Privacy Policy

JAMES MACKENZIE WS

DATA PROTECTION and PRIVACY POLICY

INTRODUCTION

James Mackenzie WS (JM) respects your privacy and is committed to protecting your personal data. This privacy policy will inform you as to how JM looks after your personal data when you visit the JM website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.

This privacy policy deals with the specific areas set out below. Please use the glossary below to understand the meaning of some of the terms used in this privacy policy:

  1. IMPORTANT INFORMATION AND WHO JM IS
  2. THE DATA JM COLLECTS ABOUT YOU
  3. HOW IS YOUR PERSONAL DATA COLLECTED
  4. HOW JM USES YOUR PERSONAL DATA
  5. DISCLOSURES OF YOUR PERSONAL DATA
  6. INTERNATIONAL TRANSFERS
  7. DATA SECURITY
  8. DATA RETENTION
  9. YOUR LEGAL RIGHTS
  10. GLOSSARY
  11. COOKIE POLICY

1. IMPORTANT INFORMATION AND WHO JM IS

PURPOSE OF THIS PRIVACY POLICY

This privacy policy aims to give you information on how JM collects and processes your personal data through your use of the JM website.

This website is not intended for children and JM does not knowingly collect data relating to children.

It is important that you read this privacy policy together with any other privacy policy or fair processing notice JM may provide on specific occasions when JM is collecting or processing personal data about you so that you are fully aware of how and why JM is using your data.

CONTROLLER

JM is the controller and responsible for your personal data.

JM is a data protection officer (DPR) who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact the DPO using the details set out below.

CONTACT DETAILS

Full details are:

Name of legal entity: James Mackenzie WS

Name and title of DPO: James Mackenzie WS, Principal

Email address: This email address is being protected from spambots. You need JavaScript enabled to view it.

Telephone number: 020 3418 8114

You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). JM would, however, appreciate the opportunity to deal with your concerns before you approach the ICO, so please contact JM in the first instance.

CHANGES TO THE PRIVACY POLICY AND YOUR DUTY TO INFORM JM OF CHANGES

This version was last updated on 12 May 2018. Historic versions can be obtained by contacting JM.

The data protection law in the UK will change on 25th May 2018. Although this privacy policy sets out most of your rights under the new laws, JM may not yet be able to respond to some of your requests (for example, a request for the transfer of your personal data) until  25 May 2018 as JM is still working on getting JM’s systems ready for some of these changes.

It is important that the personal data JM holds about you is accurate and current. Please keep JM informed if your personal data changes during your relationship with JM.

THIRD-PARTY LINKS

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. JM does not control these third-party websites and JM is not responsible for their privacy statements. When you leave the JM website, JM encourages you to read the privacy policy of every website you visit.

2. THE DATA JM COLLECTS 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.

Through your use of the JM website, JM may collect, use, store and transfer different kinds of personal data about you which JM has grouped together as follows:

Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access the JM website.

Usage Data includes information about how you use the JM website.

JM also collects, uses and shares Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, JM may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if JM combines or connects Aggregated Data with your personal data so that it can directly or indirectly identify you, JM treats the combined data as personal data which will be used in accordance with this privacy policy.

JM does 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). Nor does JM collect any information about criminal convictions and offences.

IF YOU FAIL TO PROVIDE PERSONAL DATA

Where JM needs to collect personal data by law, or under the terms of a contract JM has with you and you fail to provide that data when requested, JM may not be able to perform the contract JM has or is trying to enter into with you (for example, to provide you with goods or services). In this case, JM may have to cancel a product or service you have with JM but JM will notify you if this is the case at the time.

3. HOW IS YOUR PERSONAL DATA COLLECTED

JM uses different methods to collect data from and about you including through:

Automated technologies or interactions. As you interact with the JM website, JM may automatically collect Technical Data about your equipment, browsing actions and patterns. JM collects this personal data by using cookies, server logs and other similar technologies. JM may also receive Technical Data about you if you visit other websites employing JM’s cookies. Please see JM’s cookie policy below for further details

Third parties or publicly available sources. JM may receive Technical Data from analytics providers such as Google based outside the EU.

