Privacy Notice

About BW Legal

BW Legal is a law firm regulated by the Solicitors Regulation Authority (SRA) and also the Financial Conduct Authority (FCA). BW Legal takes data protection seriously and is committed to the highest standards of data protection. This Privacy Notice provides important information about how we process personal data. It is kept under review and updated from time to time. BW Legal processes personal data in accordance with data protection principles:

Lawfulness, fairness and transparency;
Data minimisation;
Accuracy;
Storage limitation;
Integrity and confidentiality; and
Accountability

Please contact us using the details below should you have any questions about the Privacy Notice.

BW Legal is a law firm appointed by its clients to collect debt on their behalf. BW Legal acts as a data processor in respect of data provided to us by clients under their instructions to us and a data controller in circumstances where data might be used for our own business purposes. BW Legal may be contacted by:

Post: BW Legal, Enterprise House, Apex View, Leeds, England, LS11 9BH
Phone: 0113 487 0430
Email: enquiries@bwlegal.co.uk

The Data Protection Office may be contacted by emailing SAR@bwlegal.co.uk or by writing to the Data Protection Officer at the address above.
You can find out more about BW Legal on its website http://www.bwlegal.co.uk/

Purpose of Processing

BW Legal processes personal data for legitimate purposes including:

Debt collection

This includes, for example, contact by letter, telephone, mobile phone, SMS and email and managing payments

Exercising or having the right to exercise the lender’s rights and duties in relation to high-cost short-term credit

This may include taking legal action and enforcement activity

Exercising/having right to exercise lender’s rights and duties under a regulated credit agreement (excluding high-cost short-term credit, bill of sale agreement, and home collected credit agreement)

This may include taking legal action and enforcement activity

Debt Administration

This may include updating credit files, calculating interest and charges and managing payments

BW Legal may also process personal data for the following legitimate purposes:

To comply with legal and regulatory obligations;
To run the business in an efficient and effective manner;
To manage conduct risk and ensure customers are treated fairly in accordance with the FCA Consumer Outcomes;
To comply with data protection fundamental rights and freedoms including the right of access;
To comply with the requirements of the Consumer Credit Act 1974;
To Detect, investigate, report and otherwise seek to prevent fraud, money laundering, financing terrorism and other financial crime;
To investigate, resolve and respond to complaints;
For outsourcing to third party service providers such as printing, postage, debt collection, and litigation;
For producing and analysing statistical information;
To complete affordability assessments;
Profiling;
To undertake trace activity;
For call monitoring; or
If all or part of the business is transferred to new ownership

Legal Basis for Processing

BW Legal processes data on the following lawful reasons:

Processing is necessary for the performance of a contract including:
- Consumer credit contracts (including, for example, personal loans, credit cards and overdrafts);
- Telecommunications (including, for example, mobile phone);
- Utilities (gas, electric and water); and
- Parking
Processing is necessary for compliance with a legal obligation
- This may include, for example, financial sanctions
Processing is necessary for the purposes of legitimate interests which include:
- Reasonable Expectation e.g. steps are taken to recover outstanding debts
- The existence of a relevant and appropriate relationship e.g. between a creditor and a debtor, or an employer and employee
- Necessary for the prevention of financial crime including fraud and money laundering
- Network and information security e.g. payments are made using an online system (customer portal)
- Business interest e.g. monitoring payment arrangements, recording phone calls, complaints data and other management information
- Ensuring data accuracy e.g. validating current address
- Service improvement e.g. average waiting time for calls to be answered
Freely given Consent
- This may include information about physical and mental health

Categories of Personal Data

BW Legal uses different types of personal data which may be grouped together as:

Identification and Contact Details

This information is used to identify individuals and includes:

• Title;
• Forename;
• Middle names;
• Surname;
• Date of Birth;
• Current Address and post-code;
• Previous Address and Post-code;
• Current, previous and inaccurate Mobile phone numbers;
• Current, previous and inaccurate Landline phone numbers;
• Current, previous and inaccurate work phone numbers;
• Email addresses.

This information is usually provided by clients in the first instance. It is subsequently validated directly by you.

Data may be verified using credit reference agencies.

Data may be obtained from third parties such as debt management companies or insolvency practitioners.

If a person has been given consent to act as an authorised third party (this will usually be a friend or family member), BW Legal will also process this category of data in relation to the authorised person.

Vehicle Details

For parking enforcement BW Legal may be provided with your vehicle details including:

• Make
• Model
• Colour
• Registration
• Images

MPAN/MPRN

A Meter Point Administration number (MPAN) is a unique number for the electricity meter in your property. It’s sometimes called a Supply Number.

