Privacy Notice
Effective 28 February 2021
Introduction
MDS Law Holdings Ltd is a limited company registered in England and Wales under number 12570685. It is a law firm authorised and regulated by the Solicitors Regulation Authority (“SRA”) of England and Wales under number 806673.
MDS Law Holdings Ltd is not authorised by the Financial Conduct Authority (FCA).
MDS Medical Law is a trading name of MDS Law Holdings Ltd.
MDS Medical Law are not authorised by the Financial Services Authority. However we are included on the register maintained by the Financial Conduct Authority so that we may carry on out insurance mediation activity, which is broadly advising on, selling and administration of insurance contracts. This part of our business, including arrangements for complaints or redress if something goes wrong, is regulated by the Solicitors Regulation Authority. The register can be accessed via the Financial Services website.
Privacy Notice
2.1 Privacy Notice
In accordance with the Data Protection Act 2018 and the General Data Protection Regulation (GDPR) Regulation as incorporated into the law of the United Kingdom by virtue of the European Union (Withdrawal) Act 2018 (and known as the UK GDPR), this Data & Privacy Notice explains, in detail, the types of personal data we may collect about you when you interact with us. It also explains how we’ll store and handle that data and keep it safe.
At MDS Law Holdings Ltd, we want to make your experience satisfying and safe. The following sets out our information-gathering and dissemination practices for the information which we hold.
If you have any questions or queries regarding this Policy, please contact enquiries@moosaduke.com. We will do our best to deal with your questions or queries as soon as possible.
We may update this Policy at any time without notice. Updates will be marked with a new edition number and dated accordingly. You agree to review this Policy regularly and to be bound by the Policy as it appears on our website.
2.2 Privacy legislation
MDS Medical Law is subject to UK and European privacy legislation and the General Data Protection Regulation (GDPR), which regulate the use of individuals’ personal information. This legislation imposes specific requirements on MDS Medical Law. All personal information supplied by you to us online via the website, by telephone, or in person will be protected by us in accordance with current applicable privacy legislation and the terms of this Policy.
2.3 What personal information do we collect?
It is not necessary for you to provide us with any personal information in order for you to access the general information sections of the website. However, if you wish to benefit from any of the online services that we offer via the website and/or to register with us, you will need to provide us with certain personal information such as your name and contact details including your e-mail address.
Contact Us – If you request for a member of the team to contact you, we will collect your name, phone number and email address.
When we contact you, we will collect personal information from you about your potential claim. We need this information to assess whether you have a claim that we are able to help you with, and for marketing analysis. The provision of your personal data is a requirement for us to provide this assessment for you.
Any data that you submit using our web form will be held by MDS Medical Law as Data Controller and will be held securely and in accordance with the General Data Protection Regulation UK for 6 months before being securely and confidentially destroyed.
Your data will not be disclosed to any third parties without your consent or as otherwise allowed by the relevant Data Protection legislation and will only be used for responding to your query (or purposes associated with that purpose).
You have the right to be informed about what data we hold about you along with other rights set out in the legislation. Further information about your rights under the data protection legislation can be found at www.ico.org.uk
Telephone Calls
We may monitor or record telephone conversations to enhance your security and ours, to enable us to handle complaints efficiently, improve our client service and for staff training purposes. If your telephone conversation with us will be recorded, then you will receive a message to this effect prior to the start of your conversation with us.
2.4 How will we use your information? Conditions for processing data
Except as otherwise stated above, we will use the information that you provide to us (via the website, by telephone, in writing or in person) for the purposes of:
- providing you with any service(s) that you have requested;
- dealing with your requests and/or enquiries;
- carrying out analysis;
- improving the quality of our services;
- maintaining our records for administrative purposes;
- tracking activity on our website;
- protecting our website against unauthorised access;
- assisting with police investigations and/or enquiries;
- complying with statutory and/or regulatory obligations;
- sending you marketing information that we believe may be of interest to you.
