Terms and Conditions, Regulation and GPDR Privacy Notice
Notarial Terms of Business, Conditions and Regulation
Our fees are based on the type and number of documents you require to be notarised.
When you contact us, we will usually be able to give you a figure for our fees once we have established the type and number of documents if the matter is straightforward. We will also be able to provide you with information on the costs involved in having documents legalised at the Foreign, Commonwealth and Development Office (FCDO) and Embassies. Our minimum fee is £120 (including VAT) . If the matter is more complicated, for example, if documents have to be reviewed or the matter concerns company or corporate documents, it is usually necessary for us to see the documents before we can give you a figure. If you would like us to attend at your office or home, we can usually arrange this and will inform you of the extra cost involved in us visiting you. As mentioned above, for multiple copies and where documents have to be signed in the Notary’s presence, we will usually be able to give you a figure on the telephone. Where we have to prepare Notarial certificates, review documents for you or carry out other required work such as liaising with your foreign lawyer, our fees will be based on an hourly rate of £360 (including VAT) and we will endeavour always to give you an accurate estimate of our fees which may be subject to us seeing the documents.
We require payment of our fees before we can release the notarised documents to you and also before we incur any other costs such as sending documents for legalisation, obtaining Companies House documents or similar We accept payment by credit and debit cards (except AMEX) and cash (max £500).
We use agents to deliver and collect documents to and from the FCDO and Embassies. We will be able to give you a time estimate for how long legalisation will take but we cannot guarantee that documents will be returned within such time estimates, particularly when documents have to go to an Embassy. When documents do require legalisation, we will usually arrange for our agents to return the documents to you directly by Royal Mail next-day delivery . Neither we nor our agents accept any liability for loss of documents during transit between ourselves, our agents, FCDO, embassies, you or any third party or for any delays occurring during such transit.
When you bring a document to us to be notarised, we will advise you as to the formalities required for completing it. However, we will not be attempting to advise you about the transaction itself.
As mentioned above, each notarial matter is different and the requirements will vary for example according to whether the client is a private individual or a company. Some of the typical key stages are likely to include:
- Receiving and reviewing the documents to be notarised together with any instructions you may have received
- Liaising with your legal advisors or other bodies to obtain the necessary documentation to deal with the document (e.g. information from Companies House or foreign registries, powers of attorney etc)
- Checking the identity, capacity and authority of the person who is to sign the document
- If an original document is to be certified, checking with the issuing authorities that the document/award is genuine.
- Meeting with the signatory to verify their identity and to ascertain that they understand what they are signing and that they are doing so of their own free will and ensuring that the document is executed correctly
- Drafting and affixing or endorsing a notarial certificate to the document
- Arranging for the legalisation of the document as appropriate
- Arranging for the storage of copies of all notarised documents in accordance with the requirements of the Faculty Office of the Archbishop of Canterbury. Where the CCR apply (typically where you are an individual consumer and my contract with you was concluded either at or following a meeting with you or by a form of distance communication) you have a cancellation period of 14 days after the date on which you to give us instructions. You can cancel your contract within the cancellation period by giving a clear statement and we will reimburse all payments received from you by the same method that you used, at no cost to you, without undue delay, and not later than 14 days after the day on which you inform us of the cancellation. If you ask us to begin work during the cancellation period, you can still cancel but you must pay an amount in proportion to the work which we have performed and this proportion will not be reimbursed to you.
- We reserve the right to terminate our engagement by you if we have good reason to do so, for example, if you do not pay a bill or comply with a request for a payment on account or you fail to give clear and proper instructions.
- Consumer Cooling Off Cancellation Period –Consumer Contracts Regulations 2013 (“CCR”):
- You may terminate your instructions at any time by giving reasonable written notice. All fees and disbursements incurred up to the date of termination will be charged.
- We maintain professional indemnity insurance at a level of at least £1,000,000.00 per claim. Except so far as excluded by the Unfair Terms Act 1977, our liability for any loss, injury or damage of any nature whatsoever, whether direct or consequential including (without limitation) in respect of negligence or breach of duty of care is limited to £1,000,000.00 in respect of any one claim or series of related claims
- When we carry out work for you, we are required to make an entry in a formal register, which is kept as a permanent record. We will retain a copy of the notarised documentation with that record. We are registered with the Information Commissioner’s Office. Personal data received from clients is held securely and not capable of being accessed externally. Data collected as part of notarial records is used solely for the purposes of meeting the professional legal responsibilities of a Notary Public. For full details of our PRIVACY POLICY and data processing terms please see our website: www redkitelaw.co.uk
Regulatory and Complaint Information.
