Data Protection Policy Privacy Notice Data Protection Act

DATA PROTECTION POLICY

INTRODUCTION

This Policy (“Policy”) sets out the Data Protection Principles which Commerce Law Limited commit to comply with when processing personal data in the course of my business as notary public (“Business”

The Business has notified its data processing activities to the Information Commissioner’s Office.

The Appendix contains a Glossary of the defined terms in this Policy.

COMPLIANCE WITH THIS POLICY

The Business will ensure the protection of personal data in accordance with this Policy by the Notary, all Personnel and Suppliers. 

A breach of data protection laws by the Notary, any Personnel or Supplier could result not only in monetary penalties awarded against the Business but also negative publicity which could affect the Business as well as the entire notaries’ profession.

THE DATA PROTECTION PRINCIPLES 

The Business shall comply with the following Data Protection Principles when processing personal data.

1. Fairness and   Transparency: The Business must process personal data fairly and provide   individuals with information about how and why their personal data is   processed. 

The Business must provide a privacy notice to each client, Personnel and Supplier to inform them of:

· the identity of the Business as Controller;

· the purposes for which their personal data are processed;

· the legal basis for processing;

· any legitimate interests pursued by the Business or a third party, if applicable;

· the recipients or categories of recipients of the personal data, if any;

· where applicable, the fact that the Business intends to transfer personal data to a third country or international organisation and the existence or absence of an adequacy decision by the relevant authority, or reference to the appropriate or suitable safeguards and the means by which to obtain a copy of them or where they have been made available;

· the period for which the personal data will be stored, or if that is not possible, the criteria used to determine that period; 

· the existence of the right to request from the Controller access to and rectification or erasure of personal data or restriction of processing concerning the data subject or to object to processing as well as the right to data portability;

· the existence of the right to withdraw consent at any time, if applicable;

· the right to lodge a complaint with a supervisory authority;

· whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether the data subject is obliged to provide the personal data and of the possible consequences of failure to provide such data; and

· the existence of Automated Decisions, including profiling, and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.

For example, such privacy notice should be included in each client engagement letter or service agreement. If no engagement letter is issued, the privacy notice can be made available on the Business website or in other appropriate and easily accessible form. If the notice is published on the website, a conspicuous link to the website or privacy notice should be included in the Business email footer or other Notary stationery to bring the notice to the data subjects’ attention.

Where a client provides personal data of third party data subjects to the Business, no notice will have to be provided to those third party data subjects by the Business if such information must remain confidential subject to an obligation of professional secrecy. To the extent that no such obligation of professional secrecy applies, the Business should place a contractual obligation on each client and Supplier to ensure that such notice is provided to those third party data subjects on behalf of the Business. 

2. Lawful Processing: The Business must only   process personal data, including special category personal data, lawfully   where it has a valid basis for the processing. 

Generally, personal data must not be processed without a legal ground. In the context of the Business, personal data are typically processed on the basis that:

· processing is necessary for the performance of a contract (e.g. engagement letter) to which the data subject (e.g. the client) is party or in order to take steps at the request of the data subject prior to entering into a contract;

· processing is necessary for the legitimate interests pursued by a client or the Business, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject. This ground may apply to the processing of the personal data of any third party data subjects whose personal data are provided by the client;

· a legal obligation to which the Business is subject and where compliance with such obligation necessitates the processing of personal data by the Business;

· the data subject consents, where such consent is procured from the client; and

· other legal grounds such as protecting the vital interests of the data subject or processing of personal data in the public interest.

3. Purpose Limitation: The Business must only collect personal data for a specific, explicit and   legitimate purpose. Any subsequent processing should be compatible with that   purpose, unless the Business  has obtained the individual’s consent or the processing is otherwise   permitted by law.

The Business will typically process:

· the personal data of its clients as required for the purposes of providing its professional services and the administration of its client relationship; 

· the personal data of its Personnel as required for the administration of Personnel, if applicable; 

· the personal data of its Suppliers as required for the administration of its Supplier relationships, if applicable; and

· the personal data of its clients, Personnel and Suppliers as is necessary in order to comply with its legal obligations.

The Business will generally not carry out any unsolicited electronic marketing, but to the extent it does, it will have to comply with the law. 

4. Data Minimisation: The Business must only   process personal data that is adequate, relevant and limited to what is   necessary for the purpose for which it was collected. 

