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.
This privacy policy does not apply to any third-party websites that may have links to our own website.
Clients of this firm should read this policy alongside our general Terms and Conditions, which provide further information on confidentiality.
Who are we and what do we do?
Swinburne Maddison is a limited liability partnership, authorised and regulated by the Solicitors Regulation Authority under number 551177.
We collect, use and are responsible for certain personal data about you. When we do so we are subject to the UK General Data Protection Regulation (UK GDPR). We are also subject to the EU GDPR in relation to services we offer to individuals in the European Economic Area (EEA).
Our services and website are not aimed specifically at children, who are usually represented by their parents or guardians. If you are a child and want further information about how we might use your data, please contact us.
Key terms
It would be helpful to start by explaining some key terms used in this policy:
| We, us, our | Swinburne Maddison LLP |
| Our Data Protection Officer | Personal data revealing racial or ethnic origin, political opinions, religious beliefs, philosophical beliefs or trade union membership, Genetic data, Biometric data (where used for identification purposes), Data concerning health, sex life or sexual orientation Gemma Wilkinson can be contacted by telephone on 0191 384 2441or by email at gemma.wilkinson@swinburnemaddison.co.uk |
| 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 data, Biometric data (where used for identification purposes), Data concerning health, sex life or sexual orientation |
| Data subject | The individual to whom the personal data relates. |
Personal data we collect about you
We collect or use the following information:
| Personal data we will collect | Personal data we may collect depending on why you have instructed us |
| Your name, address and telephone numberInformation to enable us to check and verify your identity, e.g. your date of birth or passport detailsElectronic contact details, e.g. your email address and mobile phone numberInformation relating to the matter in which you are seeking our advice or representationInformation to enable us to undertake a credit or other financial checks on youYour financial details so far as relevant to your instructions, e.g. the source of your funds if you are instructing on a purchase transactionPayment details (including card or bank information for transfers and direct debits)Information about your use of our website, communication and other ICT systems e.g. through the use of cookies on our websiteAudio recordings eg: calls | Your National Insurance and tax detailsYour bank and/or building society detailsDetails of your professional online presence, e.g. LinkedIn profileDetails of your spouse/partner and dependants or other family members, e.g. if you instruct us on a family matter or a WillYour employment status and details including salary and benefits, e.g. if you instruct us on matter related to your employment or in which your employment status or income is relevantYour nationality and immigration status and information from related documents, such as your passport or other identification, to assist us with compliance with obligations on verification of your identity Details of your pension arrangements, e.g. if you instruct us on a pension matter or in relation to financial arrangements following breakdown of a relationshipYour employment records including, where relevant, records relating to sickness and attendance, performance, disciplinary, conduct and grievances (including relevant special category personal data), e.g. if you instruct us on matter related to your employment or in which your employment records are relevantYour racial or ethnic origin, gender and sexual orientation, religious or similar beliefs, e.g. if you instruct us on a discrimination claimYour trade union membership and/or political opinions, e.g. if you instruct us on discrimination claim or your matter is funded by a trade unionPersonal identifying information, such as your hair or eye colour or your parents’ names, e.g. if you instruct us to incorporate a company for youYour medical records, e.g. if we are acting for you in a personal injury claimGenetic information and/or biometric information used to identify someone, eg where this is relevant to matter we are working on for you |
The main purpose of collecting and using this information is to provide legal services to you. However, we may also collect and use the above information for the purposes set out in the table below, which explains what we use your personal data for.
If you do not provide the personal data we ask for, it may delay or prevent us from providing those services.
How your personal data is collected
We collect most of the above information from you.
However, we may also collect information:
- from publicly accessible sources, e.g. Companies House or HM Land Registry;
- directly from a third party, e.g.:
- sanctions screening providers;
- credit reference agencies;
- client due diligence providers;
- from a third party with your consent, e.g.:
- 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;
- the police.
- via our website – we use cookies and similar technologies on our website (for further information, please contact our Data Protection Officer
- We use an online payment system via our website
- via our information technology (IT) systems, e.g.:
- case management, document management and time recording systems;
- automated monitoring of our websites and other technical systems, such as our computer networks and connections, communications systems, email and instant messaging systems
How and why we use personal data
Under data protection law, we can only use your personal data if we have a proper reason for doing so, e.g.:
- to comply with our legal and regulatory obligations;
- to fulfil our contract with you or 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 – where we need your consent, we will ask for it separately of this privacy policy, and you can withdraw consent at any time.
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. We carry out an annual assessment when relying on legitimate interests, to balance our interests against your own. You have the right to object to processing based on legitimate interests. We must then stop the processing unless we can demonstrate compelling legitimate grounds which override your interests, rights and freedoms or the processing is required to establish, exercise or defend legal claims.
