Terms and policies
Terms of Business
Contents
- Definitions
- Function
- Level of service
- Hours of business
- Fees and supplements
- Payment terms
- Our records
- Data protection
- Equality and diversity
- Prevention of money laundering
- Termination of the retainer
- Liability
- Electronic communication
- Use of Technology, Devices and Artificial Intelligence
- Complaints procedure
1.0 Definitions
- We/Us/the Company means Notable Notaries Limited.
- You/the Clients means the individuals or corporate bodies to which we provide notarial and/or legalisation services.
2.0 Function
- Notaries in England and Wales prepare, authenticate and keep records of the due execution of legal documents, principally for use abroad.
- Our notaries are regulated by the Faculty Office of the Archbishop of Canterbury
2.1 Notarial Responsibility
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- Unless otherwise agreed in writing, our notaries’ responsibility is limited to the notarial formalities and does not extend to advice on or drafting of documentation or on the matter under consideration.
- We must be satisfied as to your identity, your legal capacity, your authority (i.e. when acting on behalf of a corporate body) and your understanding and approval of the transaction; in certain instances we may insist on a translation. Our aim is that the document as executed and formalised will be acceptable in the recipient country. However, we cannot be held liable if you ask us to follow particular instructions in terms of the requirements of the recipient country, after external advice received by you directly of by other professionals you direct us to. If we are not satisfied about any one of the above we may refuse to undertake the matter or issue a restricted certification.
- You/the Clients shall provide us with clear instructions and full and accurate information sufficient to enable us to carry out your instructions.
3.0 Level of service
- We shall provide notarial services with due speed and efficiency in accordance with your instructions. We cannot be held responsible for delays in returning notarised and legalised documents that have not to do with us but relate to third parties (i.e. Foreign and Commonwealth Office (FCO), courier etc.).
- All instructions or requests for services must be clearly set out in writing and addressed correctly to ourselves.
4.0 Hours of business
- Our office hours are 09:00 to 17:30 on Monday to Friday. In appropriate cases we can arrange to see you outside the usual office hours, or away from the office. In such cases we would charge a reasonable fee for travelling time plus the cost of our travel.
Principle place of business:
2 Portman Street,
London, W1H 6DU
Telefonnummer: 0207 952 1100
E-Mail-Adresse: [email protected]
5.0 Fees and supplements
5.1 Fees
- Our current scale of charges is available on request. Our charges are usually based on the existing scale which is reviewed from time to time. They include the time incurred in making the appointment, travelling or waiting time, meetings with you and others, considering, preparing and working on papers and correspondence and the time required by our notaries to complete their notarial records. We reserve the right to vary these charges if the work is extremely urgent or needs to be done outside ordinary office hour, if we are required to carry out extra work or if the matter proves to be unusually difficult or complex. Regular or returning clients agree that they are aware of applicable fees unless otherwise requested. Where applicable or required, Value Added Tax will be charged in addition. We reserve the right to charge you for printing, couriers, overseas postage, overseas telephone and fax costs and any unusual expenses we incur.
5.2 Disbursements and legalisation
- You are responsible for all payments which we make on your behalf to Third parties including Companies House search fees, translators’ fees, courier charges, royal mail costs, Foreign Office, Consulates fees and costs of other third-parties and costs which may be payable to check and authenticate information. Disbursements may include fees payable to the Foreign Office, Foreign Embassies or agents in respect of documents whose recipient country/authority requires legalisation.
- Legalisation is the process by which either the Foreign and Commonwealth Office or the London Embassy of the recipient country confirms the authenticity of the seal and signature of the English notary or the official that has signed the document (i.e. Companies House documents) and we can also provide this service separately from the notarisation with an appropriate handling fee.
- We may ask for such payments to be made to us in advance, however no liability is accepted by the Company, its directors, shareholders, notaries, agents or staff for losses or delays in using the services of third parties.
6.0 Payment terms
6.1 Payment
- Our invoice must normally be paid prior to our releasing the completed documentation. Should all or part of an invoice remain unpaid, we reserve the right to charge interest at the interest rate from time to time published by the Notary Society.
- Even if another person has agreed to pay or is responsible for paying all or part of our fees and costs, we may address our invoices to you as the instructing party and you will, in all cases, be responsible for paying them; irrespective of who pays our invoice, our duty of care is owed to you alone as the instructing party unless we agree otherwise.
6.2 Interest
- The Notaries Accounts Rules require us, in certain circumstances, to account to you for interest. Please find the relevant rules at the following link.
7.0 Our records
- At the end of the matter, a formal entry of the main details of your matter together with copies of the notarised document and proof of identity will be kept as per respective regulations.
8.0 Data protection
- We use the information you provide primarily for the provision of our services to you and for related purposes including: updating and enhancing client records, analysis to help us manage our practice, statutory returns, legal and regulatory compliance, for other legitimate business purposes.
- Our use of that information is subject to your instructions, the Data Protection Act 1998 and our duty of confidentiality.