A Meter Point Reference Number (MPRN) is a unique number for your gas meter.

BW Legal may be provided with this information by clients in relation recovery of utility bill arrears. Information about any ongoing usage may also be provided to BW Legal.

Financial

This includes information about:

• your outstanding balance;
• income and expenditure;
• Information in relation to transactions including payments made, any charges (such as late payment charges), interest and/or fees (such as court fees).

Some of this information is provided directly by you and some is provided by clients.

Income and expenditure information provided by you allows BW Legal to better understand your financial circumstances and consider the outcomes available ensuring you are treated fairly. You may also provide your bank details when setting a Direct Debit or making a secure card payment. A record of payments is kept and ensures details about an outstanding balance remain accurate and up to date.

Clients may provide information such as the original balance, the current balance, any payments they may have received directly or a statement of account.

Socio-demographic

As a consequence of processing your Identification and contact details as well as your financial data, BW Legal has an understanding of your socio-demographic data. This may include, for examples, your age, your employment status, your income, your marital status and the size of your family.

As set out above, some of this information is obtained from clients, some of it is obtained directly from you and some of it is from third parties such as credit reference agencies or debt management companies. This information helps ensure you are treated fairly. Your income and expenditure information may mean that your account is placed on hold for a period to provide breathing space to seek independent money advice, for example.

Contractual

BW Legal may be provided with access to evidence of any contractual relationship between you and a client.

Clients may provide copies of consumer credit agreements or evidence of a parking contravention or outstanding utility bills, for example.

Documentary Data

This may be information contained in a Debt and Mental Health Evidence Form (DMHEF), a letter from a doctor, a copy of a prescription or any other documents such as a marriage certificate that may be provided to BW Legal.

Documentary data is usually provided directly by you or an authorised third party. It helps BW Legal understand your circumstances and ensure you are treated fairly. In some cases, this may mean your account is closed and returned to clients.

Public

BW Legal may make reference to public records such as the Register of Judgments, Orders and Fines, Companies House, the Individual Insolvency Register and others.

Public records are a useful source of information. It allows BW Legal to validate information such as bankruptcy restrictions.

Special Categories of data

Usually this will be information about your health (mental and/or physical).

Some information is considered special by the law. This includes health information. BW Legal uses health information provided by you or an authorised third party to better understand your circumstances and ensure you are treated fairly.

Consent

This is where you have provided consent. In most cases this will be your explicit consent to process special categories of data. This may also include details of any withdrawal of consent. This may also include your consent to disclose information to a third party such as a family member or a debt management company.

Any other legal basis for processing your data are set out in this Privacy Notice.

Communications

Records are kept of communications between you and BW Legal. This may take the form of a recorded phone call or a letter/email for example.

These records are useful when investigating complaints or working with regulators.

County Court Judgements (CCJ) and enforcement activity

Records are kept of communications between you and BW Legal. This may take the form of a recorded phone call or a letter/email for example.

These records are useful when investigating complaints or working with regulators.

• Reference Numbers;
• Name of the court;
• Who owes the balance;
• How much is owed.

BW Legal also takes enforcement action which may include:

• Charging Orders;
• Attachment of Earnings;
• Administration Order;
• Warrant of Control.

Statutory Notices

Examples of statutory notices include:

• Default Notices; or
• Statutory Demands.

Trace

BW Legal may undertake trace activities through a search using credit reference agencies which may leave a “soft” search result not visible to lenders.

This may include data such as your:

• Name;
• Last known address;
• Current address;
• Date of Birth.

A trace report concludes that an individual is either:

• Living as stated;
• New Address; or
• Negative.

The outcome includes a confidence rating based on the number of independent sources which have confirmed the outcome.

Insolvency Related

BW Legal may receive and process information about the following:

• Individual Voluntary Arrangements (IVA);
• Debt Relief Orders (DRO);
• Bankruptcy;
• Sequestration;
• Debt Arrangement Scheme (DAS); or
• Trust Deed.

The information may be received from you directly or from your representative such as an insolvency practitioner or debt management company.

Customers may register to use the online resource provided by BW Legal for managing their account.

Card Payments

Card payments are processed securely on behalf of BW Legal by SagePay.

Sources of Data

BW Legal obtains personal data from sources including:

Clients

BW Legal initially receives data from its clients. The data may include details such as:

• Name
• Address
• Phone Number
• Email Address
• Outstanding Balance
• Original Balance
• Original creditor/Lender

Authorised Third Parties

A person, often a family member or a friend, you have authorised may provide information to BW Legal on your behalf.

Original Creditors/Lender

BW Legal may, for example, receive copies of a credit agreement or notices such as a default notice from the original creditor/lender. Although this information is provided by the original creditor/lender, in most cases it is received from clients.

