Consumer data handling

statement

1              Introduction

1.1          Kings Court Trust (KCT) is a legal services provider, authorised and regulated by the Council for Licenced Conveyancers (CLC) for the provision of probate and estate administration services. 

1.2          The registered office and primary place of business for KCT is Spectrum House, Bond Street, Bristol, BS1 3LG. 

1.3          The company registration number for KCT is 04508778, and the Information Commissioners Office (ICO) Public Register Registration number is Z7530631. 

1.4          This Statement is intended to provide consumers with further details as to how KCT will manage data. 

1.5          Please note, the information provided here is intended for use by consumers or other individuals who have a connection with the consumer services provided by KCT.  If you have a business or other commercial relationship with KCT, you may wish to view our commercial data handling page here

1.6          Should you believe that your data is being processed by KCT, and you have any questions regarding this or any element of this data processing statement, please write to us at the address above, or e-mail us at info@kctrust.co.uk. Please mark any correspondence for the attention of the Head of Risk & Compliance who is our nominated point of contact for data queries. 

 

2              The information we hold

2.1          There are a number of reasons we may hold your data.

2.1.1      You may have instructed us to assist you with the administration of an estate or other related services, and we are or have previously provided these services to you (referred to in this Statement as “Clients”).  If so, in order to carry out our obligations under our contract with you, we will need to process your data. 

2.1.2      You may have sought information from us about our services and provided us with your data for the purpose of obtaining a quote or other information (referred to in this Statement as “Enquirer”).

2.1.3      You may have a legal interest in an estate where we are providing an administration service.  This could include when you are receiving a legacy or other inheritance from the estate, or where you are a Trustee of a Trust created in connection with the estate (referred to in this statement as “Beneficiaries”).  In this case we will not have a contractual relationship with you, but we will have a legitimate interest in handling your data so that we can work with the Personal Representatives of an estate to lawfully administer the estate. 

2.1.4      You may have a commercial or other business relationship in connection with an estate we are administering (referred to in this Statement as “Third Parties”) and in that instance we will have a legitimate interest in handling your data to bring the estate’s relationship with you to an appropriate conclusion. 

2.1.5 We may be holding your documents on behalf of your Will Writer or other professional service provider (referred to in this Statement as "Document Owners"). In this instance, you should contact the party you have contracted with for the storage of documents for information about your data security rights.

2.2          If you believe your data is being processed by KCT, but that this is not addressed in any of the above categories, please contact us using the contact details shown above. 

 

3              Your rights

3.1          You have a number of rights in respect of how your data is handled.

3.1.1      The right to be informed that your data is being used.  The information in this statement should help you in this regard.

3.1.2      A right of access to your data.  Information on how you can access your data is provided below. 

3.1.3      A right of to have incorrect data we hold about you rectified.  Information on how to ask for your data to be rectified is provided below.

3.1.4      A right to request that your data is deleted. 

 

4              How we will hold data

4.1          We will hold your electronic data (including e-mails, call recordings or digital documents) within our secured hosted network.  This network is not accessible by the public, and the data is stored only within the UK. 

4.2          We will hold any hard copy data you provide us within our primary place of business referred to above.  Please note, it is our practice wherever appropriate to scan or otherwise convert hard copy documents to digital documents, and then to destroy the original hard copy document through a secure confidential waste service.  At the conclusion of our service, we will store any remaining hard copy documents with our nominated third party archiving provider. 

4.3         We will hold any hard copy documents provided to us for long term storage with our nominated third party secure storage provider.

 

5              How long we will hold data

5.1          We will continue to hold data as described above throughout the period of the estate administration service we are providing. 

5.2          Where we have provided a service, we will also be accountable to certain parties for some time after our service has concluded.  The amount of time a party may raise enquiries with us will vary depending on the nature of the enquiry.  As such, it is our policy to hold all data in connection with our estate administration service for a period of 13 years after our file has closed.  The data is kept for this period as any enquiries after this time are likely to be out of time. 

5.3          It is our practice to continuously back up data as a means of protection against data loss.  This is done through a series of data backups, which can themselves be kept for a period of up to 7 years from the point of backup.  Therefore, whilst we will delete data after 13 years, backups of this data may continue to exist for a further 7 years, but access to these will be heavily restricted.  Please note, not all data is backed up for the full seven years, and we may be unable to recover all data after the initial 13 year period. 

 

6              Right of access to data

6.1          You have the right to request information about the data we hold about you, and this request is sometimes called a Subject Access Request. 

