Privacy policy

The business of BOGARD LEGAL SERVICES LIMITED (Companies House Registration Number 13863235) whose registered office is at 123 Harvey Drive, Chestfield, Whitstable Kent, CT5 3QY trading as BOGARD LEGAL (referred to in this document as “Bogard Legal”, “we”, “us”, “our”) is registered with the Information Commissioner’s Office (“ICO”) under number ZB345847.

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Please contact us if you have any questions relating to this privacy policy (“Policy”).

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Bogard Legal respects your privacy and is committed to protecting your personal data.

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Bogard Legal will process your personal data and third parties’ personal data, as further explained below, when:

• we provide you with legal and tax services, or you are a prospective client (you make an enquiry of our services);

• you are a contact of Bogard Legal;

• you visit our website;

• you sign up to receive information about us, our services and events we organise;

• you are connected to a client of Bogard Legal, or a prospective client, or for a matter for which we receive instructions from a client of Bogard Legal;

• to comply with professional obligations to which we are subject.

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1. Information and who we are

1.1Purpose of this Privacy Policy and Contact Details

The Data Protection Act 2018 (“DPA 2018”) and the General Data Protection Regulation (“GDPR”) impose certain legal obligations in connection with the processing of personal data

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Bogard Legal is a data controller within the meaning of the GDPR. We are responsible for processing your personal data and we are responsible for our website.

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This privacy policy aims to give you information on how we collect and process your personal data in the circumstances listed above.

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The firm’s contact details are as follows:

Full name of legal entity:Bogard Legal Services Limited (trading as Bogard Legal)

Registered office:123 Harvey Drive, Chestfield, Whitstable, Kent, CT5 3QY

Name of contact:Sarah Bogard

Email address:info@bogardlegal.co.uk

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1.2Changes to the Privacy Policy and your obligation to inform us of changes to your Personal Data

We may amend this Policy from time to time. If we do so, we will post an amended copy of the Policy on our website and, where appropriate, supply you with and/or otherwise make available to you a copy of the amended Policy. This Policy was last updated on 5 November 2022.

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Your continued used of our services after notifying such changes will amount to your acknowledgement of the amended Policy.

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It is important that the personal data we hold about you is accurate and up to date. Please inform us if any of your personal data changes during your relationship with us, including future changes after we have ceased to act for you especially if you have agreed for us to send you information on legal or tax updates, our services or upcoming events.

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1.3Third Party Links

If our website includes links to third party websites, then clicking on those links may allow third parties to collect or share data about you. Please note that we do not control in any way any such third-party websites and we are not responsible in any way for their privacy policies and statements. When you leave our website, we would encourage you to read the privacy policies, notices and statements of any other website you visit.

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2. About the data we collect about you

“Personal data”, or personal information, means any information about a person (known as a “data subject”) from which that person can be identified (for example name, address, email address, IP address).

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It may include special categories of personal data such as racial or ethnic origin, political opinions or religious beliefs, or data concerning your state of health. We will only process special categories of personal data where you have enquired with us about our services or you have instructed us to carry out legal services with you and only where it is necessary for us to process special categories of personal data in order to fulfil those instructions and provide you with the advice you are seeking.

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It does not include data where the identity has been removed (anonymous data).

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Bogard Legal may process personal data and special categories of personal data which you provide directly, or which has been provided by other data subjects, or from third party service providers (such as due diligence platforms or other professional advisers).

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If you use our online services, Bogard Legal may collect information about your devices.

Different kinds of personal data may include:

• Identity Data – including your name, title, marital status, date of birth and gender, address, job title;

• Contact Data – including contact details such as telephone number and email address;

• AML Data – including identification documents such as a passport, driving licence or birth certificate evidencing you and document evidencing your address, for the purposes of complying with the Money Laundering Regulations 2017;

• Work Data – including communications and documents created or received in respect of a matter in which we are acting for you;

• Financial Data – including bank account details;

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

• Marketing Data – including your contact details and your preferences with regard to receiving ongoing information about us, our services and any events we organise.