The Business should place a contractual obligation on each client to ensure that only the minimum necessary personal data is provided in connection with the professional services sought.

Where a client provides personal data that appears excessive in connection with the professional services sought, the Business will return such personal data to the client and request that only necessary personal data is provided.

5. Data Accuracy: The Business must take   reasonable steps to ensure personal data is accurate, complete, and kept   up-to-date.

The Business should place a contractual obligation on each client to ensure that any personal data provided in connection with the professional services sought is accurate, complete and up to date.

The Business will endeavour to keep an accurate record of personal data in relation to its clients and Personnel.

6. Individual Rights: The Business must allow individuals   to exercise their rights in relation to their personal data, including their   rights of access, erasure, rectification, portability and objection.

The Business will ensure that all Individual Rights Requests are correctly identified and appropriately responded to, subject to any applicable exemptions. 

7. Storage Limitation: The Business must only   keep personal data for as long as it is needed for the purpose for which it   was collected or for a further permitted purpose. 

The Business will keep all records as long as required by applicable law or as may be necessary having regard to custom, practice or the nature of the documents concerned. For example, the Notaries Practice Rules 2014 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. 

Save for personal data included in records which must kept for a prescribed period or preserved permanently in compliance with any legal obligations to which the Business is subject, such as the obligation explained above, personal data shall be kept for no longer than necessary for the relevant purpose. For example, any Personnel records should be kept for no longer than 12 months following the termination of employment or contract, unless a longer retention is required under applicable law.  

8. Data Security: The Business must use appropriate security measures to protect personal data,   including where third parties are processing personal data on our behalf.

The Business will adopt the following security measures: 

Physical security measures

· ensure physical security of premises, e.g. locked office;

· keep documents in locked cabinets; 

• reduce      access privileges to only those needed;
• grant      access to only such Personnel who need to have access in connection with      their duties;
• dispose of documents      using a confidential bin or through a cross cut shredder; and
• other appropriate physical security      measures.

Organisational security measures

• vet Personnel and      Suppliers on a continuing  basis;
• implement      non-disclosure agreements prior to entering into formalised agreements;

· provide training to Personnel where appropriate; 

• implement a strict      ban on the use of personal email for work purposes; and
• other appropriate      organisational security      measures.

Technical security measures

· firewalls which are properly configured and using the latest software;

· regular patch management and OS updates;

· real-time protection anti-virus, anti-malware and anti-spyware software;

· user access control management by, for example, the UAC functionality in Windows, adopting principle of least privileges; 

• unique passwords of      sufficient complexity and regular (but not too frequent) expiry;

· encryption of all portable devices ensuring appropriate protection of the key; 

• data backup; and
• other appropriate technical      security      measures.

The Business will comply with Policy: Appointing Suppliers.

9. Accountability: I must take steps to   comply with, and be able to demonstrate compliance, with the Data Protection   Principles. 

The Business will implement appropriate governance processes as set out in this Policy.

GOVERNANCE PROCESSES 

In order to ensure that the Data Protection Principles are implemented the Business shall adopt the following governance processes. 

A. Documented Policies

In order to ensure compliance with Data Protection Principle 9 (Accountability), the Business shall comply with this Policy and implement such other data protection policies and establish internal governance processes from time to time as may be required in order to operate the Business in compliance with data protection laws. 

B. Assurance

The Business will ensure, by way of training or otherwise, that Personnel carry out their tasks in a way that will ensure compliance with data protection laws. Each member of Personnel and each Supplier shall have access to this Policy and it shall have an obligation to comply with it.

Each Supplier will have to comply with data protection obligations in accordance with its service agreement including, where appropriate, a data processing agreement.

The Business shall periodically review this Policy and other policies to ensure that they continue to comply with the relevant legal requirements. 

C. Advice 

Where necessary the Business shall seek advice in order to ensure that its processes comply with data protection laws. 

D. Third Parties 

The Business shall comply with Policy: Appointing Suppliers in relation to appointing any third party contractor or supplier who will process personal data on behalf of the Business. 

E. Data Protection Impact Assessments

The Business shall implement a process so that any processing which is likely to result in a high risk to the rights and freedoms of individuals is subject to a documented Data Protection Impact Assessment (DPIA), to assess the risks associated with the proposed processing and identify any safeguards which should be put in place to mitigate those risks. The Business shall maintain a record of each DPIA.

