Terms & Conditions – Privacy

General

By using this website, you signify that you have read and accept the terms and conditions of use set out in this notice. If you do not agree to these terms and conditions, please do not use this website. We reserve the right at any time to change the terms of use of this website. Your continued use of this website following the posting of any such changes will mean you have accepted those changes.

Notice And Disclaimer

1. Any information, product or service published on this website is appropriate for use in the United Kingdom. Those who access this website from other areas are responsible for compliance with local laws if local laws are applicable.

2. This website is for information only, unless otherwise stated. To the maximum extent permitted by law, FMGS Law Limited disclaims all express and implied warranties with regard to the information, services and materials contained on this website. In particular, FMGS Law Limited has used all reasonable care in compiling the content of this website but makes no warranty as to the accuracy of any information on this website and cannot accept liability for any errors or omissions. Further, FMGS Law Limited accepts no responsibility or liability for and makes no warranties that functions contained within this website will be uninterrupted or error free or that accessing the website will not expose you to any virus or other harmful elements. FMGS Law Limited will update material errors in the information if it is made aware of such errors, in a timely manner. Note that some jurisdictions do not allow the exclusion of implied warranties so some or all of the above exclusions may not apply to you.

3. FMGS Law Limited shall not be liable for any loss or damage that may arise from the use of any of the information contained in this website. FMGS Law Limited does not accept a duty of care in negligence to visitors to this website. As stated in Paragraph 2 above, the information contained on this website is for information only and you are responsible for what you choose to do with that information.

4. Information published on this website may include advertising and other material submitted by parties other than FMGS Law Limited. This website may also provides links to other websites operated by third parties. It is the responsibility of these third parties to ensure that such material and such websites comply with all relevant laws and regulations. FMGS Law Limited disclaims all responsibility for any error, omission or inaccuracy in such material and websites and/or any failure to comply with relevant laws or regulations. Any links to other websites are provided as a convenience to you as a user of this website and does not imply FMGS Law Limited’s endorsement of the linked websites.

5. These exclusions of liability will not apply to any damages arising from:

(i) death or personal injury caused by the negligence of FMGS Law Limited or any of its employees or agents;

(ii) fraudulent misrepresentations upon which you relied in such circumstances where it was reasonable for you so to rely;

(iii) from circumstances where the law otherwise expressly prohibits such liability from being excluded.

This notice and disclaimer is governed by and construed in accordance with English Law.

If any part of this notice and disclaimer is deemed unlawful, void or for any reason unenforceable then that part will be deemed severable and will not affect the validity and enforceability of the remaining parts.

If you require any further information you may email your enquiry to enquiries@fmgs.co.uk

Linking To This Website

We are happy to consider appropriate third party sites, that provide our visitors with more information or support, to link to our website. Sites should be reputable, national, provide accurate information, and a system to update information should errors occur, comply with all data protection and medical data protection guidelines, and actively seek to reduce the stigma of mental illness.

If you would like to link to the FMGS Law Limited website, please email: enquiries@fmgs.co.uk

FMGS Law Limited reserves the right to remove this permission in its sole discretion.

Any link must be discontinued upon notice being received to that effect.

Copyright

All content on this site is © FMGS Law Limited

FMGS Law Limited is the owner of copyright and database rights in this website, unless specifically stated otherwise, including content, design, graphics, text, software and underlying source codes.

FMGS Law Limited is the owner of all trademarks, tradenames, logos and devices appearing on the site, whether registered or unregistered, except where specifically stated otherwise.

This website is protected by copyright. It is published by FMGS Law Limited.

This website or any material part may be reproduced providing the material is not amended or modified in anyway, and providing FMGS Law Limited is acknowledged as the source.

Cookies

Our website uses cookies.

By using our website and agreeing to this policy, you consent to our use of cookies in accordance with the terms of this policy and your preferences.

About Cookies

A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.

Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.

Cookies can be used by web servers to identify and track users as they navigate different pages on a website and identify users returning to a website.

Our Cookies

Cookies are generally classified into four types:

Necessary – these types of cookies are required for our website to function. Necessary cookies help make the website usable by enabling basic functions like page navigation, menus and enabling access to secure areas of our website. Our site cannot function properly without these cookies.

Preferences – these types of cookies are required to remember how you want to use our site. Preference cookies enable a website to remember information that changes the way the website looks or behaves, relative to your preferences such as language, region, etc.

Statistics – Statistics cookies help us to understand how visitors interact with our site by collecting and reporting information anonymously. These stats help us make our site better as well as ensure that the content we write is in line with what our visitors want to read about.

Marketing – Marketing cookies are used to track visitors to our site or other sites. The intention is to either increase the relevance of content or display ads that are relevant and engaging to the individual user.

Blocking Cookies

Most browsers allow you to refuse to accept cookies;

Blocking all cookies will have a negative impact upon the usability of many websites.

If you block cookies, you will not be able to use all the features on our website.

Deleting Cookies

 You can delete cookies already stored on your computer

 Deleting cookies will have a negative impact on the usability of many websites.

General Data Protection Regulation

Our policy requires that personal data shall be:

  • Processed lawfully, fairly and in a transparent manner in accordance with the General Data Protection Regulation (the “GDPR”) given the purposes for which those data were obtained;
  • Collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes;
  • Adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;
  • Accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay;
  • Kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed;
  • Processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.

Please contact David Glover for further information.

