Terms and Legal

Data Protection      Indemnity Insurance      Complaints Procedure      2017 Equality and Diversity report

Conditions of Use

1 Acceptance of Terms

This is the walkerfoster.com website which is owned by Walker Foster Limited, a company whose registered office is at 3 High Street, Skipton, BD23 1AA (“we”, “us”, “our”).

For the purposes of these terms and conditions we refer to the walkerfoster.com website and database (the “Database”) collectively as the “Website”.

Your access to and use of the Website is subject exclusively to these Terms and Conditions.

By using the Website you are fully accepting these terms and conditions and our Privacy Policy which sets out how we process your personal information (view Privacy Policy) . If you do not accept these Terms and Conditions you must not use the Website.

2 Use of the Website

2.1 You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions.

2.2 You shall not use the Website to copy, adopt, reproduce or redistribute the Database or Website in any similar way.

2.3 Unauthorised attempts to upload information or change information on this Website is illegal and strictly prohibited.

2.4 Under licence from [iStockphoto or other image provider] we may use / have used certain iStockphoto (or other) images on the Website. You agree that you will not use, copy, reproduce or deal in any other way with these images or any part thereof in any manner that may contravene and/or may result in us failing to comply with our obligations under the aforementioned licence. [If you are in any doubt as to what you are permitted to do in relation to any image on the Website, please contact us at the address above for clarification.]

3 Changes to Website

We reserve the right to:

3.1 change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that we shall not be liable to you for any such change or removal;

3.2 change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such changed terms and conditions.

4 Links to Third Party Websites

The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites or of the owners of such websites and of the goods and/or services offered on such third party websites and we do not accept any responsibility in respect of such. We do not give any warranty as to the accuracy, reliability or content of any information or materials on such third party websites and shall not be liable for any loss or damage arising from their use. You acknowledge and agree that we are not responsible for the content or availability of any such sites.

5 Copyright and Intellectual Property

5.1 All copyright, database rights, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by us or our licensors.

5.2 In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.

5.3 No permission is given by us for use by any person of any intellectual property in the Website which may constitute an infringement of our intellectual property rights or the rights of any third party.

6 Disclaimers and Limitation of Liability

6.1 Although we have taken reasonable care to ensure that information and materials on the Website are accurate and up to date, we do not give any warranty or guarantee as to the accuracy of such information and materials contained on the Website. The contents of the Website do not constitute advice and you use the Website at your own risk. You should check thoroughly any details supplied and contact the organisations and people detailed in the Database before relying upon the information and/or incurring any costs and/or entering into any agreement with a third party. We are not responsible for any loss or damage arising from the use of such material and information including, without limitation, for any inaccuracy, misleading statement or representation made by any third party information provided for publication on this Website.

6.2 The Website is provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied. Except as expressly set out in these terms and conditions any warranties, term and conditions implied by or otherwise shall be excluded to the fullest extent permitted by law.

6.3 To the fullest extent permitted by law, we shall not be liable for any loss of profit; loss of business; loss of contract; loss of use; loss of or corruption to data or information; loss or depletion of goodwill or similar losses; or any special, indirect or consequential loss, costs or damage arising out of or in connection with these terms and conditions and/or the Website.

6.4 We give no warranty regarding the functionality of the Website including without limitation that the Website will be available on an uninterrupted or error free basis; that defects will be corrected; or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive and no liability can be accepted in respect of losses or damages arising out of such. We recommend that you take all appropriate safeguards before downloading information or images from the Website.

6.5 Nothing in these Terms and Conditions shall be construed so as to exclude or limit our liability for death or personal injury caused as a result of negligence or for fraud or fraudulent misrepresentation.

7 Indemnity

You agree to indemnify and keep us indemnified from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against the Website arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website

8 Severance

If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

9 Entire Agreement

These Terms and Conditions represent the entire understanding relating to the use of the Website and supersede all other statements, representations or warranties (whether written, made by email or oral) made by us. Nothing in these Terms and Conditions shall affect the liability of either party in respect of any misrepresentation, warranty or condition that it makes fraudulently. Any rights not expressly granted in these Terms and Conditions are reserved by us.

10 Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.

SRA

PRIVACY POLICY

1. Introduction

Please read this privacy policy carefully as it contains important information on:

  • who we are;
  • how and why we collect, store, use and share personal information;
  • your rights in relation to your personal information; and
  • how to contact us and a supervisory authority should you have a complaint.

2. Who we are

Walker Foster Limited (company number: 09847724) whose registered office is 3 High Street, Skipton, North Yorkshire, BD23 1AA (‘we’, ‘our’ or ‘us’).

