PRIVACY NOTICE

The purpose and scope of this notice

Gerard McDermott KC Ltd (‘GMKC Ltd’) is committed to protecting the personal data that you provide to us and recognises the importance of being clear about how we intend to use it. This notice relates to the processing of personal data by GMKC Ltd.

This notice applies to anyone whose personal data we collect, including clients, suppliers, enquirers, visitors to our website and third parties.

This notice explains when and why GMKC Ltd collects personal information about you, how we then use that information and who that information may be shared with. It also explains how we keep your information secure and for how long it may be retained for.

This notice sets out your rights in relation to any information collected about you, as well as our commitment to ensuring that any personal data, including special category data, that we collect is used and protected in compliance with all relevant data protection law including the UK General Data Protection Regulation (UK GDPR) 2016/679 and the Data Protection Act 2018.

In this notice the terms personal data, data controller, processor, data subject, consent, recipient, third party, processing and profiling have the meanings given to them in the UK General Data Protection Regulation (UK GDPR) 2016/679.

Who we are

GMKC Ltd is a law firm that provides legal advice and representation to its clients. It is a limited company registered in England, registered number 09570484.

Our registered office is Incom House, Waterside, Trafford Park, Manchester M17 1WD. Our trading and postal address is 7 Stamford Street, Stalybridge, Cheshire SK15 1JP.

We are authorised and regulated by the Bar Standards Board under the unique entity reference number ER127139.

We are registered with the Information Commissioner’s Office (‘ICO’) and our registration number is ZA129171.

GMKC Ltd is a data controller for the purposes of the Data Protection Act 2018, the UK General Data Protection Regulation (UK GDPR) 2016/679 and the EU General Data Protection Regulation.

Visitors to our website

Our website uses cookies. We will seek your consent before storing any cookies on your computer. You can refuse to accept cookies, however, doing this may affect the functionality you can access on some websites. Having consented to the use of all cookies you may visit “cookie settings” at any time to provide a controlled consent.

Cookies are small, harmless text files placed on a computer hard drive. The information we collect, process and store, via cookies, during the normal use of the site is used to monitor and analyse how parts of the site are used. Such use does not result in any personally identifiable data being collected, processed, or stored.

The rest of this notice is in relation to data received other than via cookies and our website.

The type of information we may collect from you

We process the personal data of individuals pursuing or defending legal claims or who are seeking legal advice or services. We also process personal data of associated third parties such as expert or lay witnesses to a claim.

The exact type of information we may collect from you will depend on the services GMKC Ltd has agreed to provide to you.

There are two types of personal data that you may provide us with and we may process:

Personal data
- This relates to any information about an individual from which that individual may be identified, either directly or indirectly. For example, an individual’s name, date of birth, national insurance number, and postal and email addresses.
- It does not include data which has been anonymised.
Sensitive personal data
- This data is in relation to ‘special categories’ of data and requires a higher level of protection. For example, racial or ethnic origin, religion, sexual orientation, political opinions, trade union membership, philosophical views, biometric and genetic data and information about your health such as medical records.

How we collect your personal information

Information about you may be obtained from a number of different sources. These may include the following:

You may provide us with the information about yourself when you speak to us by post, telephone, email, social media or otherwise.
When you or your organisation browse, make an enquiry or otherwise interact with our website or online platform.
Someone else may provide us with information about you if they have the authority to do so.
Medical organisations such as the NHS may provide us with information if you have given them your consent to do so.
Other parties to any prospective or ongoing litigation may provide data about you which is relevant to the issues.

Why we need your information

We ask you to provide us with your personal data so we can carry out the work for which we have been instructed. Ordinarily this will be to represent you in relation a claim, to provide you with legal advice, or otherwise carry out legal services. However, we may also need your personal details in order to respond to an enquiry you make or carry out background checks where required in order to prevent conflicts of interest arising.

Where we need to collect personal data by law or in order to process your instructions or perform a contract we have with you and you fail to provide that data when requested, we may not be able to carry out your instructions or perform the contract we have or may enter into with you.

We rely on the following lawful bases for collecting and using your personal data:

In performance of our contractual obligations to you;
In pursuing a legitimate interest namely, the exercising of a legal right by you when pursuing or defending a claim and/or the legitimate interests of our company in running a bar standards board entity;
To comply with applicable laws, regulations, guidance or professional obligations we may be subject to, including anti-money laundering requirements; or
Where you have provided consent to us to use your information.

We will only use your personal data for the purposes for which is was collected unless we reasonably consider that we need to use it for another reason and that reason is compatible with its original purpose.

We may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data.

Who has access to your personal information

Depending on the services you have requested we may need to disclose your information to third parties.

