Privacy Policy

Everstead Planning Ltd (“Everstead”, “we”, “us” or “our”) is a company registered in England and Wales under company number 17414818.

We provide assisted Lasting Power of Attorney (“LPA”) form-preparation and administrative support to clients in England and Wales.

Everstead Planning Ltd is the data controller responsible for deciding how and why personal information covered by this Privacy Policy is used.

We are registered with the Information Commissioner’s Office, registration reference ZC234465.

You can contact us about privacy or data protection by:

• Email: office@everstead-planning.co.uk
• Telephone: +44 79 4055 6141

Postal correspondence concerning data protection may also be sent to the registered office of Everstead Planning Ltd recorded on the public Companies House register under company number 17414818.

We are not a law firm and do not provide regulated legal services.

This Privacy Policy explains how we collect, use, store and share personal information when you:

• visit our website;
• submit an enquiry or request a call;
• communicate with us by telephone, email or another agreed method;
• arrange or attend an introductory consultation;
• become a client;
• use our LPA form-preparation service;
• use an optional online application-status or document-sharing facility that we make available to you;
• pay for our services; or
• are named in an LPA or otherwise provide information connected with a client’s LPA.

It also applies where somebody, such as a son, daughter, relative, friend or carer, makes an initial enquiry on behalf of a person considering an LPA.

Where another person makes the first enquiry, we will speak directly with the person making the LPA — the donor — before any paid LPA preparation work begins.

The personal information we process depends on your relationship with us.

Enquiry information

When you use our public enquiry form, we may collect:

• your full name;
• email address;
• telephone number;
• your address;
• preferred method of contact;
• whether you are enquiring for yourself or helping somebody else;
• if you are enquiring for someone else: their name, your relationship to them, their address and, if you choose to give it, their phone number;
• the type of LPA you are interested in;
• information contained in your optional message; and
• records of our subsequent communications with you.

Our public enquiry form specifically asks you not to include medical information, diagnoses, concerns about mental capacity, financial information, identity documents or unnecessary information about other people.

Client and LPA information

If you instruct us to prepare an LPA, we may need information required to prepare the relevant forms and administer the service, including:

• full names;
• residential and correspondence addresses;
• dates of birth;
• telephone numbers and email addresses;
• details of the donor;
• details of proposed attorneys and replacement attorneys;
• details of a certificate provider;
• details of witnesses;
• details of people the donor wishes to notify, where applicable;
• the donor’s choices, preferences and instructions for the LPA;
• information about how attorneys are to act;
• correspondence relating to preparation, checking, signing or registration;
• a copy of the donor’s photo ID and proof of address (see section 4A);
• completed or partially completed LPA documents; and
• records of instructions and changes requested by the donor.

We collect only information that is reasonably relevant to preparing and administering the LPA service.

Payment and transaction information

We may process:

• invoices;
• amounts paid;
• payment dates;
• transaction references;
• refund information; and
• records required for accounting and tax purposes.

If you pay by card, Stripe processes your card details directly on our behalf. We never see or store your full card number. If you pay by bank transfer, we see the payment in our business bank account.

Communications

We may retain records of emails, telephone notes, enquiries, complaints, instructions and other communications so that we can provide the service accurately and maintain an appropriate record of what has been agreed.

Website and technical information

Our hosting and security infrastructure may process limited technical information needed to deliver and protect the website, such as:

• IP address;
• browser and device information;
• date and time of a request;
• pages or resources requested;
• security and error information; and
• technical server logs.

We do not use this information for behavioural advertising.

Some information receives additional protection under UK data-protection law. This includes information concerning health.

The public enquiry form must not be used to send us medical information, diagnoses or mental-capacity information.

An LPA can sometimes involve information relating to health, care or treatment. If it is genuinely necessary for the LPA preparation service for us to record special category information, we will minimise what is collected and, ask the donor for explicit consent: if wishes about health, care or treatment are written in the online details form, the donor ticks a box agreeing that we can use them to prepare the LPA. If we take these wishes by phone, we ask for consent on the call and record it.

We do not carry out medical or mental-capacity assessments.

If special category information is sent to us unnecessarily or inadvertently, we may delete or redact it where it is not reasonably required and there is no lawful reason for us to retain it.

We ask for a copy of the donor’s photo ID (for example a passport or driving licence) and proof of address, to make sure we are preparing the LPA for the right person and to help protect donors from fraud. Our lawful bases are our legitimate interests in preventing fraud and acting for the right person, and the steps needed to perform our contract. Only we can see these copies; they are stored privately in our client system. We record that we checked them (the date, what we checked and how). We delete the copies 30 days after the LPA is registered, or 90 days after a case closes without registration. The record that we checked them is kept with the client file (see section 12).

A donor may give us personal information relating to another person, including an attorney, replacement attorney, certificate provider, witness or person to be notified.

In those circumstances, the information normally comes from the donor rather than directly from the person concerned.