We aim to provide an efficient and prompt service to all our clients, but in the event of there being any aspect of our service with which you are unhappy, please note the following:
The notarial practice of Richard Fisher is regulated through the Faculty Office of the Archbishop of Canterbury:
The Faculty Office, 1 The Sanctuary, Westminster, London, SW1P 3JT, Telephone 020 7222 5381,
Email Faculty.office@thesanctuary.com Website www.facultyoffice.org.uk
If you are dissatisfied about the service you have received please do not hesitate to contact the notary concerned.
If the notary is unable to resolve the matter you may then complain to the Notaries Society, which has a Complaints Procedure which is approved by the Faculty Office. This procedure is free to use and is designed to provide a quick resolution to any dispute.
In that case please write (but do not enclose any original documents) with full details of your complaint to:-
The Secretary of The Notaries Society, PO Box 7655, Milton Keynes MK11 9NR
Email secretary@thenotariessociety.org.uk Tel: 07855 963323
If you have any difficulty in making a complaint in writing, please do not hesitate to call the Notaries Society/the Faculty Office for assistance.
Finally, even if you have your complaint considered under the Notaries Society Approved Complaints Procedure, you may, at the end of that procedure, or after a period of eight weeks from the date you first notified the notary that you were dissatisfied, make your complaint to the Legal Ombudsman (certain kinds of commercial entities are not eligible to make a complaint to the Legal Ombudsman – please refer to the Legal Ombudsman Scheme Rules), if you are not happy with the result:
: Legal Ombudsman, PO Box 6167, Slough SL1 0EH, Tel 0300 555 0333 Email: enquiries@legalombudsman.org.uk Website : www.legalombudsman.org.uk
If you decide to make a complaint to the Legal Ombudsman you must refer your matter to the Legal Ombudsman within one year from the act/ omission or within one year from when you should reasonably have known there was cause for complaint.
RED KITE LAW incorporating the
NOTARIAL PRACTISE OF RICHARD FISHER
DATA PROTECTION PRIVACY NOTICE
The business of Red Kite Law of 17 Churchill Way Cardiff CF10 2HH (“Business”, “we”, “us”, “our”) is registered with the Information Commissioner’s Office (“ICO”)
If you have any questions about this privacy notice (“Notice”), please contact us at richard.fisher@redkitelaw.co.uk.
The Business will process your and third parties’ personal data, as further explained below, in the course of providing you with notarial and associated services including access to our website and online features (“Services”).
We will let you know by posting on our website if we make any changes to this Notice from time to time. Your continued use of the Services after notifying such changes will amount to your acknowledgement of the amended Notice.
PLEASE NOTE: You shall and you hereby agree to indemnify the Business and its affiliates and their officers, employees, agents and subcontractors (each an “Indemnified Party”) from and against any claims, losses, demands, actions, liabilities, fines, penalties, reasonable expenses, damages and settlement amounts (including reasonable legal fees and costs) incurred by any Indemnified Party arising out of or in connection with any breach by you of the warranties included in the paragraphs below headed “What is Personal Data”.
What is Personal Data?
“Personal data” means any information relating to an identified or identifiable natural person, known as ‘data subject’, who can be identified directly or indirectly; it may include name, address, email address, phone number, IP address, location data, cookies and similar information. It may also include “special categories of personal data” such as racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a data subject, data concerning health or data concerning a natural person's sex life or sexual orientation.
The Business may process personal data and special categories of personal data which you provide in connection with the Services about yourself and other data subjects, e.g. individuals whose details are included in any materials provided by you to the Business. The Business may obtain information about you and other data subjects from third party service providers, such as due diligence platforms. If you use our online Services, the Business may collect information about your devices including clickstream data.
The provision of certain personal data is mandatory in order for the Business to comply with mandatory client due diligence requirements and consequently to provide the Services. You warrant on a continuous basis that such personal data is accurate, complete and up to date. Failure to comply may result in documents being rejected by the relevant certification authorities, held invalid in the destination country or other difficulty to successfully completing the Services.
In relation to personal data of data subjects you warrant to the Business on a continuous basis that:
(a) where applicable, you are authorised to share such personal data with the Business in connection with the Services and that wherever another data subject is referred to, you have obtained the explicit and demonstrable consent from all relevant data subjects to the inclusion and use of any personal data concerning them;
(b) to the extent this is required in connection with the Services, such personal data is accurate, complete and up to date; and
(c) either you provide your explicit consent and warrant that each data subject has provided explicit consent for the transfer of personal data to foreign organisations in connection with the Services as set out in the paragraph below headed “International Transfer of your personal data”, or that an alternative legal gateway for such transfer (such as transfer necessary for the conclusion or performance of a contract concluded in the interest of the data subject) has been satisfied.
