Missing Beneficiaries in Estates – Tracing Missing Individuals

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“Heirline” Genealogists Privacy Notice for the purposes of the General Data Protection Regulations 2018

Privacy Notice

This is the privacy notice of Neil Roderick Allan trading as “Heirline” Missing Beneficiaries Genealogists. In this document, “we”, “our”, or “us” refer to Heirline. We are a trading name of an individual not registered as a limited company. Our sole place of business is at Osborne House, 4 Dundarroch Road, Ballater AB35 5NP, Scotland, United Kingdom.

Introduction

  1. This privacy notice aims to inform you about how we collect and process any information that we collect from you, or that you provide to us. It covers information that could identify you (“personal information”) and information that could not. In the context of the law and this notice, “process” means collect, store, transfer, use or otherwise act on information, though we do very little of it. It tells you about your privacy rights and how the law protects you.
  2. We are committed to protecting your privacy and the confidentiality of your personal information. Our policy is to comply with the law, showing that you and your personal information are not misused by us.
  3. We undertake to preserve the confidentiality of all information you provide to us.
  4. Our policy complies with UK law accordingly implemented, including that required by the EU General Data Protection Regulation (GDPR).
  5. The law requires us to tell you about your rights and our obligations to you in regards to the processing and control of your personal data. For more detail on the legal position , please read the information provided at http://www.knowyourprivacyrights.org
  6. Except as set out below, we do not share, or sell, or disclose to a third party, any information collected through our website.
  7. Data Protection Officer
  8. Since we are a sole trader, our “Data Protection Officer” is perforce the same person as the owner namely Neil Roderick Allan. Our e-mail address is neil@heirline-missing-beneficiaries.co.uk. We are registered under the General Data Protection regulations with the Office of the Information Commissioner, register entry Z2227016.
  9. Data we process
    We may collect, use, store and transfer different kinds of personal data about you. We have collated these into groups as follows: Your identity includes information such as first name, last name, title, date of birth, and other identifiers that you may have provided at some time. Your contact information includes information such as address, email address, telephone numbers and any other information you have given to us for the purpose of communication or meeting.

    There may be on our system technical data including your internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website. The law requires us to say this, but if it is on our system we do not know where it is..

    We do not aggregate anonymous data such as statistical or demographic data for any purpose. “Anonymous data” is data that does not identify you as an individual.

  10. Special personal information
    Special personal information is data about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data. We do not collect any special personal information about you.
  11. The bases on which we process information about you
    The law requires us to determine under which of six defined bases we process different categories of your personal information, and to notify you of the basis for each category. If a basis on which we process your personal information is no longer relevant then we shall immediately stop processing your data. If the basis changes then if required by law we shall notify you of the change and of any new basis under which we have determined that we can continue to process your information.
  12. Information we process because we have a contractual obligation with you
    About 95% of our business comes from law firms in Scotland. The rest are individuals seeking a missing family member, or as the case may be. When you buy a service from us, or otherwise agree to our terms and conditions, a contract is formed between you and us. In order to carry out our obligations under that contract we must process the information you give us. Some of this information may be personal information. We may use it in order to only to provide you with our services The only persons to whom it is passed on are yourselves as our instructing party, or occasionally members of deceased person’s family whom we disclose details to in order to establish the whereabouts of other members of the same family. The purpose of this is to enable them to get their inheritance.

    We process this information on the basis there is a contract between us, or that you have requested we use the information before we enter into a legal contract.

    We shall continue to process this information until the contract between us ends or is terminated by either party under the terms of the contract.

  13. Information we process with your consent
    Through certain actions when otherwise there is no contractual relationship between us, such as when you browse our website or ask us to provide you more information about our business, you provide your consent to us to process information that may be personal information. We do not pass your name and contact information to selected third parties who would attempt to sell you things.. You may withdraw your consent at any time by instructing us at neil@heirline-missing-beneficiaries.co.uk.

  14. Information we process for the purposes of legitimate interests
    We may process information on the basis there is a legitimate interest, either of:• record-keeping for the proper and necessary administration of our business
    • protecting and asserting the legal rights of any party
    • insuring against or obtaining professional advice that is required to manage professional negligence risk
    • protecting your interests where we believe we have a duty to do so
  15. Information we process because we have a legal obligation
    Sometimes, we must process your information in order to comply with a statutory obligation. For example, we may be required to give information to legal authorities if they so request or if they have the proper authorisation such as a search warrant or court order. This may include your personal information.

