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BTMK Policy Statements

BTMK Policy Statements

You can find all our policy statements by following the links below

Terms and conditions

You should read these terms and conditions carefully before using this website ('the Site'). By accessing or using the Site, you agree to be bound by these terms and conditions and our Website Privacy Policy which is appended to the Office Manual. No proposed changes to these terms and conditions are valid or have any effect. If you do not agree with or accept any of these terms and conditions, you should cease using the Site immediately.

Please note that no sale of products or services takes place on this website. Any agreement to provide legal services will be governed by separate terms and conditions in addition to these Terms and will be provided to you separately.

  1. General
    1. BTMK Solicitors Ltd (BTMK) is a limited company registered in England and Wales under number OC313357 and whose registered office is at 19 Clifftown Road, Southend-on-Sea, Essex SS1 1AB.  BTMK is authorised and regulated by the Solicitors Regulation Authority (SRA)—SRA number - 423137.
    2. We maintain professional indemnity insurance in accordance with our regulatory obligations as imposed by the SRA. Details of our professional indemnity insurance are available for inspection at our offices and/or on request.
  2. Availability and conditions of use
    1. The Site is made available to you by us. While we make every effort to ensure that the Site is available, we do not represent, warrant or guarantee in any way the Site's continued availability at all times or uninterrupted use by you of the Site. We reserve the right to suspend or cease the operation of the Site from time to time at our sole discretion.
    2. As a condition of your use of the Site, you agree:
      1. not to use the Site for any purpose that is unlawful under applicable law, or prohibited by these terms and conditions; and
      2. not to defame, disparage any body or in a manner which is obscene, derogatory or offensive; and
      3. to be responsible for ensuring that your use of the Site is consistent with all applicable laws and regulations.
    3. We reserve the right to prevent or suspend your access to the Site if you do not comply with any part of these terms and conditions or any applicable law.
  3. Ownership, use and intellectual property rights
    1. The Site and all content within the Site is owned and operated by us and/or our licensors. We and our licensors reserve all rights.
    2. The Site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, revise, perform, reproduce, publish, license, deep-link, create derivative works from, transfer, or sell any information or content obtained from the Site unless expressly authorised by us.
    3. Any intellectual property rights (including without limitation all patents, copyright, database rights and trademarks (whether registered or unregistered)) subsisting in any content or material on the Site belong to us and/or our licensors. All rights are reserved for the benefit of ourselves and/or our licensors. Nothing in these terms and conditions grants you any rights in the Site or the content within the Site.
  4. Disclaimers
    1. While we use reasonable efforts to include accurate and up-to-date information on the Site, we do not represent, warrant or promise (whether express or implied) that any information is or remains accurate, complete and up to date, or fit or suitable for any purpose. Any reliance you place on the information on the Site is at your own risk. Nothing in these terms and conditions shall operate to prejudice any mandatory statutory requirement or your statutory rights.
    2. Content on the Site is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites which may be of interest. It does not constitute technical, financial, legal advice or any other type of advice and should not be relied on for any purposes.
  1. Cookies and other information-gathering technologies
    1. Our website uses cookies. Cookies are text files placed on your computer to collect standard Internet log information and visitor behaviour information. These cookies allow us to distinguish you from other users of the website which helps us to provide you with a good experience when you browse our website and also allows us to improve our site.
    2. For more information on which cookies we use and how we use them, see our Cookies policy.
  2. Hyperlinks and third party sites
    1. The Site may contain hyperlinks or references to external third party websites. Any such hyperlinks or reference is provided for your convenience only. We have no control over third party websites and accept no responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not constitute an endorsement of such third party's website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.
  3. Equality and diversity
    1. We are committed to promoting equality and diversity in all our dealings with clients, third parties and employees. Please contact us if you would like a copy of our Equality and diversity policy.
  4. Warranties and limitation of liability
    1. You agree that your use of the Site is on an 'as is' and 'as available' basis. Consequently we make no representations, warranties, conditions or other terms (whether express or implied) in relation to the provision of the Site, including without limitation as to completeness, accuracy and currency or any content and information on the Site, or as to satisfactory quality, or fitness for particular purpose.
    2. To the maximum extent permitted by applicable law, we exclude all liability (whether arising in contract, tort, breach of statutory duty or otherwise) which we may otherwise have to you as a result of:
      1. any error or inaccuracies in any information or material within or relating to the Site;
      2. the unavailability of the Site for whatsoever reason; and
      3. any representation or statement made on the Site.
    3. Under no circumstances shall we be liable to you for any loss or damage suffered (including without limitation direct or indirect losses) arising from your use of, or reliance on, the Site.
    4. We do not exclude or limit our liability for death or personal injury arising from our negligence, for any fraudulent misrepresentation made by us on the Site or for any other statutory rights which are not capable of being excluded.
  5. Indemnity
    1. If you are in breach of any of these terms and conditions, you agree to indemnify and hold us harmless in respect of any costs, expenses, claims, proceedings, actions, losses, damages or liabilities incurred by us in relation to or arising from such a breach.
  6. General
    1. We reserve the right to vary these terms and conditions from time to time without notifying you. By continuing to use and access the Site you agree to be bound by any variation made by us. It is your responsibility to check these terms and conditions from time to time to verify such variations.
    2. These terms and conditions contain the entire understanding and agreement between us and you in relation to your use of the Site and supersedes and replaces any representation, statement or other communication (whether written or otherwise) made by you or us which is not contained herein.
    3. Should any part of these terms and conditions for any reason be declared invalid or unenforceable by a court of a competent jurisdiction, it shall be deemed to be deleted without affecting the remaining provisions.
    4. These terms and conditions are governed and construed in accordance with the laws of England and Wales and you consent to the exclusive jurisdiction of the courts of England. Bookmark
Privacy policy