6.2          If you wish to request information on what data we hold about you, please contact us using the details provided above.

6.3          Unless bound by a duty not to disclose such information (for example, in connection with Anti Money Laundering legislation) we will provide you with further information about the data we hold.  Where you request a copy of any relevant documents, we will provide these once suitably redacted to protect the rights of any other affected parties. 

6.4          We will not normally charge you to provide you with copies of your data, unless there are unusual circumstances (such as a request for copy data that has already been provided).  In the event it is necessary for us to charge you, we will limit our charges to a reasonable fee in the circumstances

 

7              Right of correction

7.1          You have the right to request that we correct any information we hold about you that you believe to be incorrect. 

7.2          If you would like to request that we amend any information we hold about you, please write to us or e-mail us at e-mail with further details of what data you believe is incorrect.  We will then respond within a reasonable period of time to confirm whether we are able to act on your request and if not, we will provide you with an explanation. 

 

8              Right of deletion

8.1          You have the right to request that we delete any information we hold about you that you believe to be incorrect.  

8.2          If you would like to request that we delete any information we hold about you, please write to us or e-mail us at e-mail with further details of what data you believe is incorrect.  We will then respond within a reasonable period of time to confirm whether we are able to act on your request and if not, we will provide you with an explanation. 

8.3          Please note, where your details are connected to our estate administration service, we are unlikely to be able to delete your full details until the expiry of our retention period (see section 5 above) as we may require these to evidence that we have fully discharged any obligation involving you and the estate. 

 

9              Who will process your data on our behalf

9.1          We will utilise a number of third parties to assist us in process our data.  If you require any further information about our use of third party data processors, please contact us.  Such third parties will include:

9.1.1      An IT service provider to provide our secure hosted network.

9.1.2      An IT support provider to provide our internal IT support.

9.1.3      A data entry service provider.

9.1.4      A scanning and indexing provider for the handling of post and other documents.

9.1.5      A third party secure storage and archiving provider.

9.2          Any supplier processing data on our behalf will do so subject to appropriate contractual terms and conditions. 

 

10           What data will be processed

10.1        For Clients

10.1.1    We will require identification documents from you in order to take your instructions and comply with our obligations under anti money laundering regulations.  We will utilise your contact details to communicate with you and provide you with any relevant information.

10.2        For Enquiries

10.2.1    We will require sufficient contact details to be able to provide you with a quote for our services, and be able to identify you when providing any subsequent information or answering any further questions you may have. 

10.3        For Beneficiaries

10.3.1    We will require identification documents from you in order to ensure that any distributions from an estate are sent to the correct individuals. We will utilise your contact and banking details in order to communicate with you and make any payments you are entitled to receive. 

10.4        For Third Parties

10.4.1    We will process your contact details for the purpose of communicating with you regarding your interest in any estate that we are administering. 

10.5        For Document Owners

10.4.1    We will only process such data as required to appropriately identify each document held in storage. This will usually be the name and address of those individuals who may need to arrange recovery of the documents.

 

11           Special categories of personal data

11.1        Special categories of personal data are data about the following for an individual:

11.1.1    Racial or ethnic origin

11.1.2    Political opinions

11.1.3    Religious or philosophical beliefs

11.1.4    Trade union membership

11.1.5    Biometric data for identification purposes

11.1.6    Health or medical care

11.1.7    Sex life or sexual orientation

11.2        Within the normal course of our service, we will not process any special categories of personal data.  However, if you believe that in your case you will need to provide us with data relating to one of the above categories, then please contact us to discuss further. 

 

12           Use of data

12.1        We use data for the purposes of carrying out our estate administration service.  This use will include:

12.1.1    Informing public organisations such as Her Majesty’s Revenue and Customs (HMRC) or Her Majesty’s Courts and Tribunals Service (HMCTS) and an estate and those individuals with a relationship to it.  Certain information provided to a Probate Registry (such as an individual’s Will) may be made publically available as part of this process.

12.1.2    Keeping you informed about any aspect of the estate administration that you are entitled to be informed about. 

12.1.3    Keeping the Personal Representatives of the estate informed about how the estate has been administered. 

12.1.4    Taking all reasonable steps to ensure that the estate benefits from all the rights and entitlements due to it. 

 

13           Automated decision making

13.1        We will not make any decisions regarding the processing of your data based on an automated decision making process. 

 

14           Further information

14.1        This Statement is intended to provide all practical information regarding how we will use your data.  Please contact us if you have any questions that fall outside of the information provided here.