    Specific uses of information you provide to us

  16. Information provided on the understanding that it will be shared with a third party
    The circumstances where we share information you have provided to a third party are where we tell prospective beneficiaries or members of their family about you. This is already information in the public domain. Provided your request is reasonable and there is no legal basis for us to retain it, then at our discretion we may agree to your request to delete personal information that you have posted. You can make a request by contacting us at the e-mail address above.
  17. Complaints regarding content on our website
    We are not a Social Media organisation hence persons cannot leave comments on our website. If you complain about any of the content on our website, we shall investigate your complaint.
  18. Information relating to your method of payment
    We seek payment by cheque or BACS. Payment information as to your banking/card details is not taken by us or transferred to us either through our website or otherwise.

  19. Information about your direct debit
    We do not accept payment by direct debits.
  20. Communicating with us
    When you contact us, whether by telephone, through our website or by e-mail, we collect the data you have given to us in order to reply with the information you need. We record your request and our reply in order to increase the efficiency of our service.
  21. Complaining
    When we receive a complaint, we record all the information you have given to us. and use that information to resolve your complaint. If your complaint reasonably requires us to contact some other person, we would give to that other person some of the information contained in your complaint. We do this as infrequently as possible, since complaints are rare, but it is a matter for our sole discretion as to whether we do give information, and if we do, what that information is..
  22. Affiliate and business partner information
    We have no affiliates or business partners.
    Use of information we collect through automated systems when you visit our website

  23. Cookies
    Cookies are small text files that are placed on your computer’s hard drive by your web browser when you visit any website. We do not use cookies

  24. Personal identifiers from your browsing activity
    Requests by your web browser to our servers for web pages and other content on our website (which would be rare) are not recorded..
    Disclosure and sharing of your information
  25. Information we obtain from third parties. Although we do not disclose your personal information to any third party (except as set out in this notice), we sometimes receive data that is indirectly made up from your personal information from third parties whose services we use. No such information is personally identifiable to you.
  26. Third party advertising on our website
    Third parties do not advertise on our website.

  27. Data may be processed outside the European Union
    Our websites are hosted in the UK.

    We use the following safeguards with respect to data transferred outside the European Union:

    – both our organisation and the processor are public authorities between whom there is either a legally binding agreement or administrative arrangements approved by a supervisory authority in the UK relating to protection of your information.

    Control over your own information

  28. Your duty to inform us of changes
    It is not important whether the personal data we hold about you is accurate and current.
  29. Access to your personal information
    At any time you may review or update personally identifiable information that we hold about you, by signing in to your account on our website. To obtain a copy of any information that is not provided on our website you should contact us to make that request. After receiving the request, we will tell you when we expect to provide you with the information, and whether we require any fee for providing it to you.
  30. Removal of your information
    If you wish us to remove personally identifiable information from our website, you should contact us to make your request. This may limit the service we can provide to you.
  31. Verification of your information
    When we receive any request to access, edit or delete personal identifiable information we shall first take reasonable steps to verify your identity before granting you access or otherwise taking any action. This is important to safeguard your information.
    Other matters
  32. Use of site by children
    We do not provide services for purchase by children, nor do we market to children.

  33. How you can complain
    If you are not happy with our privacy policy or if you have any complaint then you should tell us. If a dispute is not settled then we hope you will agree to attempt to resolve it by engaging in good faith with us as to the legal liability. If you are in any way dissatisfied about how we process your personal information, you have a right to lodge a complaint with the Information Commissioner’s Office (ICO). This can be done at https://ico.org.uk/make-a-complaint/. We would, however, appreciate the opportunity to talk to you about your concern before you approach the ICO.
  34. Retention period for personal data
    Except as otherwise mentioned in this privacy notice, we keep your personal information only for as long as required by us:• to provide you with the services you have requested;
    • to comply with other law, including for the period demanded by our tax authorities;
    • to support a claim or defence in court.
  35. Compliance with the law
    Our privacy policy has been compiled so as to comply with the law of every country or legal jurisdiction in which we aim to do business. If you think it fails to satisfy the law of your jurisdiction, we should like to hear from you. However, ultimately it is your choice as to whether you wish to use our website.
  36. Review of this privacy policy
    We may update this privacy notice from time to time as necessary. The terms that apply to you are those posted here on our website on the day you use our website. We advise you to print a copy for your records.If you have any question regarding our privacy policy, please contact us.

General notes

The EU Data Protection Directive (95/46/EC), implemented as the General Data Protection Regulation, or the GDPR, came into force on 25th May 2018.

In the UK, the Data Protection Bill enshrines the law in the GDPR, making it applicable even after the UK leaves the European Union.

The requirements under the new law are similar in extent to existing data protection law in the UK. If your business complies with existing law, then the changes you need to make are likely to be small.

The possible implications for non-compliance are now much more severe. In theory, the Information Commissioner’s Office (the ICO) has the power to fine a business 4% of its annual worldwide turnover.