For
customers browsing our website, you leave a digital footprint, this is information
about your device and the way you use it online. Here, we detail our privacy
notice where a customer account is not required:
Who ‘we’
are:
Moriarty Law Limited (‘Moriarty’) is a specialist law firm
authorised and regulated by the Solicitors Regulation Authority (SRA), SRA
number 607528. Moriarty Law is registered in England & Wales under Company
Registration Number 08432710.
Name: Moriarty Law
Address: Cobb House |2-4 Oyster Lane| Byfleet KT14
7DU
Email: [email protected]
Personal
information collected by this website:
We collect the following information when you use our
website:
§
What you click, what you view, how long you
spend on pages, your device and internet connection details such as: Type of
device you are using/ IP address and details about your internet connection/
technical details such as the software you are using/ such as your web browser/
your country and regional areas only
If you follow a link to this website, either through SMS or
email, we may be able to tell:
§
That you’ve opened it and what links and pages
you view
If you use this website to send us a message or a ‘contact
us’ request, we may collect the information you provide us.
Cookie
notice
We use cookies; A cookie is a text-only string of
information that a website transfers to the cookie file of the browser on the
computer’s hard disk so that the website can remember who you are. The cookies
usually contain the domain name of where the cookie has come from and the
lifetime of the cookie.
When you visit our website, we will send you a cookie which
may be used to personalise features on our website which gives you the ability
to recall a recently viewed page and see information which has been put online.
Cookies will also allow us to collect aggregate statistics which do not
identify you personally. There are two types of cookies which may be used on
this website; Firstly, session cookies which are temporary ones and remain in
the cookie file of your browser until you leave the site, and secondly,
persistent cookies which remain in the cookie file of your browser for longer.
You have the ability to accept or decline cookies by
modifying the settings in your browser. You may disable cookies, although we
employ the high security measures to prevent unauthorised access to information
online, we cannot guarantee the security of your personal information.
If you wish to contact us or have any concerns about our
website privacy policy or wish to withdraw any information of yours that is
held by us, please contact us by using the ‘contact us’ tab above or refer to
the above section (‘who we are’).
However, by submitting your information, you consent to the
use of that information as set out in this policy. Any changes to this privacy
policy will be updated on this web page. By continuing to use our website, you
are acknowledging your agreement to this policy.
For customers who enter in personal details, our full
privacy notice can be found here:
Moriarty Law is a data processor, processors act on behalf
of, and only on the instructions of, the relevant controller. In addition to
Moriarty being a data processor, there can be times when we are a data
controller and a joint data controller, meaning that Moriarty can determine the
means of the processing of data; Or can act together with our clients to decide
the purpose and manner of the data processing.
What data
we collect:
When you entered into an agreement with our client, you
provided personal information to them, so they could process your application
or agreement. The information you would have provided would have included your
name, address, and date of birth so checks could be conducted, any other
information that was required by them to process and maintain your account
(this may have included information from credit reference agencies). The
information may have been updated and/or amended through subsequent contact whilst
the account has remained due.
When your debt was transferred to us, this information was
included; This contained details of your debt, payments made and outstanding
sum due.
What is
the legal basis for this use:
In most cases our use of your information is necessary and
carried out on the following legal basis:
§
For the performance of a contract with you (such
as your loan agreement)
§
Where necessary for our legitimate interests or
the legitimate interests of your lender who we act on behalf of (under your
loan agreement); and
§
Where necessary in order to comply with a legal
obligation (for example making reports to our regulatory authority or to law
enforcement agencies).
In some cases, we rely on consent, for example, where you
advise us of details about your health. Where consent is used as the legal
basis for processing, you may refuse or withdraw your consent at any time.
Please refer to the below ‘special category information
section’ for further details.
We may also collect limited information in relation to
criminal convictions (prison name, number, and length of sentence) if we have
reason to believe that you may be in prison; We will use this for the purposes
to deal and manage your account in order to make decisions for the purposes of
establishing and exercising our legal rights.
Why we
collect your data:
As your debt has been transferred to Moriarty, as
processors, we are required to process your personal data in accordance with
the data controller’s instructions. Your personal data will be stored and used
for the purposes of collecting the outstanding balance from you. It may also be
combined with other data relating to you and which we may obtain from 3rd
parties, where it is deemed necessary for verifying the accuracy of the data
and/or for the purposes of collecting the outstanding balance. In this respect,
we may access 3rd party data sources and combine and process data from those
sources with your personal data.
Examples of third-party data sources may include the Land Registry,
registers of court judgments and bankruptcies and credit reference agencies
(CRAs).
In order to process your debt, we will supply your personal
information to credit reference agencies (CRAs), and they will give us
information about you, such as about your financial history. We do this to
assess and check your identity, manage your account, creditworthiness, trace
and recover debts and prevent criminal activity.
The data controller will also continue to exchange
information about you with companies working on their behalf including CRAs on
an ongoing basis, about your settled accounts and any debts not fully repaid on
time. CRAs may share your information with other organisations. Your data will
also be linked to the data of your spouse, any joint applicants, or other
financial associates.