We take your privacy very seriously. Please read this privacy policy carefully as it contains important information on who we are and how and why we collect, store, use and share your personal data. It also explains your rights in relation to your personal data and how to contact us or supervisory authorities in the event you have a complaint.

When we use your personal data we are regulated under the General Data Protection Regulation (GDPR) which applies across the European Union (including in the United Kingdom) and we are responsible as ‘controller’ of that personal data for the purposes of the GDPR. Our use of your personal data is subject to your instructions, the GDPR, other relevant UK and EU legislation and our professional duty of confidentiality. 

 

Key terms

It would be helpful to start by explaining some key terms used in this policy:

We, us, our

BTMK Solicitors Limited (“BTMK”) whose principal office is at 19 Clifftown Road, Southend-on-Sea, Essex SS1 1AB – including the following which are trading names of BTMK:

  • Marcus Baum
  • FWG
  • BTMK Injury

Our data protection officer

Mr Lee Emptage

BTMK Solicitors Limited, 19 Clifftown Road, Southend-on-Sea, Essex SS1 1AB

Email:  lee.emptage@btmk.co.uk

Tel:  01702 238520

Personal data

Any information relating to an identified or identifiable individual

Special category personal data

Personal data revealing racial or ethnic origin, political opinions, religious beliefs, philosophical beliefs or trade union membership

Genetic and biometric data

Data concerning health, sex life or sexual orientation

 

Personal data we collect about you

The table below sets out the personal data we will or may collect in the course of advising and/or acting for you.

Personal data we will collect 

Personal data we may collect depending on why you have instructed us

Your name, address and telephone number

 

Information to enable us to check and verify your identity, eg your date of birth or passport details

Electronic contact details, eg your email address and mobile phone number

Information relating to the matter in which you are seeking our advice or representation

Information to enable us to undertake a credit or other financial checks on you

Your financial details so far as relevant to your instructions, eg the source of your funds if you are instructing on a purchase transaction 

 

Your National Insurance and tax details

Your bank and/or building society details

Details of your professional online presence, eg LinkedIn profile

Details of your spouse/partner and dependants or other family members, eg if you instruct us on a family matter or a will

Your employment status and details including salary and benefits, eg if you instruct us on matter related to your employment or in which your employment status or income is relevant

Your nationality and immigration status and information from related documents, such as your passport or other identification, and immigration information, eg if you instruct us on an immigration matter

Details of your pension arrangements, eg if you instruct us on a pension matter or in relation to financial arrangements following breakdown of a relationship

Your employment records including, where relevant, records relating to sickness and attendance, performance, disciplinary, conduct and grievances (including relevant special category personal data), eg if you instruct us on matter related to your employment or in which your employment records are relevant

Your racial or ethnic origin, gender and sexual orientation, religious or similar beliefs, eg if you instruct us on discrimination claim

Your trade union membership, eg if you instruct us on discrimination claim or your matter is funded by a trade union

Personal identifying information, such as your hair or eye colour or your parents’ names, eg if you instruct us to incorporate a company for you

Your medical records, eg if we are acting for you in a personal injury claim

This personal data is required to enable us to provide our service to you. If you do not provide personal data we ask for, it may delay or prevent us from providing services to you.

