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           2017-19
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PRIVACY POLICY



The Law Society of Scotland ("the Society") is committed to preserving the
privacy of all visitors to www.lawscot.org.uk. Please read the following privacy
policy to understand how we use and protect the information that you provide to
us. We are committed to using this data in accordance with relevant data
protection laws such as the Data Protection Act 2018 and the General Data
Protection Regulation (GDPR).

By using this site (the "website") or contacting us by email or through this
website, you consent to the collection, use and transfer of your personal
information under the terms of this policy. If you do not accept the terms of
this policy you must leave this website immediately and you may not use any of
the services we provide.

Minimum browser requirements

Please note that there are minimum browser requirements for optimum use of our
website. These minimum browser requirements will change from time to time. If
you are experiencing difficulty using the website, or otherwise would like to
know more about what these requirements are, please contact us.

 

Information that we collect from you

When you visit the website or register or log in as a user of the website you
may be asked to provide certain information about yourself including your name
and contact details. If you are a member of the Society, we may ask for
additional information including your date of birth and practising certificate
number. If you order goods or services through the website we may keep a record
of the transactions you carry out and the fulfilment of your orders. We may also
collect information about:

(a) your IP address, a unique identifier for your computer or other access
device;

(b) your usage of our website which may include, without limitation the URL you
have last used and the URL you next go to, your browser information and your IP
address;

(c) if you are a member of the Society, the CPD activities you have undertaken
or plan to undertake including information you post to the CPD Plan or CPD
Record in the “My Account” section of the website;

(d) if you are a trainee solicitor, your PEAT 2 training including information
you post to the PEAT 2 Record, PEAT 2 Quarterly Performance Review or Trainee
CPD Record in the login section of the website;

(e) if you are a member of the Society, details of the categories of work you do
and your areas of interest; and

(f) information gathered during telephone conversations with you.

Sensitive information that we collect from you in relation to events

We may ask you to provide us information about dietary requirements or access
requirements if you are attending an event organised by us or booked through our
website. You agree that we may use this information for the purpose of
administering and running the relevant event.

Use of your information

Your information will enable us to provide you with access to parts of our
website suitable for your requirements and the permissions (if any) which you
have to access the special areas of the website (referred to in our website
Terms and Conditions). It will also enable us to contact you concerning your
queries regarding our services and functions.

We will also use, store and analyse the information we collect so that we can
administer, support, improve and develop our operations. This includes (but is
not limited to):

 * quality control and training purposes;
 * fulfilling the Society's regulatory role and its other statutory functions
   under the Solicitors (Scotland) Act 1980 and other legislation;
 * discharging the Society's professional obligations such as ensuring Scottish
   solicitors have appropriate professional indemnity insurance, formulating and
   implementing professional practice rules; and developing and offering CPD
   courses;
 * providing a wide range of members' services;
 * providing a wide range of public services;
 * carrying out the Society's Public Affairs programme, representing the
   interests of the solicitors' profession in respect of the public and
   representing the interests of the public in respect of the solicitors'
   profession; and
 * accrediting Scottish solicitors with specialist expertise in particular areas
   of law; and
 * engaging in consultation with the Scottish government, Scottish parliament
   and other governmental and legislative bodies over legislative and regulatory
   change.

Members cannot opt out of regulatory emails, such as practising certificate
renewal information, general meeting notices and rule changes. All other
communication relating to the above areas will be sent to members unless they
specifically choose, or have previously chosen, not to receive it.

In particular, we may use your information to contact you for your views on our
services and functions, and to notify you occasionally about important changes
or developments to the website or our services or functions. More detail about
the functions of the Society and the purposes for which your personal
information may be processed may be seen elsewhere on the website, and are
available on request from the Society at the address below.

We may also use your information to let you know about other services and
products which we offer which may be of interest to you. If these are of a
commercial nature we will ask you for specific permission to use your personal
information at the time we ask you to provide it.

We offer a press release update service (please go to the media centre on this
website) and if you register with this service we will use your information to
send you copies of press releases issued by us.

