The General Data Protection Regulation (the “GDPR”) seeks to protect and enhance the rights of data subjects. Hughes Shaughnessy McFarlane Limited is committed to protecting and respecting your privacy. Hughes Shaughnessy McFarlane Limited recognises the importance of the correct and lawful treatment of personal information, and will only use personal information as set out in this Privacy Notice.
This Privacy Notice sets out how Hughes Shaughnessy McFarlane Limited collects and uses any information that you give us directly or when you use our website. The expressions “we”, “us” and “our” refer to Hughes Shaughnessy McFarlane Limited.
We have appointed a Data Protection Officer to oversee compliance with this Privacy Notice. If you have any questions about this Privacy Notice or how we handle your personal information, please contact the Privacy Officer at: firstname.lastname@example.org, or by post to: Privacy Officer, Mudassar Rafi, Hughes Shaughnessy, 216 Kilmarnock Road, Shawlands, Glasgow, G43 1TY.
We may change this Privacy Notice at any time by updating this page so you should therefore check the Website from time to time to ensure you are aware of any changes.
It is important that you read this Privacy Notice, together with any Hughes Shaughnessy McFarlane Limited terms and conditions that 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 personal information. This Privacy Notice supplements the other notices and is not intended to override them.
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 relationship with us.
Who are we?
Hughes Shaughnessy McFarlane Limited is a registered company, based in Scotland under company number 483230, with its registered office at 216 Kilmarnock Road, Shawlands, Glasgow, G43 1TY.
How is data collected?
We use different methods to collect personal information from and about you.
• If you’re a client of the firm: We collect data from you. This is either face to face, over the phone, email, letter or text.
• If you’re a client of another law firm: We will receive your personal data from your solicitor.
• Data we receive from third parties about you: We may collect, store and use personal information relating to you when you become our client from any third party organisation necessary in the effective delivery of our legal service to you which includes, but is not limited to, external credit agencies, third party law firms, the Scottish Legal Aid Board, Scottish Courts Service, the Office of Public Guardian, Registers of Scotland, Property Search Scotland and again any other third party required to assist Hughes Shaughnessy McFarlane Limited in the effective delivery of our service to you.
• Data we receive about third parties: We will also receive and process personal data of third parties for whom we neither act nor have any connection with. This can belong to the beneficiary in a Will or Executory case or a source of funds in a conveyancing purchase. These are examples of where we might receive and process personal data which does not belong to our clients. This list is not exhaustive and we will receive and process personal data from a wide range of third parties.
What personal information will Hughes Shaughnessy McFarlane Limited hold about you?
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).
We may collect, use, store and transfer different kinds of personal information about you, as follows:
• full name and title
• contact information – email addresses and postal addresses, telephone numbers
• health and medical information – where we are supporting individuals who have a vulnerability, for example arranging a power of attorney
• criminal offence data – this may be used in relation to due diligence required for fraud prevention and/or anti-money laundering to meet our legal obligations
• credit / debit cards and other payments – funds received from or for an individual or made in relation to a client’s matter (e.g. to pay for the legal service, to pay for outlays incurred by us on your behalf, property purchase / sale)
• identification or supporting documents – such as passport, driving license, birth certificate, utility bill etc.
• national identifiers – unique identifiers attributed to an individual from a government department (such as Tax ID, National Insurance Number or passport number) can be used as part of our due diligence measures for identifying individuals and to meet our legal obligations.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data).
How will Hughes Shaughnessy McFarlane Limited use personal information held about you?
To respond and communicate
We use personal information to allow us to respond to you and communicate with you regarding your instructions, questions, comments, support needs, complaints or concerns.
Using client information
When you become our client, we will collect, store and use the personal information that you provide to us in your instructions and during the course of our solicitor/client relationship.
We need to collect personal information so that we can perform our obligations under our service agreement with clients. We will use such personal information to:
• provide clients with legal advice, including communicating with them by email, letter and/or telephone, etc. in connection with the services that we provide;
• represent clients as their solicitors in connection with such services;
• provide clients with legal advice in respect of the matter(s) upon which we are instructed to provide advice; and/or
• process and make payments in connection with such matter(s).
If clients do not provide us with all of the personal information that we need to collect in order to perform our obligations under our service agreement, then this may affect our ability to provide them with legal advice and/or represent them as their solicitors.