The table below explains what we use your personal data for and why:
| What we use your personal data for | Our reasons |
| Providing legal services to you. | To perform 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 activities necessary to comply with professional, legal and regulatory obligations that apply to our business, e.g. under health and safety regulation or rules issued by our professional regulator. | Depending on the circumstances, to comply with our legal and regulatory obligations. For our legitimate interests |
| To enforce legal rights or defend or undertake legal proceedings. | Depending on the circumstances, to comply with our legal and regulatory obligations, in other cases, for our legitimate interests, i.e. to protect our business, interests and rights. |
| Gathering and providing information required by or relating to audits, enquiries or investigations by regulatory bodies. | Depending on the circumstances to comply with our legal and regulatory obligations. For our legitimate interests |
| Preventing and detecting fraud against you or us. | For our and/or your legitimate interests or those of a third party, i.e. to minimise fraud that could be damaging for you and/or us. |
| Ensuring internal business policies are adhered to, e.g. policies covering security and internet use. | For our legitimate interests or those of a third party, i.e. 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, i.e. 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. | Depending on the circumstances, for our legitimate interests or those of a third party, i.e. 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, e.g. in relation to our financial performance, client base, work type or other efficiency measures. | For our legitimate interests or those of a third party, i.e. to be as efficient as we can so we can deliver the best service for you at the best price. |
| Depending on the circumstances, for our legitimate interests or those of a third party, i.e. to prevent and detect criminal activity that could be damaging to us and/or for you.To comply with our legal and regulatory obligations. | Depending on the circumstances, for our legitimate interests or those of a third party, i.e. to prevent and detect criminal activity that could be damaging for us and/or for you.To comply with our legal and regulatory obligations. |
| Updating and enhancing client records. | Depending on the circumstances, To comply with our legal and regulatory obligations.For our legitimate interests or those of a third party, e.g. to make sure we are following our own internal procedures and working efficiently so we can deliver the best service to you. |
| Statutory returns. | To comply with our legal and regulatory obligations. |
| Ensuring safe working practices, staff administration and assessments. | Depending on the circumstances, to comply with our legal and regulatory obligations.For our legitimate interests or those of a third party, e.g. to make sure we are following our own internal procedures and working efficiently so we can deliver the best service to you. |
| Providing information updates and/or marketing our services to existing and former clients and third parties | Depending on the circumstances, for our legitimate interests, ie to promote our business consent (which you can withdraw at any time) |
| To share your personal data with members of our group and third parties that will or may take control or ownership of some or all of our business (and professional advisors acting on our or their behalf) in connection with a significant corporate transaction or restructuring, including a merger, acquisition, asset sale or in the event of our insolvency. In such cases, information will be anonymised where possible and only shared where necessary | Depending on the circumstances: To comply with our legal and regulatory obligations, in other cases, for our legitimate interest, i.e. to protect, realise or grow the value in our business and assets |
| Credit reference checks via external credit reference agencies. | For our legitimate interests or those of a third party, i.e. for credit control and to ensure our clients are likely to be able to pay for our service. |
| External audits and quality checks, e.g. for Lexcel and CQS accreditation, Investors in People accreditation, AML internal audits in line with Regulation 21 of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 and the audit of our accounts. | Depending on the circumstances: For our legitimate interests or those of a third party, i.e. to maintain our accreditations so we can demonstrate we operate at the highest standards. To comply with our legal and regulatory obligations. |
- Where we process special category personal data (see ‘Key Terms’ above), we will also ensure we are permitted to do so under data protection laws e.g:
- We have your explicit consent;
- The processing is necessary to protect your (or someone else’s) vital interests where you are physically or legally incapable of giving consent;
- The processing is necessary to establish, exercise or defend legal claims; or
- The processing is necessary for reasons of substantial public interest.
Marketing
We may use your personal data to send you updates (by email or post) about our services, including newsletters, promotions or new services.
We have a legitimate interest in processing your personal data for marketing purposes. This means we do not usually need your consent to send you marketing information. Where this is not the case, we will always ask for your consent.
You have the right to opt out of receiving marketing communications at any time by:
- contacting us by telephone, email or letter to Gemma Wilkinson, our DPO; or
- using the ‘unsubscribe’ link in emails.
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.
We will always treat your personal data with the utmost respect and never sell it to or share it with other organisations for marketing purposes.
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, e.g. barristers, medical professionals, accountants, tax advisors or other experts;
- third parties where necessary to carry out your instructions, e.g. your mortgage provider or HM Land Registry in the case of a property transaction or Companies House;
- third parties we use to help deliver our services to you, e.g. providers of our case management and finance system, IT service providers, including cloud service providers such as data storage platforms and financial institutions in connection with invoicing and payments, such as Sage;
- Companies providing services for money laundering checks and other crime prevention purposes, and companies providing similar services, including financial institutions and credit reference agencies;
- our insurers and brokers;
- external auditors, e.g. in relation to Lexcel accreditation and the audit of our accounts;
- our bank.
We only allow those organisations to handle your personal data if we are satisfied they take appropriate measures to protect your personal data.
