Privacy Policy

1. Introduction

Franklins Law Leighton Buzzard Limited, trading as FMT Solicitors (“FMT Solicitors”, “we”, “our” or “us”), is committed to protecting the privacy and security of the personal information entrusted to us. As a firm of solicitors regulated by the Solicitors Regulation Authority (“SRA”), we recognise the importance of maintaining the confidentiality of personal information and complying with our legal, regulatory and professional obligations.

This Privacy Notice explains how we collect, use, store, share and protect personal information when you:

  • visit our website;
  • contact us to make an enquiry;
  • instruct us to provide legal services;
  • communicate with us during the course of a legal matter;
  • apply for employment or work experience with us; or
  • otherwise interact with our business.

This Privacy Notice applies to personal information relating to:

  • current and former clients;
  • prospective clients;
  • website users;
  • individuals connected with our clients’ matters, including family members, witnesses, beneficiaries, executors, opponents and other third parties;
  • job applicants;
  • suppliers and professional contacts; and
  • any other individuals whose personal information we process in the course of carrying out our business.

The type of personal information we process will depend upon the nature of your relationship with us and the legal services we provide.

We are committed to processing personal information fairly, lawfully and transparently in accordance with:

  • the UK General Data Protection Regulation (UK GDPR);
  • the Data Protection Act 2018;
  • the Privacy and Electronic Communications Regulations (where applicable); and
  • our professional obligations as solicitors regulated by the Solicitors Regulation Authority.

Where we process personal information, we do so only where there is an appropriate lawful basis under applicable data protection legislation and only to the extent necessary to provide legal services, fulfil our contractual obligations, comply with our legal and regulatory responsibilities, or pursue our legitimate interests.

We regularly review our policies, procedures and technical measures to ensure that personal information remains secure and is processed in accordance with current legislation, regulatory requirements and recognised good practice.

This Privacy Notice should be read alongside any engagement letter, Client Care Letter, Terms of Business or other privacy information that we may provide in relation to a specific legal matter where additional information is required.

2. Who We Are

Franklins Law Leighton Buzzard Limited (Company Number 11581817), trading as FMT Solicitors, is the data controller responsible for the personal information described in this Privacy Notice.

Our registered office is:

Church House
11 Church Square
Leighton Buzzard
Bedfordshire
LU7 1AE

As the data controller, we are responsible for deciding how and why your personal information is processed and for ensuring that it is handled in accordance with applicable data protection legislation.

FMT Solicitors provides legal services in the areas of residential conveyancing, wills and probate, family law, criminal law and care proceedings. In carrying out these services, we process personal information relating to our clients, prospective clients and other individuals connected with the matters we handle.

From time to time, we may also process personal information relating to legacy matters and archived files originating from predecessor practices or former trading names that are now part of Franklins Law Leighton Buzzard Limited. This processing is undertaken where necessary to provide ongoing legal services, comply with legal and regulatory obligations, manage archived files, respond to enquiries or protect legal rights.

If you have any questions about this Privacy Notice or how we process your personal information, please contact:

Jeremy Moore
Managing Director
Email: jm@fmtsolicitors.co.uk

Alternatively, you may write to us at our registered office.

We are committed to dealing with any questions or concerns regarding the processing of your personal information promptly, fairly and transparently.

3. Our Commitment to Protecting Personal Information

Protecting the confidentiality, integrity and security of personal information is fundamental to the way we operate.

As a firm regulated by the Solicitors Regulation Authority (SRA), we are subject to professional duties of confidentiality, legal professional privilege and information security in addition to our obligations under data protection legislation.

We are committed to ensuring that personal information is:

  • processed lawfully, fairly and transparently;
  • collected for specified, explicit and legitimate purposes;
  • adequate, relevant and limited to what is necessary;
  • accurate and, where necessary, kept up to date;
  • retained only for as long as necessary;
  • protected against unauthorised or unlawful processing, accidental loss, destruction or damage; and
  • handled in accordance with our legal, regulatory and professional obligations.

