data.

Categories of data subject

We may process both personal data and special categories of personal data about the following categories of data subject:

Our clients – We may collect and process relevant personal data, which you provide to us when you get in touch by any means in relation to our services, to provide us with instructions or to seek advice or when you subscribe to our mailing list. It also applies to the representatives, employees, shareholders, directors and beneficial owners of companies and other legal persons who are our clients.

Visitors to our website – We capture certain data about users of our website using cookies and similar technology which may be considered personal data.  We do not use this data to identify individuals nor to build profiles. The capturing of website data is more fully described in our Cookies Policy, which can be accessed here.

Candidates and consultants – We may collect and process personal data of individuals who apply to Vialex in relation to an application of employment or to join us as a consultant.

Suppliers – We may collect and process relevant personal data about our suppliers and their representatives in order that we are able to receive services, and to process and pay invoices.

Individuals who contact us – We also collect personal data that you voluntarily provide when you contact us with queries or complaints.

Data from other sources – We may also collect personal data from other parties who have obtained your permission to share your personal data with us, such as your employer, or through referrals of business or when undertaking “know your client” checks. We may also receive certain personal data from other professionals who are acting on your behalf or in connection with the matters in which we are instructed.

Why do we collect personal data?

Data protection law permits us to collect, use and store your personal data on a limited number of grounds.  We may use your personal data to enable us to:

• provide our services or where it is necessary to enable us to perform an agreement
• verify a candidate or consultant’s identity or for purposes relating to an application for work or employment
• make improvements to our services and to maintain and improve our website
• investigate and respond to any claim, legal proceedings or complaint
• comply with a legal or regulatory obligation
• communicate about news, updates and events

It is our legal obligation to ensure that we have verified the identity of natural persons who are our clients or the beneficial owners, members or directors of a client prior to commencing work. We may also require evidence of sources of funding. If you do not provide us with your personal data for the purposes of such verification, we are unable to provide you with our services.

How we protect your personal data

Under the data protection laws, as a data controller we must meet certain clear and robust obligations to protect personal data.  In short, your personal data must be:

• Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes;
• Relevant to the purposes we have told you about and limited only to those purposes;
• Used lawfully, fairly and in a transparent way;
• Accurate and kept up to date;
• Kept only as long as necessary for the purposes we have told you about; and
• Kept securely and protected against unauthorised or unlawful use and against loss, destruction or damage using appropriate technology and procedures.

We do not sell your personal data, nor will we share it with any other person unless it is necessary for a legitimate purpose or where you have provided your consent.

Keeping your personal data secure

We have technical and operational security policies and procedures in place to protect the personal data we collect, use and store, against unauthorised or unlawful access or disclosure, improper use, alteration and unlawful or accidental destruction or loss.

Within Vialex we limit access to your personal data to those who have a business need to know and they will only process your data on our instructions and under strict conditions of confidentiality. All Vialex staff who handle personal data are aware of their responsibilities under this Privacy Policy and are adequately trained and supervised. In addition we have in place internal policies and procedures including the following:

• We enforce a clear desk policy and do not use or retain paper files and records except where this is necessary;
• Our staff are well trained in the requirements of the data protection laws; and
• We use all appropriate encryption and password protection and up to date anti-virus software on our systems.

Sharing your personal data

We may need to disclose your personal data to some third parties in certain circumstances. This includes the following circumstances:

• External service providers and suppliers – We may from time to time use external service providers to perform services for us to support the day to day functioning of our business, which involves use of personal data, or enables access to personal data we hold on our systems. We ensure that we have written agreements in place with all such service providers who process any personal data on our behalf which require that they will comply with obligations that meet the terms of this Privacy Policy.
• Independent professional advisors and expert witnesses – Our work for you may require us to give information (which may include personal data) to third party professional advisers who may include lawyers, consultants, accountants or other professional advisers instructed by you; expert witnesses; or foreign law firms who act on your behalf.
• Merger or sale – In the event of an actual or potential (including as part of any relevant negotiations) merger or sale of all or substantially all of the assets of any member of the Vialex Group to a third party, we may transfer your personal data to the potential acquirer or successor company.
• Legal obligations – We may be under a duty to disclose or share personal data to comply with any legal obligation or regulatory compliance. This may include where for example we are subject to a court order to disclose your personal data, or if we believe a crime or fraud is being committed, or assets are being used to fund terrorism or bribery, or where we believe that the safety of another person is at risk.
• Enforcing our website Terms & Conditions and/or contracts and agreements – To enforce or apply our website Terms & Conditions or our contracts and client agreements, we may pass your personal data to a third party to assist us in this enforcement, for example in relation to the provision of professional advice.
• Credit reference agencies – Vialex Limited 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).