 

How your personal data is collected

We collect most of this information from you direct.  However, we may also collect information: 

  • from publicly accessible sources, eg Companies House or HM Land Registry;
  • directly from a third party, eg:
    • sanctions screening providers;
    • credit reference agencies;
    • client due diligence providers; 
  • from a third party with your consent, eg:
    • your bank or building society, another financial institution or advisor;
    • consultants and other professionals we may engage in relation to your matter;
    • your employer and/or trade union, professional body or pension administrators;
    • your doctors, medical and occupational health professionals;
  • via our website—we use cookies on our website (for more information on cookies, please see our cookies policy)
  • via our information technology (IT) systems, eg:
    • case management, document management and time recording systems;
    • door entry systems and reception logs;
    • automated monitoring of our websites and other technical systems, such as our computer networks and connections, CCTV and access control systems, communications systems, email and instant messaging systems;

 

How and why we use your personal data

Under data protection law, we can only use your personal data if we have a proper reason for doing so, eg:

  • to comply with our legal and regulatory obligations;
  • for the performance of our contract with you or to take steps at your request before entering into a contract;
  • for our legitimate interests or those of a third party; or
  • where you have given consent.

A legitimate interest is when we have a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests.

The table below explains what we use (process) your personal data for and our reasons for doing so:

 

What we use your personal data for

Our reasons

To provide legal services to you

For the performance of our contract with you or to take steps at your request before entering into a contract

Conducting checks to identify our clients and verify their identity

Screening for financial and other sanctions or embargoes

Other processing necessary to comply with professional, legal and regulatory obligations that apply to our business, eg under health and safety regulation or rules issued by our professional regulator

To comply with our legal and regulatory obligations

Gathering and providing information required by or relating to audits, enquiries or investigations by regulatory bodies

To comply with our legal and regulatory obligations

Ensuring business policies are adhered to, eg policies covering security and internet use

For our legitimate interests or those of a third party, ie to make sure we are following our own internal procedures so we can deliver the best service to you

Operational reasons, such as improving efficiency, training and quality control

For our legitimate interests or those of a third party, ie to be as efficient as we can so we can deliver the best service for you at the best price

Ensuring the confidentiality of commercially sensitive information

For our legitimate interests or those of a third party, ie to protect our intellectual property and other commercially valuable information

To comply with our legal and regulatory obligations

Statistical analysis to help us manage our practice, eg in relation to our financial performance, client base, work type or other efficiency measures

For our legitimate interests or those of a third party, ie to be as efficient as we can so we can deliver the best service for you at the best price

Preventing unauthorised access and modifications to systems

For our legitimate interests or those of a third party, ie to prevent and detect criminal activity that could be damaging for us and for you

To comply with our legal and regulatory obligations

Updating and enhancing client records

For the performance of our contract with you or to take steps at your request before entering into a contract

To comply with our legal and regulatory obligations

For our legitimate interests or those of a third party, eg making sure that we can keep in touch with our clients about existing and new services

Statutory returns

To comply with our legal and regulatory obligations

Ensuring safe working practices, staff administration and assessments

To comply with our legal and regulatory obligations

For our legitimate interests or those of a third party, eg to make sure we are following our own internal procedures and working efficiently so we can deliver the best service to you

Marketing our services and those of selected third parties  to:

—existing and former clients; 

—third parties who have previously expressed an interest in our services;

—third parties with whom we have had no previous dealings.

For our legitimate interests or those of a third party, ie to promote our business to existing and former clients

Credit reference checks via external credit reference agencies

For our legitimate interests or a those of a third party, ie for credit control and to ensure our clients are likely to be able to pay for our services

External audits and quality checks, eg for Lexcel, ISO or Investors in People accreditation and the audit of our accounts

For our legitimate interests or a those of a third party, ie to maintain our accreditations so we can demonstrate we operate at the highest standards

To comply with our legal and regulatory obligations

The above table does not apply to special category personal data, which we will only process with your explicit consent.