How do we use your personal data?
The Business will only process personal data, in accordance with applicable law, for the following purposes:
(a) responding to your queries, requests and other communications;
(b) providing the Services, including, where applicable, procuring acts from foreign organisations;
(c) enabling suppliers and service providers to carry out certain functions on behalf of the Business in order to provide the Services, including webhosting, data storage, identity verification, technical, logistical, courier or other functions, as applicable;
(d) allowing you to use features on our website, when you choose to do so
(e) sending you personalised marketing communications requested by you
(f) ensuring the security of the Business and preventing or detecting fraud;
(g) administering our Business, including complaints resolution, troubleshooting of our website, data analysis, testing of new features, research, statistical and survey purposes;
(h) developing and improving our Services;
(i) complying with applicable law, including Notary Practice Rules, guidelines and regulations or in response to a lawful request from a court or regulatory body.
The legal basis for our processing of personal data for the purposes described above will typically include:
- processing necessary to fulfil a contract that we have in place with you or other data subjects, such as processing for the purposes set out in paragraphs (a), (b), (c) and (d);
• your consent, such as processing for the purposes set out in paragraph (e);
• processing necessary for our or a third party’s legitimate interests, such as processing for the purposes set out in paragraphs (a), (b), (c), (f), (g) and (h), which is carried out on the basis of the legitimate interests of the Business to ensure that Services are properly provided, the security of the Business and its clients and the proper administration of the Business; and
• processing necessary for compliance with a legal obligation to which we are subject, such as processing for the purposes set out in paragraph (i).and
• any other applicable legal grounds for processing from time to time.
In order to collect the information including personal data as described in this Notice, we may use cookies and similar technology on our website. A cookie is a small piece of information which is sent to your browser and stored on your computer’s hard drive, mobile phone or other device. You can set your browser to notify you when you receive a cookie. This enables you to decide if you want to accept it or not. However, some of the Services offered through our website may not function properly if your cookies are disabled.
Cookies can be first party or third party cookies.
- First party cookies – cookies that the website you are visiting places on your device.
• Third party cookies – cookies placed on your device through the website but by third parties, such as, Google.
The cookies placed on our website
We use the following cookies on our website:
- Strictly necessary cookies. These cookies are essential in order to enable you to move around our website and use its features. Without these cookies, Services you have asked for cannot be provided. They are deleted when you close the browser. These are first party cookies.
• Performance cookies. These cookies collect information in an anonymous form about how visitors use our website. They allow us to recognise and count the number of visitors and to see how visitors move around the website when they are using it and the approximate regions that they are visiting from. These are first party cookies.
• Functionality cookies. These cookies allow our website to remember choices you make (such as your user name, language or the region you are in, if applicable) and provide enhanced, more personal features. These cookies can also be used to remember changes you have made to text size, fonts and other parts of web pages that you can customise. The information these cookies collect may be anonymised and they cannot track your browsing activity on other websites. These are first party cookies.
• Targeting or advertising cookies. These cookies allow us and our advertisers to deliver information more relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as to help measure the effectiveness of advertising campaigns. They remember that you have visited our website and may help us in compiling your profile. These are persistent cookies which will be kept on your device until their expiration or earlier manual deletion.
• Social Media cookies. These cookies allow you to connect with social media networks such as LinkedIn and twitter. These are persistent cookies which will be kept on your device until their expiration or earlier manual deletion.
We may combine information from these types of cookies and technologies with information about you from other sources.
Cookie consent and opting out
We assume that you are happy for us to place cookies on your device. Most Internet browsers automatically accept cookies. However, if you, or another user of your device, wish to withdraw your consent at any time, you have the ability to accept or decline cookies by modifying your browser setting. If you choose to decline cookies, you may not be able to fully experience the interactive features of our website, our platforms and Services.
When you arrive on our website a pop-up message will appear asking for your consent to place advertising cookies on your device. In order to provide your consent, please click ‘I understand’. Once your consent has been provided, this message will not appear again when you revisit. If you, or another user of your device, wish to withdraw your consent at any time, you can do so by altering your browser settings otherwise we will assume that you are happy to receive cookies from our website. For more information please visit www.allaboutcookies.org and http://www.youronlinechoices.com/uk/.