Transfer of personal data outside the United Kingdom

All personal data we collect from you or about you is stored on our secure servers. Our servers are based in the United Kingdom.

We may from time to time require to transfer personal data outside the UK but will only do so where either you request it or provide consent. We may also do so where it is necessary to:

• perform our services including when acting in relation to a matter where the laws of a foreign jurisdiction may apply
• use the services of suppliers or providers who are or whose staff may be based overseas for the essential support of our business
• track and record website use, as set out in our Cookies Policy
• comply with any legal requirement

We may transfer personal data outside the EEA in the following circumstances

• you have instructed us to do so or provided consent
• the transfer is made to a country which provides adequate safeguards as determined by the European Commission
• the transfer is made to a company, corporate group or organisation which has signed up to Binding Corporate Rules or
• the transfer is made on the basis of standard contractual clauses approved by the European Commission. 

Other than in the limited circumstances set out above we will not transfer or store personal data outside the UK or European Economic Area (EEA).

Retention of your personal data

We will keep your personal data for as long as we provide you with our services or to achieve the purposes for which it was collected unless you have asked us to retain your personal data for a longer period. We keep personal information in accordance with our internal retention procedures, which are determined in accordance with our statutory obligations and good practice and may vary and depend on the circumstances in question. We will only hold onto your personal data for as long as it is needed, after which time we will securely erase or delete the personal data.

Changes to your personal data

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.  If your personal data does change, please contact us to allow our records to be updated.

What rights do you have?

You have a number of rights under the data protection laws. You have the right to make the following requests:

Request access to your personal data. You have. the right to request information about how personal data is being processed, including whether personal data is being processed and the right to be allowed access to that data and to be provided with a copy of that data along with the right to obtain the following information:

• the purpose of the processing
• the categories of personal data
• the recipients to whom personal data has been disclosed or which will be disclosed
• the period for which the personal data will be retained
• the right to lodge a complaint with the Information Commissioner’s Office
• the source of the information if not collected direct from you, and
• the existence of any automated decision making.

Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.

Request erasure of your personal data. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it, and to have confirmation of deletion. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).

Object to processing of your personal data. You may object to the processing of personal data relying on the legitimate interests processing condition unless we can demonstrate compelling legitimate grounds for the processing which override your individual interests or for the establishment, exercise or defence of legal claims. You also have the right to object where we are processing your personal data for direct marketing purposes.

Request the restriction of processing of your personal data. This enables you to ask us to suspend the processing of personal information about you; for example, if you want us to establish its accuracy or the reason for processing it.

Request the transfer of your personal data. This enables you to move, copy or transfer your personal data to another party where we are processing your personal data either with your consent or for the purpose of performing a contract.

For the avoidance of doubt, we do not use automated decision making in the processing of personal data.

How do I exercise my rights?

To make a request to review, verify, correct or request erasure of your personal data, object to the processing of your personal data, or request that we transfer an electronic copy of your personal data to another party, please contact us at enquiries@vialex.co.uk.

All requests will be considered without undue delay and within one month of receipt as far as possible. Please note that we may in limited circumstances refuse a request, where we have compelling legitimate grounds or where prevented by obligations of confidentiality or legal privilege.

How do I make a complaint?

You have the right to make a complaint about anything regarding the processing, storage, retention of your personal data.  We would hope to resolve any complaint internally and if you would like to lodge a complaint with us, in the first instance, please contact enquiries@vialex.co.uk.

However, you also have the right to lodge a complaint at any time to the Information Commissioner (ICO) in respect of our processing of your personal data.  Further information can be found at www.ico.org.uk.

Client Confidentiality

Nothing in this policy affects our professional obligation to keep the affairs of our clients confidential.

Contacting Us

If you have any queries regarding this policy, please contact us at enquiries@vialex.co.uk.