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3. How we Collect your Data

We may collect your personal data in a number of ways, including:

• Direct communication with you – when you email or post your personal information and documents to us, or when you provide the information over the telephone. This may be in the context of making an enquiry, or upon confirmation of instructions for us to act for you as a client;

• Interaction with our website – when you create an account on our website, or visit our website. We may automatically collect data (Technical Data) about your actions when browsing, or about your equipment. Such information would be collected by using cookies, server logs, or other technologies.

• Subscribing – when you subscribe to our updates service.

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4. How we use your Personal Data

We will only us your personal data for a specified purpose and when the law allows us to. We are likely to most often use your personal data in the contexts set out in the introduction above:

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• Where we need to perform a contract that we have entered, or are about to enter into with you where the processing of your personal data is necessary for the performance of our contract with you.

• Where processing your personal data is necessary for our Legitimate Interests (or those of a third party) and your interests and fundamental rights do not override those interests. Legitimate Interests means the interests of our business in managing and conducting our business in order to give you the best service possible and in the most secure way possible. We will not use your personal data in any circumstance where our interests are overridden by the impact on you (unless we have your consent or we are otherwise required or permitted to by law). 

• Where it is necessary for us to process your personal data in order to comply with a legal or regulatory obligation that we must comply with. We generally do not rely on your consent as a legal basis for processing your personal data other than in relation to sending you direct marketing communications. You have the right to withdraw your consent to marketing at any time by contacting us (email: info@bogardlegal.co.uk).

5. Purposes for which we will use your Personal Data

We have set out in table found here a summary of the most common ways in which we would use your personal data, and which legal bases (in compliance with the DPA 2018) we would rely on to do so. Where applicable and appropriate, we have also set out what our legitimate interests are.

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6. Persons or organisations to whom we may give personal data

We may share your personal data with:

• HMRC

• any third parties with whom you require or permit us to correspond, such as a French estate agent or Notaire, a translation company in order to provide translations of documents, including other professionals where it is necessary for us to share your personal data in order to give effect to your instructions and provide you with legal advice

• service providers acting as processors or joint controllers based in England and Wales who provide file storage and data erasure or destruction services, credit references and search agencies, identity verification services, and IT and system administration services

• third parties to whom we may choose to sell, transfer or merge part or all of our business or our assets. If another business were to merge with us, they may use your personal data in the same way as explained in this Policy

• subcontractors (if applicable)

• an alternate appointed by us in the event of incapacity or death

• professional indemnity insurers

• any professional body to which we are accountable (for example our professional body in relation to the requirements of the Money Laundering Regulations 2017).

If the law allows or requires us to do so, we may share your personal data with:

• the police and law enforcement agencies

• courts and tribunals

• the Information Commissioner’s Office (ICO).

We may need to share your personal data with the third parties identified above in order to comply with our legal obligations, including our legal obligations to you.  If you ask us not to share your personal data with such third parties, and the sharing of data is necessary in order for us to successfully carry out our services as agreed with you, we may need to cease to act.

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7. Cookies

We do not use cookies for collecting user information on our website and we will not collect any information about you except that required for system administration of our web server.

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8. Your individual rights

8.1 Right to be informed

You have the right to be informed about the collection and use of your personal data. That information is contained within this Notice.

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8.2 Requesting personal data we hold about you (subject access requests)

You have a right to request access to your personal data that we hold. Such requests are known as Subject Access Requests’ (“SARs”).

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Please provide all SARs in writing marked for the attention of Sarah Bogard of Bogard Legal.

To help us provide the information you want and deal with your request more quickly, you should include enough details to enable us to verify your identity and locate the relevant information. For example, you may need to tell us any or all of the following:

• your date of birth

• previous or other name(s) you have used

• your current address and, if different, the address you had when we carried out work for you

• personal client reference that we may have given you

• what type of information you want to know.

