Website terms & conditions

1. General 

1.1 Andrea Pierce Probate services Limited is a company registered Company Number 13078128. Registered office: Hoddes Cottage, Church Road, Doynton, South Gloucestershire, BS30 5SU. We are regulated by the Solicitors Regulation Authority (SRA).

1.2 We maintain professional indemnity insurance in accordance with our regulatory obligations as imposed by the SRA. Details of our professional indemnity insurance are available for inspection at our offices and/or on request.  

2. Availability and conditions of use 

2.1 This Website is made available to you by us. While we make every effort to ensure that the Website is available, we do not represent, warrant or guarantee in any way the Website’s continued availability at all times or uninterrupted use by you of the Website. We reserve the right to suspend or cease the operation of the Website from time to time at our sole discretion. 

2.2 As a condition of your use of the Website, you agree: 

2.2.1 not to use the Website for any purpose that is unlawful under applicable law, or prohibited by these terms and conditions; and 

2.2.2 not to defame, disparage anybody or in a manner which is obscene, derogatory or offensive; and 

2.2.3 to be responsible for ensuring that your use of the Website is consistent with all applicable laws and regulations. 

2.3 We reserve the right to prevent or suspend your access to the Website if you do not comply with any part of these terms and conditions or any applicable law. 

3. Ownership, use and intellectual property rights 

3.1 The Website and all content within the Website is owned and operated by us. We reserve all rights. 

3.2 The Website is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, revise, perform, reproduce, publish, license, deep-link, create derivative works from, transfer, or sell any information or content obtained from the Website unless expressly authorised by us. 

3.3 Any intellectual property rights (including without limitation all patents, copyright, database rights and trademarks (whether registered or unregistered)) subsisting in any content or material on the Website belong to us and/or our licensors. All rights are reserved for the benefit of ourselves and/or our licensors. Nothing in these terms and conditions grants you any rights in the Website or the content within the Website. 

4. Disclaimers 

4.1 While we use reasonable efforts to include accurate and up-to-date information on the Website, we do not represent, warrant or promise (whether express or implied) that any information is or remains accurate, complete and up to date, or fit or suitable for any purpose. Any reliance you place on the information on the Website is at your own risk. Nothing in these terms and conditions shall operate to prejudice any mandatory statutory requirement or your statutory rights. 

4.2 Content on the Website is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites which may be of interest. It does not constitute technical, financial, or legal advice or any other type of advice and should not be relied on for any purposes. 

5. Cookies and other information-gathering technologies 

5.1 Our Website may use cookies. Cookies are text files placed on your computer to collect standard Internet log information and visitor behaviour information. These cookies allow us to distinguish you from other users of the Website which helps us to provide you with a good experience when you browse our Website and also allows us to improve our Website. 

5.2 For more information on which cookies we use and how we use them, see our Cookies policy by clicking here. 

6. Hyperlinks and third party Websites 

6.1 The Website may contain hyperlinks or references to external third party websites. Any such hyperlinks or reference is provided for your convenience only. We have no control over third party websites and accept no responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not constitute an endorsement of such third party’s website, products or services. Your use of a third party Website may be governed by the terms and conditions of that third party Website. 

7. Equality and diversity 

7.1 We are committed to promoting equality and diversity in all our dealings with clients and third parties. 

8. Warranties and limitation of liability 

8.1 You agree that your use of the Website is on an ‘as is’ and ‘as available’ basis. Consequently we make no representations, warranties, conditions or other terms (whether express or implied) in relation to the provision of the Website, including without limitation as to completeness, accuracy and currency or any content and information on the Website, or as to satisfactory quality, or fitness for particular purpose. 

8.2 To the maximum extent permitted by applicable law, we exclude all liability (whether arising in contract, tort, breach of statutory duty or otherwise) which we may otherwise have to you as a result of: 

8.2.1 any error or inaccuracies in any information or material within or relating to the Website; 

8.2.2 the unavailability of the Website for whatsoever reason; and 

8.2.3 any representation or statement made on the Website. 

8.3 Under no circumstances shall we be liable to you for any loss or damage suffered (including without limitation direct or indirect losses) arising from your use of, or reliance on, the Website. 

8.4 We do not exclude or limit our liability for death or personal injury arising from our negligence, for any fraudulent misrepresentation made by us on the Website or for any other statutory rights which are not capable of being excluded. 

9. Indemnity 

9.1 If you are in breach of any of these terms and conditions, you agree to indemnify and hold us harmless in respect of any costs, expenses, claims, proceedings, actions, losses, damages or liabilities incurred by us in relation to or arising from such a breach. 

10. General 

10.1 We reserve the right to vary these terms and conditions from time to time without notifying you. By continuing to use and access the Website you agree to be bound by any variation made by us. It is your responsibility to check these terms and conditions from time to time to verify such variations. 