Disclosure of personal data
There are circumstances where the Business may wish to disclose or is compelled to disclose your personal data to third parties. These scenarios include disclosure to:
- our subsidiaries or associated offices;
• our suppliers and service providers to facilitate the provision of the Services, including couriers, translators, IT consultants and legalisation and other handling agents, webhosting providers, identity verification partners (in order to verify your identity against public databases), consultants, for example, in order to protect the security or integrity of our business, including our databases and systems and for business continuity reasons;
• public authorities to carry out acts which are necessary in connection with the Services, such as the Foreign Office;
• foreign organisations to carry out acts which are necessary in connection with the Services, such as Embassies, Consulates and High Commissions;
• professional organisations exercising certain public, governance and archiving functions in relation to the notaries profession, such as Chambers of Commerce, The Notaries Society and the Faculty Office;
• successor or partner legal entities, on a temporary or permanent basis, for the purposes of a joint venture, collaboration, financing, sale, merger, reorganisation, change of legal form, dissolution or similar event relating to a Business. In the case of a merger or sale, your personal data will be permanently transferred to a successor company;
• public authorities where we are required by law to do so; and
• any other third party where you have provided your consent.
International transfer of your personal data
We may transfer your personal data to a third party in countries outside the country in which it was originally collected for further processing in accordance with the purposes set out above. In particular, your personal data may be transferred to foreign organisations such as foreign Embassies located in the UK or abroad. Such organisations will process personal data in accordance with the laws to which they are subject and international treaties over which the Business has no control.
If the Business transfers personal data to private organisations abroad, such as subcontractors, it will, as required by applicable law, ensure that your privacy rights are adequately protected by appropriate technical, organisation, contractual or other lawful means. You may contact us for a copy of such safeguards in these circumstances.
Retention of personal data
Your personal data will be retained for as long as is reasonably necessary for the purposes listed above or as required by the law. For example, the Notaries Practice Rules require that that notarial acts in the public form shall be preserved permanently. Records of acts not in public form shall be preserved for a minimum period of 12 years. Please contact us for further details of applicable retention periods. Personal data may for reasons of security and convenience be stored on remote data facilities but in an encrypted form.
We may keep an anonymized form of your personal data, which will no longer refer to you, for statistical purposes without time limits, to the extent that we have a legitimate and lawful interest in doing so.
Security of personal data
The Business will implement technical and organisational security measures in order to prevent unauthorised access to your personal data.
However, please be aware that the transmission of information via the internet is never completely secure. Whilst we can do our best to keep our own systems secure, we do not have full control over all processes involved in, for example, your use of our website or sending confidential materials to us via email, and we cannot therefore guarantee the security of your information transmitted to us on the web.
Data subject rights
Data subjects have numerous rights in relation to their personal data. For further information about your data protection rights please visit the ICO website.
- Right to make a subject access request (SAR). Data subjects may request in writing copies of their personal data. However, compliance with such requests is subject to certain limitations and exemptions and the rights of other data subjects. Each request should make clear that a SAR is being made. You may also be required to submit a proof of your identity and payment, where applicable.
• Right to rectification. Data subjects may request that we rectify any inaccurate or incomplete personal data.
• Right to withdraw consent. Data subjects may at any time withdraw their consent to the processing of their personal data carried out by the Business on the basis of previous consent. Such withdrawal will not affect the lawfulness of processing based on previous consent.
• Right to object to processing, including automated processing and profiling. The Business does not make automated decisions. Profiling may be carried out for Business administration purposes, such as monitoring trends in user visits of our website, and in order to deliver targeted ads.The Business may use third party due diligence platforms which provide recommendations about data subjects by automated means. We will comply with any data subject’s objection to processing unless we have a compelling overriding legitimate ground for the processing, the processing is for the establishment, exercise or defence of legal claims or we have another lawful reason to refuse such request. We will comply with each valid opt-out request in relation to marketing communications.
• Right to erasure. Data subjects may request that we erase their personal data. We will comply, unless there is a lawful reason for not doing so. For example, there may be an overriding legitimate ground for keeping the personal data, such as, our archiving obligations that we have to comply with.
• Restriction. Data subjects may request that we restrict our processing of their personal data in various circumstances. We will comply, unless there is a lawful reason for not doing so, such as, a legal obligation to continue processing your personal data in a certain way.
• Right to data portability. In certain circumstances, data subjects may request the controller to provide a copy of their personal data in a structured, commonly used and machine readable format and have it transferred to another provider of the same or similar services. To the extent such right applies to the Services, we will comply with such transfer request. Please note that a transfer to another provider does not imply erasure of the data subject’s personal data which may still be required for legitimate and lawful purposes.
• Right to lodge a complaint with the supervisory authority. We suggest that data subjects contact us about any questions or complaints in relation to how we process personal data. However, each data subject has the right to contact the relevant supervisory authority directly.