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Estate Research’s contact details are as follows:
Contact address:
Bank Chambers
1-3 Library Street
Wigan
Greater Manchester
WN1 1NN
Telephone: 01942 826500
Email: pc@estateresearch.co.uk
The Data Protection Officer
The Data Protection Officer for Estate Research, Jennifer Cavaghan, can be contacted using the above contact details and by writing to the following e-mail address:
Email: jennifer@estateresearch.co.uk
Purpose and legal basis for the processing of data
Estate Research may process personal data in the legitimate interests of protecting the legal rights of potential beneficiaries under probate law, preventing the possibility of fraud or false claims against the estates of deceased persons and in the public interest of keeping insurance costs low in relation to Missing Beneficiary Insurance.
Estate Research process personal data using vetted and approved third party processors for the purpose of confirming the bankruptcy status of potential beneficiaries. Estate Research obtains the consent of the potential beneficiary before performing this service and reporting the result to the potential beneficiary’s legal representative.
The consent of clients, suppliers and processors is obtained before Estate Research contacts these parties to market services. Estate Research will never disclose data subjects’ personal data for the purposes of marketing.
Where Estate Research request your consent to obtain personal data, we will inform you when this is in relation to a contractual requirement. You are under no obligation to provide your personal data but the purpose of requesting this information will be in relation to the legitimate interests as noted above and may also be to confirm a contract between yourself and Estate Research. The possible consequences of failing to provide personal information is that the data would not be of immediate assistance in probate research, although the same data may be confirmed by other research methods.
Estate Research has put in place robust safeguards as both a Controller and a Processor of personal data.
The categories of information we hold
Estate Research may hold all forms of personal information and sensitive personal information. Estate Research has robust safeguarding measures in place to ensure use of this information meets the requirements of the GDPR.
Personal information is defined by the GDPR as:
“any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.”
Where Estate Research considers it strictly necessary, we may process sensitive personal data of data subjects as follows:
Who we share your data with
Personal information is stored, processed and communicated to our clients, who are solicitors and local authority representatives, so that they may fulfil their legal obligations. Your data may also be shared where necessary with researchers, international bodies and other data subjects to assist in this aim, including processors in third countries in accordance with requirements under the GDPR.
Transfer of data to third countries
When researching family trees, it is not unusual for family members to move abroad. It is sometimes necessary for Estate Research to use the services of a vetted international researcher, who has access to records available abroad. In this circumstance, or where an international body may also be able to assist, we may transfer data subject’s personal and sensitive personal information to a third party researcher. We employ all of the relevant safeguards under the GDPR, obtain the written consent of the data controller where appropriate and only send children’s information by encrypted email.
Where international bankruptcy searches are performed, the transfer of data is also subject to stringent safeguards and data is only transferred after obtaining your written consent.
Where data is obtained from
Estate Research obtain the personal and sensitive personal information of data subjects from public records, licensed databases, legal authorities and from interviewing individuals.
The contact information of solicitors, local authority representatives, suppliers and processors is obtained from networking, on their making enquiries or employing the services of Estate Research and where they are reliably advertised as available to contact.
Right to rectification and data quality
If you believe we hold personal data which is inaccurate or incomplete, you may request rectification of the data.
Right to erasure
Estate Research processes your personal data for a number of purposes as detailed above.
You have the right to be forgotten and you can request the erasure of personal data where:
Retention of data
Where data is retained for research purposes, the data will not have a specified time limit before erasure due to the nature of research and the requirement to continue to research or archive the research information in the legal interests of the data subjects and our clients.
Where a case is confirmed as closed by the legal authority representative or solicitor, Estate Research shall arrange for the secure disposal of all data after 6 years from the date the case has been closed.
Data portability
Where you have provided your data directly to us for the purpose of a contract, or where you were required to provide your consent for us to process your data, you have the right to request your data in a structured, machine-readable format and where you request (and if possible) we will transmit your personal data to another data controller. We will always try to facilitate such a request where it is technically feasible to do so.
Right of access
If you wish to receive a copy of personally identifiable data we store about you this can be made available on request.
Automated individual decision-making, including profiling
An automated decision is a decision taken without any human intervention which has legal consequences (e.g. credit checking). Estate Research do not use automated decision making software but for international bankruptcy checks we will refer your details with your consent to a processor who will perform a bankruptcy check using their processes and procedures, which may involve using automated decision making software.
International bankruptcy searches are performed where it is considered necessary by a legal representative to confirm the right of a potential beneficiary to personally receive their entitlement to an estate. We will only request this service from our processors after obtaining your written consent and you have the right to obtain human intervention on our part, to express your point of view and to contest the decision.
Right to withdraw consent
Where processing of data is based on your consent, you have the right to withdraw your consent to processing without affecting the lawfulness of processing based on consent before its withdrawal.
Right to object
In the event we process your data where we have identified that such processing is based up legitimate interest and you believe there are no grounds for us to continue to process your data, then you have the right to object.
Right to restriction of processing
You have the right to request restriction of processing of your data. Estate Research will consider your request and respond within 28 days but are only required to restrict processing in certain circumstances.
Right to lodge a complaint
If you have a complaint, please email jennifer@estateresearch.co.uk and title your email ‘complaint’, including your name, contact details and case reference. To ensure we are sending your personal data to you, we may need to contact you to verify your identity. Once we have verified your identity, we will respond to your complaint within 28 days.
In the unlikely event that you were not satisfied by a complaint outcome handled by ourselves, you have the right to complain to the Information Commissioner’s Office (ICO).
