PRIVACY POLICY IN RELATION TO LMS AND EACH USER

This policy explains how Legal Marketing Services ("LMS") uses any Personal Data (as defined in the Data Protection Act 1998 ("the Act")) you forward to it and how you can use any Personal Data LMS forwards to you.

When you enter into this Agreement, LMS requires certain Personal Data from you, including without limitation the name, home postal address (in relation to certain partners), email address and other contact details of individual staff at your practice. This policy is in relation to these details and any other Personal Data which LMS subsequently collects from you (collectively "Solicitor Information").

Use and Disclosure of Solicitor Information

LMS will use the Solicitor Information in a variety of ways, some of which will assist and enable LMS to provide its services to its clients and also to comply with its obligations to you as detailed in this Agreement. This may include for example, LMS contacting individual staff at your practice directly to monitor progress on specific cases and LMS publishing some Solicitor Information (e.g. fee earners' names and fee earners' email addresses but excluding home contact details of any individual staff) on its websites (which for the avoidance of doubt, can be accessed worldwide by the general public).

LMS may also use some Solicitor Information to undertake a credit search in respect of your partnership and individual partners at your practice with a credit reference agency and LMS will keep a copy, in accordance with the Act, of this search and the results which will be used for internal decision making purposes. The credit reference agency may also keep a copy of the search and they may share that information with other businesses who undertake similar searches in respect of your partnership and individual partners at your practice.

LMS may also in its sole discretion retain the Solicitor Information and use it for direct marketing services. Accordingly, LMS may send marketing information to individuals whose Personal Data LMS receives from you as part of the Solicitor Information. Such marketing information may relate to the legal profession and to goods and/or services provided by LMS and/or third parties as well as goods and/or services provided by third parties which are entirely unrelated to the legal profession. Such marketing information will only be sent to the individual's place of work.

LMS may sell some Solicitor Information (excluding home contact details of any individual staff) to carefully selected third parties, e.g. to brokers, financial institutions, estate agents or surveyors in order to provide a full service to LMS's clients and to comply with its obligations to you as detailed in this Agreement. LMS may also in its sole discretion sell some Solicitor Information (excluding home contact details of any individual staff) to unrelated third parties who may use such Solicitor Information for direct marketing purposes in relation to a wide range of goods and/or services which are entirely unrelated to the legal profession.

LMS reserves the right to report any activity which LMS suspects violates any relevant laws or regulations to the appropriate authority. If LMS is requested by such authority for the Solicitor Information LMS reserves the right to disclose it to them.

Warranties and Indemnity

You represent, warrant and undertake to LMS that: -
1. You have fully complied with the Act in all respects in relation to the Solicitor Information;
2. In providing the Solicitor Information to LMS you will not in any way be in breach of the Act;
3. You have fully informed all individuals whose Personal Data you are providing LMS with as part of the Solicitor Information (collectively "Relevant Individuals") of all information you are obliged to provide them with under the Act (e.g. the 'fair processing information') including without limitation:-
3.1 the identity and contact details of LMS;
3.2 the specific pieces of Personal Data relating to them you are providing LMS with;
3.3 all purposes for which LMS will Process (as defined in the Act) their Personal Data, as detailed above including without limitation the fact that some of their Personal Data may be published on websites and that this will constitute a "transfer to a country or territory outside the European Economic Area" as detailed in the eighth principle of the Act; and
3.4 the potential disclosure of their Personal Data by LMS to third parties and the likely consequences of such disclosure as detailed above;
4 You have informed all Relevant Individuals of your intended disclosure of their Personal Data to LMS and of LMS's intended uses and disclosures of their Personal Data as detailed above and have drawn their attention to this privacy policy;
5. You have given all Relevant Individuals the ability and option to object to any or all of their Personal Data being provided to LMS and/or to any or all of LMS's potential uses and disclosures of their Personal Data as detailed above;
6. You have obtained fully informed express written consent from all Relevant Individuals to the provision of their Personal Data to LMS and to all of LMS's uses and disclosures of their Personal Data as detailed above including without limitation consent to the transfer of their Personal Data outside the European Economic Area (as detailed above) and disclosure to third parties who may use it for unrelated direct marketing purposes (as detailed above); and
7. You will inform LMS immediately in the event that a Relevant Individual at any point removes their consent to or in any way complains about the provision of their Personal Data to LMS and/or to any or all of LMS's uses and disclosures of their Personal Data as detailed above;