We regularly review our policies, procedures and technical safeguards to ensure they remain appropriate and effective.

4. The Personal Information We Collect

The categories of personal information we collect depend upon the nature of your relationship with us and the legal services we provide.

We may collect and process information including:

Personal Details

  • Name
  • Address
  • Date of birth
  • Telephone numbers
  • Email addresses
  • Nationality
  • National Insurance number (where required)
  • Marital or family status where relevant to your matter

Identification Information

To comply with our legal and regulatory obligations, we may collect information including:

  • Passport details
  • Driving licence details
  • Other government-issued identification
  • Proof of address
  • Photographic identification
  • Electronic identity verification results

Financial Information

Where relevant, we may process:

  • Bank account details
  • Payment information
  • Mortgage information
  • Financial statements
  • Income information
  • Source of funds and source of wealth information
  • Details of assets and liabilities
  • Tax-related information

Matter Information

Depending upon the legal services we provide, we may process information relating to:

  • Property transactions
  • Family circumstances
  • Probate and estate administration
  • Criminal proceedings
  • Care proceedings
  • Court documentation
  • Correspondence
  • Contracts
  • Witness statements
  • Legal advice
  • Documents provided by clients or third parties

Technical Information

When you use our website, we may collect:

  • IP address
  • Browser type
  • Device information
  • Operating system
  • Website usage information
  • Cookie information
  • Analytics information

Recruitment Information

If you apply for employment or work experience with us, we may process:

  • CVs
  • Employment history
  • Qualifications
  • References
  • Interview notes
  • Right to work documentation
  • Recruitment correspondence

5. Special Category and Criminal Offence Data

Because of the nature of the legal services we provide, we may process Special Category Personal Data and Criminal Offence Data where this is necessary and permitted by law.

Depending upon your matter, this may include information relating to:

  • physical or mental health;
  • racial or ethnic origin;
  • religious or philosophical beliefs;
  • sexual orientation where relevant;
  • safeguarding concerns;
  • children or vulnerable individuals;
  • criminal allegations, investigations, prosecutions or convictions; and
  • other sensitive personal information relevant to the legal services we provide.

We will only process this information where an appropriate lawful basis and, where required, an additional condition for processing under the UK GDPR and the Data Protection Act 2018 applies.

Given the nature of family, crime, care and private client work, some matters may involve the processing of sensitive information relating to third parties, children or vulnerable individuals. We process such information only where it is necessary for the provision of legal services, compliance with legal obligations, the establishment, exercise or defence of legal claims, or another lawful basis permitted by law.

6. How We Collect Personal Information

We obtain personal information from a variety of sources depending upon the nature of your matter.

This may include information obtained:

  • directly from you;
  • through our website or online enquiry forms;
  • by telephone, email, post or in person;
  • from members of your family or authorised representatives;
  • from your employer or professional advisers where appropriate;
  • from estate agents, mortgage lenders and financial institutions;
  • from barristers, experts and other legal professionals;
  • from the courts, tribunals and government departments;
  • from local authorities and public bodies;
  • from the Legal Aid Agency;
  • from HM Land Registry and other public registers;
  • through electronic identity verification providers;
  • through anti-money laundering searches;
  • through publicly available sources; and
  • from any other individual or organisation where it is necessary for us to provide legal services or comply with our legal and regulatory obligations.

We ask that any personal information provided to us is accurate and kept up to date throughout the course of your matter. If your personal details change, please let us know as soon as reasonably practicable so that our records remain accurate.

7. How We Use Personal Information

We use personal information only where it is necessary to provide legal services, comply with our legal and regulatory obligations, manage our business effectively or where another lawful basis applies.

Depending on the nature of your relationship with us, we may use your personal information to:

Providing Legal Services

  • provide legal advice and representation;
  • administer and manage your legal matter;
  • prepare legal documents and correspondence;
  • communicate with you and with third parties acting on your behalf;
  • progress transactions, negotiations and court proceedings;
  • instruct barristers, experts and other professional advisers where appropriate; and
  • maintain accurate records of the legal services we provide.