F. Record-keeping

The Business will implement a process to maintain an up-to-date documented record of its processing activities by way of adding relevant information in the Notary register or by other appropriate means. This record should include a general description of the following:

Record keeping requirements

Suggested record

· The purpose of the processing.

· Typically, in relation to   Business transactions this will include processing to deliver client services;

· The categories of personal   data and individuals to whom the data relates.

· a variety of mostly legal   documents with copies of identity information relating to clients;

· The categories of recipients   (if any), including both Controllers and Processors, and any transfers   outside the UK to countries which may not have adequate data protection laws   with an indication of how such transfer is contractually controlled.

· either the client or a third   party to whom the client wished the documents to be sent after processing and   such parties may often be located outside the UK;

· Where possible, the envisaged   retention period for the personal data.

· records will be retained in   accordance with the Notaries Practice Rules; and

· Where possible, a general   description of the technical and organisational security measures in place.

· the measures in place as set   out at paragraph 8 above.

Although it is envisaged that the Business will act as Controller in most cases, where the Business processes personal data on behalf of another person the Business will make sure to maintain a record of its activities as a Processor and/or Controller. This record should include a general description of the following:

· The identity of the Business and contact details.

· The categories of processing carried out on behalf of the third party.

· Any transfers outside the UK.

· Where possible, a general description of the technical and organisational security measures in place.

G. Privacy By Design

When implementing a new processing activity, tool or functionality involved in the processing of personal data, the Business will ensure, by contractual means or otherwise, that such activity, tool or functionality is designed and built in a way that allows me to comply with the Data Protection Principles.

H. Complaint handling

The Business shall implement a process to receive and handle enquiries and complaints from individuals and the supervisory authorities concerning the processing of personal data. 

The Business shall ensure that all enquiries and complaints are dealt with in a timely manner, in compliance with any applicable statutory deadlines. 

Last updated August 2021

1.  

APPENDIX: GLOSSARY 

anonymous data

Data which does not relate to an identified or   identifiable individual, or personal data which has been rendered permanently  anonymous in such a way that the individual is no longer identifiable (even   if the data was combined with other data held by the Business Company). 

Automated Decision

A decision which produces legal effects, or   similarly significantly affects an individual, and which is based solely on   the automated processing (including profiling) of their personal data. 

Business

The business of providing notarial services.

Controller

A party which determines the purposes and means   of the data processing. 

data

Any information which is recorded electronically   or, where recorded in a manual format (e.g. on paper), is organised by   reference to an individual. 

data subject

The individual to whom the personal data relates.

Individual Rights Request

A request from a data subject in respect of their   personal data, e.g. to access, erase, or rectify their personal data, or   object to its processing.

personal data 

Any data relating to an identified or   identifiable natural person. This can include (but is not limited to) names,   addresses, email addresses, positions held, photographs, job applications,   personnel files, occupational health records, opinions, and correspondence to   and from an individual.

Personnel

All employees of  the Business at all levels, including,   directors, officers, agency workers, seconded workers, volunteers, interns,   agents, contractors and external consultants.

processing 

Any operation performed on personal data, such as   collection, recording, storage, retrieval, use, combining it with other data,   transmission, disclosure or deletion. 

Processor

A party processing personal data on behalf of a   controller, under the controller’s instructions.

pseudonymised data

Personal data which can only be attributed to a   specific individual by combining it with additional information (such as a   key or other identifier), where the additional information is kept   technically and logically separate from the pseudonmyised data to avoid the   individual being identified. Pseudonymised data remains personal data. 

Sensitive or special categories personal data 

Personal data revealing a person’s racial or   ethnic origin, political opinions, religious or philosophical beliefs, or   trade union membership; biometric (e.g. fingerprints or facial recognition)   or genetic information; or information about a person’s health, sex life or   sexual orientation, or relating to criminal convictions or offences (including   allegations). 

Supplier

Any external vendor, supplier, consultant or   similar third party engaged to provide services to the Business.

