Privacy Policy

Restful Wills is a trading name and style.

Restful Wills has an address in Leicester and the contact details are as follows:

Telephone:     07947625286:            

Email:            info@restfulwills.co.uk

This company highly appreciates the importance and need for privacy and security. All reasonable steps will be taken to protect the security on our website and the data and documentation you provide to us.

The Data Protection Act 2018 controls how your personal information is used by organisations, businesses or the government.  The Data Protection Act 2018 is the UK’s implementation of the General Data Protection Regulation (GDPR).

Everyone responsible for using personal data has to follow strict rules called ‘data protection principles’. They must make sure the information is:

• used fairly, lawfully and transparently
• used for specified, explicit purposes
• used in a way that is adequate, relevant and limited to only what is necessary
• accurate and, where necessary, kept up to date
• kept for no longer than is necessary
• handled in a way that ensures appropriate security, including protection against unlawful or unauthorised processing, access, loss, destruction or damage

The legal basis on which any personal information that the Company collects from you, or that you provide to it, will be processed is as follows. This information may be collected during meetings, [by completing a contact form on the Company website,] in correspondence or in telephone conversations.

1. Personal information may be processed by me/the Company for a number of legitimate purposes, including:

• To carry out its obligations under this agreement.
• To provide you with information, products and/or services which the Company believes may be of interest to you, provided that you have given your consent.
• For accounting purposes and statistical analysis.

2. I/the company will maintain client files for a period of 6 years after your death, or for a period of 6 years after you have notified me in writing that your document(s) have been revoked, whichever event occurs first.
3. I/the company may disclose your personal information to its partner firms and/or sub-contractors who it relies on to be able to provide its services to you, but in doing so it will ensure that they apply the same or greater controls in terms of data protection as I/the Company will only do this with your prior consent.

4. I/the Company may also disclose your personal information in the following circumstances:

• If I/the Company or substantially all of its assets are acquired by a third party, in which case personal information held by me/the company about clients will be one of the transferred assets.
• To prevent fraud or if required to do so by law.

5. Other than as provided in sections (a) to (d) above, I/the company will not disclose any personal information to anyone outside of the company without your specific permission.
6. Whenever the I/the Company process personal information as described in sections (a) to (d) above I will ensure that we always keep the Personal Data rights of you and anyone whose personal information that you provide in high regard and will take account of these rights. You have the right to object to this processing and if you wish to do so, please contact the me at my address below. Please bear in mind that if you object, it may affect my ability to carry out my obligations under this agreement and/or to provide products or services to you.

7. All personal information will be held by me/the Company under appropriate security and within the European Union.
8. You have a right to request a copy of the personal information provided by you that the Company processes. If you would like a copy of some or all of this personal information, please contact the me at the address on this letter.
9. I/the Company want to make sure that personal information processed is accurate and up to date and you may ask it to correct or remove information that you think is inaccurate.
10. If you wish to raise a complaint on how your personal information has been handled, please contact me and I will investigate further. If you are not satisfied with my response or believe I am not processing your personal information in accordance with the law, you can complain to the Information Commissioner’s Office (ICO). Their contact details are given below.

When you provide a work email address we will not be responsible for third parties having access to any correspondence sent to you.

To assist us in preventing fraud and money laundering, your details may be submitted to fraud prevention agencies and other organisations where your records may be searched.

Your information may be shared with third parties to comply with the law. This may be to protect this company or the rights of others in relation to property or safety.

In the event of phone calls from you, we also reserve the right to ask security questions to satisfy ourselves that you are who you claim to be.

To keep your information secure and to reduce the risk of unauthorised access to your information we may use some of your information to authenticate you when using the website.

Length of time information is held

Due to the nature of the business we keep information and documentation about you for 6 years after your death or 7 years until after we are informed the legal documents provided for you have been revoked.  This will depend on being informed by you or your representatives that this has taken place Your representatives may want/need information about services or documents provided for you after you are deceased.

