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
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 ('About Us').
You
have the right to refer to the Information Commissioner's Office (IOC) and the
Legal Ombudsman (LeO) if you remain unhappy with our complaint outcome.
ICO:
Website: https://ico.org.uk/make-a-complaint/
Helpline: 0303 123 1113
The Legal Ombudsman:
Website: https://www.legalombudsman.org.uk/
Helpline: 0300 555 0333