Privacy Notice

Morton Pacitti LLP takes your data privacy seriously. In order to provide you with our services we collect and use personal data which means that we are a ‘Data Controller’ and we are responsible for complying with Data Protection Laws and the General Data Protection Regulations (GDPR).

In this Privacy Notice, we want to inform you what information we collect, how we use it and what rights individuals have in relation to the collection and processing of their personal data.

Our Contact Details

Morton Pacitti LLP

5 Newmarket Street

Falkirk

FK1 1JY

Tel: 01324 679030

Email: info@mortonpacitti.com

If you have any questions in respect of this Privacy Notice or how we manage your personal data, please contact:

Linda Pacitti

Morton Pacitti LLP

5 Newmarket Street, Falkirk, FK1 1JY

Tel: 01324 679030 / email: info@mortonpacitti.com

 Who do we collect and process information about?

• Clients and Customers
• Employees
• Enquirers
• Suppliers
• Advisers
• Complainants

What personal data do we collect and process?

• General contact details such as, Name, Address, email address, Telephone number
• General Information such as National Insurance numbers and Date of Birth
• Proof of Identification documents such as Passport or Driving Licence
• Standard Security Information
• Details of Goods and Services provided to you
• Financial Details – such as credit history, payment or bank details
• Funding Sources
• Missive Information
• Trust Deeds
• Gifted Deposit Details
• In the event of recruitment, Employment and Education History
• In respect of employment, payroll, tax and pension information
• Information obtained through our use of cookies (please see the section on Cookies and Similar Technologies)
• Your marketing preferences

Special Categories of Personal Data that we collect:

• In respect of Power of Attorney services, Health & Medical Information

How we collect your information

In most cases, we collect your data directly from you.  We collect data and process it when you

• Complete an online ‘contact us’ form
• Complete an employment application form
• Meet with us to discuss and agree services
• Speak to us on the telephone to discuss or use our services
• Email or write to us to enquire about or use our services
• Provide us with documentation in relation to agreed services
• View our website via your browsers cookies (see our Cookie Policy)

Or Indirectly

We also receive your data indirectly from the following sources:

• From Will documents
• Family members or beneficiaries who have authority
• Executors or notifiers
• Public sources – demographic data, Market Research
• Credit Agencies
• Banks or building societies
• Medical Professionals

Why do we collect your information?

Where we collect and process personal data, we identify both the purpose and legal basis for doing so.  There are 6 possible legal bases which are:

Consent – where we have consent from the individual to the processing of his or her personal data for one or more specific purpose.

Contract – where the processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract.

Legal Obligation – The processing is necessary for compliance with a legal obligation to which we are subject.

Vital Interests – Where the processing is necessary in order to protect the vital interests of the data subject or another natural person.

Public Interest – Where the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

Legitimate Interests – Where the processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.

Our purpose and legal basis for the information we collect, and process allows us to:

Where we rely on your consent you have the right to withdraw this consent at any time by contacting:

Linda Pacitti, Morton Pacitti LLP, 5 Newmarket Street, Falkirk, FK1 1JY

Tel: 01324 679030 / email: info@mortonpacitti.com

Legitimate Interests – Where the processing of personal data is based on our Legitimate Interests, it is to improve on our service, security and prevent fraud or illegal activity in favour of the wellbeing of our customers and employees.

Who do we share your information with? 

From time to time we may share your personal information with the following third parties for the purposes set out above:

• Accountants
• Payment Services Providers
• Software and Service Providers such as Anti Money Laundering software, cloud storage services
• Auditors
• Specialist Experts for example legal consultations, website operators
• Fraud detection Agencies
• Police and Law Enforcement agencies where reasonably necessary for the prevention or detection of crime
• Debt Collection Agencies
• Credit Reference Agencies
• Regulators and governing bodies such as HMRC in respect of employment & Payroll data
• Selected Third Parties in connection with the sale, transfer or disposal of our business

International data transfers

We do not currently transfer personal data outside of the EU/UK.

Automated decision-making or Profiling 

We do not process personal data for automated decision making or profiling.