We use that information only insofar as reasonably necessary to prepare the donor’s LPA, administer our service, communicate where appropriate, maintain an accurate client record or comply with legal obligations.

Where data-protection law requires us to provide privacy information directly to that person, we will take reasonable steps to do so.

If somebody has told you that your details have been provided to Everstead Planning Ltd and you would like further information, contact office@everstead-planning.co.uk.

We normally receive information:

• directly from you;
• from the donor;
• from a person making an initial enquiry on the donor’s behalf;
• from another person involved in the LPA where they communicate directly with us;
• from documents you provide;
• from payment providers in relation to payment status; and
• automatically from the technical systems used to deliver and protect our website.

We do not buy personal information or obtain consumer profiles for advertising.

We process personal information only where we have a lawful basis.

Enquiries and introductory consultations

We use enquiry information to respond to you, arrange a conversation and determine whether our service is suitable.

Where you are considering becoming our client, this processing is necessary to take steps at your request before entering into a contract.

Where a relative or another person makes an enquiry for a donor, we may also rely on our legitimate interests in responding to genuine enquiries, facilitating communication with the donor and operating our business responsibly.

Providing our LPA preparation service

Where you instruct us, we process information necessary to:

• obtain your instructions;
• prepare LPA forms;
• check the information entered;
• discuss corrections;
• provide signing guidance;
• provide signing and posting checklists;
• communicate with you during the matter; and
• administer the service.

Our principal lawful basis is that this processing is necessary to perform our contract with you.

Information about attorneys and other third parties

Those people are not ordinarily parties to our contract.

We process their information where necessary for our legitimate interests in providing the donor’s requested LPA-preparation service accurately and efficiently, while taking account of the rights and interests of the people concerned.

Payments, accounting and taxation

We use transaction and financial-administration information to administer payments, maintain accounting records, deal with refunds and comply with taxation and company-law requirements.

Depending on the processing concerned, our lawful bases are performance of our contract, compliance with legal obligations and our legitimate interests in maintaining accurate business records.

Fraud, security and misuse prevention

We may process information where reasonably necessary to protect our clients, our systems and our business against fraud, abuse, unauthorised access or other security threats.

We rely on our legitimate interests and, where applicable, compliance with legal obligations.

Complaints, disputes and legal claims

We may retain and use relevant information to investigate complaints, establish what happened, obtain professional advice, enforce contractual rights or establish, exercise or defend legal claims.

We rely on legal obligations and/or our legitimate interests in resolving disputes and protecting legal rights.

Improving our service

We may use limited, non-sensitive operational information to understand recurring administrative issues and improve our procedures.

Where possible, information used for internal review is aggregated or de-identified.

We rely on our legitimate interests in maintaining and improving the quality of our service.

We do not use information submitted through an LPA enquiry to send unrelated electronic marketing simply because you contacted us.

If we introduce optional email, SMS or similar direct marketing, we will obtain any consent required by law and provide a straightforward way to unsubscribe.

You can ask us at any time not to send direct marketing.

We do not sell your personal information to advertisers or data brokers.

We do not disclose personal information unnecessarily.

Where required for the purposes described above, we may use carefully selected service providers, including:

Each provider acts on our instructions under a contract that protects your information.

Payment providers and banks

Where relevant, payment providers and financial institutions may process information necessary to receive, confirm or refund payments.

Professional advisers

We may disclose information where reasonably necessary to professional advisers such as accountants, insurers, IT/security specialists or legal advisers who are subject to appropriate duties of confidentiality.

Regulators, courts and public authorities

We may disclose information where required by law, a court order, regulatory obligation or lawful request by a competent authority.

We may also make a disclosure where reasonably necessary to establish, exercise or defend legal rights or address suspected fraud or serious wrongdoing.

As part of our standard service, we send the signed LPA to the Office of the Public Guardian (OPG) on behalf of the donor or attorney, who is the applicant. This means we share the personal information contained in the LPA with the OPG. The OPG is a separate data controller and handles that information under its own privacy notice.

Some technology providers or their subcontractors may process information outside the United Kingdom, including in the United States.

Where UK data-protection law treats this as a restricted international transfer, we take steps to ensure an appropriate transfer mechanism is available.

Depending on the recipient and circumstances, this may include:

• UK adequacy regulations, including the UK Extension to the EU-US Data Privacy Framework where the recipient is eligible;
• the International Data Transfer Agreement;
• the UK International Data Transfer Addendum to approved standard contractual clauses; or
• another transfer mechanism permitted by UK data-protection law.

Where an Article 46 safeguard is used, we take account of applicable requirements concerning transfer-risk assessment.

You may contact us for further information about the safeguards relevant to your information.

We do not keep identifiable personal information indefinitely.

Enquiries that do not become clients

We ordinarily retain enquiry records for six months after our last meaningful communication with you.

We may retain a minimal suppression or administrative record for longer where reasonably necessary to record that an enquiry was declined, withdrawn or should not be contacted again.

Client files

Where we provide an LPA preparation service, we ordinarily retain the client file for six years after completion or termination of the engagement.

This period allows us to maintain appropriate business records and respond to questions, complaints or legal claims that may arise after the service has ended.

Identity documents

Copies are deleted 30 days after the LPA is registered, or 90 days after a case closes without registration. Our record that we checked them is kept with the client file.

Accounting and transaction records

Records required for accounting, taxation or corporate compliance are retained for the period required by applicable law, ordinarily at least six years where relevant.

Data-protection requests and complaints

Records relating to a privacy complaint or exercise of data-protection rights will ordinarily be retained for three years after the matter is closed, unless a longer period is reasonably necessary because of ongoing proceedings, regulatory correspondence or a legal claim.

Technical and security records

Technical logs are retained only for the period reasonably required for security, troubleshooting, availability and abuse prevention in accordance with the operational settings of the relevant infrastructure provider. They are then deleted, anonymised or overwritten unless a particular security incident requires longer retention.

Legal disputes

If information is relevant to an actual or reasonably anticipated dispute, investigation or legal claim, we may retain the relevant material until the matter has been finally resolved and any applicable limitation period has expired.

We take appropriate technical and organisational measures designed to protect personal information against accidental loss, misuse, alteration, unauthorised disclosure and unauthorised access.

These measures include, where appropriate:

• limiting the information we collect;
• restricting access to people who need it;
• using access controls;
• using reputable technology providers;
• protecting electronic communications and systems;
• maintaining confidentiality requirements;
• controlling access to client records;
• reviewing third-party providers; and
• maintaining procedures for handling suspected data incidents.

No internet or electronic storage system can be guaranteed to be completely secure. You should therefore use the communication or document-sharing method we specify for the type of information concerned.

Do not send sensitive information through our public enquiry form.

We may offer clients an optional online facility through which they can view the stage of their application and, where enabled, send us information or a copy of a relevant document.

Using this facility is optional.

Clients who prefer telephone and email can receive the same core LPA preparation service without using an online progress view.

Any document-upload facility must be used only for information we have asked you to provide and through a channel that we have confirmed is appropriate for that information.

Clients sign in with their email address and an 8-digit code we send by email. Uploaded files are stored privately and labelled as photo ID, proof of address or other.

We do not make decisions about whether to provide our LPA preparation service solely through automated decision-making that produces legal or similarly significant effects.

A person is involved in deciding whether we can accept or continue an engagement.

Depending on the circumstances and lawful basis relied upon, UK data-protection law may give you the right to:

• ask whether we process your personal information;
• obtain a copy of personal information we hold about you;
• ask us to correct inaccurate or incomplete information;
• ask us to erase information in certain circumstances;
• ask us to restrict processing in certain circumstances;
• object to processing based on legitimate interests;
• object at any time to direct marketing;
• receive certain information in a portable format where the right to data portability applies;
• withdraw consent where processing depends on consent; and
• complain about our handling of your personal information.

These rights are not absolute and exemptions may apply.

Withdrawing consent does not make processing that occurred before withdrawal unlawful.

To exercise a right, contact office@everstead-planning.co.uk.

We may need to request information reasonably necessary to verify your identity and ensure that personal information is not disclosed to the wrong person.

You have the right to object, on grounds relating to your particular situation, to processing based on legitimate interests.

If you object, we will consider the circumstances and stop the relevant processing unless we have compelling legitimate grounds to continue or the processing is required for the establishment, exercise or defence of legal claims.

You have an absolute right to object to the use of your personal information for direct marketing.

If you believe we have not handled your personal information properly, please contact:

office@everstead-planning.co.uk

We have a process for dealing with data-protection complaints.

We will acknowledge receipt of a data-protection complaint within 30 days at the latest, take appropriate steps to investigate it without undue delay, keep you appropriately informed and communicate the outcome without undue delay.

You also have the right to complain to the UK supervisory authority:

• Information Commissioner's Office
• Wycliffe House
• Water Lane
• Wilmslow
• Cheshire
• SK9 5AF

Telephone: 0303 123 1113

You are not required to complain to us before exercising any right you have to approach the ICO, although contacting us first may allow us to resolve the issue more quickly.

Our website may contain links to GOV.UK, the Office of the Public Guardian or other external websites.

Those organisations are responsible for their own websites and privacy practices. This Privacy Policy does not govern information you provide directly to another organisation.

We may update this Privacy Policy where our services, technology providers or legal obligations change.

The latest version will be published on our website and identified by the “Last updated” date at the top.

Material changes affecting the way existing client information is used will be communicated where required by law.

For privacy questions, rights requests or data-protection complaints:

Everstead Planning Ltd

Company number: 17414818

Registered in England and Wales

Email: office@everstead-planning.co.uk

Telephone: +44 79 4055 6141

ICO registration reference: ZC234465