Credit Reference Agencies

Personal data may be validated using credit reference agencies. Trace reports may also be received from credit reference agencies.

Publicly available databases

This may include the Electoral Roll, or the Register of Judgements, Orders and Fines, or Companies House for example.

HM Courts & Tribunal Service/Scottish Courts & Tribunals Service

BW Legal may receive information such as any County Court Judgments or decrees obtained against you.

Medical practitioners

BW Legal may receive information about your health and wellbeing. This may be in the form of a Debt and Mental Health Evidence Form (DMHEF) or a letter.

Service providers

This may include legal service providers that may appear in court on behalf of BW Legal and provide a report as to the outcome of court proceedings.

Law enforcement

BW Legal may receive and act on instructions from the Police or other law enforcement.

HM Prison Service

BW Legal may receive information about your imprisonment.

Debt Management Companies

Where you have authorised a debt management company such as PayPlan or others, BW Legal may receive information such as details about your financial circumstances including any other creditors or your income and expenditure.

Insolvency Practitioners/Money Advisors/Accountant in Bankruptcy

BW Legal may receive details when you pursue an insolvency debt solution such as bankruptcy or an individual voluntary arrangement.

Banks/Payment Service Provider

BW Legal may receive details when you pursue an insolvency debt solution such as bankruptcy or an individual voluntary arrangement.

Data subject

BW Legal receives information directly from you

Sharing Data

BW Legal may share your data with the categories of recipient detailed below:

Clients

In most cases BW Legal acts as a data processor on behalf of clients. Data is initially obtained from clients. Any data obtained by BW Legal subsequently may be shared with the client. This may include data such as an up to date address or contact details. It may also include details about your health in order to ensure your circumstances are considered and you are treated fairly.

Authorised third parties

In this case, data is shared based on your consent (which may also be withdrawn as any time). This may be a friend or a relative and the type of data shared may include details of the client, the original lender, the outstanding balance or any payments made, for example.

Credit Reference Agencies

BW Legal may use credit reference agencies to complete a trace or validate and verify data held by BW Legal. BW Legal may also update your credit file on behalf of some clients where instructed to do so.

Debt Management Companies/ Debt Advice/Debt Counselling Agencies

Again, data is shared based on your consent (which may be withdrawn at any time). BW Legal may share information such as copy agreements, copy statements, details of the original lender and any outstanding balance with agencies, such as Step Change Debt Charity, you have authorised.

Insolvency Practitioners/Official Receiver/Accountant in Bankruptcy

BW Legal may share details of the debt in relation to any insolvency proceedings. This may, for example, be necessary in order to allow you to make an Individual Voluntary Arrangement (IVA) proposal, for example.

Service Providers

BW Legal uses third party service providers such as postal service and legal service providers. You data may be shared in order to allow the service to be provided to BW Legal. Appropriate safeguards are in place with any service provider in order to ensure data security.

HM Courts & Tribunal Service/Scottish Courts & Tribunals Service

BW Legal are specialists in legal recoveries and may share your data with the courts in order to raise legal proceedings to recover outstanding sums on behalf of clients.

Court Officers including Bailiffs and Sheriff Officers

BW Legal may seek to enforce any court order obtained and share your data with enforcement officers to do so.

Regulators

BW Legal is regulated by the Financial Conduct Authority (FCA), Solicitors Regulation Authority (SRA), Office of Communications (OFCOM), Information Commissioner’s Office (ICO).

BW Legal has an open and cooperative relationship with its regulators and may share your details where required to do so.

Financial Ombudsman Services (FOS)/Legal Ombudsman

The Financial Ombudsman Services has jurisdiction in relation to some, not all, complaints against BW Legal. Your data may be shared with the FOS where it has the relevant jurisdiction.

Where the Legal Ombudsman has relevant jurisdiction over your complaint, your data may be shared with them.

Law Enforcement Agencies

BW Legal may share your data with the Police (if concerned about your welfare, for example), or with other law enforcement such as the National Crime Agency (NCA).

Trade Associations

BW Legal is a member of a trade associations such as the Credit Services Associations (CSA). BW Legal may share your data with them as evidence of compliance with their Codes of Practice of where they are investigating a complaint against BW Legal for example.

Your employer

This may be where BW Legal is seeking or has obtained an Attachment of Earnings in order to enforce a court order.

Your Bank

Where you have set a direct debit and subsequently make a claim under the direct Debit Guarantee, your details may be shared with the bank in response to your claim.

Financial Auditors

Financial Auditors perform a regulatory and statutory function and may have access to your data when performing their duties.

