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98 Ferry Road, Edinburgh | 99 Ferry Road, Edinburgh | 89 Main Street, Davidsons Mains, Edinburgh

Privacy Policy

ELP-AM Solicitors Limited

Privacy Policy and Privacy Notice

As a firm of solicitors and estate agents, and as an employer, we process the data of individuals. In this policy/notice we aim to explain when and why we collect personal information about you. We also aim to explain how we use your personal information/data, the conditions under which we may disclose it to others if this is appropriate, and how we keep your personal information/data secure.

This policy/notice does not apply to any websites that may have a link to ours. If you are dealing with other organisations in relation to the same matter with which you are dealing with us you should contact them directly if you wish information in relation to how they deal with your personal information/data.

We take your privacy very seriously. When we use your personal information/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 information/data for the purposes of the GDPR. Our use of your personal information/data is subject to your instructions, the GDPR, other relevant UK and EU legislation and our professional duty of confidentiality.

Who we are

Data is collected, processed and stored by ELP-AM Solicitors Limited. We are the ‘data controller’ of the personal information you provide to us.

ELP-AM Solicitors Limited is a limited company registered in Scotland under number SC471191, having its registered office at 98 Ferry Road, Edinburgh EH6 4PG. We are also a firm of solicitors registered with The Law Society of Scotland.

Our Data Protection Officer (“DPO”) is Duncan McFadzean who can be contacted by email at drm@elpamsolicitors.co.uk

ELP-AM Solicitors Limited employs third party suppliers to provide services including utilising the services of a credit reference agency (https://www.callcredit.co.uk/legal-information/bureau-privacy-notice)

What Information/Data we may use

The exact information we will request from you or use in relation to you will depend on what your relationship with us is (for example whether you are an employee, a client, a third party service provider or supplier, or another third party such as a beneficiary in an estate), in the case of clients what you have asked us to do, and in the case of third party service providers and suppliers what we are dealing with you on.

There are two types of personal information/data that we may ask you to provide:

In the majority of cases personal data will be restricted to basic information and information needed to complete ID checks, process employment matters, and progress transactions for clients. However some of the work we do may require us to ask for more sensitive information, for example in relation to employment law matters.

Where we will obtain Information/Data from

Why we need your Information/Data

Again this will depend on what your relationship with us is (for example whether you are an employee, a client, or a third party service provider or supplier, or another third party such as a beneficiary in an estate), in the case of clients what you have asked us to do, and in the case of third party service providers and suppliers what we are dealing with you on.

For employees, the main reason to ask you to provide us with personal information/data is to allow us to employ you, to allow us to process your employment salary and any other benefits, to allow us to continue to monitor your work and performance and employment needs, to allow us to arrange any insurance that is to be in place, to allow us to provide appropriate information to our professional indemnity insurers and The Law Society of Scotland, and to carry out any reference or other employment checks that are appropriate. We may also require to retain some your personal information/data for a period after your employment ends for the purposes of our accounts and in order that we can deal with any post-employment issues that may arise.

For third party service providers and suppliers, the main reason to ask you to provide us with personal information/data is to allow us to verify your identity, to have details of who we are contracting with, and to allow us to progress our contractual relationship with you. Again we may also require to retain some your personal information/data for a period after our relationship with you ends for the purposes of our accounts and in order that we can deal with any post-relationship issues that may arise.

For beneficiaries in estates, the main reason to ask you to provide us with personal information/data, or for us to have such information about you, is to allow us to progress the estate of which you are a beneficiary, and where appropriate to make payments or transfers to you from the estate.

For clients and potential clients, the main reason for asking you to provide us with your personal information/data is to allow us to do the legal/estate agency work that you wish us to do for you, and carry out any ancillary requests.

The following are some examples of things we may use your information for where appropriate, although these are not exhaustive:

Who has access to your Information/Data

We have a data protection regime in place in order to achieve the effective and secure processing of your personal data. We will not sell or rent your information to third parties. We will not share your information with third parties for marketing purposes.

Generally, we will only use your information within our firm. However there may be circumstances, in carrying out your estate agency/legal work, where we may need to disclose some information to third parties; for example:

In the event that any of your information is shared with the aforementioned third parties, we seek to ensure that they comply, strictly and confidentially, with our instructions and they do not use your personal information for their own purposes unless you have explicitly consented to them doing so.

There may be some uses of personal data that may require your specific consent. If this is the case we will contact you separately to ask for your consent which you are free to withdraw at any time.

How we protect your Information/Data

We recognise that your information is valuable and we take all reasonable measures to protect it whilst it is in our care.

We have technology security systems in place designed to protect your information/data from loss, misuse, alteration or destruction. Similarly, we adopt a high threshold when it comes to confidentiality obligations and we seek to ensure that both internal and external parties have agreed and do protect confidentiality of all information.

We use computer safeguards such as firewalls, passwords, virus protection software and malware software; and we enforce, where possible, physical access controls to our buildings and files to keep data safe.

How long we will keep your Information/Data for

Your personal information will be retained, usually in computer or manual files, only for as long as necessary to fulfil the purposes for which the information was collected; or as required by law; or as recommended by The Law Society of Scotland; or as estimated by us as a reasonable period to allow for dealing with any post transaction matters or issues arising from the matter in question. For example:

What your rights are

Under GDPR, you are entitled to access your personal information/data. This is also known as a right to access. If you wish to make a request, please do so in writing to our DPO; or contact the person who has been dealing with you.