We are a solicitors’ practise, regulated by the Solicitors Regulatory Authority under ID number 627728 and a provider of legal services (the ‘Services’).

In providing our Services, we control and process certain personal information about you and for the purposes of the General Data Protection Regulations (2016/679) (‘GDPR’) we are a:

  • ‘Data Controller’: we determine the purpose and method of processing your personal information; and
  • ‘Data Processor’: we collect, record, organise, structure, store and /or use your personal information.

3. The personal information We collect and use

Personal information is information from which an individual can be identified or is identifiable (‘Personal Information’).

a) How is your Personal Information collected?

Information collected by us:

We may collect your Personal Information through:

  • your use of our website at www.walkerfoster.com (our ‘Website’);
  • when you contact us by:
    • completing a ‘Contact Us’ submission form on our Website;
    • telephone;
    • in writing and / or
    • email.

Information collected from third parties:

We may receive Personal Information about you from third parties which we will add to the Personal Information we already hold, where necessary in the provision of Services to you.

Where appropriate and proportionate, we will advise of the source and type of that Personal Information. Your rights in relation to that Personal Information are also as set out in this policy.

b) What personal information will we collect?

We may collect, store and transfer the following categories of Personal Information:

  • ‘Contact Data’: includes your title, name, address, telephone number, date of birth and email address.
  • ‘Enquiry Data’: includes information (other than Contact Data) which you provide to us when contacting us in relation to the provision of the Services to you.
  • ‘Usage Data’: this may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and navigation paths, as well as information about the timing, frequency and pattern of your Website use. The source of the Usage Data is our analytics tracking system.

Special categories of Personal Information

We may receive special categories of Personal Information from you when you provide it while using Our Services. Special categories include information relating to your:

  • racial or ethnic origin;
  • religious or philosophical beliefs;
  • physical or mental health or condition;
  • genetics or biometrics; and
  • sexual life or orientation.

We will only process Personal Information which is a special category, with your consent.

c) Use of your Personal Information

The purpose and legal bases on which We collect your Personal Information is as follows:

 

Processing Purpose Legal basis for processing
Providing relevant Services to you.
  • Performance of a contract with you in respect of our Services;
  • Necessary for our legitimate interest in ensuring we are providing the Services to a correctly identified client;
  • Necessary to comply with a legal obligation.
Communicating with you in relation to the provision of our Services.
  • Performance of a contract with you in respect of our Services;
  • Necessary for our legitimate interest in communicating with our clients.
Undertaking anti-money laundering and identity checks. Prevention and detection of crime.
  • Performance of a contract with you;
  • Necessary to comply with a legal obligation.
Updating and enhancing our client records.
  • Performance of a contract with you;
  • Necessary to comply with a legal obligation;
  • Necessary for our legitimate interest in keeping our internal client records up to date.
Sending relevant marketing information to you (see section 5 below).
  • Your Consent
Third party providers of IT systems / website services.
  • Necessary for our legitimate interests in the running and administration of our business, the provision of IT services and the Website, for network security and fraud prevention.

 

We will only use your Personal Information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your Personal Information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

d) Who we share your Personal Information with

We may share your Personal Information with the following third parties throughout our provision of the Services to you:
Other legal professionals;

  • Expert witnesses;
  • Government and regulatory bodies;
  • Providers of IT solutions and systems to us; and
  • Law enforcement or other authorities if required by applicable law.

Where we share your Personal Information, we will at all times do so in accordance with our regulatory obligations.

4. How long your Personal Information will be kept

We will retain your Personal Information for the duration of the period that we provide Services to you. Following the conclusion of the Services, we will retain your Personal Information for 6 years after which it will be deleted from our systems.

In some instances, your Personal Information may be retained for a longer period. This includes where it is necessary for us to defend or bring any actual or contemplated legal proceedings.

5. Marketing

We may use your Personal Information to send marketing communications to you, including:

  • advertisements for our Services and offers in relation to those Services; and
  • new developments or changes to the Services.

You will be asked to expressly agree in advance to our use of your Personal Information for marketing purposes.

You may opt out or instruct us at any time not to process your Personal Information for marketing purposes by contacting our Data Protection Officer.

6. Transfer of your information out of the European Economic Area

We will not transfer your Personal Information outside of the European Economic Area.

7. Cookies

Use of cookies

A cookie is a small text file which is placed onto your computer (or other electronic device) when you access Our Website. We use cookies on our Website to:

  • recognise you whenever you visit the Website (this speeds up your access to the Website as you do not have to log in each time);
  • obtain information about your preferences, online movements and use of the internet;
  • carry out research and statistical analysis to help improve our content and to help us better understand your requirements and interests;
  • target our marketing more effectively; and
  • make your online experience more efficient and enjoyable.

