Privacy Statement

Privacy Notice

This notice explains when and why we collect personal information about you; how we use it, the conditions under which we may disclose it to others and how we keep it secure.

For clients of this firm, you should read this notice alongside our general terms and conditions which provide further information on confidentiality, data privacy etc.

Who we are

Data is collected, processed and stored by Arma Litigation Limited, a limited liability company with registered company number 13083355. We are what is known as the ‘data controller’ of the personal information you provide to us.

Our Data Protection Officer is Wani Mkandawire who can be contacted by email at wani.mkandawire@armalitigation.com

What we need

The exact information we will request from you will depend on what you have asked us to do or what we are contracted to do for you.

There are two types of personal data (personal information) that you may provide to us:

Personal data: is the general information that you supply about yourself – such as your name, address, gender, date of birth, contact details, financial information etc.

Sensitive personal data: is, by its nature, more sensitive information and may include your racial or ethnic origin, religion, sexual orientation, political opinions, health data, trade union membership, philosophical views, biometric and genetic data.

In most cases personal data will be restricted to basic information and information needed to complete ID checks. However, some of the work we do may require us to ask for more sensitive information.

Sources of information

Information about you may be obtained from a number of sources, including:

You may volunteer the information about yourself

You may provide information relating to someone else – if you have the authority to do so

Information may be passed to us by third parties in order that we can undertake your legal work on your behalf. Typically these organisations can be:
– Banks or building societies
– Panel providers who allocate legal work to law firms
– Organisations that have referred work to us
– Medical or financial institutions – who provide your personal records / information

Why we need it

The primary reason for asking you to provide us with your personal data, is to allow us to carry out your requests – which will ordinarily be to represent you and carry out your legal work.

The following are some examples, although not exhaustive, of what we may use your information for:

Verifying your identity

Verifying source of funds

Communicating with you

To establish funding of your matter or transaction

Processing your legal transaction including:
– Providing you with advice; carrying out litigation on your behalf; attending hearings on your behalf; preparing documents or to complete transactions

Keeping financial records of your transactions and the transactions we make on your behalf

Seeking advice from third parties; such as legal and non-legal experts

Responding to any complaint or allegation of negligence against us

Who has access to it

We have a data protection regime in place to oversee the effective and secure processing of your personal data. We will not sell or rent your information to third parties. We will not share your information with third parties for marketing purposes.

Generally, we will only use your information within Arma Litigation Limited. However there may be circumstances, in carrying out your legal work, where we may need to disclose some information to third parties; for example:

HM Land Registry to register a property

HM Revenue & Customs; e.g. for Stamp Duty Liability

Court or Tribunal

Solicitors acting on the other side

Asking an independent Barrister or Counsel for advice; or to represent you

Non legal experts to obtain advice or assistance

Translation Agencies

Contracted Suppliers

External auditors or our Regulator; e.g. Lexcel, SRA, ICO etc.

Bank or Building Society; or other financial institutions

Insurance Companies

Providers of identity verification

Any disclosure required by law or regulation; such as the prevention of financial crime and terrorism

If there is an emergency and we think you or others are at risk

The Legal 500 or Chambers teams – we may share case summaries and referee details

In the event any of your information is shared with third parties, we will ensure that the third parties comply strictly, and confidentially, with our instructions. The relevant third parties will 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 may require your specific consent. If this is the case, we will contact you separately to ask for your consent. You are free to withdraw your consent at any time.

How do we protect your personal data

We recognise that your information is valuable, and we take all reasonable measures to protect it whilst it is in our care.

We have exceptional standards of technology and operational security to protect personally identifiable data from loss, misuse, alteration, or destruction. Further, we strictly comply with our confidentiality obligations. Both internal and external parties have agreed to protect the confidentiality of all information, and to ensure all personal data is handled and processed in line with our stringent confidentiality and data protection policies.

We use computer safeguards such as firewalls, data encryption, and annual penetration testing. We enforce, where possible, physical access controls to our buildings and file storage facilities to keep personal data safe.

How long will we keep it for

Your personal information will be retained, usually in computer or manual files, only for as long as necessary to fulfil the purposes for which the information was collected; or as required by law; or as long as is set out in any relevant contract you may hold with us. For example:

  • As long as necessary to carry out your legal work
  • For a minimum of 7 years from the conclusion or closure of your legal work. The purpose of this retention is to ensure that we are able to re-open your case for the purpose of defending complaints or claims against us
  • For the duration of a trust
  • Some information or matters may be kept for longer – such as that relating to commercial transactions
  • Deeds related to unregistered property may be kept indefinitely as they evidence ownership

What are your rights?

Under GDPR, you are entitled to access your personal data (otherwise known as a ‘right to access’). If you wish to make a request, please do so in writing addressed to our Data Protection Officer Wani Mkandawire or contact the person dealing with your matter.

Your right to access entails that you are entitled to a copy of the personal data we hold on you.  as your name, address, contact details, date of birth, information regarding your health etc. However please note that this not mean that you are entitled to full copies of all documents which contain your personal data.

Under certain circumstances, you have the following additional rights:

  1. The right to be informed: which is fulfilled by way of this privacy notice and our transparent explanation as to how we use your personal data
  2. The right to rectification: you are entitled to have personal data rectified if it is inaccurate or incomplete
  3. The right to erasure / ‘right to be forgotten’: you have the right to request the deletion or removal of your personal data where there is no compelling reason for its continued processing. This right only applies in the following specific circumstances:
    – Where the personal data is no longer necessary for the purpose for which it was originally collected
    – Where consent is relied upon as the lawful basis for holding your data and you withdraw your consent
    – Where you object to the processing and there is no overriding legitimate interest for continuing the processing
    – The personal data was unlawfully processed
    – Where you object to the processing for direct marketing purposes
  4. The right to object: 

    you have the right to object to processing based on legitimate interests; and direct marketing. This right only applies in the following circumstances:
    – An objection to stop processing personal data for direct marketing purposes is absolute – there are no exemptions or grounds to refuse – we must stop processing in this context
    – You must have an objection on grounds relating to your particular situation
    – We must stop processing your personal data unless:
    We can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms; or
    The processing is for the establishment, exercise or defence of legal claims.

  5. The right to restrict processing: 

    you have the right to request the restriction or suppression of your data. When processing is restricted, we can store the data but not use it. This right only applies in the following circumstances:
    – Where you contest the accuracy of the personal data – we should restrict the processing until we have verified the accuracy of that data
    – Where you object to the processing (where it was necessary for the performance of a public interest or purpose of legitimate interests), and we are considering whether our organisation’s legitimate grounds override your right
    – Where processing is unlawful and you request restriction
    – If we no longer need the personal data but you require the data to establish, exercise or defend a legal claim

Complaints about the use of personal data

If you wish to raise a complaint on how we have handled your personal data, you can contact our Data Protection Officer who will investigate further. Our Data Protection Officer is Wani Mkandawire and you can contact him at wani.mkandawire@armalitigation.com

If you are not satisfied with our response or believe we are not processing your personal data in accordance with the law, you can complain to the Information Commissioner’s Office (ICO)  https://ico.org.uk/, or by telephone 0303 123 1113.

Marketing data

We may contact you for the purpose of direct marketing. This means that we may use your personal data, in accordance with this privacy policy, to contact you about our products, services, events etc. Our direct marketing communications may be provided to you through social media channels, email, or post. We will never send marketing communications via SMS or call you without your specific consent; nor will we ever transfer or sell your personal data to a third party.

How we collect personal data

The following are examples, although not exhaustive, of how we collect your personal information:

  • Sign-up to receive one of our newsletters
  • Submitting an online enquiry
  • Following/liking/subscribing to our social media channels
  • Take part in one of the competitions or promotions we run on the website or on our social media channels
  • Agree to fill in a questionnaire or survey on our website
  • Ask us a question or submit any queries or concerns you have via email or on social media channels
  • Post information to our website or social media channels, for example when we offer the option for you to comment on, or join, discussions
  • When you leave a review about us.

Whenever we collect your personal data, you will be provided the opportunity to ‘opt in’ to receiving marketing communications from us.  If you refuse to ‘opt in’ this will have no effect on your access to our legal services.

Arma Litigation handles enquires at different stages, and we group those enquiries in three main ways. We will take the following steps in each instance:

Prospects: Consent will need to be recorded for individuals before being added to marketing campaigns.

Fixed fee clients: Legitimate interest will be the legal basis. Relevant marketing may be sent to you by e-mail, during the existence of your legal matter with us, and once your legal matter with us has ended. You have the option to exclude yourself from marketing by clicking on the ‘unsubscribe’ link which is found within the footer of all our emails. Alternatively, you may notify us of your intention to unsubscribe from marketing materials by other means, such as: through the telephone, when speaking to your advisor, or by notifying Arma Litigation of your intention directly through email, or on social media.

Retainer clients: Legitimate interest will be the legal basis. Relevant marketing may be sent to you by e-mail, during the existence of your retainer with us, and once your retainer with us has ended. You have the option to exclude yourself from marketing by clicking on the ‘unsubscribe’ link available on the footer of our emails. Alternatively, you may notify us of your intention to unsubscribe from marketing materials by other means, such as: through the telephone, when speaking to your advisor, or by notifying Arma Litigation of your intention directly through email, or on social media.

Please note that if you do not interact with marketing communications via opening an email for over a period of 6 months, you will be removed as a recipient of marketing communications.

How we may use your details

The following are examples, although not exhaustive, of how we may use your personal information for our legitimate business interests:

  • fraud prevention
  • direct marketing
  • network and information systems security
  • data /analytics /enhancing, modifying, or improving our services
  • identifying usage trends
  • determining the effectiveness of promotional campaigns and advertising.

We may use your personal information for legitimate interests such as direct marketing or under reasonable expectation to provide you with information you would expect to receive or that would benefit and enhance our relationship. This information will help us review and improve our products, services, and offers.

We may also partner with selected third-party vendors to allow tracking technologies, re-marketing services using first-party and third-party cookies to analyse/track users’ use of our services, determine the popularity of certain content, and better understand online activity. This enables us to provide a more relevant and personalised service to you in order to ensure you only receive information you require.

Your rights

You have the right to object to this processing. Should you wish to do so please email wani.mkandawire@armalitigation.com

How we protect your personal information

We will only ever use non sensitive personal information to target individuals with marketing materials such as: name, address, telephone, email, job description, and previous buying behaviours. Sensitive information or specific details will never be used to target marketing communications. We may use personalisation to collect analytics to inform marketing and produce relevant content for the marketing strategy to enhance and personalise the “consumer experience”.

If you do not wish us to continue to contact you in this way, you can either follow the unsubscribe instructions on any of our communications to you or contact us by emailing wani.mkandawire@armalitigation.com  with your name and email address. Your details will be removed immediately. Once unsubscribed, you may still receive transactional emails from us regarding your legal case.

Any questions regarding this notice and our privacy practices should be sent by email to wani.mkandawire@armalitigation.com

Changes

We reserve the right to change this Statement at any time without advance notice. Should any new policy go into effect for our internet services, the firm will post it on our website and relevant internet services