Client Due Diligence and Compliance

We are required by law to undertake client due diligence and comply with the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (as amended), the Proceeds of Crime Act 2002 and other applicable legislation.

Accordingly, we may use your personal information to:

  • verify your identity;
  • assess the level of risk associated with accepting instructions;
  • carry out Client Due Diligence (CDD);
  • undertake Enhanced Due Diligence (EDD) where appropriate;
  • obtain information regarding the source of funds and source of wealth where required;
  • carry out sanctions screening;
  • perform conflict of interest checks;
  • monitor matters on an ongoing basis where required by law or regulation;
  • comply with our legal and regulatory reporting obligations; and
  • prevent money laundering, terrorist financing, fraud and other financial crime.

Failure to provide information requested as part of our due diligence procedures may prevent us from accepting or continuing to act for you.

Administration and Business Operations

We may also use personal information to:

  • manage client relationships;
  • collect fees and administer payments;
  • manage complaints;
  • respond to enquiries;
  • maintain business records;
  • administer our IT systems;
  • improve our services;
  • monitor quality and compliance;
  • undertake audits and accreditation requirements;
  • manage insurance claims;
  • protect our legal rights; and
  • recover unpaid fees where necessary.

Recruitment

Where you apply for employment or work experience, we will use your information to assess your suitability, communicate with you throughout the recruitment process and maintain recruitment records.

Marketing

Where permitted by law, we may use personal information to provide updates about our legal services, news, events and developments which we believe may be of interest.

You may opt out of receiving marketing communications at any time.

8. Lawful Bases for Processing

The UK GDPR requires us to identify the lawful basis upon which we process personal information.

Depending upon the circumstances, we rely upon one or more of the following lawful bases.

Performance of a Contract

Where processing is necessary in order to enter into or perform a contract with you, including providing legal advice and legal services.

Compliance with a Legal Obligation

Where processing is necessary to comply with legal or regulatory obligations, including obligations imposed by:

  • the Solicitors Regulation Authority;
  • anti-money laundering legislation;
  • taxation legislation;
  • accounting requirements;
  • court orders;
  • Legal Aid Agency requirements; and
  • other applicable legal or regulatory obligations.

Legitimate Interests

Where processing is necessary for our legitimate interests, provided those interests are not overridden by your rights and freedoms.

Examples include:

  • operating and improving our business;
  • maintaining records;
  • responding to enquiries;
  • protecting our legal rights;
  • preventing fraud;
  • managing risk;
  • ensuring information security;
  • training and quality assurance;
  • obtaining professional advice; and
  • marketing our services where lawful.

Consent

In limited circumstances we may ask for your consent before processing personal information.

Where we rely on consent, you may withdraw it at any time. Withdrawal of consent will not affect the lawfulness of processing carried out before consent was withdrawn.

Special Category and Criminal Offence Data

Where we process Special Category Personal Data or Criminal Offence Data, we do so only where an appropriate lawful basis and an applicable condition under the Data Protection Act 2018 applies.

This may include processing that is necessary:

  • for the establishment, exercise or defence of legal claims;
  • for reasons of substantial public interest;
  • to comply with legal obligations;
  • with your explicit consent where appropriate; or
  • where otherwise permitted by law.

9. Client Due Diligence, Identity Verification and Anti-Money Laundering

As a regulated law firm, we are legally required to verify the identity of our clients and undertake appropriate due diligence before and, where necessary, during the course of our retainer.

This helps protect our clients, our business and the wider public from fraud, money laundering, terrorist financing and other criminal activity.