- Please note that our work for you may require us to give information to third parties such as professional advisers, third parties as defined in 5.2 and others as the occasion might be. You consent to this information being passed to third parties for lawful purposes. You have a right of access under data protection legislation to the personal data that we hold about you.
- We may from time to time send you information which we think might be of interest to you. If you do not wish to receive that information please notify our office in writing.
9.0 Equality and diversity
- Notable Notaries Limited is committed to promoting equality and diversity in all of its dealings with clients, third parties and employees.
10.0 Prevention of money laundering
10.1 Money laundering legislation
- Notaries are obliged under the Money Laundering Legislation to take measures to protect against fraud and forgery. To ensure that we comply with this you acknowledge and agree that:
- We may make all such enquiries as we deem necessary or appropriate in order to comply with our duties, and
- You will provide us with such documents and information as we may request.
- Your failure to do so will entitle us to terminate our retainer and cease acting for you forthwith.
- If, in the course of acting for you, we discover or suspect, or have reasonable grounds for knowing or suspecting that any person is engaged in money laundering we may, and in some cases will be required to, disclose this information to the to the National Crime Agency. Depending upon the particular circumstances of the case, we may not be able to tell you that such a disclosure has been made or the reasons for it.
10.2 Proof of identity / corporate authority
- Identification of individuals and proof of residential address is required. This is usually by way of a current passport, photo card driving licence or national identity card and a recent gas, electricity or other bill or bank statement. Exceptionally, other proof may be acceptable, and we will be happy to advise exactly what will be required in any particular case.
- If you act on behalf of a company or organisation, we will need to establish that it exists and that the signatory has authority to represent it. We generally conduct our own checks on United Kingdom based entities. In some cases (particularly for companies or organisations established overseas) we may ask you to produce a certificate of incorporation, good standing certificate or other similar evidence.
- If certification of the signatory’s authority to represent a company or organisation is required, we will need to review additional documentation, for example:
- constitutional documents (e.g. the Articles)
- a power of attorney
- board resolutions
- authorised signatory book (in the case of banks)
- extract from a commercial register (generally for foreign companies)
11.0 Termination of the retainer
- We reserve the right to suspend the provision of our services, for example when our invoices are deemed by us materially overdue, you fail to give us clear or proper instructions or instructions which conflict with our rules of professional conduct. We shall not consider ourselves liable for any losses, cost or penalties arising from the suspension of our services.
- You may at any time terminate our engagement in writing, but in this case you will be liable to compensate us for any work that has been carried out up to that moment.
12.0 Liability
- The engagement you make is with us, Notable Notaries Ltd. You agree to pursue only Notable Notaries Ltd for any claim in connection with our services, and you will not bring any claim, howsoever arising, against any of our individual employees, consultants or directors personally in respect of losses which you suffer or incur, howsoever arising, in connection with our services. This does not limit or exclude our liability for the acts or omissions in any other situation where the law prohibits us from excluding or limiting our liability to you. We only accept liability for loss to you/the Clients covered by the limits of our Professional Indemnity Insurance and you agree to that.
- Our liability will be reduced, to take account of the degree of responsibility or any contributory negligence by the client or of any other professional or other advisors whom the client has consulted in relation to the matter, as if we had successfully claimed contribution from them under the Civil Liability (Contribution) Act 1978, taking no regard for any limitation agreed between the client and such advisor, provided that we shall not be obliged to make or pursue any such claim for contribution.
- No liability whatsoever will be accepted on the part of the Company, its directors, shareholders, notaries, agents or staff in relation to any loss, damage or liability whatsoever caused directly or indirectly to any party other than the client for whom the Company has agreed to act in connection with the relevant matter. No third party shall have any right to enforce any contract by the Company to provide advice or services or to rely upon any advice given or opinion expressed by or on behalf of the Company Any legislation conferring on third parties contractual or other rights, including the Contract (Rights of Third Parties Act 1999) shall be excluded insofar as permitted by law.
- In any event, no liability whatsoever will be accepted on the part of the Company, its directors, shareholders, notaries, agents or staff [where such liability either arises from any instructions or information given by the client or by any third party being incomplete, inaccurate or incorrect; or where such liability is for any indirect, economic or consequential loss or damage, costs or expenses whatsoever or howsoever caused which arise out of or in connection with the services provided by the Company or for loss of profit, loss of business or opportunity, loss of data, depletion of goodwill or force majeur or otherwise.
- We shall not be liable to you to the extent that we are unable to perform our services as a result of any cause beyond our reasonable control including without limitation industrial action (other than solely on the part of our personnel), act of God, war, civil commutation, terrorism, theft, malicious damage (other than by our personnel) accident, failure to breakdown of computers, machinery, systems, extreme weather conditions or power failure. Rights as a consumer as defined in the Unfair Terms in Consumer Contracts Regulations 1999 shall not be adversely affected by these terms to the extent prohibited by those Regulations.
- All searches of the Register of Companies and other Public Bodies carried out by the Company are made using appropriate means including on-line service. No liability whatsoever will arise from any inaccuracy in the information so received.
