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.

Recorded phone calls

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’).

 

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