Privacy notice

This privacy statement explains how we collect and use personal information about you.

Your personal information will be held by Mackintosh & Wylie LLP. Further information is provided at the Legal Information section at the end of this privacy statement.

Types of personal information we collect and how we use personal information generally
This privacy statement explains how we collect and use personal information about you.

In general terms, we collect and use personal information to:

• deliver our services and meet our legal responsibilities
• verify your identity where this is required
• contact you by post, email or telephone
• understand your needs and how they may be met
• maintain our records
• process financial transactions
• prevent and detect crime, fraud or corruption

Please see the information below to understand in greater detail the types of personal data we collect and how we use your personal information.

Your rights

Under data protection law you have the following rights in respect of the personal data about you that we process.

Access to your information – You have the right to request a copy of the personal information about you that we hold.

Correcting your information – We want to make sure that your personal information is accurate, complete and up to date and you may ask us to correct any personal information about you that you believe does not meet these standards.

Deletion of your information – You have the right to ask us to delete personal information about you where:

• You consider that we no longer require the information for the purposes for which it was obtained
• We are using that information with your consent and you have withdrawn your consent – see Withdrawing consent to using your information below
• You have validly objected to our use of your personal information – see Objecting to how we may use your information below
• Our use of your personal information is contrary to law or our other legal obligations.

Objecting to how we use your information – You have the right at any time to require us to stop using your personal information for direct marketing purposes. In addition, where we use your personal information to perform tasks carried out in the public interest or for our legitimate interests or those of a third party then, if you ask us to, we will stop using that personal information unless there are overriding legitimate grounds to continue.

Restricting how we use your information – in some cases, you may ask us to restrict how we use your personal information. This right might apply, for example, where we are checking the accuracy of personal information about you that we hold or assessing the validity of any objection you have made to our use of your information. The right might also apply where this is no longer a basis for using your personal information but you don’t want us to delete the data. Where this right to validly exercised, we may only use the relevant personal information with your consent, for legal claims or where there are other public interest grounds to do so.

Transfer – if we process personal information that you provide to us on the basis of consent or because it is necessary for the performance of a contract to which you are party, and in either case that processing is carried out by automated means, then you have the right to have that personal information transmitted to you in a machine readable format. Where technically feasible, you also have the right to have that personal information transmitted directly to another controller.

Withdrawing consent using your information – Where we use your personal information with your consent you may withdraw that consent at any time and we will stop using your personal information for the purpose(s) for which consent was given.

Please contact us in any of the ways set out in the Contact information and further advice section if you wish to exercise any of these rights.

Changes to our privacy statement

We keep this privacy statement under regular review and will place any updates on this website. Paper copies of the privacy statement can be obtained by using the printer icon or by emailing us at GDRP@mackwylie.com with your address.

This privacy statement was last updated on 3 February 2022.

Contact information and further advice

Mackintosh & Wylie has appointed a data protection officer. If you have any questions about this privacy statement or how we handle your personal information please contact the data protection officer by emailing GDPR@mackwylie.com

Complaint
We seek to resolve directly all complaints about how we handle personal information but you also have the right to lodge a complaint with the Information Commissioner’s Office:

Online: https://ico.org.uk/global/contact-us/email/
By phone: 0303 123 1113
By post: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, SK9 5AF
Legal information
Mackintosh & Wylie LLP is a limited liability partnership registered in Scotland with registered number SO302893 having its registered office at 23 The Foregate, Kilmarnock KA1 1LE.

What personal data we collect about you

We may collect information from you in the course of our business, including when you engage us to provide legal or other services, when we are engaged to provide legal or other services to third parties with whom you have a relationship, when you contact or request information from us, when you use our website or as a result of your relationship with one or more of our staff and clients. The personal information we may collect about you includes:

Contact/identity information such as your name, title, address (business and/or home), telephone number, mobile phone number, job title, gender, name of employer, fax number, IP address and email address as well as information to enable us to check and verify your identity, e.g. your date of birth or passport details. We may also, where appropriate, collect relevant details of membership of professional or trade associations or trade unions.

Information relevant to our legal advice relating to the matter in relation to which advice or representation is being sought including information provided to us by or on behalf of our clients, or generated in the course of providing our services (which may include special category or criminal convictions data) and information about relevant and significant litigation or other legal proceedings against you or a third party related to you and details of that third party’s relationship with you.

Business information provided in the course of the client, business or contractual relationship between you or your organisation and Mackintosh & Wylie LLP including for relationship management and file opening procedures such as name, business information, identification and your relationship to a person.

Technical Information about your use of our IT, communication and other systems including about your use of our website, information relating to materials and communications we send to you electronically.

