Privacy Statement

Vialex Privacy Policy

Keeping your personal data safe

At Vialex we respect your privacy and are committed to protecting and handling all personal data we collect about you in accordance with Data Protection laws.

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 in the context of providing legal services to you or your business, through your use of this website and through any of the other ways we interact.

This Privacy Policy applies to all personal data processed by us. However, it does not apply to our employees, consultants, partners or internship staff.

Data Protection laws include the UK General Data Protection Regulation 2016/679; the UK Data Protection Act 2018, and all applicable EU and UK data protection and privacy legislation.

Who are we?

We are Vialex Group, consisting of:

• 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. 

This Privacy Policy is issued on behalf of the Vialex Group so when we mention Vialex, we, us or our in this Privacy Policy, we are referring to the relevant company in the Vialex Group responsible for processing your data. We will let you know which entity will be the controller for your data when we provide a service to you.

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.

Please read this Privacy Policy carefully together with any other privacy notice or policy (or fair processing notice or policy) we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This Privacy Policy supplements other privacy notices and policies and is not intended to override them. 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 13^th April 2023. It is published on our website http://www.vialex.co.uk/privacy-policy/. We may change or update this Privacy Policy from time to time and you should therefore check it frequently.

Whose personal data is used?

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 received directly from you, including in the process of carrying our work for you (or your business) or 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.  We may also receive personal data indirectly from other sources, for example from other parties who share your personal data with us, such as through referrals of business, or when undertaking “know your client” checks, or from an employer. We may also receive certain personal data from professionals who are acting on your behalf or in connection with the matters in which we are instructed.

Visitors to our website – We capture certain data about how you use our website using cookies and similar technology. Cookies are tracking technology which collect information such as details about your computer system and details of your visits to our website. This tells us about how you use our services and your preferences. This is more fully described in our Cookies Policy, which can be accessed here.

Work seekers – We may collect and process personal data you provide to us to help us to consider your application for 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.

What personal data do we collect?

Personal data, or personal information, means any information that identifies, or can be used to identify, an individual. This could 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 details relating 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
• personal data relevant to instructions to provide legal services and other matters we undertake.

It does not include data where the identity has been removed (anonymous data).

Sensitive personal data (‘special category’ and ‘criminal offence’ personal data)

Where necessary we may process special category personal data.  This includes 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 and
• a natural person’s sex life or sexual orientation.

Also we may process personal data relating to criminal convictions and offences or related security measures (‘criminal offence data’).

We need further justification for collecting, storing and using these types of sensitive personal information. We are allowed to do so for reasons including to carry out our legal obligations, and on occasions where it is in the public interest to do so or, less commonly, in relation to investigating and responding to legal claims, proceedings or complaints. 

We ensure that we meet all legal requirements applying to the collection, use and storage of such data, including any additional protections or measures that may be required. This includes having in place an appropriate policy document and safeguards which we are required by law to maintain when processing such data.  We may process this sensitive data in limited circumstances with your explicit written consent.  If we do so, we will provide you with full details of the information that we would like and the reason we need it, so that you can consider whether you wish to consent. 

Why do we collect personal data?

Data Protection laws permit us to collect, use and store your personal data on a limited number of grounds.

The main grounds we rely on are:

• where it is necessary to enter into an agreement with you or to enable us to perform an agreement to provide you with legal services (or, where applicable, your employer)
• where it is necessary to comply with a legal or regulatory obligation, which includes to verify a client, candidate or consultant’s identity, or for purposes relating to an application for work or employment
• where it is necessary for our legitimate interests as a legal services provider (or those of a third party) and your interests and fundamental rights do not override those interests (such as, for example, our legitimate interest in managing our relationship with our clients, prospective clients and their staff, making improvements to our services and our website, and keeping you informed about news, updates and events).

In limited situations, we may rely on consent as a legal basis for processing your personal data

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 and to check whether we can act for you as a new or existing client or across from you as a counter party or other third party on a matter involving a new or existing client. 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, and regulatory compliance requirements, including conflicts of interest, anti-money laundering, anti-terrorism, sanctions, fraud and background screening, we are unable to provide you with our services.

Examples of the purposes for which we may use your personal data include:

• to register you as a new client
• to communicate with you (by email or other electronic correspondence, by telephone or using video conferencing software) where necessary to provide our legal services
• to manage our relationship with you, which may include notifying you about changes to our terms or Privacy Policy
• to administer and protect our business.

We may use personal data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which services may be relevant for you.  You can ask us to stop sending any messages about additional services by following opt-out links on any such message sent to you or by contacting us at any time.

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of our engagement with you (as set out in our legal services contract, or our engagement letter and terms of business), and you fail to provide that data when requested, we may not be able to perform the services set out in our engagement.

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

We may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

How we protect your personal data

Data Protection laws are clear: the protection of personal information is paramount. As a result, we must meet certain clear and robust obligations.  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.

Specifically, 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. Vialex will ensure that all staff who handle personal data on its behalf are aware of their responsibilities under this Privacy Policy, are adequately trained and supervised. The measures where have in place include:

• we operate a clear desk policy and seek to minimise the use of 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.

Disclosures of your personal data

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

• Other companies within the Vialex Group – We may do so where this is necessary to provide services you request
• External associated companies acting as controllers and based in the UK (such as Navigator Employment Law Limited). We may from time to time partner with external companies where necessary to provide all of the advice and services you request
• External service providers and suppliers – We may from time to time use external service providers to perform services for us acting as processors to enable the day to day functioning of our business including digital identity verification solutions; call, video telecommunication and messaging platforms; cloud-based servers and systems for data and file storage and management; and secure file sharing. 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.
• HM Revenue & Customs, regulators and professional bodies – We may disclose personal data to regulators and other professional bodies including the Law Society in Scotland, the Law Society in England and Wales and the Solicitors Regulation Authority (SRA) and other authorities acting as processors or independent controllers based in the UK.
• 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 acting as controllers or processors; 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. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this Privacy Policy.
• Legal obligations – If we are under a duty to disclose or share personal data to comply with any legal obligation or regulatory compliance including where for example if we are subject to a court order to disclose your personal data, if we the services are being used to commit a crime, or where we believe that the safety of another person is at risk.
• Enforcing our website Terms & Conditions and/or contracts and agreements for the provision of legal services – 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 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 UK.

We may from time to time require to transfer personal data outside the UK. 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

When we transfer personal data outside the UK, we ensure a similar degree of protection is afforded to it by ensuring:

• the transfer is made to a country deemed to provide adequate safeguards by the UK’s ICO (or, where relevant in relation to compliance with the EU GDPR, the European Commission), or
• having undertaken a risk assessment, appropriate safeguards are implemented (such as use of standard contractual clauses approved by the UK’s ICO or, where appropriate in relation to the EU GDPR, the European Commission) to ensure personal data transferred continues to have a level of protection essentially equivalent to that under the UK protection regime
• you have instructed us to do so or provided consent.

Other than in the limited circumstances set out above, we will not transfer or store personal data outside the UK or 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, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period if you have asked us to do so, or in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you. 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. 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, regulatory, tax, accounting or other requirements. 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. In some circumstances you can ask us to delete your data: see the section below title What rights do you have? for further details.  Contact us if you require further information about retention periods for different aspects of your 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. Under certain circumstances, by law, 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.

We have processes in place to ensure that we can facilitate any request made by an individual to exercise their rights under Data Protection laws. All requests will be considered without undue delay and within one month of receipt as far as possible. Occasionally it could take us longer than a month if your request is particularly complex or you have made several requests. In this case, we will notify you and keep you updated.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

For the avoidance of doubt, we do not utilise or carry out automated decision making in the processing of personal data, which might have a legal effect on you or which might affect you significantly.

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.

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.

Contact us

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

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 Privacy Policy affects our professional obligation to keep the affairs of our clients confidential.