 

FMGS Privacy Notice

  1. What is the purpose of this document?
    • FMGS Law Limited is committed to protecting the privacy and security of your personal information.
    • This privacy notice describes how we collect and use personal information about you during and after your relationship with us, in accordance with the General Data Protection Regulation (GDPR).
    • It is important that you read this notice, together with any other privacy notice we may provide on specific occasions when we are collecting or processing personal information about you, so that you are aware of how and why we are using such information and what your rights are under the data protection legislation.
  2. Data protection principles
    • We will comply with data protection law. This says that the personal information we hold about you must be:
  3. Used lawfully, fairly and in a transparent way.
  4. Collected only for valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
  5. Relevant to the purposes we have told you about and limited only to those purposes.
  6. Accurate and kept up to date.
  7. Kept only as long as necessary for the purposes we have told you about.
  8. Kept securely.
  9. The kind of information we hold about you
    • Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
    • There are “special categories” of more sensitive personal data which require a higher level of protection, such as information about a person’s health or sexual orientation.
  10. How we will use information about you
    • We will only use your personal information when the law allows us to. Most commonly, we will use your personal information in the following circumstances:
  11. Where we need to perform the contract we have entered into with you.
  12. Where we need to comply with a legal obligation.
  13. 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.
    • We may also use your personal information in the following situations, which are likely to be rare:
  14. Where we need to protect your interests (or someone else’s interests).
  15. Where it is needed in the public interest or for official purposes.
    • Some of the above grounds for processing will overlap and there may be several grounds which justify our use of your personal information.
  16. If you fail to provide personal information

If you fail to provide certain information when requested, we may not be able to perform the contract we have entered into with you (such as paying you or providing a benefit), or we may be prevented from complying with our legal obligations (such as to ensure the health and safety of our workers).

  1. Change of purpose
    • 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 we will explain the legal basis which allows us to do so.
    • Please note that we may process your personal information without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
  2. How we use particularly sensitive personal information
    • “Special categories” of particularly sensitive personal information require higher levels of protection. We need to have further justification for collecting, storing and using this type of personal information. We have in place an appropriate policy document and safeguards which we are required by law to maintain when processing such data. We may process special categories of personal information in the following circumstances:
  3. In limited circumstances, with your explicit written consent.
  4. Where we need to carry out our legal obligations or exercise rights in connection with employment.
  5. Where it is needed in the public interest, such as for equal opportunities monitoring.
    • Less commonly, we may process this type of information where it is needed in relation to legal claims or where it is needed to protect your interests (or someone else’s interests) and you are not capable of giving your consent, or where you have already made the information public.
  6. Automated decision-making
    • Automated decision-making takes place when an electronic system uses personal information to make a decision without human intervention. We are allowed to use automated decision-making in the following circumstances:
  7. Where we have notified you of the decision and given you 21 days to request a reconsideration.
  8. Where it is necessary to perform the contract with you and appropriate measures are in place to safeguard your rights.
  9. In limited circumstances, with your explicit written consent and where appropriate measures are in place to safeguard your rights.
    • If we make an automated decision on the basis of any particularly sensitive personal information, we must have either your explicit written consent or it must be justified in the public interest, and we must also put in place appropriate measures to safeguard your rights.
    • You will not be subject to decisions that will have a significant impact on you based solely on automated decision-making, unless we have a lawful basis for doing so and we have notified you.
    • We do not envisage that any decisions will be taken about you using automated means, however we will notify you in writing if this position changes.
  10. Data sharing
    • We may have to share your data with third parties, including third-party service providers and other entities in the group.
    • We require third parties to respect the security of your data and to treat it in accordance with the law.
    • We may transfer your personal information outside the EU.
    • If we do, you can expect a similar degree of protection in respect of your personal information.
  11. Why might you share my personal information with third parties?

We will share your personal information with third parties where required by law, where it is necessary to administer the working relationship with you or where we have another legitimate interest in doing so.

  1. Data security
    • We have put in place measures to protect the security of your information. Details of these measures are available upon request.
    • Third parties will only process your personal information on our instructions and where they have agreed to treat the information confidentially and to keep it secure.
    • We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality. Details of these measures may be obtained from the directors.
    • We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.
  2. Data retention

How long will you use my information for?

  • We will only retain your personal information 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. 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.
  • In some circumstances we may anonymise your personal information so that it can no longer be associated with you, in which case we may use such information without further notice to you. Once you are no longer an employee, worker or contractor of the company we will retain and securely destroy your personal information in accordance with applicable laws and regulations.
  1. Rights of access, correction, erasure, and restriction

Your duty to inform us of changes

  • It is important that the personal information we hold about you is accurate and current. Please keep us informed if your personal information changes during your working relationship with us.

Your rights in connection with personal information

  • Under certain circumstances, by law you have the right to:
  • Request access to your personal information (commonly known as a “data subject access request”). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
  • Request correction of the personal information 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 information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. 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 information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes.
  • Request the restriction of processing of your personal information. 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 information to another party.
    • If you want to review, verify, correct or request erasure of your personal information, object to the processing of your personal data, or request that we transfer a copy of your personal information to another party, please contact the directors in writing.

No fee usually required

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

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 the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.

Right to withdraw consent

  • In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal information for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact the directors. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.
  1. Changes to this privacy notice

We reserve the right to update this privacy notice at any time, and we will provide you with a new privacy notice when we make any substantial updates. We may also notify you in other ways from time to time about the processing of your personal information.

If you have any questions about this privacy notice, please contact David Glover on 01524 61660.

Regulation

FMGS and Fielden Marshall Glover Strutt are trading names of FMGS Law Limited, which is authorised and regulated by the Solicitors Regulation Authority (SRA ID 524235). The governing rules can be found at www.sra.org.uk.

Registered in England and Wales.

Company number: 7131252.

Registered office: 1 Middle Street, Lancaster, Lancashire LA1 1JZ

Directors: Nicholas Fielden, Nicholas Marshall, David Glover and Christopher Strutt.