Your contact details for the purpose of sending you marketing information and/or passing your contact details to third parties will be kept until your consent for that specific purpose is withdrawn, if given.

Information is kept in respect of complying with the Law.

Amending and Retaining your Information and Details:

Please inform us of any changes in your details or information. Without this we may not be able to contact you when the need arises or provide you with a necessary service.

You have a statutory right of access to accessible personal and/or sensitive personal data that we hold about you.

Website Cookies

Cookies are text files created and saved to the hard drive of your computer (any device from which internet access can be gained from) when you use a certain website.

Our website uses ‘cookies’ which can relate to the individual time you use the website or be cookies that stay on your computer until you delete them.

You may control cookies by using relevant settings on your computer.

Cookies can be deleted from your hard drive and you will have to follow instructions in relation to your specific computer/application. These can be obtained from the internet or from the company from whom you purchased your computer or application.

You may accept, view or delete cookies on your device.

Cookies which advertise items by other companies are not put onto our website by us but may appear on your computer due to the settings on your computer or an application that is on your computer.

Other applications or websites do have cookies which target and advertise items from other companies which track your browsing history. They can then continue to appear when you browse the internet. This company is not responsible for such internet content that may appear on your computer.

 

The common server applications are Internet Explorer, Safari, Firefox and Chrome (by Google) Information and how to deal with cookies can be obtained from those applications themselves.

Respective companies who make computer devices also provide information on how to deal with cookies and have websites which can assist you in the process.

Links to Other Sites

Our website includes links to other sites. We are not responsible for the privacy practices or, site content, or the services on offer on any other website or link.

Your Consent

Before you provide data or information to us we will try to make it clear why we need it. If sensitive data or information is required we will obtain your consent first.

Otherwise, by providing us with information, either orally or in writing, or by using our website, you consent to the collection, use and processing of the information we obtain from or about you as a result of our dealings with you to provide and send you information about services that we believe may be of interest to you.

A client can properly give the consent of their spouse or partner over the phone or by email providing the client confirms they have permission to do so. If the consent is written, the spouse or partner must independently endorse such consent.

Changes to the Privacy Policy

If we change our privacy policy we will update the website by posting any in order that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it.

Terms & Conditions

1. I am the only person you are instructing and I will personally do all the work needed under this arrangement. I am a self-employed barrister and am not employed by a firm of solicitors.I am the only Barrister in my chambers. A set of chambers is a practice where a Barrister or a collection of independent self-employed barristers share premises and administrative services. I am regulated by the Bar Standards Board.

2. I will carefully consider the instructions and confirm whether I have sufficient experience and competence to undertake the work.

3. If for any reason I cannot carry out all the work you are instructing me to do, or if I want to suggest that another barrister (instead of me, or as well as me) carries out the work for you, I may propose this and explain why I have made this suggestion. However, another barrister will not carry out work for you unless and until you have agreed to this.

The work I/the company will carry out

4. The work you are instructing me to carry out will be set out in a client care letter.

5. If subsequent work is needed on this matter, and I am available to do the extra work, there will need to be another letter of agreement between us. The range of work I can carry out.

6. Barristers advise on the law, draft documents for clients to use and appear on behalf of their client before courts or other organisations. Barristers do not undertake the organisation or management of a case proceeding through a court. However I only write Wills and help make applications for Lasting Powers of Attorney.

7. Here are some examples of work I can and cannot carry out.

(1) I can write Wills and make applications for Lasting Powers of Attorney.

(2) I cannot go on the court, record or provide my address to the court as the ‘address for service’ of documents (that is, the address which you are required to provide to the court for receipt by you of formal court documents sent by the court or other parties). You will be listed on the court record as a litigant in person. You will need to provide your own address as the ‘address for service’ of documents sent to you by the court and other parties.