You shall indemnify and keep LMS and LMS's directors, officers, employees and agents fully indemnified against all actions, claims, proceedings, costs and damages (including any damages or compensation paid by LMS on the advice of its legal advisors to compromise or settle any claim) and all legal costs or other expenses arising out of any breach of the above representations, warranties and/or undertakings or out of any claims by a third party based on any facts which if substantiated would constitute such a breach.

Keeping LMS's records accurate

LMS aims to keep all Solicitor Information LMS holds as accurate and up to date as possible. If you would like to review or change the details you have supplied LMS with, please contact LMS as set out below. LMS will keep the Solicitor Information in accordance with its Data Retention Policy.

Security

All Solicitor Information will be kept as confidential and as secure as possible through the use of LMS's secure server software. This means that Solicitor Information can only be exchanged between you, LMS and any third party to whom LMS decides to transfer the Solicitor Information to for the purposes detailed above. Furthermore as required by the Act LMS follows strict security procedures in the storage and disclosure of the Solicitor Information which you have given to LMS, to prevent unauthorised access.

LMS uses industry standard practices to safeguard the confidentiality of the Solicitor Information including "firewalls" and Secure Socket Layers. LMS treats the Solicitor Information as an asset that must be protected against loss and unauthorised access. LMS employees use many different security techniques to protect the Solicitor Information from unauthorised access by users inside and outside the company. However, "perfect security" does not exist on the Internet.

Cookies

All websites operated by LMS use cookies, however these cookies do not contain any Personal Data. Any time any individual, including all staff at your practice use any LMS website, such use will be subject to cookies unless the individual rejects them. For further information on LMS's use of cookies, please contact LMS as set out below.

Individual's Rights

Under the Data Protection Act 1998 all individuals are entitled on the payment of a fee, to be given from LMS a description of all Personal Data LMS holds about the individual, the purposes for which this is being processed and the recipients to whom this may be disclosed. All such individuals also have the right to have communicated to them in an intelligible form the information constituting the Personal Data and any information available to LMS as to the source of that Personal Data. If you require any further information on this point, please contact LMS as detailed below.

Use of LMS Information

This paragraph relates to any Personal Data which LMS provides to you in relation to this Agreement, this can include without limitation, contact details of LMS's clients (collectively "LMS Information"). You represent, warrant and undertake to LMS that: - In relation to LMS Information you are the Data Controller (as defined in the Act) from the time of your receipt of the LMS Information from LMS; As Data Controller, you will comply with all requirements of the Act, including without limitation with the eight principles contained in the Act in relation to the LMS Information; and Without limitation to the above, you will comply with all instructions given to you in writing by LMS from time to time in relation to all or any LMS Information.

You shall indemnify and keep LMS and LMS's directors, officers, employees and agents fully indemnified against all actions, claims, proceedings, costs and damages (including any damages or compensation paid by LMS on the advice of its legal advisors to compromise or settle any claim) and all legal costs or other expenses arising out of any breach of the above representations, warranties and/or undertakings or out of any claims by a third party based on any facts which if substantiated would constitute such a breach.

Contacting LMS

Should you wish to make any comments to LMS about this privacy policy or if you have any questions relating to the same please contact LMS by either emailing LMS on info@lmsuk.com, writing to LMS at Bickerton House, Lloyd Drive, Cheshire Oaks Business Park, Cheshire, CH65 9HQ or telephoning LMS on 0343 221 0600