The identities of the CRAs, and the ways in which they use
and share personal information, including their privacy policies are explained
in more detail at:
§ TransUnion
www.transunion.co.uk/crain
:
https://www.transunion.co.uk/legal-information/bureau-privacy-notice
§ Equifax www.equifax.co.uk/crain :
https://www.equifax.co.uk/ein.html
§ Experian www.experian.co.uk/crain :
https://www.experian.co.uk/consumer/privacy.html
If your account is currently reported to any CRA, then the
data controller will continue to report this account as a “defaulted account”
with the relevant CRA;
You should be aware that the existence of this default
information, particularly defaults which are not marked as “settled” or
“satisfied” may adversely affect your ability to obtain credit in the future.
We may also share your personal data with others where: we
have your permission; we have to do so or are allowed to do so by law; we have
a duty to reveal the information; or where our legitimate interests mean we can
share the information.
We may process your personal data outside the European
Economic Area, provided that appropriate security measures are in place.
We may pass your personal data to third party contractors
that provide services to us including Solicitors and tracing agents. These
third parties are obliged to keep your details securely and use them only to
fulfil instructions provided by us.
Resolvecall is third party supplier utilised by Moriarty who
may conduct doorstep visits in order to engage and seek resolution. Details of
their privacy notice can be found here; https://resolvecall.co.uk/privacy-policy/
A note about Special Category
Information…
Certain types of data are classified as sensitive personal
(Special Category) data. Examples include:
-
Racial or ethnic origin
-
Religious or other beliefs of a similar nature
-
Physical or mental health or condition
-
Sexual life and sexual orientation
Moriarty will not process any sensitive personal information
about you; The exceptions may be where you (or someone acting on your behalf)
provide us with information on your physical or mental health in the course of
our dealings with you. We will not pass
your sensitive personal information onto a third party (other than 3rd parties
instructed to assist in collecting the outstanding balance as set out above or
the originating creditor) unless we have your consent to do, where you have
provided that information directly to third parties yourself or unless we are
legally required to do so, or due to reasons of physical or mental injury,
illness or disability, the processing is necessary due to safeguarding of
economic wellbeing.
We may monitor
and/or record phone calls between our call centre staff and you in order to
assist in providing both you and our staff additional security, to help resolve
complaints and for overall training and quality purposes.
Your rights
Under certain circumstances, by law you have the right to:
·
Request access to your personal
information (commonly known as a ‘data subject access request’. This enables
you to receive a copy of the personal information we hold about you and to
check that we are lawfully processing it. Subject access requests can be made
verbally or in writing.
·
Request correction of the personal
information that we hold about you. This enables you to have any incomplete or
inaccurate information we hold about you corrected; For all litigated cases, further conditions may apply.
·
Request erasure of your personal
information. You may ask us to delete or
remove personal information if we do not have a valid reason for processing it.
·
Object to processing of your personal
information where we are relying on a legitimate interest, (or those of a third
party), or object to processing of special category data where we are relying
on economic wellbeing, and there is something about your situation in relation
to which you want to object to processing on this ground.
·
Request to the withdrawal of your consent
where we are relying on your explicit consent for processing.
·
Request the restriction of processing of
your personal information. This enables you to ask us to suspend the processing
of personal information about you, for example if you want us to establish its
accuracy.
Should you wish to express any right as defined under Data
Protection Law, please get in touch with us using the details provided above (‘who
we are’).
All requests submitted are acknowledged to confirm receipt
and will be fulfilled within one calendar month, as defined under current Data
Protection Law. You are not required to pay a charge for exercising your right.
Data Retention
We will only retain
your personal data for as long as necessary to fulfil the purposes we collected
it for, including for the purposes of satisfying any legal, accounting, or
reporting requirements. When deciding what the correct time is to keep the data
for, we look at its amount, nature and sensitivity, potential risk of harm from
unauthorised use or disclosure, the processing purposes, if these can be
achieved by other means and legal requirements.
For tax purposes the
law requires us to keep basic information about our customers (including
contact, identity, financial and transaction data) for six years after they
stop being customers.
In some
circumstances we may anonymise your personal data for research or statistical
purposes in which case we may use this information indefinitely without further
notice to you.
Any Questions?
Please get in touch
with us using the details provided above (‘who we are).
Complaints
If you have concerns regarding your request for information,
or how we are processing data, you have the right to lodge a complaint with the
Information Commissioner’s Office (ICO) and the Legal Ombudsman (LeO);
Website: https://ico.org.uk/make-a-complaint/
Helpline:
0303 123 1113
Website:
https://www.legalombudsman.org.uk/
Helpline:
0300 555 0333
Moriarty Law adheres to high standards when it comes to
processing personal data for our client’s customers, if you feel that we have
not met these standards, please contact us by way of complaint using the
details provided above (‘who we are’).