 

Promotional communications

We may use your personal data to send you updates (by email, text message, telephone or post) about legal developments that might be of interest to you and/or information about our services, including exclusive offers, promotions or new services or products.

We have a legitimate interest in processing your personal data for promotional purposes (see above ‘How and why we use your personal data’). This means we do not usually need your consent to send you promotional communications. However, where consent is needed, we will ask for this consent separately and clearly.

We will always treat your personal data with the utmost respect and never sell OR share it with other organisations outside BTMK for marketing purposes.

You have the right to opt out of receiving promotional communications at any time by:

  • contacting us by email, telephone or post
  • using the ‘unsubscribe’ link in emails or ‘STOP’ number in texts 

We may ask you to confirm or update your marketing preferences if you instruct us to provide further services in the future, or if there are changes in the law, regulation, or the structure of our business.

 

Who we share your personal data with

We routinely share personal data with:

  • professional advisers who we instruct on your behalf or refer you to, eg barristers, medical professionals, accountants, tax advisors or other experts;
  • other third parties where necessary to carry out your instructions, eg your mortgage provider or HM Land Registry in the case of a property transaction or Companies House;
  • credit reference agencies;
  • our insurers and brokers;
  • external auditors, eg in relation to ISO or Lexcel accreditation and the audit of our accounts;
  • our banks;
  • external service suppliers, representatives and agents that we use to make our business more efficient, eg typing services, marketing agencies, document collation or analysis suppliers;

We only allow our service providers to handle your personal data if we are satisfied they take appropriate measures to protect your personal data. We also impose contractual obligations on service providers relating to ensure they can only use your personal data to provide services to us and to you.

We may disclose and exchange information with law enforcement agencies and regulatory bodies to comply with our legal and regulatory obligations. 

We may also need to share some personal data with other parties, such as potential buyers of some or all of our business or during a re-structuring. Usually, information will be anonymised but this may not always be possible. The recipient of the information will be bound by confidentiality obligations. 

 

Where your personal data is held

Information may be held at our offices, third party agencies, service providers, representatives and agents as described above (see ‘Who we share your personal data with’).

Some of these third parties may be based outside the European Economic Area. For more information, including on how we safeguard your personal data when this occurs, see below: ‘Transferring your personal data out of the EEA’.

 

How long your personal data will be kept

We will keep your personal data after we have finished advising or acting for you. We will do so for one of these reasons:

  • to respond to any questions, complaints or claims made by you or on your behalf;
  • to show that we treated you fairly;
  • to keep records required by law.

We will not retain your data for longer than necessary for the purposes set out in this policy. Different retention periods apply for different types of data. Further details on this are available in our Information Retention and Data Protection Policies.

When it is no longer necessary to retain your personal data, we will delete or anonymise it.

 

Transferring your personal data out of the EEA

To deliver services to you, it is sometimes necessary for us to share your personal data outside the European Economic Area (EEA), eg:

  • with your and our service providers located outside the EEA;
  • if you are based outside the EEA;
  • where there is an international dimension to the matter in which we are advising you.

These transfers are subject to special rules under European and UK data protection law.

If you would like further information please contact our Data Protection Officer (see ‘How to contact us’ below). 

 

Your rights

You have the following rights, which you can exercise free of charge:

Access

The right to be provided with a copy of your personal data 

Rectification

The right to require us to correct any mistakes in your personal data

To be forgotten

The right to require us to delete your personal data—in certain situations

Restriction of processing

The right to require us to restrict processing of your personal data—in certain circumstances, eg if you contest the accuracy of the data

Data portability

The right to receive the personal data you provided to us, in a structured, commonly used and machine-readable format and/or transmit that data to a third party—in certain situations

To object

The right to object:

—at any time to your personal data being processed for direct marketing (including profiling);

—in certain other situations to our continued processing of your personal data, eg processing carried out for the purpose of our legitimate interests.

Not to be subject to automated individual decision-making

The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you

For further information on each of those rights, including the circumstances in which they apply, please contact us or see the Guidance from the UK Information Commissioner’s Office (ICO) on individuals’ rights under the General Data Protection Regulation.

 

If you would like to exercise any of those rights, please:

  • complete a data subject request form—available on our website www.btmk.co.uk or
  • email, call or write to our Data Protection Officer—see below: ‘How to contact us’; and
  • let us have enough information to identify you (eg your full name, address and client or matter reference number);
  • let us have proof of your identity and address (a copy of your driving licence or passport and a recent utility or credit card bill); and
  • let us know what right you want to exercise and the information to which your request relates.

