Benjamin Wise Notary Public
DATA PROTECTION PRIVACY NOTICE
- The business of Benjamin Christopher
Wise Notary Public of 53 Clapham High Street London SW4 7TG (“Business”, “we”, “us”, “our”). The Business
is registered with the Information Commissioner’s Office (“ICO”) under number ZA761555.
- If you have any questions about
this privacy notice (“Notice”), please contact us by email.
- The Business will process your and
third parties’ personal data, as further explained below, in the course of providing you with notarial and associated services including access to our website and online features
(“Services”).
- We will let you know, by posting on
our website or otherwise, if we make any changes to this Notice from time to time. Your continued use of the Services after notifying such changes will amount to your acknowledgement of the amended
Notice.
- PLEASE
NOTE: You shall and you hereby agree to indemnify the Business and its affiliates and their officers, employees, agents and subcontractors (each an “Indemnified Party”)
from and against any claims, losses, demands, actions, liabilities, fines, penalties, reasonable expenses, damages and settlement amounts (including reasonable legal fees and costs) incurred by any
Indemnified Party arising out of or in connection with any breach by you of the warranties included in paragraphs 8 & 9.
What is Personal
Data?
- “Personal data”
means any information relating to an identified or identifiable natural person, known as ‘data subject’, who can be identified directly or indirectly; it may include name, address,
email address, phone number, IP address, location data, cookies and similar information. It may also include “special categories of personal data” such as racial or ethnic origin,
political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a data subject, data
concerning health or data concerning a natural person's sex life or sexual orientation.
- The Business may process personal
data and special categories of personal data which you provide in connection with the Services about yourself and other data subjects, e.g. individuals whose details are included in any materials
provided by you to the Business. The Business may obtain information about you and other data subjects from third party service providers, such as due diligence platforms. If you use our online
Services, the Business may collect information about your devices including clickstream data.
- The provision of certain personal data is mandatory in order for the Business to comply with mandatory client due diligence requirements and consequently to provide the Services.
You warrant on a continuous basis that such personal data is accurate, complete and up to date. Failure to comply may result in documents being rejected by the relevant certification authorities,
held invalid in the destination country or other difficulty to successfully completing the Services.
- In relation to personal data of
data subjects you warrant to the Business on a continuous basis that:
- where applicable, you are authorised to share such personal data with the Business in connection with the Services and that wherever another data subject is referred to, you have
obtained the explicit and demonstrable consent from all relevant data subjects to the inclusion and use of any personal data concerning them;
- to the extent this is required in connection with the Services, such personal data is accurate, complete and up to date; and
- either you provide your explicit consent and warrant that each data subject has provided explicit consent for the transfer of personal data to foreign organisations in connection
with the Services as set out at paragraph 18, or that an alternative legal gateway for such transfer (such as transfer necessary for the conclusion or performance of a contract concluded in the interest of the data subject) has been satisfied.
How do we use your
personal data?
- The Business will only process
personal data, in accordance with applicable law, for the following purposes:
- responding to your queries, requests and other communications;
- providing the Services, including, where applicable, procuring acts from foreign organisations;
- enabling suppliers and service
providers to carry out certain functions on behalf of the Business in order to provide the Services,
including webhosting, data storage, identity verification, technical, logistical, courier or other functions, as applicable;
- allowing you to use features on our website, when you choose to do so
- ensuring the security of the Business and preventing or detecting fraud;
- administering our Business,
including complaints resolution, troubleshooting of our website, data analysis, testing of new features, research, statistical and survey purposes;
- developing and improving our Services;
- complying with applicable law,
including Notary Practice Rules, guidelines and regulations or in response to a lawful request from a court
or regulatory body.
The legal basis for our processing of personal data
for the purposes described above will typically include:
- processing necessary to fulfil a
contract that we have in place with you or other data subjects, such as processing for the purposes set out in paragraphs (a), (b), (c) and (d);
- your consent, such
as processing for the purposes set out in paragraph (e);
- processing necessary for our or a
third party’s legitimate interests, such as processing for the purposes set out in paragraphs (a), (b), (c), (f), (g) and (h), which is carried out on the basis of the legitimate interests of the Business to
ensure that Services are properly provided, the security of the Business and its clients and the proper administration of the Business; and
- processing necessary for compliance
with a legal obligation to which we are subject, such as processing for the purposes set out in paragraph (i).and
- any other applicable legal grounds for
processing from time to time.
What exactly are
cookies?
- In order to collect the
information including personal data as described in this Notice, we may use cookies and similar technology on our website. A cookie is a small piece of information which is sent to your browser and
stored on your computer’s hard drive, mobile phone or other device. You can set your browser to notify you when you receive a cookie. This enables you to decide if you want to accept it or
not. However, some of the Services offered through our website may not function properly if your cookies are disabled.
- Cookies can be first party or
third party cookies.
- First party cookies – cookies that the
website you are visiting places on your device.
- Third party cookies – cookies placed
on your device through the website but by third parties, such as, Google.
The cookies placed on our
website
- We use the following cookies on
our website:
- Strictly necessary cookies. These cookies are essential in order to enable you to
move around our website and use its features. Without these cookies, Services you have asked for cannot be provided. They are deleted when you close the browser. These are first party
cookies.
- Performance
cookies. These cookies collect information in an anonymous form about how visitors use our website. They
allow us to recognise and count the number of visitors and to see how visitors move around the website when they are using it and the approximate regions that they are visiting from. These are first
party cookies.