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We may ask you to provide a copy of the photograph page of your passport or a copy of your driving licence to confirm your identity, and a recent utility bill to confirm your address.

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DPA 2018 requires that we comply with a SAR promptly and in any event within one month of receipt. There are, however, some circumstances in which the law allows us to refuse to provide access to personal data in response to a SAR (eg if you have previously made a similar request and there has been little or no change to the data since we complied with the original request).

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We will not charge you for dealing with a SAR. However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

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You can ask someone else to request information on your behalf – for example, a friend, relative or solicitor, but we must have your express authority to respond to a SAR made on your behalf. You can provide such authority by signing a letter which states that you authorise the person concerned to write to us for information about you, and/or receive our reply. 

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8.3 Putting things right (the right to rectification/correction)

You have a right to obtain the rectification of any inaccurate personal data concerning you that we hold. You also have a right to have any incomplete personal data that we hold about you completed. Should you become aware that any personal data that we hold about you is inaccurate and/or incomplete, please inform us immediately so we can correct and/or complete it.

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8.4 Deleting your records (the right to erasure)

In certain circumstances you have a right to have the personal data that we hold about you erased. Further information is available on the ICO website (www.ico.org.uk).  If you would like your personal data to be erased, please inform us immediately and we will consider your request.  You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. In certain circumstances we have the right to refuse to comply with a request for erasure. If applicable, we will supply you with the reasons for refusing your request.

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8.5 Right not to be subjected to automated decision-making processes

Bogard Legal does not make automated decisions. Profiling may be carried out for business administration purposes, such as monitoring trends in user visits of our website, and in order to deliver targeted ads. The Business may use third party due diligence platforms which provide recommendations about data subjects by automated means. We will comply with any data subject’s objection to processing unless we have a compelling overriding legitimate ground for the processing, the processing is for the establishment, exercise or defence of legal claims or we have another lawful reason to refuse such request. We will comply with each valid opt-out request in relation to marketing communications.

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8.6 The right to restrict processing and the right to object

In certain circumstances you have the right to ‘block’ or suppress the processing of personal data or to object to the processing of that information where there is no compelling reason for its continued processing (for example if you consider it impacts on your fundamental rights and freedoms).  Further information is available on the ICO website (www.ico.org.uk).  Please inform us immediately if you want us to cease to process your information or you object to processing so that we can consider what action, if any, is appropriate. 

8.7 Obtaining and reusing personal data (the right to data portability)

In certain circumstances you have the right to be provided with the personal data that we hold about you in a machine-readable format, e.g. so that the data can easily be provided to a new professional adviser. Further information is available on the ICO website (www.ico.org.uk).

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The right to data portability only applies:

• to personal data an individual has provided to a controller;

• where the processing is based on the individual’s consent or for the performance of a contract; and

• when processing is carried out by automated means.

We will respond to any data portability requests made to us without undue delay and within one month.  We may extend the period by a further two months where the request is complex or a number of requests are received but we will inform you within one month of the receipt of the request and explain why the extension is necessary.

8.8 Withdrawal of consent

Where you have consented to our processing of your personal data, you have the right to withdraw that consent at any time. Please inform us immediately if you wish to withdraw your consent.

Please note:

• the withdrawal of consent does not affect the lawfulness of earlier processing

• if you withdraw your consent, we may not be able to continue to provide services to you

• even if you withdraw your consent, it may remain lawful for us to process your data on another legal basis (e.g. because we have a legal obligation to continue to process your data).

9. International Transfers

We will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission, unless we otherwise have your express consent to the transfer of your personal data.

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10. Time limit for response

We try to respond to all legitimate requests within 30 days from the receipt of your request. It may on occasion take us longer, for example if your request is particularly complex or you have made multiple requests. If this is the case, we will keep you updated.

11. Jurisdiction

This Privacy Policy shall be governed by and construed in accordance with the laws of England and Wales. The parties irrevocably agree that the English Courts shall have exclusive jurisdiction to settle any dispute arising out of or in connection with this Privacy Policy.