 

Keeping your personal data secure

We have appropriate security measures to prevent personal data from being accidentally lost, or used or accessed unlawfully. We limit access to your personal data to those who have a genuine business need to access it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

 

How to complain

We hope that our Data Protection Officer can resolve any query or concern you may raise about our use of your information. 

The General Data Protection Regulation also gives you right to lodge a complaint with a supervisory authority, in particular in the European Union (or European Economic Area) state where you work, normally live or where any alleged infringement of data protection laws occurred. The supervisory authority in the UK is the Information Commissioner who may be contacted at https://ico.org.uk/concerns or telephone: [0303 123 1113].

 

Changes to this privacy policy

This privacy policy was published on 01/05/2018 and last updated on 01/04/2018.

We may change this privacy policy from time to time; when we do we will inform you by email or post.

 

How to contact us

Please contact us and/or our Data Protection Officer by post, email or telephone if you have any questions about this privacy policy or the information we hold about you.

Our contact details are shown below:

Our contact details

Our Data Protection Officer's contact details

19 Clifftown Road

Southend-on-Sea

Essex

SS1 1AB

Mr Lee Emptage

19 Clifftown Road, Southend-on-Sea, Essex SS1 1AB

Email:  lee.emptage@btmk.co.uk

Tel:  01702 238520

 

Do you need extra help?

If you would like this policy in another format (for example audio, large print, braille) please contact us (see ‘How to contact us’ above).

Cookie policy

What are cookies?

Our website uses cookies. A cookie is a small text file which is stored on your computer, tablet or phone when you visit a website. These cookies allow us to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our website. There are two main types of cookie:

  • Session cookies—these are deleted when you finish browsing a website and are not stored on your computer longer than this
  • Persistent cookies—these are stored on your computer after you have finished using a website so that the website provider can remember your preferences the next time you use it

Cookies can be set by the website you have browsed, ie the website displayed in the uniform resource locator (URL) window. These are called first party cookies. Third party cookies are set by a website other than the one you are browsing.

To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org.

Consent

If you continue to use our website we will assume that you are happy to receive all cookies from our website. However, if you would prefer to change your cookie settings, you can do so at any time—see below ‘Controlling our use of cookies’.

Controlling our use of cookies

Most browsers automatically accept cookies unless you change your internet browser settings. If you wish to restrict, block or delete the cookies which are set by any websites, you can generally do this through your browser settings. These settings are usually found in the 'options' or 'preferences' menu of your internet browser.

If you set your internet browser preferences to block all cookies, you may not be able to access all or parts of our site.

If you delete cookies relating to this website we will not remember things about you, including your cookie preferences, and you will be treated as a first-time visitor the next time you visit the site.

To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org.

Queries

If you have any questions or comments regarding this Cookies policy, please email judith.kundi@btmk.co.uk

Disclaimer

Terms and Conditions

The advice and comments in this website are given in accordance to the laws of England and Wales and are for general information purposes only. Although we endeavour to ensure that the content is accurate and up to date you should seek appropriate specific legal advice before taking or refraining from any action.

Except as required by law, BTMK shall not be liable for any loss or damages whatsoever, whether in contract, tort (including negligence) or otherwise arising from reliance of information contained in this website or other websites which may be linked from time to time, or from any interruption or delay in access to the website for whatever reason.

Copyright

This website and the copyright materials on this website are owned by BTMK and all images, names and logos are the property of BTMK. You may print or otherwise temporarily store extracts from this website provided that no alteration to any of the content is made and that use is for your own personal reference only. The reproduction, permanent storage or retransmission of the materials on this site is prohibited without the written consent of BTMK. The content in whole or in part may not be distributed or copied for any commercial purposes.

Third Party Websites

Links to this website are prohibited without the prior written consent of BTMK.

Applicable Law

The host server for this website is in England and this website shall be governed by English law and the English courts have jurisdiction over any disputes arising from this website.

Privacy Statement

BTMK is committed to protecting the privacy of all personal information obtained from you during visits to this site. Information will be used to keep you up to date with legal issues and services. Information will not be shared or sold to any other organisation. By using this website you indicate your acceptance of this policy.

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