- These limitations will apply notwithstanding any express or implied term of business or any collateral agreement or warranty, whether express or implied.
13.0 Electronic communication
- Electronic Communication (e-mail) can be used between the Company and its clients and others but please note that because of the nature of e-mail, we cannot guarantee its confidentiality. If you use e-mail to contact us or if you inform us of your e-mail address we will assume that you accept this risk and you impliedly allow us to communicate to you by e-mail unless you expressly instruct us not to do so.
14.0 Use of technology, Devices and Artificial Intelligence
- To the extent that we use any automated decision-making technology, including artificial intelligence, in the course of my services, we do not rely upon the same without human intervention.
- Before using any new technology including artificial intelligence, we carry out an appropriate risk assessment to ensure that your rights are not adversely affected by the same.
15.0 Complaints procedure
15.1 Complaints
- We aim to provide all clients with an efficient and high standard of service. However, in the unlikely event that you should wish to complain, then you should follow the complaints procedure set out below.
15.2 Complaints procedure
- As stated above, our notaries are regulated by the Faculty Office of the Archbishop of Canterbury:
- The Faculty Office
1, The Sanctuary
Westminster
London SW1 3JT
Telefonnummer: 020 7222 538
E-Mail-Adresse: [email protected]
Website: www.facultyoffice.org.uk
- The Faculty Office
- If you are dissatisfied about the service you have received, please do not hesitate to contact us in the first instance. You shall contact the responsible Notary and we will do all we can to resolve the issue.
- When you contact us in relation to a complaint you wish to make, we will let you know if the acting notary is also a member of the Notaries’ Society and/or the Worshipful Company of Scriveners.
- If we are unable to resolve the matter you may then complain to the relevant society of which the notary handling your matter is a member, who have 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 relevant society following the table below :-
The name of the society which the notary handling your matter is a member of: The Notaries Society The Worshipful Company of Scriveners If the notary handling your matter is not a member of either of the Notaries Society or The Worshipful Company of Scriveners, please write to the Faculty Office at the below address: The Secretary of The Notaries Society, P O Box 1023 Ipswich IP1 9XB
Telephone: 01604 758908
E-Mail-Adresse: [email protected]The Clerk
Information Technologists’ Hall
39A Bartholomew Close, Barbican
London EC1A 7JN
Telephone: 020 7240 0529
E-Mail-Adresse: [email protected]The Faculty Office
1, The Sanctuary
Westminster
London SW1 3JT
Telephone: 020 7222 5381
Email: faculty.[email protected]
Website: www.facultyoffice.org.uk - If you have any difficulty in making a complaint in writing, please do not hesitate to call the Notaries Society/ The Worshipful Company of Scriveners /the Faculty Office for assistance.
- Finally, even if you have your complaint considered under Notaries Society/ The Worshipful Company of Scriveners /the Faculty Office Approved Complaints Procedure, you may at the end of that procedure, or after a period of 8 weeks from the date you first notified us that you were dissatisfied, make your complaint to the Legal Ombudsman, if you are not happy with the result:-
- Legal Ombudsman*
P O Box 6167, Slough SL1 0EH
Telefonnummer: 0300 555 033
E-Mail-Adresse: [email protected]
Website: www.legalombudsman.org.uk
- Legal Ombudsman*
- 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.*Certain commercial entities are not eligible to make a complaint to the Legal Ombudsman – please refer to the Legal Ombudsman Scheme Rules or consult the Faculty Office.
15.3 Law and jurisdiction
- The terms of our appointment (including these Terms of Business) are governed by and construed in accordance with English law. You and we hereby irrevocably submit to the non-exclusive jurisdiction of the English courts in respect of any claim, dispute or difference of whatever nature concerning our appointment and arising from it.
Data Protection Privacy Notice
1.0 Introduction
- NOTABLE NOTARIES LTD of Portman House, 2 Portman street, W1H 6DU London (“Business”, “we”, “us”, “our”). The Business is registered with the Information Commissioner’s Office (“ICO”) under number ZA062562.
- If you have any questions about this privacy notice (“Notice”), please contact us by email ([email protected])
- 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 or otherwise, 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 paragraph 9.
2.0 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:
- 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;
- to the extent this is required in connection with the Services, such personal data is accurate, complete and up to date; and
- 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 at paragraph 18, 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.
3.0 How do we use your personal data?
- The Business will only process personal data, in accordance with applicable law, for the following purposes:
- responding to your queries, requests and other communications;
- providing the Services, including, where applicable, procuring acts from foreign organisations;
- 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;
- allowing you to use features on our website, when you choose to do so;
- ensuring the security of the Business and preventing or detecting fraud;
- administering our Business, including complaints resolution, troubleshooting of our website, data analysis, testing of new features, research, statistical and survey purposes;
- developing and improving our Services;
- 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.
4.0 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 functions in relation to the notaries profession, such as Chambers of Commerce;
- 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.
5.0 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.
6.0 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.
7.0 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.
8.0 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. 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.