We or the third parties mentioned above may occasionally also share personal data with:
- our and their external auditors, eg in relation to the audit of our or their accounts, in which case the recipient of the information will be bound by confidentiality obligations
- our and their professional advisors (such as lawyers and other advisors), in which case the recipient of the information will be bound by confidentiality obligations
- law enforcement agencies, courts, tribunals and regulatory bodies to comply with our legal and regulatory obligations
- other parties that may acquire control or ownership of our business (and our or their professional advisers) in connection with a significant corporate transaction or restructuring, including a merger, acquisition or asset sale or in the event of our insolvency—usually, information will be anonymised but this may not always be possible and the recipient of any of your personal data will be bound by confidentiality obligations
Where your personal data is held
Information may be held at our office and those of our third party agencies, service providers, representatives and agents as described above (see ‘Who we share your personal data with’).
How long will your personal data be kept
We will not keep your personal data for longer than we need it for the purpose for which it was collected or as required by law.
We will not retain your data for longer than necessary. Different retention periods apply for different types of data. Please contact our Data Protection Officer for further details if required.
Following the end of the relevant retention period, we will delete or anonymise your personal data.
Transferring your personal data out of the UK
It is sometimes necessary for us to transfer your personal data to countries outside the UK, some of which may provide lower levels of protection of personal data.
We will transfer your personal data outside the UK only where:
- The UK Government has decided that the recipient country ensure an adequate level of protection of personal data (known as an “adequacy decision”) or
- there are appropriate safeguards in place, together with enforceable rights and effective legal remedies for you; or
- a specific exception applies under the relevant data protection law.
Where we transfer your personal data outside the UK, we do so on the basis of an adequacy regulation or (where this is not available) a legally approved standard data protection clause recognised or issued further to Article 46(2) of the UK GDPR. In the event we cannot or choose not to continue to rely on either of those mechanisms at any time, we will not transfer your personal data outside the UK unless we can do so on the basis of an alternative mechanism or exception provided by UK data protection law and reflected in an update to this policy.
Any changes to the destinations to which we send personal data or in the transfer mechanisms we rely on the transferring personal data internationally will be notified to you in accordance with the section on changes to this privacy policy below.
Use of Artificial Intelligence (AI)
We may use AI technologies to support and improve our services, such as customer support and data analysis. Any personal data processed by AI is handled securely and in line with data protection laws.
We do not sell or share personal data with AI providers for their own use. Where third-party AI tools are involved, we ensure appropriate safeguards and agreements are in place.
Your rights
You have the following rights, which you can exercise free of charge:
| Access | The right to ask us for copies of your personal data. You can request other information, such as where we get personal data from and who we share personal data with. There are some exemptions, which means you may not receive all the information you ask for |
| Rectification | The right to require us to correct any mistakes in your personal data |
| Erasure (also known as the right 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, e.g. if you contest the accuracy of the data |
| Data portability | The right to ask that we transfer the personal data you gave us to another organisation or to you, 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, e.g. processing carried out for our legitimate interests unless we demonstrate compelling legitimate grounds for the processing which override your interests or for establishing, exercising or defending legal claims |
| 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 |
| The right to withdraw consent | If you have provided us with consent to use your personal data, you have a right to withdraw that consent at any time. You may withdraw consents by contacting our DPO. Withdrawing consent will not affect the lawfulness of our use of your personal data in reliance on that consent before it was withdrawn. |
If you make a request, we must respond to you without undue delay and in any event within one month.
If you would like to exercise any of those rights, please:
- email, call or write to our Data Protection Officer – see below: ‘How to contact us’; and;
- let us have enough information to identify you (e.g. your full name, address and 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);
- 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 technical and organisational measures to keep your data confidential and secure from unauthorised access, use and disclosure. 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
Please contact us if you have any query or concern about our use of your information (see below ‘How to contact us’). We hope we will be able to resolve any issues you may have.
You also have the right to lodge a complaint with the Information Commissioner’s Office, also known as the ICO, whose contact details are:
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Helpline number: 0303 123 1113
Website: https://ico.org.uk/make-a-complaint
Changes to this privacy policy
This privacy policy was published in April 2018 and last updated in February 2025
We may change this privacy policy from time to time. When we do, we will publish the updated version on our website.
Updating your personal data
We take reasonable steps to ensure your personal data remains accurate and up to date. To help us with this, please let us know if any of the personal data you have provided to us has changed, e.g. your surname or address—see below ‘How to contact us’.
How to contact us
Please contact us 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, to exercise a right under data protection law or to make a complaint
Our contact details are shown below:
| Our contact details | Our Data Protection Officer’s contact details |
| Swinburne Maddison LLP Venture House Aykley Heads Business Centre Aykley Heads Durham DH1 5TS 0191 384 2441 | Gemma Wilkinson gemma.wilkinson@swinburnemaddison.co.uk 0191 384 2441 |
Do you need extra help?
If you would like this policy in another format (for example, large print), please contact us, see ‘How to contact us’
Last reviewed: February 2025