Depending on the nature and level of risk associated with your matter, we may:

  • verify your identity using documents you provide;
  • undertake electronic identity verification using specialist third-party providers;
  • carry out sanctions screening;
  • perform politically exposed person (PEP) screening where required;
  • request information regarding the source of funds or source of wealth;
  • request supporting documentation explaining financial transactions;
  • assess the level of money laundering risk associated with a matter;
  • undertake enhanced due diligence where legislation or identified risks require it;
  • carry out ongoing monitoring throughout the lifetime of a matter; and
  • retain records of the checks undertaken in accordance with our legal and regulatory obligations.

We may also be required by law to make disclosures to the appropriate authorities where we suspect money laundering or other criminal activity. In certain circumstances, legislation prohibits us from informing individuals that such a disclosure has been made.

Identity verification and due diligence checks may be undertaken using specialist electronic verification providers together with information obtained from publicly available sources, official records and documentation supplied by you.

These checks are carried out as part of our legal and regulatory obligations and do not normally require your consent.

Where we are unable to complete satisfactory client due diligence, we may be unable to accept instructions or continue acting on your behalf.

10. Who We Share Personal Information With

We treat all personal information as confidential and will only disclose it where necessary to provide legal services, comply with our legal or regulatory obligations, protect our legitimate interests or where otherwise permitted or required by law.

Depending on the nature of your matter, we may share personal information with:

  • courts and tribunals;
  • the Solicitors Regulation Authority (SRA);
  • the Legal Aid Agency;
  • HM Land Registry;
  • HM Revenue & Customs;
  • government departments and public authorities;
  • local authorities;
  • law enforcement agencies;
  • mortgage lenders and financial institutions;
  • estate agents;
  • barristers, advocates and counsel;
  • expert witnesses and professional advisers;
  • insurers and professional indemnity insurers;
  • auditors and accreditation bodies;
  • identity verification and anti-money laundering providers;
  • payment service providers;
  • banking providers;
  • IT support providers;
  • cloud hosting and software providers;
  • secure document management and storage providers;
  • secure communication providers;
  • printing, scanning and document destruction providers; and
  • any other organisation where disclosure is necessary to provide legal services or comply with legal or regulatory obligations.

We require organisations processing personal information on our behalf to maintain appropriate security measures and to process information only in accordance with our instructions and applicable data protection legislation.

We do not sell personal information to third parties.

11. International Transfers

Some of our service providers may process or store personal information outside the United Kingdom.

Where personal information is transferred outside the UK, we will ensure that appropriate safeguards are in place to protect that information in accordance with UK data protection legislation. These safeguards may include adequacy regulations, the UK International Data Transfer Agreement (IDTA), International Data Transfer Addendum or other lawful transfer mechanisms recognised by UK GDPR.

12. Information Security

We take the security of personal information seriously and have implemented appropriate technical and organisational measures designed to protect it from accidental loss, unauthorised access, disclosure, alteration or destruction.

These measures include, where appropriate:

  • secure case management systems;
  • access controls and user permissions;
  • password and authentication controls;
  • encryption of data where appropriate;
  • secure backup procedures;
  • secure disposal of confidential information;
  • regular monitoring and review of our systems;
  • staff training in information security and data protection; and
  • policies and procedures governing the secure handling of information.

Although we take reasonable steps to protect personal information, no method of electronic transmission or storage can be guaranteed to be completely secure

13. How Long We Keep Personal Information

We retain personal information only for as long as necessary to fulfil the purposes for which it was collected and to comply with our legal, regulatory, professional and insurance obligations.

Retention periods vary depending upon the type of legal matter, applicable legislation, regulatory requirements and limitation periods.

Once personal information is no longer required, it will be securely deleted, destroyed or anonymised in accordance with our records management procedures.

14. Website Enquiries and Prospective Clients

If you contact us through our website, by telephone, email or any other method to enquire about our legal services, we will process the information you provide to:

  • respond to your enquiry;
  • assess whether we are able to assist you;
  • determine whether any conflict of interest exists;
  • comply with our regulatory obligations;
  • maintain appropriate business records; and
  • improve our services.

Submitting an enquiry does not automatically create a solicitor-client relationship.