Payment data such as data necessary for processing payments and fraud prevention, including credit/debit card numbers, bank and building society details including security code numbers and other related billing information, as well as, where applicable, information relating to the source of funds as well as information collected from publicly available resources and credit agencies or any other information needed to enable us to undertake credit or other financial checks on you.

Information about your visits to our premises and/or provided to us for the purposes of attending meetings, including information about access or dietary requirements.

Marketing information including information regarding your preferences where it is relevant to legal or other services that we provide, as well as information about when you receive and read our marketing communications and which events you attend or participate in.

We collect and use this personal data for the purposes described in the section “How and why we use your personal data” below. If you do not provide the personal data that we need to collect then this may affect our ability to act on your behalf or to provide services to you, for example because this personal data is required to process your instructions or to carry out legally required compliance screening.

Our services are not directed at children however we may process the personal data of children as part of providing services to you, for example in administering a trust. We process such personal data only where necessary and appropriate for the services for which we have been appointed.

How we collect your personal data

We collect most of this information from you:

• When you or your organisation use or contact us to provide legal or any other related client services;
• When you browse, provide information or use our website;
• When you or your organisation make an enquiry for our services or otherwise engage with our staff for business related purposes;
• When you visit our premises;
• Where you sign up to receive information from us;
• Where you or your organisation provide services to us.
• We may also collect information from third party sources including:
  o Publicly accessible sources such as electoral registers, Companies House or Registers of Scotland;
  o Credit reference agencies or government departments or agencies;
  o Third party organisations with your consent such as your bank or building society;
  o Third party organisations that you have or have had dealings with where the information is publicly available which may include services such as LinkedIn.

  We may also collect information via our website or via our information technology (IT) and other systems, for example:

• Case management, document management, data rooms and time recording systems;
• Automated monitoring of our websites and other technical systems, such as our computer networks and connections, CCTV and access control systems, communications systems, email and instant messaging systems;
• Reception logs;
• Our technology partners where you have provided your personal data directly to them in the context of receiving services from us.

Website Cookies

Our websites use cookies to collect information. This includes information about browsing behaviour by people who access our website. This includes information about pages viewed and the customer journey around our website.

What are cookies?
Like most websites, Mackintosh & Wylie use cookies to collect information. Cookies are small data files which are placed on your computer or other devices (such as smart ‘phones or ‘tablets’) as you browse this website. They are used to ‘remember’ when your computer or device accesses our website.

What are cookies used for?
The main purposes for which cookies are used are: –
1. For technical purposes essential to effective operation of our websites, particularly in relation to on-line transactions and site navigation.
2. To enable Mackintosh & Wylie to collect information about your browsing, including to monitor the success of campaigns, competitions etc.

How do I disable cookies?
If you want to disable cookies you need to change your website browser settings to reject cookies. How you can do this will depend on the browser you use.

Further details on how to disable cookies for the most popular browsers are set out below: –

For Microsoft Internet Explorer:
1. Choose the menu “tools” then “Internet Options”
2. Click on the “privacy” tab
3. Select the setting the appropriate setting

For Google Chrome:
1. Choose Settings> Advanced
2. Under “Privacy and security,” click “Content settings”.
3. Click “Cookies”

For Safari:
1. Choose Preferences > Privacy
2. Click on “Remove all Website Data”

For Mozilla firefox:
1. Choose the menu “tools” then “Options”
2. Click on the icon “privacy”
3. Find the menu “cookie” and select the relevant options

What happens if I disable cookies?
This depends on which cookies you disable, but in general the website may not operate properly if cookies are switched off.

Google Analytics Cookies
When someone visits https://mackwylie.com we use a third party service, Google Analytics, to collect standard internet log information and details of visitor behaviour patterns. We do this to find out things such as the number of visitors to the various parts of the site. This information is only processed in a way which does not identify anyone. We do not make, and do not allow Google to make, any attempt to find out the identities of those visiting our website.

How and why we use your personal data

Under data protection law, we can only use your personal data if we have a proper reason for doing so.

This will be for one of the following reasons:

• For the performance of our contract with you or to take steps at your request before entering into a contract, for example because processing is necessary for the performance of a client instruction;
• To comply with our legal and regulatory obligations;
• For our legitimate interests or those of a third party;
• For the establishment, exercise or defence of legal claims or proceedings; or
• Where you have given consent.
• A legitimate interest is when we have a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests. We will carry out an assessment when relying on legitimate interests, to balance our interests against your own.

We may process special category personal data for the following reasons:

• Where you have given your explicit consent;
• For compliance with a legal or regulatory obligation;
• For the purposes of establishing, exercising or defending legal claims;
• Where it is in your (or someone else’s) vital interests and you or they are physically or legally incapable of giving consent;
• Where you have made the personal data public; and/or
• For compliance with an employment law obligation. 

There may be additional reasons which will be notified to you where they apply.