Others, where you have provided permission to do so

Where you have provided consent, BW Legal may share your data with others. In such cases, you will be asked for your permission and you may withhold or withdraw your permission.

Data Transfer

Personal Data is not transferred outside of the European Union (EU) without appropriate safeguards. If, however, data is to be transferred outside of the EU, BW Legal ensures that the recipient is either approved under an Adequacy Decision or the recipient agrees to provide the same or similar protection as BW Legal and only processes your personal data in accordance with any instructions provided by BW Legal.

Automated Decision Making

BW Legal does not make decisions solely based on automated processing (including profiling) which produce legal effects or have a significant affect.

Data Storage

Customer data is retained for no longer than necessary. As such, data is retained for as long as an account remains open.

Upon account closure, data is retained for six years. This is because BW Legal is regulated by the Solicitors Regulation Authority (SRA) and has a regulatory obligation to retain records for at least this period. In addition to this regulatory obligation, BW Legal considers it necessary to retain records for a period of six years in order to adequately investigate and respond to any matters which may arise regarding credit reporting. The six year period is considered an industry practice and has due regard to the statutory limitation period as well as the time limit for raising a complaint with the Financial Ombudsman Service.

Data is deleted through appropriate technical safeguards when no longer required.

Your Rights

Right to be informed

Information you may be entitled to has been included within this Privacy Notice

Right of access

You may request access to your personal data. You may access information such as:

• Copies of letters and emails between BW Legal and you
• Transcripts of call recordings
• Your name, address and contact details
• County Court Judgements
• Income and Expenditure information you may have provided to BW Legal
• Account Notes

Some information you may not be entitled to includes:

• Some communications between BW Legal and clients which are subject to legal professional privilege

To make a subject access request you may contact BW Legal using your preferred method of communication. An electronic request may be sent by email to SAR@bwlegal.co.uk.

Please be as clear as possible about specifically what information you are looking for. You may wish to include information such as the period covered and the type of information you would like. BW Legal will respond promptly, within one month, of receiving your request.

Right to rectification

Reasonable steps are taken to ensure the accuracy of the data processed by BW Legal. If you believe any of your information is not accurate, complete or up to date, please contact BW Legal.

BW Legal will take steps to rectify your data. In some cases this may mean you need to provide evidence such as a marriage certificate if you have changed your name after getting married.

Right to erasure

This is also known as the right to be forgotten and applies in certain limited circumstances such as when:

• Your data is no longer needed for the purposes it was collected
• There is a legal obligation on BW Legal to delete the data
• You object and BW Legal has no overriding legitimate grounds to continue processing your data

The right to be forgotten does not apply where BW Legal processes your personal data because:

• There is a legal obligation to do so
• It is needed to establish, exercise, or defend a legal claim

In most cases, this right of erasure will not apply because BW Legal has an overriding legitimate interest of collecting sums due to its clients which is not possible without processing your data.

Right to restrict processing

This is an alternative to requesting the erasure of your data. Although distinct from the right to rectification and the right to object, there are close links between those rights and the right to restrict processing. This right also applies in certain limited circumstances.

You may ask for processing to be restricted where

• Your data is no longer needed for the purposes it was collected
• You do not think the data is accurate

We may continue to process your data:

• If you have given consent
• To establish, exercise, or defend a legal claim

In most cases the restriction is only temporary while your request is investigated. Once a decision has been made on the accuracy of the data, or whether there are legitimate grounds to override the restriction, the restriction may be lifted. You will be notified before the restriction is lifted.

Right to data portability

This right only applies in certain specific circumstances and is not likely to apply to BW Legal where the client (data controller) relies on their legitimate interest to pursue recovery of sums due to them.

Right To object

The right to object only applies in certain circumstances. You must provide the reasons for your objection. BW Legal may continue to process personal data where there are compelling legitimate grounds for the processing, or the processing is to establishment, exercise or defence of legal claims.

This right may not apply where BW Legal is purposing the recovery of sums due to clients through court proceedings.

BW Legal does not engage in direct marketing.

Rights in relation to automated decision making and profiling

BW Legal does not make automated decision which have a legal or similarly significant effect on you.

Further information about your data protection rights is available in the Information Commissioner’s website https://ico.org.uk/

Please use the contact details set out above under “About BW Legal” if you would like to exercise your data protection rights.

Complaints

If you have a complaint regarding data protection matters, you have a right to make a complaint to the Information Commissioner’s Office. However, BW Legal is committed to resolving your complaint fairly and quickly and would like an opportunity to respond to your complaint before you raise it with the Information Commissioner’s Office. Details of the BW Legal Complaints Procedure are available on the website http://www.bwlegal.co.uk/.

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Last reviewed November 2018

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