If your enquiry does not proceed to an active instruction, we may retain limited information for an appropriate period where necessary for administrative, regulatory, legal, risk management or business record purposes.

15. Marketing Communications

Where permitted by law, we may occasionally contact you regarding legal updates, changes in the law, services we provide, events, publications or other information which we believe may be of interest.

We may communicate by email, post, telephone or other appropriate methods depending upon your preferences and the lawful basis relied upon.

You may opt out of receiving marketing communications at any time by contacting us or using the unsubscribe facility included in electronic communications where available.

16. Recruitment Information

Where you apply for employment or work experience with FMT Solicitors, we will process your personal information to:

  • assess your suitability for a role;
  • communicate with you during the recruitment process;
  • verify qualifications and employment history where appropriate;
  • carry out right to work checks;
  • obtain references where applicable; and
  • maintain recruitment records.

Recruitment information will only be retained for as long as reasonably necessary and in accordance with applicable legal requirements.

17. Website Cookies and Analytics

Our website uses cookies and similar technologies to improve functionality, enhance user experience and better understand how visitors use our website.

Cookies are small text files placed on your device when you visit a website. Some cookies are essential for the operation of the website, whilst others help us improve website performance and understand visitor behaviour.

We currently use Google Analytics to collect anonymous statistical information regarding website usage. This information helps us understand how visitors interact with our website so that we can improve its performance and usability.

Most web browsers allow you to manage or disable cookies through your browser settings. Please note that disabling certain cookies may affect the functionality of our website.

18. Automated Decision Making

We do not make decisions about individuals based solely on automated processing, including profiling, where those decisions produce legal effects or similarly significant consequences.

19. Your Rights

Subject to applicable law, you may have the right to:

  • request access to your personal information;
  • request correction of inaccurate or incomplete information;
  • request the erasure of personal information in certain circumstances;
  • request restriction of processing;
  • object to certain types of processing;
  • request the transfer of your personal information to another organisation where applicable;
  • withdraw consent where processing is based upon consent; and
  • lodge a complaint with the Information Commissioner’s Office (ICO).

Some of these rights are subject to legal and regulatory exemptions and may not apply in every circumstance.

To exercise any of your rights, please contact us using the details provided in this Privacy Notice.

20. Professional Obligations

As solicitors regulated by the Solicitors Regulation Authority, we owe our clients professional duties of confidentiality in addition to our obligations under data protection legislation.

Many communications between a solicitor and client are also protected by legal professional privilege.

These important legal protections operate alongside the rights and obligations set out in this Privacy Notice.

21. Legacy Matters and Archived Files

Franklins Law Leighton Buzzard Limited now trades as FMT Solicitors.

We may continue to process personal information relating to historic matters, archived files and legacy records originating from predecessor practices or former trading names where necessary to:

  • continue providing legal services;
  • respond to client enquiries;
  • comply with legal and regulatory obligations;
  • meet professional and insurance requirements;
  • manage archived records; or
  • establish, exercise or defend legal claims.

22. Complaints

If you have any concerns about how we have processed your personal information, we encourage you to contact us in the first instance so that we have the opportunity to investigate and resolve the matter.

If you remain dissatisfied, you have the right to lodge a complaint with the Information Commissioner’s Office (ICO).

Information about the ICO can be found at:

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Website: www.ico.org.uk

23. Changes to this Privacy Notice

We may update this Privacy Notice from time to time to reflect changes in legislation, regulatory guidance, our legal obligations or the way we operate.

The most recent version will always be available on our website. We recommend reviewing this Privacy Notice periodically to remain informed about how we protect your personal information.

24. Contact Details

If you have any questions about this Privacy Notice or wish to exercise any of your rights, please contact:

Jeremy Moore
Managing Director

Franklins Law Leighton Buzzard Limited
Trading as FMT Solicitors

Church House
11 Church Square
Leighton Buzzard
Bedfordshire
LU7 1AE

Email: jm@fmtsolicitors.co.uk