We may also process personal information for purposes relating to the provision of services we provide including updating, reviewing and enhancing client records and undertaking analysis for management purposes.
To comply with our legal obligations to prevent financial crime
To comply with our legal obligations to prevent financial crime including money laundering under the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017, we will use personal data including name, address, date of birth, country of residence/citizenship, personal identification (which may include passport number or driving licence number), information about any criminal convictions, information about roles held in public office, and information about your status as or your relationship and association with a politically exposed person.
We will give personal information to and receive personal information from third parties where that is necessary to meet our legal obligations, including credit reference agencies, fraud prevention agencies, the police and other law enforcement and government agencies, and regulators.
To comply with regulatory obligations
We will provide our regulator, the Law Society of Scotland, with names of individuals for whom our solicitors act under Powers of Attorney.
Why we need your personal information
We need to collect our clients’ personal information so that we can perform our services. We will use our clients’ personal information to:
• Provide you with legal advice, for example by communicating with you by email, letter and/or telephone
• Represent you as your solicitors in connection with the matter you have instructed us about
• Respond to and communicate with clients regarding your questions, comments, support needs or complaints, concerns or allegations in relation to complaints and disciplinary procedures, for example we will use your personal information to investigate your complaint and take disciplinary action
• Manage any money processed on your behalf
We may ask you for additional personal information during the course of our solicitor / client relationship, which shall be collected, stored and used in accordance with this privacy notice.
If you do not provide us with all of the personal information that we need, this may affect our ability to provide you with legal advice and / or represent you as your solicitors.
We also process our clients’ personal information in pursuit of our legitimate interests to:
• Manage our relationship with you
• Promote our services by sending communications with information for upcoming events and to keep you informed of legal developments and developments within our company
• Email you about other products and services we think may be of interest to you
• We will not share your information for marketing purposes with any third party
• In providing our services, we may send your details to, and also use information from credit reference agencies and fraud prevention agencies
Where we process your personal information in pursuit of our legitimate interests, you have the right to object to us using your personal information for the above purposes. If you wish to object to any of the above processing, please contact us on email@example.com. If we comply with your objection, this may affect our ability to undertake the tasks above for the benefit of you as a client.
We are under a legal obligation to process certain personal information relating to our clients for the purposes of complying with our obligations under:
• Law Society of Scotland Practice Rules
• Money Laundering Regulations
• Proceeds of Crime Act 2002
Who we share your personal information with
We may be required to share personal information with statutory or regulatory authorities and organisations. Such organisations include the Law Society of Scotland or HMRC, for the purposes of compliance with statutory obligations.
We may also share personal data with our professional advisors for the purposes of taking advice.
Hughes Shaughnessy McFarlane Limited employs third party suppliers to provide services including legal searches, service of documents and our own professional advisers. These suppliers may process personal data on our behalf as “processors” and are subject to written contractual conditions to only process that personal data under our instructions and to protect it.
In the event that we do share personal data with external third parties, we will only share such personal data strictly required for the specific purposes and take reasonable steps to ensure that recipients shall only process the disclosed personal data in accordance with those purposes.
Your continued relationship with us will be evidence that you consent to our use of your personal information for these purposes.
Destruction of files and data
By instructing us to carry out work on your behalf, you consent to destruction of files and data without further reference to you after that work is completed and after the periods set out below:
Executries – Ten years after completion. Relevant documents and papers might be sent to the Executor for safekeeping since prior rights and legal rights only prescribe if not claimed in 20 years after becoming enforceable
Conveyancing – Five years after completion, unless otherwise stated
Separation Agreement – Five years after completion of works
You can exercise any of the following rights by writing to us at firstname.lastname@example.org or by post to 216 Kilmarnock Road, Shawlands, Glasgow, G43 1TY.
Your rights in relation to your personal information are:
• you have a right to request access to the personal information that we hold about you by making a “subject access request”;
• if you believe that any of your personal information is inaccurate or incomplete, you have a right to request that we correct or complete your personal information;
• you have a right to request that we restrict the processing of your personal information for specific purposes; and
• if you wish us to delete your personal information, you may request that we do so subject to Law Society of Scotland rules and regulations.
Any requests received by Hughes Shaughnessy McFarlane Limited will be considered under applicable data protection legislation. If you remain dissatisfied, you have a right to raise a complaint with the Information Commissioner’s Office at www.ico.org.uk