When we refer to special category data we mean information such as race or ethnicity, religious beliefs, sexual orientation, marital status and health. Information about criminal convictions is also included within this type of data.

In the next section “The basis on which we use your personal data” will give more information about the way in which your information is used.

The basis on which we use your personal data

We have explained our reasons for using your personal data. We set out below more detail on the ways in which we use your personal data. We use your data:

• To provide legal advice or other services to you/our clients, including technology solutions;
• To ensure the confidentiality of commercially sensitive information;
• To manage and administer your or your organisation’s business relationship with Mackintosh & Wylie LLP, including use for the purposes of processing payments, accounting, auditing, billing and collection and other support services;
• To conduct checks to identify our clients and verify their identity or to check whether or not we might have a conflict of interest in respect of such client or matter or prospective client or matter;
• To screen for financial and other sanctions or embargoes, including credit reference checks with credit reference agencies;
• To comply with professional, legal and regulatory obligations and guidance that applies to our business, e.g. rules issued by our professional regulators;
• Where necessary to gather and provide information required by or relating to audits, enquiries or investigations by enforcement authorities, regulatory bodies, courts, tribunals and government agencies;
• To deal with any complaints received;
• To ensure business policies are adhered to, e.g. policies covering security and internet use and to prevent unauthorised access and modifications to systems;
• For operational reasons, such as ensuring safe working practices, improving efficiency, risk management, training, staff assessment and quality control;
• For statistical analysis to help us improve our services and communications to you or the strength of our relationship with you or to manage our practice, e.g. in relation to our financial performance, client base, work type or other efficiency measures;
• To update and enhance client records;
• For marketing our services to you (Further information about the use of your personal data in connection with marketing is given below in the section Marketing communications);
• For the purposes of external audits and quality checks, e.g. for the audit of our accounts;
• For insurance purposes;
• To complete statutory returns;
• To identify those who are authorised to deal with Mackintosh & Wylie LLP on behalf of our clients, suppliers and/or service providers; and/or
• For recruitment. Where you apply for a job we will give you further information about how your personal data will be used.

We will also process personal data which is provided to us by or on behalf of our clients for the purposes of services we provide to them.

Managing our business

In relation to a number of uses of personal data we refer to above we are using such personal data on the basis that it is in our legitimate interests or those of a third party for us to do so. These interests cover a number of aspects of our business operations, namely:

• Ensuring that we are as efficient as we can be so we can deliver the best service for our clients at the best price
• To allow us to provide bespoke services where requested by our clients;
• Protecting our commercially valuable information and also our intellectual property;
• Preventing and detecting fraud and/or criminal activity that could be damaging for us and for our clients;
• For credit control purposes and to make sure our clients can pay for the services we provide;
• For the purposes of risk management and to maintain our accreditations so we can demonstrate we operate to the highest standards; and
• Ensuring we are able to keep up to date with our clients and contacts and developments in their organisations.

Marketing

We have a legitimate interest in processing your personal data for promotional purposes (see above The basis on which we use your personal data). This means we do not usually need your consent to send you marketing information. However, where consent is needed, we will ask for this consent separately and clearly.

We will always treat your personal data with the utmost respect.

We use personal data to look at whether you read the emails and other materials that we send to you. We also use it to look at whether you click on the links included in such materials and whether and how you visit our website after you click on that link (immediately and on future visits). We do this by using software that places a cookie on your device which tracks this activity and records it against your email address. Please see our cookie policy for more information about our use of cookies. If you remove this cookie it will not affect your use of our website.

You have the right to opt out of receiving promotional communications at any time by:

• Contacting us at GDPR@mackwylie.com
• Using the ‘unsubscribe’ link in emails or other marketing communications which we send to you.
• If you opt-out or ask us to delete your information in accordance with your rights set out below, we will retain basic information on a suppression list to record your request and to avoid sending you unwanted materials in the future.

You can also update your marketing preferences and give us more detail of the type of information you would like to receive from us by contacting us using this link to our preference centre.

We may ask you to confirm or update your marketing preferences if you instruct us to provide further services in the future, or if there are changes in the law, regulation, or the structure of our business.

Use of website

At a number of points on our website you are asked to provide information, for example, our Contact page. At the point at which information is requested it is clear what the purpose of providing the information is and we will only use the personal data you provide to us for that purpose.

Who we share your personal data with

We share personal data between Mackintosh & Wylie LLP and its affiliates where required for the purpose of providing legal advice or other products or services and for administrative, billing and other business purposes.

