Privacy Policy

Introduction

We are committed to safeguarding the privacy of our website visitors. This policy applies where we are acting as a data controller with respect to the personal data of our website visitors; in other words, where we determine the purposes and means of the processing of that personal data.

We use cookies on our website. Insofar as those cookies are not strictly necessary for the provision of our website and, we will ask you to consent to our use of cookies when you first visit our website.

Our website incorporates privacy controls which affect how we will process your personal data. By using the privacy controls, you can specify whether you would like to receive direct marketing communications and limit the publication of your information. In this policy, "we", "us" and "our" refer to Kerslands Solicitors Limited. For more information about us, see Section 1
How we use your personal data.

In this section we have set out:

(a)    the general categories of personal data that we may process;
(b)    in the case of personal data that we did not obtain directly from you, the source and specific categories of that data;
(c)    the purposes for which we may process personal data; and
(d)    the legal bases of the processing.

We may process data about your use of our website ("usage data"). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is our analytics tracking system. This usage data may be processed for the purposes of analysing the use of the website and services. The legal basis for this processing is our legitimate interests, namely monitoring and improving our website and services.

We may process information contained in any enquiry you submit to us regarding services ("enquiry data"). The enquiry data may be processed for the purposes of offering, marketing and selling relevant goods and/or services to you. The legal basis for this processing is consent.

We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters ("notification data"). The notification data may be processed for the purposes of sending you the relevant notifications and/or newsletters. The legal basis for this processing is consent OR the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.

Please do not supply any other person's personal data to us, unless we prompt you to do so.
Providing your personal data to others

We will never, under any circumstances, share you’re personal detail with other parties.
International transfers of your personal data

We will never, under any circumstances, transfer your personal data to countries outside the European Economic Area (EEA)
Retaining and deleting personal data

This section sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.

Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

We will retain your personal data as follows:

(a) personal data category or categories will be retained for a minimum period of 20 years following 25 May 2018.

Notwithstanding the other provisions of this Section 6, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
Amendments

We may update this policy from time to time by publishing a new version on our website.

You should check this page occasionally to ensure you are happy with any changes to this policy.
We may notify you of significant changes to this policy by email.
Your rights

In this section, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.

Your principal rights under data protection law are:

(a)    the right to access;
(b)    the right to rectification;
(c)    the right to erasure;
(d)    the right to restrict processing;
(e)    the right to object to processing;
(f)    the right to data portability;
(g)    the right to complain to a supervisory authority; and
(h)    the right to withdraw consent.

You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee.

You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.

In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims.

In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.

You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.

You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.

You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

To the extent that the legal basis for our processing of your personal data is:

(a)    consent; or

(b)    that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract,and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.

If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.

To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.

You may exercise any of your rights in relation to your personal data by written notice to us, in addition to the other methods specified in this section.
About cookies

A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.

Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.
Cookies that we use

We use cookies for the following purposes:
(a)    authentication - we use cookies to identify you when you visit our website and as you navigate our website;
(f)    analysis - we use cookies to help us to analyse the use and performance of our website and services; and
(g)    cookie consent - we use cookies to store your preferences in relation to the use of cookies more generally.
Cookies used by our service providers

Our service providers use cookies and those cookies may be stored on your computer when you visit our website.

We use Google Analytics to analyse the use of our website. Google Analytics gathers information about website use by means of cookies. The information gathered relating to our website is used to create reports about the use of our website. Google's privacy policy is available at: https://www.google.com/policies/privacy/.
Managing cookies

Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:

(a)    https://support.google.com/chrome/answer/95647?hl=en (Chrome);
(b)    https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox);
(c)    http://www.opera.com/help/tutorials/security/cookies/ (Opera);
(d)    https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);
(e)    https://support.apple.com/kb/PH21411 (Safari); and
(f)    https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge).

Blocking all cookies will have a negative impact upon the usability of many websites.

If you block cookies, you will not be able to use all the features on our website.
Our details

This website is owned and operated by Kerslands Solicitors Limited.

Our principal place of business is at 4 Station Road, Milngavie G62 8AB.

You can contact us:

(a)    by post, to the postal address given above;
(b)    using our website contact form;
(c)    by telephone, on the contact number published on our website from time to time; or
(d)    by email, using the email address published on our website from time to time.
Glossary

“You” means the user of this website (“the Service”). “Your” shall be construed accordingly.