Unsere Datenschutzrichtlinie
1.0 Introduction
- In order that you as a service provider and data processor (referred to as “Processor” or “you” or “your”) may provide or continue to provide certain services (the “Services”) to us, the Notary Business and data controller (referred to as “Notary Business” or “we”, “us” or “our”), you have agreed that these data processing terms (“Terms”) shall apply (notwithstanding any other terms and conditions applicable to the delivery of the Services to the contrary) in order to address the compliance obligations imposed upon the Notary Business and its Clients pursuant to the Data Protection Act 2018. These Terms shall constitute a separate agreement, or they may be incorporated by reference in the relevant Services agreement, as the case may be.
- By accepting any materials from the Notary Business or otherwise commencing the services (“Effective Date”), You agree that the Processor will process Notary Business data in accordance with these Terms, which You hereby accept for and on behalf of the Processor.
- Now it is hereby agreed as follows:
2.0 Definitions
- In this Agreement, capitalised words shall have the meaning as set out below or, as the case may be, elsewhere in this Agreement:
- “Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with, a party from time to time during the Term;
- “Data Protection Law” means the data privacy laws applicable to the processing in connection with the Services, including, where applicable, the Directive 95/46/EC, as amended or replaced by any subsequent Regulation, Directive or other legal instrument of the European Union including by the General Data Protection Regulation or similar law, or the applicable data privacy laws of any other relevant jurisdiction;
- “Client” means any client of the Notary Business;
- “Contractual Clauses” means the standard contractual clauses of the European Commission for the transfer of personal data across borders, as amended or replaced from time to time, or any equivalent set of contractual clauses approved for use under Data Protection Law; and
- “Notary Business Personal Data” means the personal data processed by Processor in connection with the Services on behalf of the Notary Business during the Term. The processing may include activities auxiliary to our notarial services, such as postal, courier, legalisation, translation, hosting, administrative and other services. This will include names and other information about data subjects included in Client materials.
- The words “data subject”, “personal data”, “processing” and variations, “controller” and “processor” shall have the meaning attributed to them in Data Protection Law.
3.0 Appointment
- The Notary Business is designated by its Clients, Client Affiliates and Notary Business Affiliates (collectively “Instructing Parties”) to provide and manage various services, including the Services on their behalf. Accordingly, Notary Business Personal Data may contain personal data in relation to which Instructing Parties are controllers. Notary Business confirms that it is authorised to communicate to Processor any instructions or other requirements on behalf of Instructing Parties in respect of processing of Notary Business Personal Data by Processor in connection with the Services.
- Processor is appointed by Notary Business to process Notary Business Personal Data on behalf of the Notary Business and/or the Instructing Parties, as the case may be, as is necessary to provide the Services or as otherwise agreed by the parties in writing.
4.0 Duration
- The Terms shall commence on the Effective Date and shall continue in full force and effect until such time as all Services have ceased and all Notary Business Personal Data in the Processor’s possession or within its reasonable control (including those held by a Sub-processor) has been returned or destroyed (the “Term”).
5.0 Data protection compliance
- In relation to its processing of Notary Business Personal Data, save as otherwise required by law, you agree to:
- process Notary Business Personal Data only as required in connection with the Services and in accordance with our documented lawful instructions from time to time;
- inform us if, in your opinion, an instruction infringes Data Protection Law;
- ensure that all personnel authorised by you to process Notary Business Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;
- implement appropriate technical and organisational measures to appropriately safeguard Notary Business Personal Data having regard to the nature of the personal data which is to be protected and the risk of harm which might result from any Security Breach (as defined below), at a minimum the measures set out in the Schedule;
- promptly inform us of any data subject requests under Data Protection Law or regulatory or law enforcement requests relating to Notary Business Personal Data. You shall not acknowledge or otherwise respond to the subject access request except with our prior written approval, which shall not be unreasonably withheld;
- provide such assistance as the Notary Business may reasonably require in order to ensure our or the Instructing Parties’ compliance with Data Protection Law in relation to data security, data breach notifications, data protection impact assessments and prior consultations with the Information Commissioner’s Office or other competent authority;
- at our choice, without delay delete or return all Notary Business Personal Data to us, and delete existing copies of all Notary Business Personal Data in the Processor’s possession or within its reasonable control (including those held by a Sub-processor); and
- make available to Notary Business information reasonably necessary to demonstrate your compliance with these Terms and allow for, and contribute to, audits and inspections carried out by Notary Business.
6.0 Sub-processors
- Processor will sub-contract, outsource, assign, novate or otherwise transfer obligations under these Terms or engage any subcontractors involved in the processing of Notary Business Personal Data (each a “Sub-processor”) only with Notary Business’s prior written consent and subject to the below clause within 6.0.
- When engaging a Sub-processor, Processor will:
- carry out reasonable due diligence;
- enter into a contract on terms, as far as practicable, same as those in these Terms, and which may include Contractual Clauses to provide adequate safeguards with respect to the processing of Notary Business Personal Data; and
- inform us of any intended changes concerning the addition or replacement of a Sub-processor from time to time. If we object to any such change on reasonable grounds, then acting in good faith the parties will work together to resolve such objection.