10.2 These terms and conditions contain the entire understanding and agreement between us and you in relation to your use of the Website and supersedes and replaces any representation, statement or other communication (whether written or otherwise) made by you or us which is not contained herein. 

10.3 Should any part of these terms and conditions for any reason be declared invalid or unenforceable by a court of a competent jurisdiction, it shall be deemed to be deleted without affecting the remaining provisions. 

10.4 These terms and conditions are governed and construed in accordance with the laws of England and Wales and you consent to the exclusive jurisdiction of the courts of England. 

PERSONAL DATA HANDLING STATEMENT (Privacy Statement) 

These are the main points that we want you to take away from our privacy policy: 

1. We will try to get the least amount possible of the best, most accurate data from you at the outset. We will then use that data in ways which you would expect us to generally or as we explicitly describe to you in writing, including in this policy. 

2. We will never share your data with any third parties without your prior approval except where we have a strict legal obligation to do so and we will always tell you about this in advance where we are legally allowed to. 

3. If you get marketing from us, it will be relevant to you or it will be about our services and it will never be about unrelated third parties unless we’ve agreed that with you in advance. We will not send you the type of marketing that would need your consent, and we will always provide an “opt-out” or “unsubscribe” option. 

4. We are Andrea Pierce Probate Services Limited, a registered Company in England and Wales with number 13078128. Registered office: Hoddes Cottage, Church Road, Doynton, South Gloucestershire, BS30 5SU.  

5. We are the Data Controller as defined under the Data Protection Legislation in relation to the personal data collected by us and we are registered with the Information Commissioner’s Office in the UK (the ICO) with number TBC. 

6. Our Data Protection Officer (DPO) is Andrea Pierce. If you need to have this information in another format (for example, in a larger font or in another language) to understand it, please let us know. 

7. We are required to manage the way we hold personal data about actual persons in order to meet our legal, regulatory and operational obligations. We want to reassure all our clients and contacts that we take our responsibilities seriously. We aim to be as transparent as possible in our processing of personal data and this policy is the main way in which we do that. 

8. Any personal data, whether it is held on paper, on computer or other media, is subject to certain legal safeguards as specified in the Data Protection Legislation. 

9. Data Protection Legislation means the UK’s Data Protection Act 2018 and the relevant parts of the General Data Protection Regulation (EU) 2016/279). The Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2016 (SI 2016/524); and other data protection rules, policies, directions and regulatory guidance that we are subject to from time to time. 

10. This policy applies to any personal information we collect about: clients including prospective, potential and former clients and beneficiaries of an estate; business contacts or those we come across at networking events, or work collaboratively with; people who make enquiries or requests under the Data Protection Legislation; visitors to our Website; and anyone who sends us anything which constitutes personal data for any reason. 

11. Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data). 

12. We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows: 

Identity Data includes first name, maiden name, last name, passport number/driving license or similar identification (including photographic), marital status, title, date of birth and gender and also information regarding who you are to us (such as a client or a member of the public) and sometimes (for conflict and professional reasons) how/whether you are related to another client or person; 

Contact Data includes billing or home address, email address and telephone numbers. 

Financial Data includes bank account and payment card details. 

Transaction Data includes details about payments to and from you and other details of services or anything else you have purchased from or through us. 

Technical Data includes 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 our Website. 

Usage Data includes information about how you use our Website, products and services. 

Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences in relation to our newsletter and our agreed methods for contacting you generally. 

13. Some information is defined in the Data Protection Legislation as falling under a special category of personal data. This is information about you which relates to racial or ethnic origin, political opinions, religious or philosophical beliefs, membership of a trade union, genetic and biometric data processing, health data, data about sex life or sexual orientation. Nor do we normally collect any information about criminal convictions and offences. We will only process this type of data with your explicit consent. 

14. We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances: 

(Contract) Where we need to perform the contract we are about to enter into or have entered into with you (Contract). For example: to provide legal advice and related services to you. 

(LI) Where it is necessary for our legitimate interests (LI) (or those of a third party) and your interests and fundamental rights do not override those interests. For example: where we need to contact you to let you know about a legal claim or when we send you newsletters or other updates. 

(Legal) Where we need to comply with a legal obligation; and 

(Vital) Very rarely – where we have to act to protect your vital interests where you are unable to give consent. This usually applies to emergency services, but we want to help protect your vital interests as best we can and we will only use this legal basis in a real emergency. 

15. We ensure that the data we collect is processed on a specific legal basis. We do not transfer any data outside the UK without telling you first. If you have any questions about the legal bases upon which we say we are processing your personal data below, please contact us. 

16. Keeping our data up to date is both your responsibility and ours. It helps us to keep your personal data up to date if you: - Check that any personal data you provide to us is accurate and up to date when you give it to us. 

