This POLICY is issued in compliance with the General Data Protection Regulation (GDPR) of the EU
Who the data controller is:-
Data Controller: Kelly Adjusters limited, Little Seabrooks, Braintree Road, Felsted, Essex, CM6 3JZ
Contact Person: Graham Kelly – Director
Telephone: 01371 823100 and 07788 318831
The purpose or purposes for which the information will be processed:-
We are instructed primarily to investigate, report on and negotiate settlement of third party liability claims by our instructing principals. This will usually entail the interview of witnesses, these could be the insured themselves, an employee of the insured or any other witness to an incident or a set of circumstances. We also collect relevant documentation where this is available and the insured is under an obligation to disclose it under any relevant civil law rule. The information is being collected for the establishment, exercise or defence of a legal claim and for no other purpose.
Where do we store the information you give to us, the safeguards and how long will we store it?
We use the services of Microsoft® and Dropbox®, both of whom operate to the Privacy Shield Framework, to store and share the information you provide electronically. They have servers located worldwide utilising state of the art encryption and breach detection technologies to ensure data security. As an added layer of protection all personally identifiable information has local level encryption applied before being stored on the remote servers to provide an added layer of data security.
The information provided is stored only for as long as necessary. Where we are acting under instruction of an instructing principal, we will act on their instructions on storage and erasure. Where we control the data, we will erase or anonymise personally identifiable information within 6 months of the settlement of the legal claim. Where it is not clear if the claim has been successfully denied or compromised, we will erase or anonymise personally identifiable information within 6 months of the expiry of any limitation period specified under UK law.
Any further information which is necessary in the specific circumstances to enable the processing to be lawful and fair:-
We will only usually process the information you give to us in pursuit of our legitimate interests as a business. You do not have to provide any information if you don’t want to unless you have been ordered to do so by an official public authority such as a court or a tribunal. In those very limited circumstances, any refusal to provide information may attract a legal penalty imposed by the body ordering the disclosure of the information.
If we are processing your information by consent, you can withdraw consent to processing your data at any time, provided you are not under a legal obligation to provide the data, by contacting the contact person detailed above in writing or by email and quoting your name and the reference number of the claim. Withdrawal of consent might mean we are unable to further process a claim.
What personal information is being collected?
Witness evidence in the form of a signed statement to comply with the legal rules governing the format and content of the statement. Your name, home address (or work address if this is a work-related issue) and date of birth are included in the statement.
In cases where we are dealing with a personal injury claim which involves a requirement to have a claimant medically examined by a doctor or specialist, we will usually need to obtain the relevant medical records of the claimant and disclose this to the doctor or specialist. Any such special category data will only be collected once we have your explicit consent to obtain it. Medical records will be needed to progress any injury claim. We will also need to register your claim on the Ministry of Justice Portal and with the Compensation Recovery Unit. To do this we will need your National Insurance Number/NHS number.
Who is collecting it?
The person/company collecting the information is an authorised agent or representative of Kelly Adjusters Limited. They are bound by strict rules of confidentiality and secrecy and only act in accordance with strict instructions from Kelly Adjusters Limited.
How is it collected?
The information is usually collected in the form of a written signed statement, either on paper or on electronic tablet, or electronic or paper copies of documentation relevant to the claim. We may collect information sent to us in electronic communications if appropriate. We routinely scan paper copies of documents and encrypt personally identifiable information. Paper copies are then routinely shredded.
Why is it being collected?
The information is being collected either because you are one of the parties to a legal claim, or you were a witness to an incident the subject of a legal claim, or you have knowledge surrounding related information, for instance the existence of documentation relative to the legal claim, or you are in direct control of such documentation and you are authorised to disclose it.
In cases where we are dealing with a personal injury claim, the information is being collected in order to consider your claim for damages for personal injury.
How will it be used?
The information provided will be used by our instructing principals (or by us if we have the control and conduct of the legal claim under a delegated authority) in establishing, defending or prosecuting a legal claim. This will usually include the disclosure of any witness evidence or relevant documentation obtained to the representative of the opposing party, be it a claimant, defendant, pursuer or defender, and for no other purpose.
Who will it be shared with?
The information may be shared with our instructing principals and, where necessary, their solicitors/counsel, the representatives of the opposing party and their solicitors/counsel, and any presiding court or tribunal or other official public body if the matter is not concluded prior to a hearing.
What will be the legal effect of this on the individuals concerned?
If the legal claim is not compromised before a court or tribunal hearing, you may be required to attend court or tribunal, give evidence and be cross examined by opposing legal counsel. In our experience the vast majority of cases are concluded without the need to attend and give evidence.
Is the intended use likely to cause individuals to object or complain?
We do not expect to do anything likely to give you cause to complain about our conduct. However, you do have certain rights under the GDPR which we highlight below.
Data Subject’s rights under the GDPR
In addition to the Controller and Processor’s obligation to ensure lawful, fair and transparent processing of your information, you have the following rights (subject to some exceptions) under the GDPR:-
• Right of access to personal data we hold
• Right to rectification of any incorrect data we hold about you
• Right to erasure of personal data where they satisfy the relevant erasure criteria
• Right to restriction of processing personal data
• Right to object to processing
• Right to Data portability (only relevant where the data is processed automatically)
• Right to lodge a complaint with the Supervisory Authority
Please note that there are certain restrictions to these rights and you should consult the Regulations for the detailed wording of each of the rights.
Is the data required in fulfilment of a statutory or contractual obligation or requirement?
Unless you have been ordered by a court, tribunal or other official public body to do so, you are not under any statutory or contractual obligation or requirement to provide your information to us.
Is the data used in any automated decision making or profiling , how are decisions made and what is their significance or legal effect on you?
None of your information is automatically processed or profiled by Kelly Adjusters Limited.
Please contact the Data Controller detailed at the top of this Policy if you have any questions regarding the Policy.
Kelly Adjusters Limited © 2018