7.0 Security incidents
- “Security Breach” means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Notary Business Personal Data transmitted, stored or otherwise processed.
- Processor will notify the Notary Business without undue delay if Processor aware of any Security Breach.
- Processor will investigate the Security Breach and take reasonable action to identify, prevent and mitigate the effects of the Security Breach. Processor will take such further action as we may reasonably request in order to comply with Data Protection Law.
- Processor may not release or publish any filing, communication, notice, press release, or report concerning any Security Breach (“Notices”) without our prior written approval; such approval shall not be unreasonably withheld.
8.0 International data transfers
- Processor will ensure that no Notary Business Personal Data are transferred out of either:
- the European Economic Area; or
- any other territory in which restrictions are imposed on the transfer of Notary Business Personal Data across borders under Data Protection Laws, without the prior written consent of Notary Business and subject to the below clause within 8.0
- Notary Business will ensure that Contractual Clauses or other applicable transfer mechanism, such as EU-US Privacy Shield Framework in relation to EU-US transfers, is in place to ensure adequate level of data protection.
9.0 Indemnity
- Notwithstanding any provisions of the relevant Services agreement to the contrary, Processor shall and hereby agrees to indemnify Notary Business and Instructing Parties 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 as a result of any gross negligence or wilful breach by Processor of these Terms.
10.0 Miscellaneous
- Clause and other headings in these Terms are for convenience only and shall not affect the meaning or interpretation of these Terms.
- To the extent of any conflict, these Terms shall prevail over any Services agreement or other agreement.
- Nothing in these Terms will exclude or limit the liability of either party which cannot be limited or excluded by applicable law. Subject to the foregoing sentence,
- these Terms, including any appendices, constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior agreements, understandings, negotiations and discussions of the parties relating to its subject matter; and
- in relation to the subject matter of these Terms neither party has relied on, and neither party will have any right or remedy based on, any statement, representation or warranty, whether made negligently or innocently, except those expressly set out in these Terms.
- Processor shall agree any amendment to these Terms that may be required from time to time for us and Instructing Parties to comply with any amended Data Protection Laws.
- All notices of termination or breach must be in English, in writing and addressed to the other party’s primary contact person or legal department. Notice will be treated as given on receipt, as verified by a valid receipt or electronic log. Postal notices will be deemed received 48 hours from the date of posting by recorded delivery or registered post.
- Subject to clause 3 within 10.0, the Notaries Society is not a party to these Terms, and it shall have no liability whatsoever.
- The provisions of these Terms are severable. If any phrase, clause or provision is invalid or unenforceable in whole or in part, such invalidity or unenforceability shall affect only such phrase, clause or provision, and the rest of these Terms shall remain in full force and effect.
- These Terms are governed by English law and the parties submit to the exclusive jurisdiction of the English courts in relation to any dispute (contractual or non-contractual) concerning these Terms save that either party may apply to any court for an injunction or other relief to protect its property or confidential information.
10.0 Schedule: security measures
- Processor shall put in place the following measures, as applicable.
- Minimum technical measures
- Firewalls which are properly configured and using the latest software;
- user access control management;
- unique passwords of sufficient complexity and regular expiry on all devices;
- secure configuration on all devices;
- regular software updates, if appropriate, by using patch management software;
- timely decommissioning and secure wiping (that renders data unrecoverable) of old software and hardware;
- real-time protection anti-virus, anti-malware and anti-spyware software;
- https;
- encryption of all portable devices ensuring appropriate protection of the key;
- encryption of personal data in transit by using suitable encryption solutions;
- multi-factor authentication for remote access;
- WPA-TKIP secured WiFi access;
- delinquent web filtering and other appropriate internet access restrictions;
- intrusion detection and prevention systems;
- appropriate and proportionate monitoring of personnel; and;
- data backup and disaster recovery measures and procedures.
- Minimal organisational measures
- Vet all personnel including staff, contractors, vendors and suppliers (including Sub-processors) on continuous basis;
- non-disclosure agreements used with all personnel;
- regular training of all personnel on confidentiality, data processing obligations, identification of Security Breaches and risks;
- apply principle of least authority, including a restricted or strictly controlled transit of data and material outside of office;
- physical security on premises including reception or front desk, security passes, clean desk policy, storage of documents in secure cabinets, secure disposal of materials, CCTV, etc.;
- apply appropriate policies including Information Security Policy, Data Protection Policy, BYOD, Acceptable Use Policy;
- limited and monitored personal use of work resources, as appropriate.
- Minimum technical measures
Bedingungen für die Datenverarbeitung
1.0 Introduction
- This Policy (“Policy”) sets out the 9 Data Protection Principles which NOTABLE NOTARIES LTD of Portman House, 2 Portman Street, London W1H 6D, England (“Business”) commits to comply with when processing personal data in the course of its business of providing notarial services.
