Privacy notice
This policy explains when and why we collect personal information about you; how we use it, when we share your data with others and how we keep it safe.
This policy is intended for clients and prospective clients. We ask that you read this privacy policy carefully alongside our client care letter/Terms of Business as it contains important information on how and why we collect, sort, use and share personal information, your rights in relation to your personal information and who to contact in the event you have a complaint.
Who we are
Jaffe Porter Crossick LLP (trading as JPC) of Omni House, 252 Belsize Road, London NW6 4BT is a limited liability partnership registered in England under the company registration no. OC329562 ("the firm"). The firm is regulated by the Solicitors Regulation Authority and its SRA number is 471111.
Personal data is collected, processed and stored by us. When we do so we are regulated under the UK General Data Protection Regulation 2018. We are responsible as a "data controller" of that personal information for the purposes of those laws.
Our Data Protection Officer is Yashmin Mistry. If you have any questions about this privacy policy or how we handle your personal information, please contact the Data Protection Officer using the contact details set out below.
The Personal Data we collect and use
The information we request from you and process will depend on the work we are doing for you. In many cases personal data will be restricted to basic information, such as name, address, gender, contact details and information needed to complete our ID Requirements.
Special Categories of Personal Data
Special categories of personal data include information about an individual's health and other categories of personal information which are closely protected.
We do not generally process such information unless you have voluntarily provided this to us, or it is relevant to the legal service you have asked us to provide you with; for example, in Family & Matrimonial matters, or where you have advised us of an issue, such as your health, which could mean that you may be classed as a "vulnerable client" i.e. due to your personal circumstances or personal characteristics you are particularly vulnerable to financial detriment. We will process sensitive information where you have provided this information to us and have agreed that we can use this information to deliver products and services to you. Where possible we shall seek to minimise the collection and use of such special categories of personal data.
Our website records the IP addresses of people accessing or submitting our online form, with tracking in place to obtain only general usage data.
Why we need your personal data
The primary reason for collecting and processing your personal data is to allow us to carry out our contract with you – which will ordinarily be to represent you and carry out your legal work. Our lawful basis for holding your personal data can be found in Article 6(1)(b) of the GDPR.
We may also legally hold your data if you have explicitly consented us to hold your information (pursuant 2 to Article 6(1)(a) GDPR); to allow compliance with our legal obligations (pursuant to Article 6(1)(c) GDPR); or to protect your vital interests (pursuant to Article 6(1)(d) GDPR).
There may be some personal data that require your specific consent. If this is the case, we will contact you separately to ask for your consent which you are free to withdraw at any time.
If you have any queries about our lawful basis for holding your data, please contact us using the contact details set out in paragraph 13 of this privacy policy.
How we will use your personal data
We will only use your personal information 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 we need to use your personal information for an unrelated purpose, we will notify you and explain the legal basis which allows us to do so.
The following are some examples of how we will use your personal data:
- Checking your identity
- Verifying source of funds
- Communicating with you
- Provide legal services to you
- Keeping records of your matter
- Seeking services from third parties, such as other professionals and government bodies
- Complying with legal obligations for the prevention of financial crime and money laundering.
We will process your information in order to meet our contractual obligations to you, where we have a legitimate interest to do so, and where we are permitted by law or to comply with applicable laws and regulation, as set out below:
PROVIDING A SERVICE AND INTERNAL PROCESSING
Purpose
To assess your needs and provide you with suitable products and services
Legal basis
- Contractual obligation to provide you with, or a proposal including costs estimate
- Where special categories of personal data are processed, these are necessary to assess your needs
Purpose
To service and administer your matter including billing
Legal basis
Legitimate interests to provide and manage the service
Purpose
To verify the identity of our clients
Legal basis
To comply with legal obligations to prevent money laundering
Purpose
To confirm, update and improve our client records
Legal basis
To comply with legal obligations in the Data Protection legislation
Purpose
To provide you with any information on the services that you have requested
Legal basis
To meet our contractual obligation to provide information on the services you have requested
RELATIONSHIP MANAGEMENT
Purpose
To manage and develop our relationship with you
Legal basis
Legitimate interest to service your matter and improve our service to you
Purpose
To inform you of products and services that may be of interest to you, where you have chosen to be made aware of this
Legal basis
With your consent
TRAINING AND DEVELOPMENT
Purpose
For training purposes and to improve our service to you
Legal basis
Legitimate interests to improve our services and develop our employees
COMPLYING WITH LEGAL OBLIGATIONS
Purpose
To prevent, investigate and prosecute crime, fraud and money laundering
Legal basis
To comply with legal obligations for prevention of financial crime and money laundering
Purpose
For auditing purpose
Legal basis
To comply with our legitimate interest to conduct audits
Purpose
If we are obliged to disclose information by reason of any law, regulation or court order
Legal basis
To comply with legal obligations
OTHER
Purpose
To transfer information to any entity which may acquire rights in us
Legal basis
Legitimate interests for commercial interests
Purpose
For any other purpose to which you agree.
Legal basis
With your consent
Who has access to your personal data
We have procedures in place to ensure the secure processing of your personal data. Generally, we will only use your information within JPC. However, in carrying out your legal work we may need to disclose your information to others, including but not limited to other professionals acting on your behalf, other solicitors and government bodies, for example in completing Stamp Duty Land Tax and Inheritance Tax forms on your behalf.
Where your information is shared with external parties, we ensure that they comply, strictly and confidentially, with our instructions and they do not use your personal information for their own purposes unless you have explicitly consented to them doing so.
Protecting your data
We recognise that your information is valuable, and we take all reasonable measures to protect it.
We have technology to protect personal data from loss, misuse, alteration or destruction and ensure that, where possible, physical access to our buildings is carefully controlled. We also insist that consultants and staff agree to protect confidentiality of all information.
Use of Artificial Intelligence AI Tool(s) in client communications
We are committed to providing you with clear, considered and personalised legal advice. In order to maintain the quality and integrity of our advice and to fulfil our professional obligations under the SRA Standards and Regulations, it is important that communications between us are authentic, accurate and directly attributable to you or an authorised representative.
In accordance with our Terms of Business you agree not to use AI Tool(s). Where we reasonably believe or suspect that any communication sent to us, whether during the course of this matter or following its conclusion, has been drafted, generated or materially assisted by artificial intelligence AI Tool(s) (including but not limited to large language models, AI writing assistants or automated drafting software), we reserve the right to:
- (a) charge additional fees to reflect the time and resource reasonably required to review, verify and respond to such communications, including time spent identifying inaccuracies, inconsistencies or ambiguities that may arise from AI Tool(s) generated content;
- (b) request that you confirm in writing whether any communication was produced or assisted by or with AI Tool(s), and to provide a verified, human-authored version where we consider this necessary for the proper conduct of your matter; and
- (c) treat AI Tool(s)-generated communications with additional scrutiny, and we shall not be responsible for any delay or additional cost arising from the need to carry out such verification.
Any additional charges levied here will be calculated at the standard hourly rates set out in this engagement letter (or such rates as may be notified to you from time to time) and will be itemised in our invoices. We will endeavour to notify you as soon as reasonably practicable where we consider that additional charges are likely to be incurred under this provision.
This provision survives the conclusion of this matter and applies to any post-matter communications, including in connection with the retrieval of documents, clarification of advice previously given or any related queries.
Use of Artificial Intelligence AI Tool(s) and Preservation of Legal Privilege
Legal professional privilege protects confidential communications between a client (you) and its legal advisers (us/JPC) made for the purpose of seeking or receiving legal advice or for use in actual or contemplated litigation.
Under English law, there are two types of legal professional privilege:
- Legal advice privilege – which protects written or oral confidential communications, and documents that reflect such communications, between a lawyer and a client for the purpose of giving or receiving legal advice, from being disclosed; and
- Litigation privilege – which protects written or oral communications between a lawyer and a client, or between either of them and a third party, from being disclosed. This applies when litigation is ongoing or is reasonably contemplated and communication or document is created for the sole or main purpose of that litigation.
That protection depends on the information remaining confidential. Disclosure of privileged material to third parties, including providers of AI Tool(s) that store or process data externally, may result in a waiver of privilege, whether intentional or inadvertent.
The waiver of legal privilege means that you could:
- disclose detrimental information inadvertently;
- enable your counter party to force you to hand over negative or unfavourable information or legal advice that you intended to keep private;
- lose the benefit of confidentiality;
- provide details of any legal strategy that you may not want other parties to know about.
Where we use AI Tool(s) in the provision of the Services to you we will do so only in accordance with our Terms of Business, and our obligations under the SRA Codes, including duties relating to confidentiality, supervision, competence, and information security. We will not use AI Tool(s) in a manner that would compromise your confidentiality or privilege.
You acknowledge that the use of AI Tool(s), platforms, or services, particularly those that store, process, or analyse data externally, may compromise confidentiality and may therefore result in a waiver or loss of legal professional privilege. Our engagement is accepted by you on the basis that you will not input, upload, disclose, or otherwise share our advice, your instructions, or any information relating to the Service with any AI Tool(s) platform or service provider.
We accept no responsibility for any loss of privilege, confidentiality, or related consequences arising from your use of AI Tool(s) in connection with the Service we provide to you.
Retaining your data
Your personal information will be retained, usually in computer or paper 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. We will then keep your information for an additional period as set out below.
As a guide we will keep your information for a minimum of 6 years from the closure of your legal work, in case you, or we, need to reopen the case or to defend complaints or claims against us. This will apply even if you do not proceed with your matter to a conclusion. However, certain types of matters may be kept for longer periods and some, such as those involving wills or trusts, may be kept indefinitely.
CDD records must be held for no longer than 5 years from the end of the transaction or business relationship and no longer than 10 years.
If you wish to know how long your matter will be stored for, please contact the Data Protection Officer or the solicitor dealing with your matter.
Your rights
You are entitled to request a copy of your personal data (otherwise known as a Subject Access Request). If you wish to make a request, please do so in writing using the contact details set out in paragraph 13 of this privacy policy.
A request for access to your personal data means you are entitled to a copy of the data we hold on you. If the information we hold about you is wrong or misleading, you can ask us to change it.
Your rights in relation to the information we hold on you are set out in full in Chapter 3 of the GDPR.
Your right to complain
If you wish to complain about how we have handled your personal data, you can contact the Data Protection Officer using the contact details set out in paragraph 13 of this privacy policy.
If you are not happy 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).
Marketing
We may wish to contact you in relation to news updates or services we provide which we believe may be of benefit or interest to you. We may also occasionally invite you to social events or seminars run by the firm. In this regard, we will require your consent by either subscribing to our website or signing up via our engagement letter or communications. Please see our website privacy statement
Changes to our privacy policy
We keep our privacy policy under regular review and we will keep you informed of any updates as soon as possible.
Legal statement about this Privacy Policy
This privacy policy is not designed to form a legally binding contract. It is a guide to the personal information we collect, hold and process for you.
By accepting our client care letter/ Terms of Business you acknowledge that you have read and accept this privacy policy.
How to contact us
For further information on how your personal information is used, how we maintain the security of your information, and your rights on the information we hold on you, please contact our Data Protection Officer using the contact details set out below:
Yashmin Mistry
Email: ymistry@jpclaw.co.uk
Telephone: 020 7625 4424
Or write to us at our place of business: Omni House, 252 Belsize Road, London NW6 4BT.