This may include, but is not limited to, some or all of the following:

To insurance companies or other legal professionals acting on behalf of other parties in your claim or to the other parties themselves.
To general practitioners and/or hospitals and/or other NHS bodies.
To private healthcare providers you may have attended.
To expert witnesses instructed to provide expert reports in your claim and any companies that arrange for the provision of expert witness services.
To your employer insofar as we need to contact them in relation to your claim.
To HMCTS.
To HMRC.
To Background and credit check providers and credit check agencies.
To DWP.
To other Barristers instructed to provide advice or representation for you.
To insurance companies who may provide legal expenses insurance to you.
To the Bar Standards Board.
To third parties who may provide administrative, storage, telecommunications, IT and other services in support of GMKC Ltd.
Other third-party external advisors or experts engaged in the course of the services provided by GMKC Ltd.

In relation to any third-party companies that provide GMKC Ltd with administrative support we will always obtain a GDPR compliant agreement from them to ensure they understand their obligations to keep any information sent to them secure and confidential.

Retention

Your personal information will only be retained for as long as it is necessary to fulfil the purpose it was collected for; or as required by law; or for as long as set out in any contract we enter into; or for as long as required for legitimate interests.

In particular, we generally retain new enquiries (claims where no contract has been entered into) on our system for three years from the date of the last activity on the file when it will be securely and permanently destroyed.

We retain our cases for different periods dependent on the nature of the claim. Notwithstanding that, time periods may vary depending on legal and regulatory requirement, this is generally 7 years from the date of settlement, closure, or last activity on the file.

If the information is in relation to a minor the information will be retained until 7 years from the date of their 18th birthday or 7 years from the date of settlement, closure, or last activity on the file, whichever is later.

We retain data for these periods of time as it may be required in the event of any complaint or claim made against GMKC Ltd arising from the work provided by GMKC Ltd, as well as for financial records.

We store the information provided to us using appropriate systems. We implement appropriate technical and organisational measures designed to protect confidentiality, integrity and availability of your information and the resilience of our systems and services.

We risk assess our policies and procedures regularly in accordance with GDPR guidance and legislation. We implement technical and organisational measures to ensure that we secure personal data in a manner that takes account of the potential risks involved for your rights and interests.

International transfers

GMKC Ltd does not routinely transfer personal information outside of the European Economic Area. However, should the need to do this arise this will be because it is necessary for the establishment, exercise or defence of a legal claim.

We will ensure that where such transfers are carried our they are done using secure methods that offer sufficient assurances and guarantees that your data is afforded the necessary safeguards to prevent it from accidental or unlawful loss, disclosure, access, alteration, or destruction.

Your rights

You are entitled, under UK GDPR, to access your personal data (otherwise known as a ‘right to access’). If you wish to make a request please do so in writing to legala@mcdermottkc.com.

A request for access to your personal data means you are entitled to a copy of the data we hold on you – such as your name, address, contact details, date of birth and information in relation to your health amongst others – but it does not mean you are entitled to access to the documents that contain such data.

We may charge you a reasonable fee based on administrative costs if you request a copy of data GMKC Ltd has previously provided to you or if your request is manifestly unfounded or excessive.

In certain circumstances you also have the following rights:

The right to be informed as to how we use your personal data, how it is processed, any retention periods and how we use your personal data. GMKC Ltd fulfils its obligations in respect of this right by way of this notice.
The right to rectification. You are entitled to have your personal data rectified if it is inaccurate or incomplete.
The right to erasure and ‘the right to be forgotten’. You have the right to request the deletion or removal of your personal data where there is not compelling reason for its continued processing.

This right only applied in the following specific circumstances:

Where the personal data is no longer necessary in regard to the purpose for which it was originally collected.
Where consent is relied upon as the lawful basis for holding your data and you withdraw your consent.
Where you object to the processing and there is no overriding legitimate interest for continuing the processing.
The personal data was unlawfully processed.
Where you object to the processing for direct marketing purposes

4. You have the right to object to processing based on legitimate interests and direct marketing.

This right does not apply in the following circumstances:

Where we can demonstrate compelling legitimate grounds for the processing which overrides your interests, rights and freedoms; or
The processing is for the establishment, exercise or defence of legal claims.

5. The right to restrict processing. You may request the restriction or suppression of your data.

Where data is restricted, we may store the data but not use it.

This applies in the following circumstances:

Where you contest the accuracy of the personal data we will restrict the processing of your data until we have verified its accuracy.
Where you object to the processing (where it was necessary for the performance of a public interest or purpose of legitimate interests) and we are considering whether GMKC Ltd’s legitimate grounds override your right.
Where processing in unlawful and you request restriction.
If we no longer need the personal data but your require the data to establish, exercise or defend a legal claim.

For more information about these rights, visit https://ico.org.uk/for-the-public/.

Complaints

If you wish to raise a complaint on how we handled your personal data or wish to exercise any of your rights under UK GDPR, you may contact us in writing and we will investigate your complaint further.

For data protection queries and requests, please contact legala@mcdermottkc.com.