Usage Data includes information about how you use the JM website.

4. HOW JM USES YOUR PERSONAL DATA

JM will only use your personal data when the law allows JM to. Most commonly, JM will use your data (a) where it is necessary for JM’s legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests, and (b) where JM needs to comply with a legal or regulatory obligation.

The types of lawful basis that JM will rely on to process your personal data are set out below.

Generally JM does not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting JM.

PURPOSES FOR WHICH JM WILL USE YOUR PERSONAL DATA

JM is committed to protecting your privacy. Set out below is an explanation of how JM uses information about visitors to this site.

  1. JM may use your Technical Data to administer and protect the JM website including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data. Such use would be necessary for JM’s legitimate interests (for running the JM business, provision of administration and IT services, to prevent fraud and in the context of a business reorganisation exercise), and to comply with a legal obligation.
  2. JM may use your Usage Data and Technical Data to deliver relevant website content to you and measure or understand the effectiveness of the content. Such use would be necessary for JM’s legitimate interests (to study how customers use JM’s services, to develop them, to grow my business and to inform market strategy).
  3. JM may use your Usage Data and Technical Data to use data analytics to improve JM’s website, services, marketing, customer relationships and experiences. Such use would be necessary for JM’s legitimate interests (to define types of customers for JM’s services, to keep the JM website updated and relevant, to develop the JM business and to inform the JM marketing strategy).

THIRD-PARTY MARKETING

JM will obtain your express opt-in consent before JM shares your personal data with any third-party company for marketing purposes. If you give JM your express opt-in consent, you can ask JM or third parties to stop sending you marketing messages at any time by contacting JM.

COOKIES

You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of the JM website may become inaccessible or not function properly. For more information about cookies JM uses, please see JM’s cookie policy below.

CHANGE OF PURPOSE

JM will only use your personal data for the purposes for which JM collects it, unless JM reasonably considers that JM needs to use it for another reason and that reason is compatible with the original purpose. If you wish to obtain an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact JM.

If JM needs to use your personal data for an unrelated purpose, JM will notify you and JM will explain the legal basis which allows JM to do so.

Please note that JM may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

5. DISCLOSURES OF YOUR PERSONAL DATA

JM may have to share your personal data with the parties set out below for the purposes set out at paragraph 4 above:

  1. External Third Parties as set out in the glossary.
  2. Third Parties to whom JM may choose to sell, transfer, or merge parts of JM’s business or JM’s assets. Alternatively, JM may seek to acquire other businesses or merge with them. If a change happens to JM’s business, then the new owners may use your personal data in the same way as set out in this privacy policy.

JM requires all third parties to respect the security of your personal data and to treat it in accordance with the law. JM does not allow JM’s third-party service providers to use your personal data for their own purposes and only permits them to process your personal data for specified purposes and in accordance with JM’s instructions.

6. INTERNATIONAL TRANSFERS

JM does not transfer your personal data outside the European Economic Area (EEA).

7. DATA SECURITY

JM has put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, JM limits access to your personal data to those employees, agents, contractors and other third parties who have a business and need to know. They will only process your personal data on JM’s instructions and they are subject to a duty of confidentiality.

JM has put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where JM is legally required to do so.

8. DATA RETENTION

HOW LONG WILL JM USE MY PERSONAL DATA FOR?

JM will only retain your personal data for as long as necessary to fulfil the purposes JM collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, JM considers 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 JM processes your personal data and whether JM can achieve those purposes through other means, and the applicable legal requirements.