DATA PROCESSING TERMS 

In order that you as a service provider and data processor (referred to as “Processor” or “you” or “your”) may provide or continue to provide certain services (the “Services”) to us, the Notary Business and data controller (referred to as “Notary Business” or “we”, “us” or “our”), you have agreed that these data processing terms (“Terms”) shall apply (notwithstanding any other terms and conditions applicable to the delivery of the Services to the contrary) in order to address the compliance obligations imposed upon the Notary Business and its Clients pursuant to the Data Protection Law. These Terms shall constitute a separate agreement or they may be incorporated by reference in the relevant Services agreement, as the case may be. 

BY ACCEPTING ANY MATERIALS FROM THE NOTARY BUSINESS OR OTHERWISE COMMENCING THE SERVICES (“EFFECTIVE DATE”), YOU AGREE THAT THE PROCESSOR WILL PROCESS NOTARY BUSINESS PERSONAL DATA IN ACCORDANCE WITH THESE TERMS, WHICH YOU HEREBY ACCEPT FOR AND ON BEHALF OF THE PROCESSOR. 

NOW IT IS HEREBY AGREED as follows:

1. definitions

1.1. In this Agreement, capitalised words shall have the meaning as set out below or, as the case may be, elsewhere in this Agreement:

“Affiliate”

means   any entity that directly or indirectly controls, is controlled by, or is   under common control with, a party from time to time during the Term;

“Data   Protection Law”

means   the data privacy laws applicable to the processing in connection with the   Services, including, where applicable, the Directive 95/46/EC, as amended or   replaced by any subsequent Regulation, Directive or other legal instrument of   the European Union including by the General Data Protection Regulation or   similar law, or the applicable data privacy laws of any other relevant   jurisdiction;

“Client”

means   any client of the Notary Business;

“Contractual   Clauses”

means   the standard contractual clauses of the European Commission   for the transfer of personal data across borders, as amended or replaced from   time to time, or any equivalent set of contractual clauses approved for use   under Data Protection Law; and

“Notary   Business Personal Data”

means   the personal data processed by Processor in connection with the Services on   behalf of the Notary Business during the Term. The processing may include   activities auxiliary to our notarial services, such as postal, courier, legalisation,   translation, hosting, administrative and other services. This will include names   and other information about data subjects included in Client materials; and

1.2. The words “data subject”, “personal data”, “processing” and variations, “controller” and “processor” shall have the meaning attributed to them in Data Protection Law.

2. APPOINTMENT

2.1. The Notary Business is designated by its Clients, Client Affiliates and Notary Business Affiliates (collectively “Instructing Parties”) to provide and manage various services, including the Services on their behalf. Accordingly, Notary Business Personal Data may contain personal data in relation to which Instructing Parties are controllers. Notary Business confirms that it is authorised to communicate to Processor any instructions or other requirements on behalf of Instructing Parties in respect of processing of Notary Business Personal Data by Processor in connection with the Services.

2.2. Processor is appointed by Notary Business to process Notary Business Personal Data on behalf of the Notary Business and/or the Instructing Parties, as the case may be, as is necessary to provide the Services or as otherwise agreed by the parties in writing. 

3. duration

The Terms shall commence on the Effective Date and shall continue in full force and effect until such time as all Services have ceased and all Notary Business Personal Data in the Processor’s possession or within its reasonable control (including those held by a Subprocessor) has been returned or destroyed (the “Term”). 

4. data protection COMPLIANCE

4.1. In relation to its processing of Notary Business Personal Data, save as otherwise required by law, you agree to:

(a) process Notary Business Personal Data only as required in connection with the Services and in accordance with our documented lawful instructions from time to time;

(b) inform us if, in your opinion, an instruction infringes Data Protection Law;

(c) ensure that all personnel authorised by you to process Notary Business Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality; 

(d) implement appropriate technical and organisational measures to appropriately safeguard Notary Business Personal Data having regard to the nature of the personal data which is to be protected and the risk of harm which might result from any Security Breach (as defined below), at a minimum the measures set out in the Schedule;

(e) promptly inform us of any data subject requests under Data Protection Law or regulatory or law enforcement requests relating to Notary Business Personal Data. You shall not acknowledge or otherwise respond to the subject access request except with our prior written approval, which shall not be unreasonably withheld; 

(f) provide such assistance as the Notary Business may reasonably require in order to ensure our or the Instructing Parties’ compliance with Data Protection Law in relation to data security, data breach notifications, data protection impact assessments and prior consultations with the Information Commissioner’s Office or other competent authority; 

(g) at our choice, without delay delete or return all Notary Business Personal Data to us, and delete existing copies of all Notary Business Personal Data in the Processor’s possession or within its reasonable control (including those held by a Subprocessor); and 

(h) make available to Notary Business information reasonably necessary to demonstrate your compliance with these Terms and allow for, and contribute to, audits and inspections carried out by Notary Business.