- Functionality
cookies. These cookies allow our website to remember choices you make (such as your user name, language
or the region you are in, if applicable) and provide enhanced, more personal features. These cookies can also be used to remember changes you have made to text size, fonts and other parts of web
pages that you can customise. The information these cookies collect may be anonymised and they cannot track your browsing activity on other websites. These are first party
cookies.
- We may combine information from
these types of cookies and technologies with information about you from other sources.
Cookie consent and opting
out
- We assume that you are happy for
us to place cookies on your device. Most Internet browsers automatically accept cookies. However, if you, or another user of your device, wish to withdraw your
consent at any time, you have the ability to accept or decline cookies by modifying your browser setting. If
you choose to decline cookies, you may not be able to fully experience the interactive features of our website, our platforms and Services.
Disclosure of
personal data
- There are circumstances where the
Business may wish to disclose or is compelled to disclose your personal data to third parties. These scenarios include disclosure to:
- our subsidiaries or
associated offices;
- our suppliers and
service providers to facilitate the provision of the Services, including couriers, translators, IT consultants and legalisation and other handling agents, webhosting providers,
identity verification partners (in order to verify your identity against public databases), consultants, for example, in order to protect the security or integrity of our business, including our
databases and systems and for business continuity reasons;
- public
authorities to carry out acts which are necessary in connection with the Services, such as the
Foreign Office;
- foreign
organisations to carry out acts which are necessary in connection with the Services, such as
Embassies, Consulates and High Commissions;
- professional
organisations exercising certain public functions in relation to the notaries profession, such as
Chambers of Commerce;
- successor or partner legal
entities, on a temporary or permanent basis, for the purposes of a joint venture, collaboration,
financing, sale, merger, reorganisation, change of legal form, dissolution or similar event relating to a Business. In the case of a merger or sale, your personal data will be permanently transferred
to a successor company;
- public
authorities where we are required by law to do so; and
- any other third
party where you have provided your consent.
International
transfer of your personal data
- We may
transfer your personal data to a third party in countries outside the country in which it was originally collected for further processing in accordance with the purposes set out above. In particular,
your personal data may be transferred to foreign organisations such as foreign Embassies located in the UK or abroad. Such organisations will process personal data in accordance with the laws to which they are subject and international treaties over which the Business has no
control.
- If the Business transfers personal
data to private organisations abroad, such as subcontractors, it will, as required by applicable law, ensure that your privacy rights are adequately protected by appropriate technical, organisation,
contractual or other lawful means. You may contact us for a copy of such safeguards in these circumstances.
Retention of personal data
- Your personal data will be
retained for as long as is reasonably necessary for the purposes listed above or as required by the law. For example, the Notaries Practice Rules require that that notarial acts in the public form
shall be preserved permanently. Records of acts not in public form shall be preserved for a minimum period of 12 years. Please contact us for further details of applicable retention periods. Personal
data may for reasons of security and convenience be stored on remote data facilities but in an encrypted form.
Security of
personal data
- The Business will implement
technical and organisational security measures in order to prevent unauthorised access to your personal data.
- However, please be aware that the
transmission of information via the internet is never completely secure. Whilst we can do our best to keep our own systems secure, we do not have full control over all processes involved in, for
example, your use of our website or sending confidential materials to us via email, and we cannot therefore guarantee the security of your information transmitted to us on the web.
Data subject
rights
- Data subjects have numerous rights in relation to their personal
data. For further information about your data protection rights please visit the ICO website.
- Right to make a subject access
request (SAR). Data subjects may request in writing copies of their personal data. However,
compliance with such requests is subject to certain limitations and exemptions and the rights of other data subjects. Each request should make clear that a SAR is being made. You may also be required
to submit a proof of your identity and payment, where applicable.
- Right to
rectification. Data subjects may request that we rectify any inaccurate or incomplete personal
data.
- Right to withdraw
consent. Data subjects may at any time withdraw their consent to the processing of their personal
data carried out by the Business on the basis of previous consent. Such withdrawal will not affect the lawfulness of processing based on previous consent.
- Right to object to processing,
including automated processing and profiling. The Business does not make automated decisions. The
Business may use third party due diligence platforms which provide recommendations about data subjects by automated means. We will comply with any data subject’s objection to processing unless we
have a compelling overriding legitimate ground for the processing, the processing is for the establishment, exercise or defence of legal claims or we have another lawful reason to refuse such
request. We will comply with each valid opt-out request in relation to marketing communications.
- Right to
erasure. Data subjects may request that we erase their personal data. We will comply, unless there
is a lawful reason for not doing so. For example, there may be an overriding legitimate ground for keeping the personal data, such as, our archiving obligations that we have to comply
with.
- Restriction. Data subjects may request that we restrict our processing of their
personal data in various circumstances. We will comply, unless there is a lawful reason for not doing so, such as, a legal obligation to continue processing your personal data in a certain
way.
- Right to data
portability. In certain circumstances, data subjects may request the controller to provide a copy of
their personal data in a structured, commonly used and machine readable format and have it transferred to another provider of the same or similar services. To the extent such right applies to the
Services, we will comply with such transfer request. Please note that a transfer to another provider does not imply erasure of the data subject’s personal data which may still be required for
legitimate and lawful purposes.
- Right to lodge a complaint
with the supervisory authority. We suggest that data subjects contact us about any questions or
complaints in relation to how we process personal data. However, each data subject has the right to contact the relevant supervisory authority directly.