A request for access to your personal information/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, information regarding your health etc.- but it does not mean you are entitled to the documents that contain this data.

Under certain circumstances you also have the following rights:

How to complain about the use of personal information/data, or object to the use or processing of personal information/data

If you wish to raise a complaint on how we have handled your personal information/data or other matters arising from this privacy policy/notice, or if you wish to object to the use or processing of your personal information/data or exercise a right in relation thereto, you can contact our DPO who will deal with the matter further. Our current DPO is Duncan McFadzean and he can be contacted by email at drm@elpamsolicitors.co.uk

If you are not satisfied with our response or believe we are not processing your personal information/data legally, you can complain to the Information Commissioner’s Office (ICO).

Marketing data

Marketing is an important part of businesses in the modern world. We are extremely conscious that people do not want to be bombarded with direct marketing. We therefore take a limited and appropriate approach to direct marketing. We may therefore in some circumstances contact you for the purpose of direct marketing, but we would hope that this is not intrusive, and if you ever felt that it was we would be grateful for your feedback on this in order that we can better serve or clients and potential clients. We may use your personal information/data that we have collected in accordance with this privacy policy/notice to contact you about our services, special offers etc. which we feel may interest you. The direct marketing communications may be provided to you by social media channels, email or post. We will never send marketing communications via SMS or call you without your specific consent; nor do we ever pass on or sell your details to a third party.

How we collect personal data for Marketing purposes

The following are examples, although not exhaustive, of how we collect your personal information:

If we collect your personal information/data and may wish to use it for marketing purposes, you will be provided the opportunity to ‘opt in’ to receiving marketing communications from us. We do hope you will ‘opt in’ as we hope that you will find our communications limited, informative, and of benefit to you going forwards, but this is entirely your choice and if you choose not to this will have no effect on accessing our legal or estate agency services.

If you do choose to ‘opt in’ to receiving marketing communications, you do of course then have the option of ‘opting out’ at any time, and we will ensure that there is an ‘opt out’ facility available for you to access easily from any marketing communication sent to you.

How we protect your personal information in the context of Marketing

We will only ever use non sensitive basic personal contact information to contact individuals with marketing materials; such as name, address, email. Sensitive information or specific details will never be used to target marketing communications.

We hope that this privacy policy/notice is clear and helpful. If you have any queries in this respect please contact our DPO on drm@elpamsolicitors.co.uk

Additional help in accessing this privacy policy/notice

If you would like this policy in another format (for example audio, large print) please contact our DPO by email at drm@elpamsolicitors.co.uk, or contact our offices.

Contact Us

I own a cleaning business in Edinburgh and use ELP for advice on matters such as staff contracts, client contracts, and any dispute situations. I am very impressed by the advice which I receive. They are always able to help me with large and small pieces of work, and the approach they take is clear and aimed at achieving quick solutions. My first language is Polish, so while I am also fluent in English I appreciate the fact that ELP will always make arrangements to meet with me to talk matters through face to face when required. I would definitely recommend ELP to business owners and individuals who need legal advice.

I was more than happy with the advice and representation which I received from ELP in relation to an employment tribunal dispute with my employers. From start to finish, ELP kept me up to date with any developments regarding my case during what was a stressful 6 months out of work. They also achieved a good result for me in advance of the Tribunal hearing. I would definitely recommend the firm to anyone in similar circumstances.

We used ELP for both buying and selling based on personal recommendation. They are up to date with the current state of the market and gave us good advice on what to offer so we were very happy with what we paid for our new flat. When it came to selling the photographers they used for the Home Report were excellent and very painstaking. The schedule they produced was upbeat and attractive. ELP staff gave us regular feedback on the progress of the sale and were always contactable. They offered a highly professional service while at the same time they were friendly and treated us as individuals. A very personal service.

I have used the services of Duncan McFadzean of ELP Arbuthnott McClanachan Solicitors regarding a dispute with my employers. I found him to be exceedingly professional in all my dealings with him. He worked hard in achieving me a settlement agreement with my employers. This was despite some difficulties with an intransigent employer who was difficult to deal with. He kept me informed about all aspects of my dispute and helped resolve things with the minimum of delay. I would have no hesitation in recommending him or ELP Arbuthnott McClanachan to anyone in need of a good solicitor.

We have been using the services of ELP, especially their employment law advice service for employers, for more than 3 years. The reason we chose ELP is previous firms of lawyers we used were very aloof and did not offer practical guidance. We have a great relationship with them and trust Duncan’s advice implicitly. The reason for this is he knows our business and understands our style of management. This is invaluable when you are dealing with staff issues. The advice given is straight forward and to the point. ELP have also helped us develop our staff handbook and other procedures that are relevant to our company over the years.

I recently used E.L.P. when I sold a bungalow and purchased a flat. I was very impressed with the level of service and would have no hesitation in commending the company to future clients. Communications were efficient at all times and matters responded to very quickly. The financial transactions were all done within an hour of the completion time and my bank account credited.

It was a pleasure to do business with E.L.P.

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