Circumstances when I may not be able to act for you

8. As a barrister, I must follow the Code of Conduct in the BSB Handbook, which is available on the BSB’s website: https://www.barstandardsboard.org.uk/

9. That Code of Conduct requires me to consider whether a solicitor needs to be instructed in your own interests. If there comes a point at which I consider you need a solicitor I will no longer be able to act for you without the involvement of a solicitor. If I foresee that situation arising, I will give you as much notice as possible.

10. You will need to sign these terms before work commences, You are choosing to instruct me without the benefit of any public funding that may be available to you. Regulated by the Bar Standards Board

My availability

11. As I carry out all my professional work personally, there may be times when I am not available to you. I may be totally unavailable to all other clients during that time. If you are not able to contact me directly you can leave a message and I will respond as soon as possible.

Fees

12. My fees for the work are set out in my cover letter and a guide is contained on this website.

13. Under these terms, you are responsible for paying the fees set out in my cover letter to.

14.Your right to cancel (if any) is set out in my cover letter.

15. You will lose any right to cancel this contract if the services have been fully performed at your express request within the cancellation period (in which case I will ask you to confirm that you understand you will lose your right to cancel).

Documents and consent to process personal data

16. You and I agree that: Regulated by the Bar Standards Board 11 (1) I am entitled to keep copies of any documents you give me for my own professional records for seven years in accordance with Rule C129 of the BSB Handbook; and (2) I will return all your original documents to you when I have carried out the work you have instructed me to do, in accordance with Rule C131 of the BSB Handbook.

17. I would prefer that you give me copies of documents rather than originals. However, if this is not possible, I may make a reasonable charge to you for producing photocopies.

18. In signing my terms, you will confirm that you have given me your consent to process your personal data for the purpose of carrying out your instructions. You have a right to withdraw consent, but if you do so I will not be able to carry out your instructions.

General obligations

19.The information which you give me will be received in professional confidence. This means that I must maintain the confidentiality of any information you have shared with me and can only tell others about it if you give your consent for me to do so (which I would obtain if and when needed). The only exception is that statutory and other legal requirements may mean that I have to disclose (i.e. reveal) your information to governmental or other regulatory authorities, e.g. organisations, whose rules I must meet, without your consent and without telling you that I have made the disclosure. Statutory and legal requirements are rules or regulations that an individual must, by law, follow.

20. This contract will be governed by English law, and any dispute will be subject to the jurisdiction of the English courts. Jurisdiction means the power and authority of a Regulated by the Bar Standards Board 12 court or tribunal to determine the outcome of a case and impose sanctions or penalties on those involved.

Complaints

24. I hope you will be happy with the professional services we provide. However, if you are not satisfied, you should first refer the matter either to me or to my chambers in line with my chambers’ complaints procedure. If you would like a copy of the complaints procedure, please ask me.

25. If you are not happy with my reply or my chambers’ reply then you can contact the Legal Ombudsman. The Legal Ombudsman is a free, impartial and independent service set up by the Government which deals with complaints about the service you have received. You must complain to the Ombudsman within six months of receiving a final response to your complaint from myself or from my chambers (provided the response specifically notifies you of your right to complain to the Ombudsman and of the six month time-limit). A complaint to the Ombudsman must also be made not more than six years after the act or omission complained about, or not more than three years from the date when you should reasonably have known that there were grounds for complaint. For further details about how to make a complaint to the Legal Ombudsman, please contact the Legal Ombudsman directly at:

Legal Ombudsman PO Box 6806 Wolverhampton WV1 9WJ

Email: enquiries@legalombudsman.org.uk  Phone: 0300 555 0333

Website: www.legalombudsman.org.uk regulated by the Bar Standards Board

26. IPW – Institute of Professional Willwriters

7947625286. If you are not happy with any aspect of service provided by the Company, you should first of all contact me the company owner, Riaz Jakhura whose telephone number is 07947625286.
7947625287. If you wish to make a complaint about any aspect of service provided by the Company, you must, in the first instance write to me the company owner, Riaz Jakhura at the address on this letter. Iwill acknowledge your letter within 5 days of receipt and then investigate the circumstances of your complaint and write to you with the results of my investigation within 56 days of receipt of the complaint. If I do not find in your favour I will provide you with information about the IPWADR service – see next item.
7947625288. If you are not happy with the results of the investigation by the Company, you can contact the Institute of Professional Willwriters who operate an Alternative Dispute Resolution process called IPWADR that will consider your complaint. Please note that you MUST raise your complaint with the Company before you can access the IPWADR. The contact details for IPWADR are

IPWADR, Trinity Point, New Road, Halesowen, B63 3HY

www.ipw.org.uk/professional/making-a-complaint

1. These complaints procedures do not prevent you from seeking other means of redress.

Website Disclaimer

 

This website (the “Website”) is the website of Restful Wills.

Please read these conditions of use of the Website. Using the Website you agree to and are bound by conditions.

This company reserve the right to vary the conditions of use at any time and will post any variations here on the website. It is your duty to be familiar with the up to date conditions of use as you will be deemed to have accepted any changes if you continue to use the Website as updated.

If you do not agree to abide by these conditions of use you should not use this Website.

Information published on the Website is supplied by Restful Wills. Care is taken to ensure that information provided on the Website is accurate when posted and updated. However Restful Wills do not guarantee or can be held liable for its accuracy or timeliness and we may change the information at any time without notice.

You should not rely on the information on the Website and you acknowledge that you must take appropriate steps to verify this information before relying on the same.

Restful Wills publish information on this website as it is without any warranty of any kind either express or implied in relation to the accuracy of any information or services contained within the website (in so far as such warranties may be excluded by relevant law) and those warranties permitted by relevant law. Restful Wills will not be liable for any loss or damage whether direct or indirect (including direct or indirect loss of profit), consequential, special or incidental loss that may result from use of this website however it may be caused.

Any reference to any product or service which has been or may be provided by Restful Wills does not amount to a promise that such product or service will be available at any time. Changes to or improvements in such products or services may be made at any time without notice.

Copyright in the design and architecture of the Website is owned by Restful Wills. Restful Wills owns the copyright in the content published on the Website except where otherwise indicated. Images, trade-marks and brands are also protected by other intellectual property laws and may not be reproduced or appropriated in any manner without written permission of their respective owners.

You may make a single copy of such parts of the Website for offline, personal, non-commercial use. Our content may not be sold, reproduced, or distributed without our written permission. Any third-party trademarks, service marks and logos are the property of their respective owners. Any further rights not specifically granted herein are reserved.

We are not responsible for the content of any other website or hyperlink from which you have accessed this Website or such hyperlinks used from this website. We cannot be held liable for any loss or damage you incur as a result thereof.

Restful Wills may include hyperlinks to third-party content or websites. You acknowledge and agree that Restful Wills is not responsible for and does not endorse any advertising, products or resource available from such resources or websites.

Conditions of use are governed by the laws of England and Wales. The English courts alone are agreed to have jurisdiction in respect of any dispute. If any of these conditions are decided to be unlawful, invalid or unenforceable by a court of law in England then such part of the conditions will not form part of the conditions however the remaining terms and conditions shall remain in full as permitted by law. 

You understand and agree that the above Terms constitute the entire general agreement between you and Restful Wills. You may be subject to additional Terms and conditions when you use, purchase or access other services, affiliate services or third-party content or material.

The terms and conditions relating to the obligations of you and the company in relation to the service contracted for are contained within the Client Care Letter/Letter of Engagement that is sent to all clients. The general terms can be found under the terms & Conditions page.

This Disclaimer and conditions must be read in conjunction with the Privacy Policy and the Terms & Conditions which contain specific terms and conditions in respect of those aspects.