- The Business has notified its data processing activities to the Information Commissioner’s Office under registration number: ZA062562.
- The Appendix contains a Glossary of the defined terms in this Policy.
2.0 Compliance with this policy
- The Business will ensure the protection of personal data in accordance with this Policy by the notaries, all personnel and suppliers.
- A breach of data protection laws by the notaries, any personnel or supplier could result not only in monetary penalties awarded against the Business but also negative publicity which could affect the Business as well as the entire notaries’ profession.
3.0 The data protection principles
- The Business shall comply with the following 9 Data Protection Principles when processing personal data.
4.0 Fairness and Transparency
The Business must process personal data fairly and provide individuals with information about how and why their personal data is processed.
- The Business must inform the data subjects about their rights and in particular, the existence of the right to request from the Business as controller access to and rectification or erasure of personal data or restriction of processing concerning the data subject or to object to processing as well as the right to data portability unless there is a legal ground for the Business as controller not to follow the data subject’s request;
- the existence of the right to withdraw consent at any time, if applicable;
- the right to lodge a complaint with a supervisory authority;
- whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether the data subject is obliged to provide the personal data and of the possible consequences of failure to provide such data; and the existence of Automated Decisions, including profiling, and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
- Where a client provides personal data of third-party data subjects to the Business, no notice will have to be provided to those third-party data subjects by the Business if such information must remain confidential subject to an obligation of professional secrecy. To the extent that no such obligation of professional secrecy applies, the Business should place a contractual obligation on each client and Supplier to ensure that such notice is provided to those third-party data subjects on behalf of the Business.
5.0 Lawful processing
The Business must only process personal data, including sensitive personal data, lawfully where it has a valid basis for the processing.
- Generally, personal data must not be processed without a legal ground. In the context of the Business, personal data are typically processed on the basis of:
- processing is necessary for the performance of a notarial, similar or associated services to which the data subject (e.g. the client) is party or in order to take steps at the request of the data subject prior to perform any of the above services;
- processing necessary for the legitimate interests pursued by a client or the Business, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject. This ground may apply to the processing of the personal data of any third-party data subjects whose personal data are provided by the client;
- a legal obligation to which the Business is subject and where compliance with such obligation necessitates the processing of personal data by the Business;
- data subject’s consent, where such consent is procured from the client; and;
- other legal grounds.
6.0 Purpose limitation
The Business must only collect personal data for a specific, explicit and legitimate purpose. Any subsequent processing should be compatible with that purpose, unless the Business has obtained the individual’s consent, or the processing is otherwise permitted by law.
- The Business will typically process:
- the personal data of its clients as required for the purposes of providing its professional services and the administration of its client relationships;
- the personal data of its Personnel as required for the administration of Personnel, if applicable;
- the personal data of its Suppliers as required for the administration of its Supplier relationships, if applicable; and
- the personal data of its clients, personnel and suppliers as is necessary in order to comply with its legal obligations.
- The Business will generally not carry out any unsolicited electronic marketing, but to the extent it does, it will have to comply with the law.
7.0 Data minimisation
The Business must only process personal data that is adequate, relevant and limited to what is necessary for the purpose for which it was collected.
- The Business should place a contractual obligation on each client to ensure that only the minimum necessary personal data is provided in connection with the professional services sought.
- Where a client provides personal data that appears excessive in connection with the professional services sought, the Business will return such personal data to the client and request that an adequate record of personal data is provided.
8.0 Data accuracy
The Business must take reasonable steps to ensure personal data is accurate, complete, and kept up-to-date.
- The Business should place a contractual obligation on each client to ensure that any personal data provided in connection with the professional services sought is accurate, complete and up to date.
- The Business will endeavour to keep an accurate record of personal data in relation to its clients and Personnel.
9.0 Individual rights
The Business must allow individuals to exercise their rights in relation to their personal data, including their rights of access, erasure, rectification, portability and objection.
- The Business will ensure that all Individual Rights Requests are correctly identified and appropriately responded to, subject to any applicable exemptions.
10.0 Storage limitation
The Business must only keep personal data for as long as it is needed for the purpose for which it was collected or for a further permitted purpose.
- The Business will keep all records as long as required by applicable law or as may be necessary having regard to custom, practice or the nature of the documents concerned. For example, the Notaries Practice Rules 2014 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.
- Save for personal data included in records which must kept for a prescribed period or preserved permanently in compliance with any legal obligations to which the Business is subject, such as the obligation explained above, personal data shall be kept for no longer than necessary for the relevant purpose. For example, any Personnel records should be kept for no longer than 12 months following the termination of employment or contract, unless a longer retention is required under applicable law.
11.0 Data security
The Business must use appropriate security measures to protect personal data, including where third parties are processing personal data on our behalf.
- The Business has an obligation to put in place appropriate technical and organisational measures to ensure a level of security appropriate to the risk of the occurrence and the likely consequences of a security breach. The measures set out below are for illustration only.