We also routinely share personal data with:

• Professional advisers acting on our clients’ behalf, e.g. barristers (barcouncil.org.uk/privacy-statement/) or advocates (advocates.org.uk/legal-notices);, other legal specialists (including mediators), medical professionals, accountants, tax advisors or other experts;
• Foreign law firms for the purposes of obtaining legal advice;
• Other third parties where necessary to carry out our clients’ instructions, e.g. a lender, HM Land Registry, Registers of Scotland or Companies House or other government departments or agencies
• Our client(s) – if we have collected your personal data in the course of providing legal or other services to any of our clients, we may disclose it to that client, and to others in the proper course of our duties or as required or permitted by law;
• Companies providing services for money laundering checks, credit risk reduction and other fraud and crime prevention purposes and companies providing similar services, including financial institutions, credit reference agencies, fraud prevention agencies and regulatory bodies with whom such personal data is shared;
• Our insurers and brokers, external auditors, banks and other third parties which provide services to us to allow us to fulfil our regulatory obligations and for risk management purposes;
• Courts, law enforcement authorities, regulators or lawyers or other parties where it is reasonably necessary for the establishment, exercise or defence of a legal or equitable claim, or for the purposes of a confidential alternative dispute resolution process or to comply with our legal and regulatory obligations;
• Third parties for the purposes of collecting feedback on our service provision, to help us measure our performance and to improve and promote our services;
• External service suppliers, representatives and agents that we use to make our business more efficient, e.g. technology service suppliers, marketing agencies, document collation, translators or analysis suppliers;
• Third parties involved in hosting or organising relevant events to which you have been invited.

Where we use such third parties we will ensure that appropriate provisions are put in place to protect the security of the personal information being held on our behalf and to ensure that the third parties do not use the personal information for their own purposes. The third parties will only process your personal information on our instructions and will be subject to a duty of confidentiality. We may, in certain circumstances, share your personal information with third parties outside of the UK subject to appropriate safeguards being put in place.

We may use e-signature software for the purposes of making signing documents easier. In order to do this we will need to input your contact details and upload the document (which may itself contain personal data about you) into the system of the e-signature provider. Details of how such provider will process your personal data will be provided in such instances.

We may also, should the need arise, share some personal data with other parties, such as potential buyers of some or all of our business or during a re-structuring. Usually, information will be anonymised but this may not always be possible. The recipient of the information will be bound by confidentiality obligations.

We may also use aggregated personal data and statistics for the purpose of monitoring website usage in order to help us develop our website and our services.

Other than as set out above, we will only disclose your personal data when you direct us or give us permission, when we are required by applicable law or regulations or judicial or official request to do so, or as required to investigate actual or suspected fraudulent or criminal activities.

Personal data about other people which you provide to us

If you provide personal data to us about someone else (such as one of your directors or employees, a member of your family or someone with whom you have business dealings) you should ensure that you are entitled to disclose that personal data to us and that, without our taking any further steps, we may collect, use and disclose that personal data as described in this privacy policy.

If you are employed by a business or organisation which is a client of Mackintosh & Wylie LLP or if you are a director, officer, partner, shareholder or member of such a business or organisation, we may use your personal data information in the course of providing services to that client.

Our obligations of professional secrecy to our clients (legal professional privilege/our general duty of confidentiality to our clients) mean we may also receive and process personal data of individuals as part of providing services to our clients. In many of these situations we cannot provide the individuals concerned with the relevant information about our processing of their personal data and indeed the relevant laws allow us not to provide that information. If we are processing your personal data in such a situation then in carrying out such processing we will adhere generally to the terms of this policy.

How long your personal data will be kept

We will hold your data for as long as is necessary for the purposes set out in this privacy policy. Different retention periods apply for different types of data. We have in place a retention policy which sets out the different retention periods for the types of information we hold.

The retention periods we apply take account of:

• The nature and sensitivity of the personal data;
• Legal and regulatory requirements and guidance;
• Limitation periods that apply in respect of taking legal action;
• The purposes for which we process your personal data; and
• The operational requirements of our business.

Where applicable, these retention periods may be extended where we retain personal information for compliance with legal or regulatory obligations (such as anti-money laundering laws or professional obligations to conflict check) or for the purpose of dealing with complaints and/or legal claims.

Updating personal data about you

We also need to know that your contact information is accurate and up to date so please advise of any changes on GDPR@mackwylie.com. You should also use this email address if you want to cancel any request you have made to us or you become aware of any inaccuracy in the contact information we hold about you.

The steps we take to protect your personal data

We will take appropriate technical and organisational measures to keep your personal data confidential and secure. We have appropriate security measures in place which take account, in particular, of the risks arising from accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to personal data. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.

The rights you have in relation to your personal data

How to contact us about this policy

Please contact us if you have any questions about this privacy policy or the information we hold about you.

Our contact details are shown below:

GDPR Officer, Mackintosh & Wylie LLP, 23 The Foregate, Kilmarnock KA1 1LE

Email: GDPR@mackwylie.com