5. SUBPROCESSORS

5.1. Processor will sub-contract, outsource, assign, novate or otherwise transfer obligations under these Terms or engage any subcontractors involved in the processing of Notary Business Personal Data (each a “Subprocessor”) only with Notary Business’s prior written consent and subject to clause 5.2.

5.2. When engaging a Subprocessor, Processor will:

(a) carry out reasonable due diligence; 

(b) enter into a contract on terms, as far as practicable, same as those in these Terms, and which may include Contractual Clauses to provide adequate safeguards with respect to the processing of Notary Business Personal Data; and

(c) inform us of any intended changes concerning the addition or replacement of a Subprocessor from time to time. If we object to any such change on reasonable grounds, then acting in good faith the parties will work together to resolve such objection. 

6. security INCIDENTS

6.1. “Security Breach” means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Notary Business Personal Data transmitted, stored or otherwise processed.

6.2. Processor will notify the Notary Business without undue delay if Processor aware of any Security Breach.

6.3. Processor will investigate the Security Breach and take reasonable action to identify, prevent and mitigate the effects of the Security Breach. Processor will take such further action as we may reasonably request in order to comply with Data Protection Law.

6.4. Processor may not release or publish any filing, communication, notice, press release, or report concerning any Security Breach ("Notices") without our prior written approval; such approval shall not be unreasonably withheld. 

7. INTERNATIONAL DATA TRANSFERS

7.1. Processor will ensure that no Notary Business Personal Data are transferred out of either: 

(a) the European Economic Area; or 

(b) any other territory in which restrictions are imposed on the transfer of Notary Business Personal Data across borders under Data Protection Laws,

without the prior written consent of Notary Business and subject to clause 7.2.

7.2. Notary Business will ensure that Contractual Clauses or other applicable transfer mechanism, such as EU-US Privacy Shield Framework in relation to EU-US transfers, is in place to ensure adequate level of data protection. 

8. INDEMNITY 

Notwithstanding any provisions of the relevant Services agreement to the contrary, Processor shall and hereby agrees to indemnify Notary Business and Instructing Parties 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 as a result of any gross negligence or wilful breach by Processor of these Terms.

9. MISCELLANEOUS

9.1. Clause and other headings in these Terms are for convenience only and shall not affect the meaning or interpretation of these Terms.

9.2. To the extent of any conflict, these Terms shall prevail over any Services agreement or other agreement.

9.3. Nothing in these Terms will exclude or limit the liability of either party which cannot be limited or excluded by applicable law. Subject to the foregoing sentence, (i) these Terms, including any appendices, constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior agreements, understandings, negotiations and discussions of the parties relating to its subject matter; and (ii) in relation to the subject matter of these Terms neither party has relied on, and neither party will have any right or remedy based on, any statement, representation or warranty, whether made negligently or innocently, except those expressly set out in these Terms. 

9.4. Processor shall agree any amendment to these Terms that may be required from time to time for us and Instructing Parties to comply with any amended Data Protection Laws.

9.5. All notices of termination or breach must be in English, in writing and addressed to the other party’s primary contact person or legal department. Notice will be treated as given on receipt, as verified by a valid receipt or electronic log. Postal notices will be deemed received 48 hours from the date of posting by recorded delivery of registered post. 

9.6. Subject to clause 9.2, the Notaries Society is not a party to these Terms and it shall have no liability whatsoever.

9.7. The provisions of these Terms are severable. If any phrase, clause or provision is invalid or unenforceable in whole or in part, such invalidity or unenforceability shall affect only such phrase, clause or provision, and the rest of these Terms shall remain in full force and effect.

9.8. These Terms are governed by English law and the parties submit to the exclusive jurisdiction of the English courts in relation to any dispute (contractual or non-contractual) concerning these Terms save that either party may apply to any court for an injunction or other relief to protect its property or confidential information.

SCHEDULE: Security measures

Processor shall put in place the following measures, as applicable.