These terms of use, as varied by us, acting in our absolute discretion, from time to time, (“Terms”) set out the exclusive basis on which you may use the Service. By using the Service, you shall be deemed to have accepted the Terms and agreed to be bound by them. If you do not agree to the Terms, you have no right or other entitlement to use the Service and you must stop doing so immediately.If you are under 16 years old you have no right or other entitlement to use the Service and you must stop doing so immediately.

We make no charge for making use of the Service. You should note, though, that your network operator may charge you for the use of their systems and/or network in accessing the Service.

The Service is used by you wholly at your own risk and, to the maximum extent permitted by law, we do not give any warranty or other assurance (whether express or implied) with regard to it. Without prejudice to the foregoing generality and to the maximum extent permitted by law, we do not give any warranty or other assurance with regard to: (i) the accuracy or completeness of the information carried on the Service; (ii) the availability of the Service (either in whole or in part); or (iii) non infringement, security, fitness for a particular purpose, satisfactory quality or compatibility.

The operator of any store from which the Service is/was downloaded by you ("Operator") is not responsible for the Service or its content or the provision of any maintenance or support services in connection with it. Without prejudice to that generality, the Operator is not responsible for (i) claims arising in connection with the Service (whether directly or indirectly); or (ii) investigating, defending or settling any third party claim that its intellectual property rights have been infringed by the Service or your use of it.

The Operator and each member of the group of companies of which it forms part from time to time are third-party beneficiaries of the Terms and you agree that the Operator will have the right (and will be deemed to have accepted the right) to enforce the Terms against you and that as a third party beneficiary thereof.

We are not the agent for or representative of any business or other third party whose details are carried on the Service. We do not give any warranty or other assurance with regard to the information, products and/or services carried on the Service. It is your responsibility to satisfy yourself with regard to all aspects relative to those businesses, third parties, information, products and services.

We do not endorse, approve, recommend or associate with any particular business, person, service, product or thing carried by the Service. Where the Service carries the logos, domain names, trademarks and service marks of third parties, each of those remains the property of the third party concerned.

We may, in our absolute discretion, restrict, disable, suspend or terminate your access to all or part of the Service, your subscription and/or your account at any time and that without liability of any kind to you or a third party.

You undertake not to disclose any password or other login details associated with the Service to anyone else and agree that, if you do so, it is at your own risk. In circumstances where your login details and password have been, may have been or may be used without your permission, you shall inform us immediately by email.

Our Privacy Policy discloses how we process information about you. By using the Service, you accept our Privacy Policy (as varied by us, acting in our absolute discretion, from time to time).

By using the Service, you accept our Cookies Policy (as varied by us, acting in our absolute discretion, from time to time).

The Service provides the facility for you to source information. We consent to your use of the Service for that purpose provided always that you do not use it (i) to create, amend or otherwise vary a similar or comparable database of information (whether for your own purposes or that of a third party) (ii) for any illegal or unlawful purpose; (iii) to threaten, harass, oppress, abuse harm, offend or discriminate against a third party; (iv) to impinge on the privacy of a third party; (v) in a way that we, in our absolute discretion, determine is inappropriate; (vi) in a way that we, in our absolute discretion, determine imposes or may impose a material burden on systems, processes and/or infrastructure; or (vi) in a manner that we, in our absolute discretion, determine causes or is likely to cause disruption to or interference with the Service. The Service is for your personal, non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, copy, licence, create derivative works from or transfer for any commercial purpose, all or any portion of the Service.

Events outwith our control may adversely affect the Service from time to time. It is subject to the limitations of the technology that supports it and it may be adversely affected by network coverage and performance. It may also be adversely affected by other operational factors such as the capabilities of your mobile device. We shall not have any liability, on any basis, for any failure, delay or error in connection with the Service and/or its transmission and you shall not, in any circumstances, be entitled to a refund (either in whole or in part) of any amounts paid to us in respect of a period during which the same subsists.

Map locations and directional services are illustrative only and we give no warranty or other assurance with regard to their completeness or accuracy. You are responsible for verifying the accuracy and completeness of map location data relative to each entry carried on the Service and all (if any) directional services relative thereto. We have no responsibility to you in respect of your use of map locations and/or directional services carried on the Service.

The Service contains features that rely on third party providers and, by your acceptance hereof, you acknowledge that: (i) we do not have input to or control over those third party providers and/or their services and/or products; (ii) one or more of those third party providers may amend, vary or terminate its/their services and/or products at any time with a consequent impact on the Service; and (iii) we may be unable to provide a particular aspect of the Service to you if you fail to satisfy the criteria of the third party concerned. The Service may enable you to use third party tools and/or aids and you acknowledge and agree that your use thereof is subject to the terms of use of the third party concerned and shall be responsible, in any way or on any basis, in connection with your use and/or the availability or non-availability thereof.