- The Business will adopt the following security measures:
- Physical security measures
- ensure physical security of premises, e.g. locked office;
- keep documents in locked cabinets;
- reduce access privileges to only those needed;
- grant access to only such Personnel who need to have access in connection with their duties;
- dispose of documents using a confidential bin or through a crosscut shredder; and
- other appropriate physical security measures.
- Organisational security measures & Technical security measures:
- The Business will comply with the Policy on Appointing Suppliers.
- Physical security measures
12.0 Accountability
The Business must take steps to comply with, and be able to demonstrate compliance, with the Data Protection Principles.
- The Business will implement appropriate governance processes as set out in this Policy.
13.0 Governance processes
- In order to ensure that the Data Protection Principles are implemented the Business shall adopt the following governance processes.
13.1 Documented policies
- In order to ensure compliance with Data Protection Principle 9 (Accountability), the Business shall comply with this Policy and implement such other data protection policies and establish internal governance processes from time to time as may be required in order to operate the Business in compliance with data protection laws.
13.2 Assurance
- The Business will ensure, by way of training or otherwise, that Personnel carry out their tasks in a way that will ensure compliance with data protection laws. Each member of Personnel and each Supplier shall have access to this Policy, and it shall have an obligation to comply with it.
- Each Supplier will have to comply with data protection obligations in accordance with its service agreement including, where appropriate, a data processing agreement.
- The Business shall periodically review this Policy and other policies to ensure that they continue to comply with the relevant legal requirements.
13.3 Advice
- Where necessary the Business shall seek advice in order to ensure that its processes comply with data protection laws.
13.4 Third parties
- The Business shall comply with Policy: Appointing Suppliers in relation to appointing any third-party contractor or supplier who will process personal data on behalf of the Business.
13.5 Record-keeping
- The Business will implement a process to maintain an up-to-date documented record of its processing activities by way of any appropriate means.
- Although it is envisaged that the Business will act as data controller in the majority of cases, where the Business processes personal data on behalf of another person, the Business will make sure to maintain a record of its activities as a data processor and/or data controller.
- This record should include a general description of the following:
- The identity of the Business and contact details.
- The categories of processing carried out on behalf of the third party.
- Any transfers outside the EEA.
- Where possible, a general description of the technical and organisational security measures in place.
13.6 Privacy by design
- When implementing a new processing activity, tool or functionality involved in the processing of personal data, the Business will ensure, by contractual means or otherwise, that such activity, tool or functionality is designed and built in a way that allows us to comply with the Data Protection Principles.
13.7 Complaint handling
- The Business shall implement a process to receive and handle enquiries and complaints from individuals and the supervisory authorities concerning the processing of personal data.
- The Business shall ensure that all enquiries and complaints are dealt with in a timely manner, in compliance with any applicable statutory deadlines. Please see our complaints procedure detailed at point B.4. above.
14.0 Appendix: glossary
- Anonymous data – Data which does not relate to an identified or identifiable individual, or personal data which has been rendered permanently anonymous in such a way that the individual is no longer identifiable (even if the data was combined with other data held by the Business Company).
- Automated Decision – A decision which produces legal effects, or similarly significantly affects an individual, and which is based solely on the automated processing (including profiling) of their personal data.
- Business – The business of providing notarial services.
- Controller – A party which determines the purposes and means of the data processing.
- Data – Any information which is recorded electronically or, where recorded in a manual format (e.g. on paper), is organised by reference to an individual.
- Data subject – The individual to whom the personal data relates.
- Individual Rights Request – A request from a data subject in respect of their personal data, e.g., to access, erase, or rectify their personal data, or object to its processing.
- Personal data – Any data relating to an identified or identifiable natural person. This can include (but is not limited to) names, addresses, email addresses, positions held, photographs, job applications, personnel files, occupational health records, opinions, and correspondence to and from an individual.
- Personnel – All employees of the Business at all levels, including, directors, officers, agency workers, seconded workers, volunteers, interns, agents, contractors and external consultants.
- Processing – Any operation performed on personal data, such as collection, recording, storage, retrieval, use, combining it with other data, transmission, disclosure or deletion.
- Processor – A party processing personal data on behalf of a controller, under the controller’s instructions.
- Pseudonymised data – Personal data which can only be attributed to a specific individual by combining it with additional information (such as a key or other identifier), where the additional information is kept technically and logically separate from the pseudonymised data to avoid the individual being identified. Pseudonymised data remains personal data.
- Sensitive or special categories personal data – Personal data revealing a person’s racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership; biometric (e.g. fingerprints or facial recognition) or genetic information; or information about a person’s health, sex life or sexual orientation, or relating to criminal convictions or offences (including allegations).
- Supplier – Any external vendor, supplier, consultant or similar third party engaged to provide services to the Business.
Informationen für Mandant*innen
1.0 Registered address
Notable Notaries Ltd
Portman House,
2 Portman Street,
London, W1H 6DU
- Die von uns erbrachte Dienstleistung ist die eines Notars/einer Notarin, der alle zulässigen notariellen Tätigkeiten durchführt, einschließlich, falls zutreffend, der Legalisierung von Dokumenten und/oder deren Versand an den endgültigen Verwendungsort. Ein wesentlicher Teil der Aufgaben eines Notars/einer Notarin besteht darin, Akten zu führen und aufzubewahren.