In most cases We will need your consent in order to use cookies on our Website. The exception is where the cookie is essential in order for us to provide you with a service on the Website that you have requested.

Third party cookies

We use the following third-party services, who may set cookies on our Website:

  • Google Analytics – Google Inc utilises the data collected to track and examine the use of this Website, to prepare reports on its activities and share them with other Google services;
  • Google Recaptcha – is a SPAM protection service provided by Google Inc;
  • CloudFlare – Cloudflare is a traffic optimization and distribution service provided by CloudFlare Inc. CloudFlare is filters all the traffic through this Website, i.e. communication between this Website and your browser, while also allowing analytical data from this Website to be collected; and
  • External social networks such as Twitter, Facebook and LinkedIn. Use of buttons and widgets on our Website allows interaction with the relevant social network. The information obtained through this Website are always subject to your privacy settings for each social network.

These third-party suppliers are responsible for the cookies they set on our Website. If you want further information please see the website and privacy policy for the relevant third party.

Consent

If you click to consent to our use of cookies, you confirm your acceptance of their use for the purposes described in this policy.

How to turn off cookies

If you do not want to accept cookies, you can change your browser settings so that cookies are not accepted. If you do this, please be aware that you may lose some of the functionality of our Website. For further information about cookies and how to disable them please go to the Information Commissioner’s webpage on cookies: https://ico.org.uk/for-the-public/online/cookies/.

8. Links to other Websites

The Website contains links to other websites for ease of access. When you use a link to leave our Website, your use of the third-party website shall be governed by that third party’s terms of use and privacy policy. We are not responsible for the protection and privacy of any information which you provide whilst visiting such sites.

9. Your rights

Under the GDPR, you have a number of important rights which are exercisable. In summary, these include rights to:

  • You have the right to ask us not to process your personal data for marketing purposes. You can exercise your right to prevent such processing by contacting us at the address in the “Contact Us” section below.;
  • You also have the right to see the personal data (as defined in the Data Protection Act 1988) that we keep about you, on receipt of a written request, verification of your identity, and payment of a fee of £10. If you are concerned that any of the information we hold on you is incorrect or if you wish to object to the use we have made of your personal data, please contact us at the address in the “Contact Us” section below.;
  • make a subject access request in respect of your Personal Information. We will provide a copy of the Personal Information which we hold free of charge for the first copy, unless your request is excessive. We may charge you for our reasonable administrative costs for further requests);
  • require us to correct any mistakes in your information which we hold;
  • require the erasure of Personal Information concerning you in certain situations;
  • receive the Personal Information concerning you which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit those data to a third party in certain situations;
  • object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you;
  • object in certain other situations to our continued processing of your Personal Information;
  • otherwise restrict our processing of your Personal Information in certain circumstances; and
  • claim compensation for damages caused by our breach of any data protection laws.

For further information on each of those rights, including the circumstances in which they apply, see the Guidance from the UK Information Commissioner’s Office (ICO) on individual’s rights under the General Data Protection Regulation.

Exercising your rights

If you would like to exercise any of your rights, please:

  • email, call or write to our Data Protection Officer; and
  • provide us with information from which we can identify you. For example, a case matter reference, your name or your address; and
  • provide us with proof of your identity and address (a copy of your driving licence or passport and a recent utility or credit card bill); and
  • let us know the information to which your request relates.

10. Keeping your Personal Information secure

We will use technical and organisational measures to safeguard your Personal Information, for example, we store your Personal Information on secure servers.

While We will use all reasonable efforts to safeguard your personal information, you acknowledge that the use of the internet is not entirely secure and for this reason we cannot guarantee the security or integrity of any personal information transferred from you or to you via the internet. If you have any particular concerns about your information, please contact us using our Data Protection Officer using the details below.

We have appropriate security measures in place to prevent personal information from being accidentally lost, or used or accessed in an unauthorised way. We limit access to your personal information to those who have a genuine business need to know 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.

11. How to complain

Our Data Protection Officer will try to resolve any query or concern you raise about our use of your information.

The GDPR also gives you right to lodge a complaint with a supervisory authority. Where you are situated in the UK, the relevant supervisory authority is the Information Commissioner who may be contacted at https://ico.org.uk/concerns/ or telephone: 0303 123 1113.

12. Changes to this privacy policy

This privacy policy was published on 18th May 2018

We may change this privacy policy from time to time, when We do we will inform provide a notice on our Website.

13. How to contact us

If you have any questions about this privacy policy or the information we hold about you, please contact Maxine Heppenstall, our Data Protection Officer by: