Privacy & Cookie Policy

We are McCollum Consultants Ltd, a business offering medico-legal consulting services based in Manchester. This Policy is our privacy and cookies policy for our website, www.mccollumconsultants.com (the “Website”). In this Policy, we refer to McCollum Consultants Ltd as “we”, “us” and “our”.

We respect your privacy and are committed to protecting your personal data. This Policy sets out how we look after your personal data when you visit the Website (regardless of where you visit it from) and tells you about your privacy rights and how the law protects you.

This Policy was most recently updated on 01 January 2020.

1. Why do we have this Policy?

1.1 This Policy is intended to tell you how we collect and process your personal data when you use the Website. This includes any data you may provide through the Website when you contact us in any way, such as when you submit an enquiry, or when you sign up to receive a newsletter or other communications from us.

1.2 You should read this Policy with any other privacy notice that we may give to you from time to time when we are collecting or processing personal data about you. Those privacy notices will ensure you are aware of how and why we are using your personal data, such as when you agree to be our client so that we can provide medico-legal services to you. This Policy supplements the other privacy notices; it is not intended to override them.

We are a data controller

1.3 We are the data controller for any personal data that you provide through the Website and we are responsible for your personal data.

1.4 If you have any questions about this Policy, or if you would like to exercise your legal rights under paragraph 11 below, please contact our data privacy manager using the details set out below:

Name of data privacy manager: Richard Williams-Lees
Email address: rwl@mccollumconsultants.com

If we provide you with services

1.5 This Policy applies to personal data we collect through the Website only. If you instruct our services, we will enter into a separate contract with you on the basis of our terms of business, and you will become our client. For information about our use of personal data provided to us by our clients, please see our terms of business, which will be provided to you at the commencement of our services.

Making sure the information we hold about you is correct

1.6 It is important that the personal data we hold about you is accurate and current. Please get in touch if you think the personal data, we hold about you needs to be updated during your relationship with us.

Third party information and links on the Website

1.7 The Website sometimes includes links to websites, plug-ins and applications owned or controlled by third parties. If you click on those links or enable those connections, third parties may be able to collect or share data about you, and they are not within are control. We are not responsible for their privacy statements. When you leave the Website, you should read the privacy notice of every other website or application that you visit.

Changes to this Policy

1.8 We may update this Policy from time to time. If we do, we will post a new version on the Website. You should check this page occasionally to ensure you are happy with any changes. We may also notify you of changes to the Policy by email if you have asked us to keep in touch with you by email.

2. What personal data do we collect?

2.1 Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

2.2 We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:

• Identity: Data includes first name and last name.
• Contact: Data includes email address and telephone number.
• Technical: Data includes internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access the Website.
• Usage: Data includes information about how you use the Website.
• Communications: Data includes your preferences in receiving marketing from us and your communication preferences.

2.3 Please ensure that you do not upload to or send to us via the Website any personal data relation to particular services we provide, and cases and matter in respect of which we provide support to you prior to entering into a contract with us.

2.4 We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific Website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Policy.

2.5 Where we need to collect personal data by law, or to provide you with information about our services, and you fail to provide that data when requested, we may not be able to provide you with information (for example, information about a matter with which you would like our assistance). In this case, we may not be able to provide certain information to you, but we will notify you if this is the case at the time.

3. How is personal data collected?

3.1 Direct interactions. You may give us your Identity, Matter, Contact and Communication Data by filling in forms or by corresponding with us through the Website. This includes personal data you provide when you:

• request information from us;
• contact us for any reason;
• request communications to be sent to you;
• or give us feedback.

3.2 Automated technologies or interactions. As you interact with the Website, we may automatically collect Technical and Usage Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. Please see paragraph 7 below for more information on our use of cookies.

3.3 Third parties or publicly available sources. We may receive personal data about you from various third parties and public sources such as Technical and Usage Data from the following parties:analytics providers such as

• Google and Squarespace based outside the EU;
• search information providers based inside or outside the EU.

3.3 Contact Data from providers of technical services based inside the EU.

3.4 Identity and Contact Data from publicly availably sources such as Companies House based inside the EU, your own website, and social media, such as LinkedIn, which may be based outside the EU.

4. What is the lawful basis for collecting this personal data?

4.1 We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

• Where we need to perform the contract, we are about to enter into or have entered into with you. Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests. Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.
• Where we need to comply with a legal or regulatory obligation. Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to

5. Why do we collect certain personal data?

5.1 We collect Identity, Contact and Communications Data in order to respond to people making enquiries through the Website or by email or phone as well to be able to communicate with our clients. The lawful basis for the processing of this personal data is that it is in our legitimate interest to market our services and to grow our business. It is also necessary for the performance of the contract we have entered or are about to enter with you.

5.2 We need to collect Identity, Contact and Communications Data of our experts and people interested in joining our network as experts. The lawful basis for the processing of this personal data is that it is in our legitimate interest as it necessary in order to deal with your enquiry and to comply with a legal or regulatory obligation.

5.3 We need to collect Technical and Usage Data from people visiting the Website so that we can track how individuals interact with the Website and to ensure that we can effectively monitor the safety and security of the Website. Website The lawful basis for the processing of this personal data is that it is in our legitimate interest as it is required for us to monitor our network security, to prevent fraud and to develop our business.

5.4 We need to collect Identity, Contact, Technical and Usage Data to make suggestions and recommendations to you about our services that may be of interest to you. The lawful basis for the processing of this personal data is that it is in our legitimate interest as it is required for us to develop our services and grow our business.

5.5 We need to collect Identity, Contact and Technical Data to administer and protect our business and the Website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data). The lawful basis for the processing of this personal data is that it is in our legitimate interest as it is required for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise. It Is also necessary to collect this personal data to comply with a legal or regulatory obligation.

6. Marketing

6.1 We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising:

• Communications of interest. We may use your Identity, Contact, Technical, Communications and Usage Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which services may be relevant for you (we call this marketing). You will also receive marketing communications from us if you have requested information from us or received services from us, and, in each case, you have not opted out of receiving that marketing.
• Third-party marketing. We will get your express opt-in consent before we share your personal data with any third party for marketing purposes.
• Opting out. You can ask us to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us at any time. Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of instructing us in respect of accounting services, or other transactions.

7. Cookies

7.1 The Website uses cookies. Cookies are tiny text files which identify your computer to our server as a unique user when you visit certain pages on the Website, and they are stored by your Internet browser on your computer's hard drive. Cookies can be used to recognise your Internet Protocol address, saving you time while you are on the Website.

7.2 We only use cookies for your convenience in using the Website and not for obtaining or using any other information about you (for example targeted advertising). Your browser can be set to not accept cookies, but this would restrict your use of the Website.

7.3 If you want to find out more information about cookies, go to http://www.allaboutcookies.org or to find out about removing them from your browser, go to http://www.allaboutcookies.org/manage-cookies/index.html.

7.4 Please note that we collect data from the Website about use of the Website using a web analysis tool which uses cookies that are (able to be) used to generate pseudonyms for a user’s profile. This means that use cookies (which may be stored on your computer after you leave the Website) can store information about your visit.

7.5 The Website uses the following cookies:

Screenshot 2020-06-11 at 22.36.35.png

8. Data Security

8.1 All data is stored on our GDPR compliant file sharing and content governance system within the European Economic Area (EEA). The content is only accessible to authorised persons via encrypted computers. Once the data has been used, i.e. for the purposes of providing medico-legal advice, the data is removed from our GDPR compliant file sharing and content governance system and stored on encrypted (256 bit AES-strength) external hard drives that are accessible to authorised persons only.

8.2 Personal data is stored in accordance with the obligations conferred upon us by the General Data Protection Regulation, the Data Protection Act and the Information Commissioner’s Office; our ICO registration number is ZA429032.

8.3 Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Website; any such transmission is at your own risk. Once we have received your personal information, we will use strict procedures and security features to try to prevent unauthorised access.

9. How long do we retain personal data for?

9.1 We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

9.2 To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

9.3 Details of retention periods for different aspects of your personal data are available in our retention policy which you can request from us by contacting us.

9.4 In some circumstances you can ask us to delete your data: see your rights below for further information

9.5 In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

10. Who do we share your personal data with?

10.1 We may have to share your personal data with external Third Parties as set out below:

• Service providers acting as processors based in the United Kingdom who provide IT and system administration services.
• The third-party experts based in the United Kingdom & New Zealand for their provision of services.
• Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors and insurers based in the United Kingdom who provide consultancy, banking, legal, insurance and accounting services.
• HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the United Kingdom who require reporting of processing activities in certain circumstances.

10.2 Third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this Policy.

10.3 The Information Commissioner's Office or another regulator or relevant body (such as the Police) when we are asked or required to do so.

10.4 We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions. We do not transfer your personal data outside of the European Economic Aera (EEA).

11. What are your rights?

11.1 The Data Protection Act affords you with the following rights where your personal data is concerned:

• Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
• Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
• Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
• Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
• Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
• Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
• Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

If you wish to exercise any of the rights set out above, please contact us.

No fee usually required

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

Consent/Complaints

Should you wish to contact us with respect to withdrawing consent for us to process your personal data or you wish to raise a complaint with respect to the way in which we have processed your data then please contact Richard Williams-Lees either by email: rwl@McCollumConsultants.com or post: McCollum Consultants, The Lodge, 858 Wilmslow Road, Didsbury, M20 2AU.

If you are concerned about the way in which we process or have processed your personal data, then you are entitled to complain to contact the Information Commissioners Office who will offer information. They can be contacted through their website https://ico.org.uk/.