Access to and use of this site (‘millersands.com’) is provided by MILLER SANDS subject to the following terms:
1. Information on this website is intended to be used for guidance purposes only. It does not constitute legal advice. Detailed specialist advice should be sought before taking any action as a result of the information found on the millersands.com website.
2. By using millersands.com you agree to be legally bound by these terms, which shall take effect immediately on your first use of millersands.com. If you do not agree to be legally bound by all of the terms please do not access and/or use millersands.com.
3. MILLER SANDS may change these terms at any time by posting changes online. Please review the terms regularly to ensure you are aware of any changes made by MILLER SANDS. Your continued use of millersands.com after changes are posted means you agree to be legally bound by these terms as updated and/or amended.
Use of millersands.com
4. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use millersands.com content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any millersands.com content except for your own personal, non-commercial use. Any other use of millersands.com content requires the prior written permission of MILLER SANDS.
5. You agree to use millersands.com only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of millersands.com. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within millersands.com.
Disclaimers and Limitation of Liability
6. Millersands.com content, including the information, names, images, pictures, logos and icons regarding or relating to MILLER SANDS, its products and services (or to third party products and services), is provided “AS IS” and on an “AS AVAILABLE” basis without any representations or any kind of warranty made (whether express or implied by law) except to the extent prescribed by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
7. Under no circumstances will MILLER SANDS be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of millersands.com regardless of the form of action.
8. MILLER SANDS does not warrant that functions contained in millersands.com content will be uninterrupted or error free, that defects will be corrected, or that millersands.com or the server that makes it available are free of viruses or bugs.
9. The names, images and logos identifying MILLER SANDS, or third parties and their products and services are subject to copyright, design rights and trade marks of the MILLER SANDS and/or third parties. Nothing contained in these terms shall be construed as conferring by implication, estoppel, or otherwise any licence or right to use any trademark, patent, design right or copyright of the MILLER SANDS, or any other third party.
10. If there is any conflict between these terms and specific terms appearing elsewhere on millersands.com (including local house rules) then the latter shall prevail.
11. If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect, and continue to be binding and enforceable.
12. These terms shall be governed by and interpreted in accordance with the laws of England and Wales.
Privacy and Data Protection Statement
General Data Protection Regulations 2018 (GDPR)
New regulations, effective from 25th May 2018, enhance the degree of protection that members of the public can expect from all bodies who hold or process data about them, if that data “relates to a living individual who can be identified from it”. This is an evolution of the existing protections set out in the Data Protection Regulations 2016 and before. Further protections apply to “sensitive” personal data.
Miller Sands is both a data controller and a data processor. We both hold information about you and make use of it, in a variety of ways including the possibility of making decisions about what we do because of information drawn from analysing the data we hold on individuals. We therefore both hold and process your data, and are governed by the GDPR.
We obey the Principles relating to data processing in the GDPR:
1. Personal data will be processed fairly and lawfully. (Principle 1)
2. Data will only be collected and used for specified purposes. (Principle 2)
3. Data will be adequate, relevant and not excessive. (Principle 3)
4. Data will be accurate and up to date. (Principle 4)
5. Data will not be held any longer than necessary. (Principle 5)
6. Data will be processed in accordance with your rights (Principle 6)
7. Data will be kept safe from unauthorised access, accidental loss or damage. (Principle 7)
8. Data will not be transferred to any country outside the European Economic Area unless that country has equivalent levels of protection for personal data. (Principle 8)
We collect your data mainly by paper documents you supply to us, but occasionally from you online, such as by email. We hold your data primarily in written form in physical files relating to the work you retain us to do, but also have a central database of client names, addresses, other contact details and outline descriptions of the work we are instructed to do. This database is held remotely by Quill, an organisation providing dedicated accounting and record-keeping services to law firms. It is fully and independently compliant with all the requirements of GDPR. Additionally, e-mails may be mirrored under automated arrangements made by Microsoft, as our computer systems use Microsoft Office 365, running under Windows 7 and 10, and such mirroring is a characteristic of such software.
In Family work, we may also record details of your National Insurance number and pension details, as it is a requirement of law that we disclose such information to the Courts in matrimonial cases.
In Wills, Trust and Probate matters, we may additionally hold details of other family members, such as names and addresses, if they are to be beneficiaries of a Will or an intestate Estate.
In addition, for all clients, we hold details of your current passport or driving licence, or other document you show us to verify your identity, together with copies of other documents such as utility bills or bank statements, so as to verify your address. In every case, we hold this information because it is a legal requirement to do so, and also because it is prudent business practice.
Where necessary to carry out the work you instruct us to do, we disclose limited information about you to other firms of solicitors involved in your case, selected barristers instructed on your behalf, the Courts, the Department for Work and Pensions, HM Probate Registry and/or the Land Registry as necessary. We do not hold or process biometric, genetic or health data on you, and we do not undertake any automated or profiling activities on any data we hold.
The bases for us holding, processing and/or exchanging personal data on you are as follows:
1. It is essential in order to carry out the work you have asked us to do for you under contract.
2. We are legally bound to hold personal data on you because of Money Laundering and regulatory rules.
3. It assists us to maintain and uphold your vital interests.
4. It is necessary for the administration of justice.
5. We have a legitimate business interest in doing so, in that we cannot provide services to you for payment without holding, processing and exchanging such information where necessary under any of the above examples.
6. Please note that as we do not hold “sensitive” personal data on you, we are not required in law to seek explicit consent from you to hold the information we hold and process.
Data subjects have new rights: transparency, access to records, rectification of errors, restriction on data use or sharing, portability of records we hold, the right to object to automated processing or profiling – which we don’t do – and the right to have your records erased. Some of these rights are qualified because, in law, we must retain certain minimum records about you so that we can comply with rules of practice laid down for solicitors by our regulator, the SRA, and in respect of the law on money-laundering checks. Requests for access to data will be met within one month and are free of charge. We are however permitted to charge for excessive or repeated requests and reserve the right to do so to cover administrative time spent.
Our Data Processing Compliance Officer is: William Cowell.
© Miller Sands 2013