Minimum technical measures 

• Firewalls which are properly configured and using the latest software;

• user access control management;

• unique passwords of sufficient complexity and regular expiry on all devices; 

• secure configuration on all devices;

• regular software updates, if appropriate, by using patch management software; 

• timely decommissioning and secure wiping (that renders data unrecoverable) of old software and hardware;

• real-time protection anti-virus, anti-malware and anti-spyware software;

• https;

• encryption of all portable devices ensuring appropriate protection of the key;

• encryption of personal data in transit by using suitable encryption solutions;

• multi-factor authentication for remote access; 

• WPA-TKIP secured WiFi access; 

• delinquent web filtering and other appropriate internet access restrictions;

• intrusion detection and prevention systems; 

• appropriate and proportionate monitoring of personnel; and

• data backup and disaster recovery measures and procedures.

Minimal organisational measures 

• Vet all personnel including staff, contractors, vendors and suppliers (including Subprocessors) on continuous basis;

• non-disclosure agreements used with all personnel;

• regular training of all personnel on confidentiality, data processing obligations, identification of Security Breaches and risks; 

• apply principle of least authority, including a restricted or strictly controlled transit of data and material outside of office;

• physical security on premises including reception or front desk, security passes, clean desk policy, storage of documents in secure cabinets, secure disposal of materials, CCTV, etc.; 

• apply appropriate policies including Information Security Policy, Data Protection Policy, BYOD, Acceptable Use Policy; 

limited and monitored personal use of work resources, as appropriate.

DATA PROTECTION PRIVACY NOTICE 

1. The Business is defined as being Owen Thomas Lowry - Notary Public (hereinafter referred to as being “Business”).  The Business is registered with the Information Commissioner’s Office (“ICO”). 
2. If you have any questions about this privacy notice (“Notice”), please contact us by email. 
3. 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”). 
4. 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 paragraph 9. 

What is Personal Data?

1. “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. 
2. 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. 
3. 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. 
4. 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 Service, 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? 

1. 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;
• sending you  personalised marketing communications requested by you, as well as serving personalised advertising to your devices, based on your interests in accordance with our Cookie Statement below. You have the right to disable cookies as set out above or to unsubscribe;
• 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). 

Cookie statement 

What exactly are cookies? 

1. 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. 
2. 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

1. 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.
• Targeting or advertising cookies. These cookies allow us and our advertisers to deliver      information more relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as to help measure the effectiveness of advertising campaigns.  They remember that you have visited our website and may help us in compiling your profile. These are persistent cookies which will be kept on your      device until their expiration or earlier manual deletion.
• Social Media cookies. These cookies allow you to connect with social media networks such as LinkedIn and twitter. These are persistent cookies which will be kept on your device      until their expiration or earlier manual deletion. 

1. We may combine information from these types of cookies and technologies with information about you from other sources. 

Cookie consent and opting out 

1. 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. 
2. When you arrive on our      website a pop-up message will appear asking for your consent to place      advertising cookies on your device.  In order to provide your      consent, please click ‘I understand’. Once your consent has      been provided, this message will not appear again when you revisit.       If you, or another user of your device, wish to withdraw your consent at      any time, you can do so by altering your browser settings otherwise we will assume that you are happy to receive cookies from our website. For more information please visit allaboutcookies.org and http://www.youronlinechoices.com/uk/. 

Disclosure of personal data 

1. 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, Coomonwealth and Development 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;
• subject to your consent, our advertising and marketing partners who enable us, for example, to deliver personalised ads to your devices or who may contact you by post, email, telephone, SMS or by other means;
• 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 DATA TRANSFERS

17. We may disclose or transfer your personal data to a third party in countries outside the United Kingdom for further processing in accordance with the purposes for which your personal data were originally collected or for purposes to which you have consented. In these circumstances we will ensure that your rights are adequately protected by technical and contractual means, in particular that appropriate transfer mechanisms, such as the UK International Data Transfer Agreement, are in place to ensure an adequate level of data protection, where applicable. 

Retention of personal data 

18. 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. 

19. We may keep an anonymized form of your personal data, which will no longer refer to you, for statistical purposes without time limits, to the extent that we have a legitimate and lawful interest in doing so. 

Security of personal data 

20. The Business will implement technical and organisational security measures in order to prevent unauthorised access to your personal data. 

21. 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.