Contractual obligations
The main purpose for our holding your data is to provide you with legal services under the agreement we have with you. This agreement is a contract between us and the law allows us to process your data for the purposes of performing a contract (or for the steps necessary to enter in to a contract). We may also need to process your data to meet our contractual obligations to the Legal Aid Agency where you receive legal aid to fund your case or advice.
Who do we disclose your information to?
Except as provided below, we will not share your personal information with any third parties:
- We may be required by law to disclose your personal information to third parties such as the Law Society, Solicitors Regulation Authority and/or the Financial Services Authority.
- We may disclose your personal information to the police or other public sector bodies with authority to request such information and/or fraud prevention agencies for the purpose of preventing fraud/loss, to prevent, detect or discourage crime and/or for the apprehension or prosecution of offenders.
Usage tracking
MDS Medical Law sometimes tracks and catalogues the search terms that users enter in our Search function, but this tracking is never associated with individual users. We use tracking information to determine which areas of our sites users like and don’t like based on traffic to those areas. We do not track what individual users read, but rather how well each page performs overall. This helps us continue to build a better service for you.
Cookies
Cookies are a small amount of data sent from the server, which is then stored on your computer’s hard disc drive. We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual. For the same reason, we may obtain information about your general internet usage by using a cookie file that is stored on the hard drive of your computer. Cookies help us to improve our service and to deliver a better and more personalized service.
You can delete all cookies that are already on your computer and you may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our services. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our services, unless the cookies to be issued require your informed consent.
We use Google Analytics to store information such as the time you visit the Website, whether you have visited before and the website that you visited prior to visiting our Website. For further information about Google Analytics please see http://www.google.com/intl/en/analytics/privacyoverview.html.
Transfer of personal information
By submitting personal information to MDS Medical Law, you agree that MDS Medical Law may legitimately transfer your personal information to third parties located outside of the European Economic Area.
You also agree that in the event that MDS Medical Law were to undergo any form of restructuring, whether by acquisition, merger or otherwise, we may continue to use and share your personal data across the restructured firm.
Your Responsibilities
If any of your information changes, it is your sole responsibility to notify us about the change as soon as possible. It is your sole responsibility to ensure that all usernames and passwords issued to you are kept safe and secure.
Security
MDS Medical Law operates secure data networks protected by industry standard firewall and password protection systems. Our security and privacy policies are periodically reviewed and enhanced as necessary and only authorized individuals have access to the information provided by users of our website and our clients.
Please note that whilst we endeavour to take all reasonable steps to protect your personal information, we cannot guarantee the security of any personal information and/or other data that you disclose to us online via the website. You accept the inherent risks of providing information and dealing online over the internet and you will not hold us responsible for any breach of security unless this is due to our negligence or wilful default.
Your consent
By using this website, you consent to the collection and use of your personal information by MDS Medical Law in accordance with the terms of this Privacy Policy. If at any time you wish to cease using your personal information, please contact enquiries@moosaduke.com.
Withdrawal of Consent
If you withdraw your consent to the processing of your personal data at any time, it may mean we will not be able to provide all or parts of the products or services you have requested from us. Please be aware that in these circumstances you will not be able to obtain a refund of any fees or monies you would have paid.
On the other hand, if for example you withdraw your consent to us sending you marketing communications, then such withdrawal should not have any affects.
Access to your information
We will make your personal data available to you for review pursuant to a simple request from you. If you tell us that the personal data which we hold about you is incorrect or is used inappropriately, we will correct, update or delete such person data as appropriate. You also have other rights such as the right to request from us erasure of personal data or restriction of processing or to object to processing and the right to data portability. For information about how to get access to your personal data and for exercising your rights, please contact us at enquiries@moosaduke.com
In the event you require a copy of your personal data that we retain, we will provide it to you in accordance with the requirements of the GDPR ie within one month.
Whilst we will not charge for the request, we reserved the right to charge for repeated requests as allowed by the legislation.