We may require you to provide further information so that you can be identified and we will require you to provide us with a contact address so that we may request further information from you to verify your identity.

We will require you to provide proof of your identity and your address and to state which right or rights you wish to exercise.

If you are not satisfied with our response or believe we are not processing your personal data in accordance with the law, you can complain to the ICO at https://ico.org.uk/concerns or by telephone on 0303 123 1113.

Changes to this notice

This privacy notice was published on 17 of March 2023

We reserve the right to update and change this Notice in order to reflect any changes to the way in which we process your personal data or any change in legislative requirements in how we do so.

We do not intend to process your personal information except for the reasons stated within this privacy notice. If this changes, this privacy notice will be amended and placed on our website.

Gerard McDermott KC Ltd

7 Stamford St

Stalybridge

SK15 1JP

PRIVACY NOTICE

The purpose and scope of this notice

​

Gerard McDermott KC Ltd (‘GMKC Ltd’) is committed to protecting the personal data that you provide to us and recognises the importance of being clear about how we intend to use it. This notice relates to the processing of personal data by GMKC Ltd.

​

This notice applies to anyone whose personal data we collect, including clients, suppliers, enquirers, visitors to our website and third parties.

​

This notice explains when and why GMKC Ltd collects personal information about you, how we then use that information and who that information may be shared with. It also explains how we keep your information secure and for how long it may be retained for.

​

​

In this notice the terms personal data, data controller, processor, data subject, consent, recipient, third party, processing and profiling have the meanings given to them in the UK General Data Protection Regulation (UK GDPR) 2016/679.

Who we are

​

GMKC Ltd is a law firm that provides legal advice and representation to its clients. It is a limited company registered in England, registered number 09570484.

​

Our registered office is Incom House, Waterside, Trafford Park, Manchester M17 1WD. Our trading and postal address is 7 Stamford Street, Stalybridge, Cheshire SK15 1JP.

​

We are authorised and regulated by the Bar Standards Board under the unique entity reference number ER127139.

​

We are registered with the Information Commissioner’s Office (‘ICO’) and our registration number is ZA129171.

​

GMKC Ltd is a data controller for the purposes of the Data Protection Act 2018, the UK General Data Protection Regulation (UK GDPR) 2016/679 and the EU General Data Protection Regulation.

​

Visitors to our website

​

​

​

The rest of this notice is in relation to data received other than via cookies and our website.

The type of information we may collect from you

​

We process the personal data of individuals pursuing or defending legal claims or who are seeking legal advice or services. We also process personal data of associated third parties such as expert or lay witnesses to a claim.

​

The exact type of information we may collect from you will depend on the services GMKC Ltd has agreed to provide to you.

​

There are two types of personal data that you may provide us with and we may process:

​

Personal data

This relates to any information about an individual from which that individual may be identified, either directly or indirectly. For example, an individual’s name, date of birth, national insurance number, and postal and email addresses.

It does not include data which has been anonymised.

Sensitive personal data

How we collect your personal information

​

Information about you may be obtained from a number of different sources. These may include the following:

​

You may provide us with the information about yourself when you speak to us by post, telephone, email, social media or otherwise.

When you or your organisation browse, make an enquiry or otherwise interact with our website or online platform.

Someone else may provide us with information about you if they have the authority to do so.

Medical organisations such as the NHS may provide us with information if you have given them your consent to do so.

Other parties to any prospective or ongoing litigation may provide data about you which is relevant to the issues.

Why we need your information

​

​

Where we need to collect personal data by law or in order to process your instructions or perform a contract we have with you and you fail to provide that data when requested, we may not be able to carry out your instructions or perform the contract we have or may enter into with you.

​

We rely on the following lawful bases for collecting and using your personal data:

​

In performance of our contractual obligations to you;

In pursuing a legitimate interest namely, the exercising of a legal right by you when pursuing or defending a claim and/or the legitimate interests of our company in running a bar standards board entity;

To comply with applicable laws, regulations, guidance or professional obligations we may be subject to, including anti-money laundering requirements; or

Where you have provided consent to us to use your information.

​

We will only use your personal data for the purposes for which is was collected unless we reasonably consider that we need to use it for another reason and that reason is compatible with its original purpose.

​

We may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data.

Who has access to your personal information

​

Depending on the services you have requested we may need to disclose your information to third parties.

This may include, but is not limited to, some or all of the following:

​

To insurance companies or other legal professionals acting on behalf of other parties in your claim or to the other parties themselves.

To general practitioners and/or hospitals and/or other NHS bodies.

To private healthcare providers you may have attended.

To expert witnesses instructed to provide expert reports in your claim and any companies that arrange for the provision of expert witness services.

To your employer insofar as we need to contact them in relation to your claim.

To HMCTS.

To HMRC.

To Background and credit check providers and credit check agencies.

To DWP.

To other Barristers instructed to provide advice or representation for you.

To insurance companies who may provide legal expenses insurance to you.