9. YOUR LEGAL RIGHTS

Under certain circumstances, you have rights under the data protection laws in relation to your personal data. Your rights are listed below, and more detail can be found in the glossary below:

  • Request access to your personal data.
  • Request correction of your personal data.
  • Request erasure of your personal data.
  • Object to processing of your personal data.
  • Request restriction of processing your personal data.
  • Request transfer of your personal data.
  • Right to withdraw consent.

If you wish to exercise any of the rights set out above, please contact JM.

NO FEE USUALLY REQUIRED

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

WHAT JM MAY NEED FROM YOU

JM may need to request specific information from you to help JM confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. JM may also contact you to ask you for further information in relation to your request to speed up JM’s response.

TIME LIMIT TO RESPOND

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

10. GLOSSARY

LAWFUL BASIS

Legitimate Interest means the interest of JM’s business in conducting and managing JM’s business to enable JM to give you the best service and the best and most secure experience. JM makes sure JM considers and balances any potential impact on you (both positive and negative) and your rights before JM processes your personal data for JM’s legitimate interests. JM does not use your personal data for activities where JM’s interests are overridden by the impact on you (unless JM has your consent or is otherwise required or permitted by law). You can obtain further information about how JM assesses JM’s legitimate interests against any particular impact on you in respect of specific activities by contacting JM.

Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that JM is subject to.

EXTERNAL THIRD PARTIES

  • Service providers acting as processors based in the UK who provide IT and system administration services.
  • Professional advisers acting as processors including lawyers, bankers, auditors and insurers based in the UK who provide consultancy, banking, legal, insurance and accounting services.
  • HM Revenue and Customs, regulators and other authorities acting as processors based in the UK who require reporting of processing activities in certain circumstances.

YOUR LEGAL RIGHTS

Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data JM holds about you and to check that JM is lawfully processing it.

Request correction of the data that JM holds about you. This enables you to have any incomplete or inaccurate data JM holds about you corrected, though JM may need to verify the accuracy of the new data you provide to JM.

Request erasure of your personal data. This enables you to ask JM to delete or remove personal data where there is no good reason for JM continuing to process it. You also have the right to ask JM to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where JM may have processed your information unlawfully or where JM is required to erase your personal data to comply with local law. Note, however, that JM may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

Object to processing of your personal data where JM is 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 as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where JM is processing your personal data for direct marketing purposes. In some cases, JM may demonstrate that JM has compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask JM to suspend the processing of your personal data in the following scenarios: (a) if you wish JM to establish the data's accuracy; (b) where JM’s use of the data is unlawful but you do not want JM to erase it; (c) where you need JM to hold the data even if JM no longer requires it as you need to establish, exercise or defend legal claims; or (d) you have objected to JM’s use of your data but JM needs to verify whether JM has overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. JM will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for JM to use or where JM used information to perform a contract with you.

Withdraw consent at any time where JM is relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, JM may not be able to provide certain services to you. JM will advise you if this is the case at the time you withdraw your consent.

11. COOKIE POLICY

Like many websites, the JM website uses cookies – small text files, typically of letters and numbers – to capture limited information about the site’s users. The information is transferred by the website to the cookie file of the browser on the hard drive of the user’s computer.

This site uses Google Analytics cookies. These allow JM to measure the number of visitors, to see how visitors navigate the site and to see which resources they access. This helps JM to develop new content and to improve the way the JM website works. These cookies do not enable JM to identify individual users. Google provides further information about Analytics.

To prevent Google Analytics cookies being set, you may install the Google Analytics Opt-Out Browser Add-On.

For general information about cookies please visit www.allaboutcookies.org.


Welcome to the DBS processor-only privacy policy

Introduction

DBS will be acting as the data processor of James Mackenzie WS (“Client”) in our capacity of host of this website, which is why this policy is present on this website at jamesmackenziews.co.uk (“this website”) (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you. This privacy policy also applies to any personal data collected or received through means other than this website – for example via email, telephone or face-to-face contact.

Click here to read the remainder of the DBS processor-only privacy policy.