2.5 Copyright
The copyright and all other intellectual property rights (including but not limited to database rights) in all materials included on the website (including without limitation designs, texts, pictures, graphics, logos, images and the selection and arrangement of them) and in all software compilations, coding, underlying source code and software belong to us unless otherwise acknowledged. ALL RIGHTS ARE RESERVED.
Whilst you may print or download extracts from the website for your personal use you may not otherwise download, copy, reproduce, redistribute, republish, transmit, adapt, alter, create derivative works from or otherwise extract or reutilise any material contained on this website for commercial purposes.
Linking
Linking to or framing of this website without the prior written consent of MDS Medical Law is prohibited.
From this website you may be able to access websites operated by others. We do not endorse such websites nor do we accept responsibility for any damage or loss you may suffer from accessing such websites or any material on them.
Viruses
Please note that viruses and similar destructive programs are an inherent risk of communication via the Internet. Whilst we will use our reasonable endeavours to prevent contamination of any material accessed by you via the website, we do not to the maximum extent permitted by law, accept any liability for any virus or similar destructive code which computer equipment and/or software used by you may suffer as a result of you accessing this website and/or as a result of any other communication via the Internet between you and us.
It is your sole responsibility to scan what you choose to download from this website to ensure that it is free from viruses, worms, Trojan horses and other similar destructive code.
Registration
If you wish to register to any of the services provided via this website, you agree to provide accurate, current and complete information about yourself when completing your registration. We will use this information for the purpose of processing and managing your registration and in order to provide the relevant services to you.
Any user name and/or password we issue to you are personal to you and you may not share these with and/or transfer these to any third party. You are solely responsible for any user name and/or password and you shall immediately notify us if you are aware of any breach of security.
Any user name and/or password must not be offensive and/or vulgar and we reserve the right to block your use of the website if we reasonably believe the user name and/or password to be inappropriate for any reason.
We may at our sole discretion and for any reason, suspend and/or cancel your registration to any of our services.
Website content disclaimer
The information contained in this website is provided on an “as is” basis. The information is given in good faith for general information only and is subject to change without notice. MDS Medical Law uses its reasonable efforts to ensure its accuracy but makes no representation and gives no warranty as to its accuracy or otherwise.
To the fullest extent permitted by law all such representations and warranties whether expressed or implied are excluded.
Nothing in this website is intended to be, nor should it be, construed as being an offer to enter into a contractual relationship.
The information on this website does not constitute legal advice and you should not rely on any information contained in this website as if it were legal or other professional advice.
MDS Medical Law accepts no liability for any loss or damage howsoever arising, whether direct, indirect, special or consequential, which may be suffered by any person in accessing, downloading, using or relying on any information or other materials contained in this website, save that nothing in this notice shall restrict or exclude MDS Medical Law’s liability for death or personal injury resulting from MDS Medical Law’s negligence or fraud or which is otherwise not permitted by law.
Jurisdiction
Any dispute between you and MDS Medical Law in relation to this website, or your use of it, or any content shall be governed by English law and you submit to the exclusive jurisdiction of the English courts.
YouTube cookies
From time to time we embed videos from YouTube using YouTube’s privacy-enchanced move. This mode may set cookies on your computer once you click on the YouTube video player, but YouTube will not store personally-identifiable cookie information for playbacks of embedded videos using the privacy-enhanced mode. To find out more please visit Google’s information page.
Who is the Data Controller?
Ms Mehmooda Duke
MDS Medical Law
11 De Montfort St
Leicester
LE1 7GE
enquiries@moosaduke.com
0116 254 7456
Who is the Data Protection Officer?
Mr Asif Moosa
MDS Medical Law
11 De Montfort St
Leicester
LE1 7GE
enquiries@moosaduke.com
0116 254 7456
Sharing your data
When you contact us with a new enquiry or you become a client of the firm we collect details from you to include your name, address, date of birth, telephone number, email address, national insurance number and bank details. We may also obtain your medical records and records from other sources such as your employers and the DWP. We will only obtain data from or share the data with others with your express written consent.