How Long do we keep personal data for?

We will retain personal data in accordance with legal and regulatory requirements and for no longer than is necessary to fulfil the purposes set out in this privacy policy.  We maintain and review a detailed retention policy which documents how long we will hold different types of data.  The time period will depend on the purpose for which we collected the information.  In some circumstances such as will documents or trust deeds, these may be retained indefinitely.

We will delete your personal data in accordance with our data retention and deletion policy or take steps to properly render the data anonymous, unless we are legally obliged to keep your personal data longer (e.g. for tax, accounting or auditing purposes).

The following details the criteria used to establish the retention period set out within our policy;

Where it is still necessary for the provision of our Services

This includes the duration of any contract for services we have with you and for a period of 12 months after the end (or fulfilment) of any contract with you, with a view to maintaining and improving the performance of our products, keeping our systems secure, and maintaining appropriate business and financial records. This can mean that we retain the information for further periods to ensure that any contract of service which relies on future events can be fulfilled.  Most of our retention periods are determined on the basis of this general rule.

Where required by Statutory, contractual or other similar obligations

Corresponding storage obligations may arise, for example, from laws or regulation. It may also be necessary to store personal data with regard to pending or future legal disputes. Personal data contained in contracts, notifications and business letters may be subject to statutory storage obligations depending on national law.

Your Rights as a data subject

As a data subject, you have rights in relation to your personal data.  These are:

The Right to Access – You have the right to request details of personal information held or processed and to copies of this data.  We do not usually charge for this service.

The Right to Rectification – You have the right to request that any information be corrected that you believe is inaccurate or to complete any information that you believe is incomplete.

The Right to Erasure – You have the right to request that we erase your personal information under certain conditions.

The Right to Restrict Processing – You have the right to request that we restrict the processing of your personal data under certain circumstances.

The Right to Object to Processing – You have the right to object to our processing of your data, under certain conditions.

The Right to Data Portability – You have the right to request that we transfer the data that we have collected to another organisation or directly to you, under certain conditions.

You also have the Right to Withdraw Consent where you have previously provided this at any time.

To exercise any of these rights, please contact:

Linda Pacitti

Morton Pacitti LLP, 5 Newmarket Street, Falkirk, FK1 1JY

Tel: 01324 679030 / email: info@mortonpacitti.com

You also have the right to complain to the Supervisory Authority.  Where you wish to report a complaint or feel that we have not addressed your concern in a satisfactory manner, you may contact the Information Commissioner’s Office at:

Information Commissioners Office

Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF

Helpline: 0303 123 1113

Contractual Obligations and Consequences

In some circumstances, the provision of personal data is partly required by law (for example, tax regulations, legal obligations) or can also result from contractual provisions.  This means that it may sometimes be necessary to conclude or fulfil a contract, that the personal data be provided.  In those circumstances where the data is not provided or where certain rights are exercised, (Erasure, Objection) there is a possible consequence that the contract could not be fulfilled or concluded and may be cancelled.

Cookies & Similar Technologies 

When you visit our Website, we use cookies and similar technologies to provide you with a better, faster and safer user experience or to show you personalised advertising. Cookies are small text files that are automatically created by your browser and stored on your device when you visit or use the Website.   For full details please see our separate Cookie Policy.

Data security

We protect your personal data through technical and organisational security measures to minimise risks associated with data loss, misuse, unauthorised access and unauthorised disclosure and alteration. We store your data via cloud storage and secure software systems.  In addition, we maintain physical security measures where manual files are in use.  We have records management policy which details both physical and electronic access, password security and clear desk restrictions.  In addition, we use firewalls and may use data encryption.

Changes to our Privacy Notice

Morton Pacitti LLP keep our Privacy Notice under regular review.  This Privacy Notice was last updated on 16th December 2019.

Contacting Us

If you have any questions in respect of this Privacy Notice or how we manage your personal data, please contact:

Linda Pacitti

Morton Pacitti LLP, 5 Newmarket Street, Falkirk, FK1 1JY

Tel: 01324 679030 / email: info@mortonpacitti.com