- Tell us if anything changes e.g. a change of address as soon as possible after changing it 

- Check that any information we send you is accurate: if we get something wrong, please tell us straight away so that we can correct it. 

17. We use different methods to collect data from and about you including through:
Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email, social media networking (such as LinkedIn) or otherwise. This includes personal data you provide when you:

- apply for our products or services or instruct us to act for you; 

- email us directly for any reason; 

- meet us in person or speak with us over the phone; 

- provide/exchange business cards or connect with us on social media; 

- input your details on any of our website; 

- subscribe to our service or publications; 

- request marketing to be sent to you; 

- enter a competition, promotion or survey; 

- give us feedback or contact us; or 

- leave or send data to or at our premises. 

 Automated technologies or interactions. As you interact with our Website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies. We may also receive Technical Data about you if you visit other Websites employing our cookies. 

Third parties or publicly available sources. We will receive personal data about you from various third parties and public sources as set out below: 

Technical Data from the following parties:
- analytics providers such as Google based outside the EU; 

- advertising and social media networks such as LinkedIn Ireland Unlimited Company based inside the EU and the LinkedIn Corporation based in the USA; and 

- search information providers based inside the EU. 

Identity and Contact Data from; 

- publicly available sources such as Companies House, Land Registry and the Electoral Register based inside the EU. 

- tracing service providers in order to locate you in order to carry out legal or contractual rights and obligations. 

18. If we hold personal data about you (for example it has been given to us by someone else, rather than by you directly), we have to provide you with some information, unless you hold that information already. It is processed on the basis of our legitimate interest: normally that will be for the purposes of progressing our legal work for the client concerned. 

19. What we hold. You have a right to know what personal data we hold about you, for it to be corrected if wrong and you have a right to know where that data came from. In some circumstances you may have the right to request erasure of some or all of that data which identifies you. You have the right to lodge a complaint with the Information Commissioners Office at https://ico.org.uk/ 

20. Cookies. We may use Cookies which are small text files stored on your computer while you are visiting a website. Cookies help make websites work. They also provide us with aggregated information about how users interact with our Website. We use this information to try to improve your experience on our Website and the quality of service we provide. Cookies help us do this by allowing us to remember personal settings you have chosen at our Website. We do not use cookies in any other way to collect information that identifies you personally. Most of the cookies we set are automatically deleted from your computer when you leave our Website or shortly afterwards. 

21. Data Retention. We keep some data longer than others. We have a Data Retention Policy which enables us to identify which data must be preserved and which data must be erased, to comply with the storage limitation requirements of GDPR. We will keep your personal data only for as long as is necessary to ensure we can fulfil our business requirements and to comply with our regulatory requirements and will then confidentially destroy that data in line with our Data Collection and Retention Policy and Procedure. We can retain personal data if we need it to meet our legal, regulatory and operational requirements in accordance with our Data Retention Policy; a copy of which is available on request. 

22. Knowing your rights under data protection. As an individual, you have these rights: - The right to be informed 

- The right of access 

- The right to rectification 

- The right to erasure 

- The right to restrict processing 

- The right to data portability 

- The right to object 

- Rights in relation to automated decision making and profiling 

23. Your right to be informed. You have a right to be informed as a data subject of the data we hold and process about you. This policy document is intended to do that. If you have any questions or if you feel that this Policy does not deal with your concerns or questions, please contact us. 

24. Your right of access to personal information. We try to be as open as we can about giving people access to their personal information. Individuals can find out if we hold any personal information by making a request under the Data Protection Legislation. If we do hold information about you we will: - give you a description of it; 

- tell you why we are holding it; 

- tell you who it could be disclosed to and 

- let you have a copy of the information 

To make a request to us for any personal information we may hold you need to put the request in writing to us. If you agree, we may try to deal with your request informally, for example by providing you with the specific information you need over the telephone. We will still need to verify your identity if we do this. We will need to satisfy ourselves as to your identity. Please therefore send us proof of who you are so that we know we are sending the information to the right person. 

25. Your right to erasure. This is a right to ask us to delete any data we hold about you. You can ask us to do this. We will not be able to delete data in situations where there is a legal or regulatory need to retain it and we will explain this if it happens. We may also be unable to fully delete computer-held data because of system design restrictions and again we will explain this if it happens. 

26. Your right to restrict processing. This is a right to ask us to restrict the processing of any data we hold about you. You can ask us to do this by contacting us. 

27. Your right to data portability. You have a right to ask us to transfer certain data to another organisation. You can ask us to do this by contacting us. 

28. Your right to object. When and if we process your data based on our legitimate interests, you have a right to object to that processing. You can ask us to do this by contacting us. Your rights in relation to automated decision-making and profiling. 

Version 2 – September 2023