2.0 Service information
- Jede notarielle Angelegenheit ist anders, und die Anforderungen sind unterschiedlich, je nachdem, ob die Dokumente im Namen einer Privatperson oder einer juristischen Person, wie etwa eine Gesellschaft, unterzeichnet werden sollen. Einige der wichtigsten Etappen sind wahrscheinlich folgende:
- Entgegennahme und Überprüfung der zu beglaubigenden oder zu bescheinigenden Dokumente zusammen mit etwaigen Anweisungen, die wir erhalten haben.
- Kontaktaufnahme mit Ihren Rechtsberatern im Ausland oder anderen Stellen, um die erforderlichen due diligence Unterlagen für die Bearbeitung des Dokuments zu beschaffen (z. B. Informationen von Companies House oder ausländischen Handelsregistern, Vollmachten usw.).
- Überprüfung der Identität, der Geschäftsfähigkeit und der Vollmacht der Person, die das Dokument unterzeichnen soll.
- Wenn die Echtheit eines Dokuments bescheinigt werden soll, müsste diese bei den ausstellenden Behörden geprüft werden. Im Falle von akademischen Auszeichnungen würde dies die erforderliche Einholung einer schriftlichen Bestätigung von den entsprechenden akademischen Einrichtungen bedeuten.
- Treffen mit dem/der Unterzeichner(in), um seine/ihre Identität und geschäftsfähigkeit zu überprüfen und sich zu vergewissern, dass er/sie versteht, was er/sie unterschreibt und dass er/sie dies aus freiem Willen tut, und um sicherzustellen, dass das Dokument korrekt ausgeführt wird.
- Abfassung und Anbringung einer notariellen Beglaubigung/Bescheinigung auf dem Dokument mittels Ösen, Band und Prägesiegel.
- Arranging for the legalisation of the document as appropriate (FCO apostille service and further Consular legalisation for specific jurisdictions when needed).
- Veranlassung der Aufbewahrung von Kopien aller notariell beglaubigten Dokumente gemäß den Anforderungen der notariellen Praxisregeln 2019.
3.0 Redress
- We are insured under a professional indemnity policy for at least £1,000,000.00.
4.0 Complaints procedure
4.1 Complaints
- We aim to provide all clients with an efficient and high standard of service. However, in the unlikely event that you should wish to complain, then you should follow the complaints procedure set out below.
4.2 Complaints procedure
- As stated above, our notarial practice is regulated through the Faculty Office of the Archbishop of Canterbury:
- The Faculty Office
1, The Sanctuary
Westminster
London SW1 3JT - Telefonnummer: 020 7222 5381
E-Mail-Adresse: [email protected]
Website: www.facultyoffice.org.uk
- The Faculty Office
- If you are dissatisfied about the service you have received, please do not hesitate to contact us in the first instance. You shall contact the responsible Notary and we will do all we can to resolve the issue.
- When you contact us in relation to a complaint you wish to make, we will let you know if the acting notary is also a member of the Notaries’ Society and/or the Worshipful Company of Scriveners.
- If we are unable to resolve the matter you may then complain to the relevant society of which the notary handling your matter is a member, who have 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 relevant society following the table below :-
The name of the society which the notary handling your matter is a member of: The Notaries Society The Worshipful Company of Scriveners If the notary handling your matter is not a member of either of the Notaries Society or The Worshipful Company of Scriveners, please write to the Faculty Office at the below address: The Secretary of The Notaries Society, P O Box 1023 Ipswich IP1 9XB
Telephone: 01604 758908
E-Mail-Adresse: [email protected]The Clerk
Information Technologists’ Hall
39A Bartholomew Close, Barbican
London EC1A 7JN
Telephone: 020 7240 0529
E-Mail-Adresse: [email protected]The Faculty Office
1, The Sanctuary
Westminster
London SW1 3JT
Telephone: 020 7222 5381
Email: faculty.[email protected]
Website: www.facultyoffice.org.uk - If you have any difficulty in making a complaint in writing, please do not hesitate to call the Notaries Society/ The Worshipful Company of Scriveners /the Faculty Office for assistance.
- Finally, even if you have your complaint considered under Notaries Society/ The Worshipful Company of Scriveners /the Faculty Office Approved Complaints Procedure, you may at the end of that procedure, or after a period of 8 weeks from the date you first notified us that you were dissatisfied, make your complaint to the Legal Ombudsman, if you are not happy with the result:-
- Legal Ombudsman*
- P O Box 6167, Slough SL1 0EH
- Telefonnummer: 0300 555 033
E-Mail-Adresse: [email protected]
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.
*Certain commercial entities are not eligible to make a complaint to the Legal Ombudsman – please refer to the Legal Ombudsman Scheme Rules or consult the Faculty Office.