We may use the information posted by members of the Society or trainee
solicitors regarding their CPD and PEAT 2 training to ensure that Scottish
solicitors and trainee solicitors have undertaken the required CPD and
professional training and to issue reminders to members and trainee solicitors
about the required CPD and professional training.  We may also use the
information to monitor and analyse trends in the solicitors’ profession
including (but not limited to) the types of training being undertaken and the
demand for different types of training. 

Lawful basis for the processing

We believe there is a legitimate interest, legal interest or public interest in
communicating with our members. Therefore we may process your personal data for
more than one lawful ground depending on the specific purpose for which we are
using your data. Please contact us if you need details about the specific legal
ground we are relying on to process your personal data.

We generally process your data under the following lawful bases:

 * Performance of a contract with you (in compliance with the website terms and
   conditions and our unacceptable behaviour policy);
 * Necessary for our legitimate interests; and/or
 * Necessary to comply with a legal obligation.

When we are managing our relationship with you which will include: (a) notifying
you about changes to our terms or privacy policy; (b) asking you to leave a
review or take a survey, we are processing your personal data as it is necessary
for our legitimate interests (to keep our records updated and to study how users
use our products/services).

When we are administering and protecting our business and this website
(including troubleshooting, data analysis, testing, system maintenance, support,
reporting and hosting of data), we are processing your personal data as it is
necessary for our legitimate interests (for running our business, provision of
administration and IT services, network security, to prevent fraud and in the
context of a business re-organisation or group restructuring exercise) or
necessary to comply with a legal obligation.

Marketing

We strive to provide you with choices regarding certain personal data uses,
particularly around marketing and advertising. We will get your express opt-in
consent before we share your personal data with any company outside the Society
group of companies for marketing purposes.

You can ask us or third parties to stop sending you marketing messages at any
time. Communications preferences can be easily changed in the member login
section of our website. Alternatively, anyone can request a change to their
communications preferences in writing by email or otherwise, provided we can be
assured that we are dealing with the appropriate individual and can capture a
record of the change.

Ways in which we may contact you

The Society may contact you by post, telephone (including by text), fax or email
in connection with the purposes outlined above. If you change your mind about
being contacted in the future, or the methods by which we may contact you,
please let us know by contacting us at our contact details set out below or by
updating your preferences in the login area of the website. 

Cookies

Cookies are small amounts of information, usually in the form of a text file,
which we may store on your computer or other access device. We may access this
file which acts as an easy way to identify you when you use the website. Our
system may issue cookies to your computer or other access device when you log on
to the website. Cookies make it easier for you to log on to and use the website
during your current visit and future visits. They also allow us to monitor
website traffic and to personalize the content of the website for you. Some
features are only available through the use of a cookie. Allowing use of cookies
may allow you to enter your password less frequently when you are using the
website. You may set up your computer or other access device to reject cookies
(or certain types of cookies) by following the instructions provided with your
browser/device.

It is your right to choose if you give your consent to the use of cookies or
not, but you should be aware that in some cases you may not be able to use or
see all the features of our website, if you do not allow the use of cookies.

Disclosure of your information

The information you provide to us will be held on our computers in the UK and
may be accessed by or given to our staff, our contractors, reporters and agents
who act for us, for the purposes set out in this policy or for other purposes
approved by you or as otherwise permitted by law. This may mean that your
information is sent to computers outwith the UK.

By submitting your information to us, you agree that it may be transferred
outside the European Economic Area. Countries outside the European Economic Area
do not always have strong data protection laws. However, wherever practicable we
will take steps to ensure that your information is used by third parties in
accordance with this policy.

We may also pass aggregate information on the usage of our website and trends in
the solicitors’ profession to third parties but this will not include
information that can be used to identify you.

We shall never sell or rent your personal information gathered through the
website to third parties for their marketing purposes.

We also reserve the right to disclose any of the information you provide to us
where required to do so by law, or to comply with a regulatory obligation, or to
assist in any investigation into alleged illegal or criminal conduct.

Security and data retention

We employ industry standard security measures to protect your information from
access by unauthorised persons and against unlawful processing, accidental loss,
destruction and damage. We will retain your information for a reasonable period
or as long as the law requires. You should be aware however that it is
technically impossible to provide a totally secure system on the web and you are
responsible for ensuring your own computer system is adequately protected from
access by unauthorised persons.

Please see our retention schedule for full details of the retention and
destruction periods we adopt.

 

Your password security

In accordance with the Terms and Conditions of use of the website, you are
responsible for ensuring that any password and user ID, and any other security
mechanism issued to you, remain confidential. If third parties have access to
your password, user ID or any other security mechanism they can control your
personal information and ID. We are not responsible for the consequences of
their use of your personal information and ID in these circumstances. If your
password or user ID or any other security mechanism is compromised you should
contact us immediately, and until you do so we will be entitled to rely on any
communications sent to us using your password and user ID and any other security
mechanism as if they originated from you.

Third party information collectors and websites

If you disclose your personal information to third parties including, but not
limited to, third party websites with links on our website, our privacy policy
shall not be enforceable against them. We take no responsibility and shall not
be liable for third party use of your personal information in such
circumstances.

You should be aware that if you click on any link on the website, to another
website provided by a third party, it is possible you may encounter cookies or
other similar devices placed by those third parties. We do not control the use
of cookies or other similar devices by third parties and are not responsible or
liable for them.

You should review the privacy policy of that third party website to check how
they may use or disclose your information.

Statutory or contractual requirement

In some instances the Society may require solicitors to provide personal data as
part of our statutory duties and obligations  to work in the public interest, a
duty which we are strongly committed to achieving through our work to promote a
strong, varied and effective legal profession working in the interests of the
public and protecting and promoting the rule of law.

Failure to provide such information may restrict your ability to practice as a
solicitor.

Accessing and updating

You are entitled to request access to the information held about you and to ask
us to make any necessary changes to ensure that it is accurate and kept up to
date. If you wish to do this, please contact us at the address below.We will
usually be the data controller in respect of personal information you provide to
us.

Changes to our privacy policy

We may change our privacy policy at any time without having to give you prior
notification. Any changes to our privacy policy in the future will be posted to
the website and/or, where we think it is appropriate, through e-mail
notification.

Your legal rights

Under certain circumstances, you have rights under data protection laws in
relation to your personal data. These rights include, the right to:

 * request access to your personal data;
 * request correction of your personal data;
 * request erasure of your personal data;
 * object to processing of your personal data;
 * request restriction of processing your personal data;
 * request transfer of your personal data; and
 * withdraw consent previously given by you.

For more information on your rights please visit the Information Commissioner
Officer’s website (www.ico.org.uk)

If you wish to exercise any of the rights set out above, please contact the
Society’s data protection office on dataprotection@lawscot.org.uk or by phone on
0131 226 7411.

Right to lodge a complaint with the ICO

You have the right to make a complaint at any time to the Information
Commissioner’s Office (ICO), the UK supervisory authority for data protection
issues.

The Information Commissioner’s Office – Scotland
Queen Elizabeth House
Sibbald Walk
Edinburgh
EH8 8FT

scotland@ico.org.uk; www.ico.org.uk.

 

We would, however, appreciate the chance to deal with your concerns before you
approach the ICO so please contact us in the first instance.

Contact

All comments, queries and requests relating to our use of your information are
welcomed and should be addressed to:

The Data Protection Officer
Law Society of Scotland
Atria One,
144 Morrison Street,
Edinburgh
EH3 8EX
Scotland

E-mail: informationofficer@lawscot.org.uk

Telephone: +44 (0)131 226 7411


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Law Society of Scotland
Atria One, 144 Morrison Street
Edinburgh
EH3 8EX

If you’re looking for a solicitor, visit FindaSolicitor.scot

T: +44(0) 131 226 7411
F: +44(0) 131 225 2934
E: lawscot@lawscot.org.uk

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