Privacy Policy

What personal information do we process during legacy administration and what do we do with it?

Legacy Link carries out a legacy administration service for a number of charities across the UK. This relates to the communication between a charity and a personal executor after a donor has died and left a gift to charity, to ensure that the donor’s wishes are carried out and respected according to the details in their Will.

We will communicate on behalf of the charity to the executors, solicitors and any other parties that are involved in the distribution of assets including other charity co-beneficiaries. Such correspondence includes thanking the donor’s family and friends, and asking and answering questions relating to the distribution of their assets.

It is a sensitive process and one that we always carry out with the utmost levels of tact, respect and gratitude on behalf of the charities we work with.

As part of this process we need to collect, hold and use personal data relating to a number of individuals. Data is held securely, retained for only as long as is necessary, and processed in a lawful way in line with the General Data Protection Regulation (EU) 2016/679.

  1. We collect personal information about:
    1. Deceased charity legators
    2. Solicitor or lay executors
    3. Other named beneficiaries mentioned in a Will
    4. Next of kin and or family members that we will want to thank and report on the progress of a legacy gift
    5. Employees of organisations that we need to communicate with during the administration process including charity legacy officers, solicitor employees etc.
  2. Personal data is collected in the following ways:
    1. From copies of Wills;
    2. Provided by third parties, such as Smee & Ford
    3. from communication with executors, solicitors and any other professional third party during the legacy administration process
    4. Provided to Legacy Link from the charity we are providing the legacy administration support for
    5. Provided to Legacy Link from other co-beneficiary charities that are involved in the specific legacy it relates to.
    6. is in the public domain.
  3. The types of personal information that we may collect, store and use as part of the legacy administration process include records relating to:
    1. home address and contact details as well as contact details for next of kin and co-beneficiaries;
    2. co-beneficiaries level of entitlement to any gifts or share of an estate where our charity clients are
    3. telephone, email, internet, fax or instant messenger use;
    4. We usually do not collect sensitive personal information such as health status, ethnicity, religion or sexual orientation for example, unless it can be proven to be pertinent to the legacy case and there is a clear reason for doing so.
  4. We will use personal information to carry out our legacy administration on behalf of the charities we work for. We will lawfully process this information subject to section 6(1)(f) of the GDPR:
    1. Where the data subject has provided their consent;
    2. Where the processing is necessary for compliance with a legal obligation;
    3. Where necessary for the purpose of legitimate interests pursued by the controller or a third party, except where such interests are overridden by the interests, rights or freedoms of the data subject.

Charities have a legal entitlement to any legacy gifts they are given and are accountable to the Charity Commission under Charity Law to ensure the money is received and used according to their charitable purposes.

In order to fulfil these obligations, we may need to use personal data of living individuals, for example to write a letter to the executor to pass on thanks and gratitude to the family of the deceased donor, and to communicate about the practicalities of the estate.

We will not use this personal data to market or fundraise from the executor or next of kin without their express consent to do so.

Data is held in line with our Data Retention Policy and for no longer than is necessary.

  1. We confirm that that for the purposes of the Data Protection Act 1998 and the General Data Protection Regulation (EU) 2016/679, Legacy Link Consultancy is a Data Processor of the personal information in connection with the legacy administration process. This means that we only act on the written instructions of the charities we work for an in line with their Data Protection, Privacy and Retention policies.
  2. If you consider that we may hold any data about you or that any information held about you is inaccurate then you should contact our Data Protection Officer by email at ashley@legacy-link.co.uk where we will respond to your data access request in line with our Data Protection Policy.
  3. We will only use your personal information within Legacy Link for the purposes for which it was obtained. Legacy Link will not, under any circumstances, share or sell your personal data with any third party for marketing purposes and you will not receive offers from other companies or organisations as a result of giving your details to us.

We may need to share your information with “data processors” such as our consultants, associated organisations and agents who help us provide our legacy administration service to the charities we work with. These “data processors” will only act under our instruction and we will not allow these organisations to use your data for their own purposes and will take care to ensure they keep your data secure.

We will also comply with legal requests where disclosure is required or permitted by law (for example to government bodies for tax purposes or law enforcement agencies for the prevention and detection of crime, subject to such bodies providing us with a relevant request in writing).

  1. We will hold your personal information on our systems for as long as is necessary for the relevant activity, for example we will keep a record of information relating to legacy cases for as long as the case is still active. On closure of a file we will return any data we hold to the charity we work for and delete any copies we hold. We may need to keep information for a longer period than that in certain circumstances – for example in a life interest case where our charity clients have an interest in an asset that someone else is entitled to live in during their lifetime. Or where the charity has asked us to hold archives of information for future auditing purposes. In these situations we will ensure we only retain information that is required and relevant to the specific situation.

In most circumstances we return and delete all personal data relating to legacy cases that have closed to the charity we are acting for.

Full details of how we retain data can be found in our Data Retention Policy.

  1. Legacy Link takes the care of your data seriously and undertakes to protect your personal information in a range of ways. These measures include implementing specific technologies and procedures designed to protect your privacy, such as secure servers, firewalls and SSL encryption.

Full details of our data protection processes can be found in our Data Protection Policy.