You shall be deemed to have given us your consent to use all (if any) material that you supply to us from time to time and that in whatever way and in whatever medium that we, in our/its absolute discretion, determine and you acknowledge that: (i) we shall not be under any obligation to use any or all of such material; (ii) we shall, in our/its absolute discretion, be entitled to vary and amend such material; (iii) we shall, in our/its absolute discretion, be entitled to suspend or terminate the publication of such material or refuse to carry it on the Service; (iv) we shall, in our/its absolute discretion be entitled to publicise your name, address and other personal information on the Service in connection with such material; and (v) we do not have any obligation to review or verify such material and its contents are and shall, at all times, remain wholly your responsibility.

In providing any material to us for publication on the Service, your ownership of and freedom to use it shall remain unaffected and you represent and warrant to us that the material: (i) does not infringe the rights of any third party; (ii) is owned by you or you are otherwise entitled to make use of it and have the same carried on the Service; (iii) does not infringe the copyright or other intellectual property rights of a third party; (iv) is not unlawful, illegal, misleading, untrue, defamatory, threatening, offensive, bullying, discriminatory, oppressive, abusive or inappropriate; (v) does not infringe the privacy or other rights of a third party; (vi) does not contain any computer viruses or other features that will or may interfere with the Service; and (vii) does not contain any form of spam or other feature intended to operate in a similar way to spam.

You represent and warrant to us that you are not located in a country that is subject to a UK and/or US Government embargo or that has been designated by the UK and/or US Government as a "terrorist supporting" country and you are not listed on any UK and/or US Government list of prohibited or restricted parties.

Without prejudice to any other provision of the Terms and to the maximum extent permitted by law, the liability of us, our employees, agents, officers and associated companies (collectively, “the Relevant Parties” and “Relevant Party” means any of them) to you in connection with the Service (whether directly or indirectly) re one or more of the following is expressly excluded: (i) consequential, indirect, special or exemplary damages; (ii) indirect losses; (iii) lost opportunity; (iv) injury to reputation or goodwill; (v) lost data; (vi) lost revenue or profits; and (vii) third party losses.

The aggregate liability of the Relevant Parties to you for any and all claims (howsoever and whensoever arising) shall not exceed £250.

Nothing contained in these Terms seeks to exclude or restrict the liability of a Relevant Party for fraudulent misrepresentation or death or personal injury arising from its negligence.

We may, in our absolute discretion and without the necessity of notice, vary the Terms at any time. By continuing to use the Service thereafter, you are deemed to have accepted the Terms as varied.

The Service uses software and content which contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, the software or the content available on the Service, whether in whole or in part.

If you have any reason to believe that any part of the Service infringes the rights of others, please notify us by email. It is our policy to investigate any allegations of infringement brought to our attention. We reserve the right, in our absolute discretion, to immediately suspend and/or terminate access to all or part of the Service of any user who is alleged to have posted infringing materials or link to infringing materials and to immediately remove or disable the allegedly infringing content.

By your acceptance of these Terms, you undertake to indemnify each Relevant Party, on demand, in respect of all (if any) costs, claims, liabilities and expenses incurred by it in connection with (whether directly or indirectly) a breach of them by you.

No liability is accepted for any harm that may be caused to your systems or data by using this website. Whilst we seek to ensure that it is free from viruses and inappropriate material, it is your responsibility to scan for viruses and inappropriate material.

The information provided by us through the medium of this website is general information only and: (a) no part of it represents (or shall be deemed to represent) legal or other professional advice; (b) no reliance should be placed on it (or any part thereof) for any purpose whatsoever; and (c) we shall not be liable in respect of it (or any part thereof) on any basis whatsoever.

Any reference to a group of companies is to a company, any subsidiary or subsidiary undertaking of that company, any holding company or parent undertaking of that company and any other subsidiary or subsidiary undertaking of that holding company or parent undertaking (including, for the avoidance of doubt, a holding company, parent undertaking, subsidiary and/or subsidiary undertaking constituted in a jurisdiction outwith the United Kingdom, however described in that jurisdiction).

“We” means the Administrator and “us” and “our” shall be construed accordingly.

The singular includes the plural and vice versa.

The Terms and any claim under them (whether contractual or otherwise) is governed by the law of Scotland and subject to the exclusive jurisdiction of the Scottish courts.

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