Who will your data be shared with?
Your data may be shared with, for example
barristers, defendant organisations, medical experts, dictation companies, record sorting companies, financial advisers, costs draughtsmen, legal Aid Agency, Insurance companies.
We only share data with express written consent from you.
Your data will be shared in a secure manner. Emails and discs will be encrypted.
How long will your data be held for?
The time period for which we keep information varies according to what the information is used for. In some cases, there are legal requirements to keep data for a minimum period. Unless there is a specific legal requirement for us to keep the information, we will retain it for no longer than is necessary for the purposes for which the data was collected or for which it is to be further processed.
The data may be stored on one or more databases directly or indirectly maintained by MDS Medical Law. We employ industry standard security measures to protect the confidentiality of the information, but whilst we cannot guarantee that any loss, misuse or alteration of data will not occur, every effort is made to prevent such occurrences. Any particularly sensitive information (such as credit card details) is encrypted prior to transmission to us and will only be stored in encrypted systems.
If you only make a new enquiry and do not become a client of the firm, your data will be stored for 3 years.
If you are a client of the firm your data will be erased as follows after conclusion of your case:
- Adults – 6 years ;
- Child – after 24th birthday
- Persons under a disability – Never.
Your Rights in respect of your personal data
You have the right to
- Have your personal data rectified, restricted or erased. This right however does not override legal obligations.
- Transfer to another controller
- Access your data. Please contact the data controller with a written request ( details above).
- Withdraw your consent at any point.
- Complain if you feel our rights are being violated. Please contact the data controller in writing.
- Write to the ICO if you are not satisfied with how MDS Law Holdings Ltd has dealt with your complaint.
We do not use your data for any automated decision-making, or profiling.
Security – How do we protect your data
We take protecting your data very seriously and are committed to ensuring that your data is secure. The data you give us may be subject to Legal Professional Privilege and is often extremely sensitive and confidential.
With this in mind we will treat your data with the utmost care and take all appropriate steps to protect it. We have clear data protection and information security policies and procedures in place (along with Regulatory and other legal obligations to keep your data safe) and these are regularly assessed as part of our Quality Standards and compliance processes.
We protect our IT system from Cyber Attack. Access to your personal data is password-protected, and sensitive data is secured by encryption.
We regularly monitor our system for possible vulnerabilities and attacks, and we carry out penetration testing to identify ways to further strengthen security.
Where is your data processed?
Your data is stored and processed within the EEA. If we ever have to share your personal data with third parties and suppliers outside the European Economic Area (EEA) we will seek your specific consent to do so.
The EEA includes all EU Member countries as well as Iceland, Liechtenstein and Norway.
CCTV Data Protection Policy
MDS Law Holdings Ltd operates a CCTV system to record access and activity around the perimeter of the office premises at 11 De Montfort St, Leicester, LE1 7GE. The CCTV system records images of people around the site in order to detect intruders and to maintain the safety of staff and visitors.
The recorded images are retained for 30 days.
In the case of an incident being investigated, CCTV footage may be shared with Police Officers.
Those whose personal data is recorded by these means – the data subjects – have the right: to ask for access to, rectification or erasure of their personal information; to restrict processing (pending correction or deletion); to object to communications; and to ask for the transfer of their personal information electronically to a third party (data portability).
Some of these rights are not automatic, and we reserve the right to discuss with the data subject why we might not comply with a request from them to exercise such rights.
If data subjects have questions or concerns about their personal information, or how it used, they are invited to speak to the Data Protection Officer at enquiries@moosaduke.com
Changes to our privacy policy
We may change our privacy policy from time to time or how your data is processed under the Data Protection Act. New policies will be published on our web site or listed at the UK Government’s Information Commissioner.
Further details
Further details about your rights under the GDPR can be accessed here.
