Last updated 24th October 2018
The Data Protection Act 2018 (“DPA 2018”) and the General Data Protection Regulation (“GDPR”) impose certain legal obligations in connection with the processing of personal data.
When we say ‘personal data’ we mean identifiable information about you, like your name, email, address, telephone number, bank account details, payment information, queries and so on. If you can’t be identified (for example, when personal data has been aggregated and anonymised) then this notice doesn’t apply.
BIDDERSWOOLY is a data controller within the meaning of the GDPR and we process personal data. The firm’s contact details are as follows:
Name: JULIE WOOLCOTT
This notice applies across all services that we provide, including online and mobile accounting. For the purpose of this notice, we’ll just call them our ‘services’.
Where we act as a data processor on behalf of another data controller (for example, if processing payroll), we provide an additional schedule setting out required information as part of that agreement. That additional schedule should be read in conjunction with this privacy notice.
The purposes for which we intend to use your personal data
We intend to process personal data for the following purposes:
· To enable us to supply professional services and support to you as our client.
· To enable us to respond to your requests and queries.
· To ask for feedback about our service and third-party services we provide to you
· To fulfil our obligations under relevant laws in force from time to time (e.g. the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (“MLR 2017”)).
· To comply with professional obligations to which we are subject as a member of Association of Accounting Technicians (AAT).
· To use in the investigation and/or defense of potential complaints, disciplinary proceedings and legal proceedings.
· To enable us to invoice you for our services and investigate/address any attendant fee disputes that may have arisen.
· To contact you about other services we provide which may be of interest to you if you have consented to us doing so.
· To inform you about any changes to our services and related notices, such as security and fraud notices.
The legal bases for our intended use of your personal data
At the time you instructed us to act, you gave consent to using your personal data for the purposes listed above.
· The processing is necessary for the performance of our contract with you.
· The processing is necessary for compliance with legal obligations to which we are subject (e.g. MLR 2017).
· The processing is necessary for the purposes of the following legitimate interests which we pursue.
It is a requirement of our contract with you that you provide us with the personal data that we request. If you do not provide the information that we request, we may not be able to provide professional services to you. If this is the case, we will not be able to commence acting or will need to cease to act.
How we collect personal data
The ways in which we collect personal data can be broadly categorised into the following:
1. Information you provide us directly– When you contact us directly or contact us via our website, we will ask you for personal data.
2. Information we collect automatically– We may collect information about you if you visit our website. We may also collect information when you navigate through the website pages and services. This information helps us get a better understanding of how your using the website so we can continue to provide the best possible experience
3. Information we get from third parties– The majority of information we collect will be from you directly, but sometimes we might collect data from other sources, such as publicly available materials or trusted third parties, including third-parties provided to us by you. We may use this information to supplement the personal data we already hold about you in order to better inform, personalise and improve our services and to validate the personal data you provide.
Persons/organisations to whom we may give personal data
We may share your personal data with:
If the law allows or requires us to do so, or we need to enforce or apply any contract or agreement with you, or protect our rights, property, safety, members or others in the course of investigating and/or preventing money laundering and fraud, we may share your personal data with third-parties such as the following, but is not limited to:
We may need to share your personal data with the third parties identified in order to comply with our legal obligations, including our legal obligations to you. If you ask us not to share your personal data with such third parties we may need to cease to act.
Transfers of personal data outside the EEA
Any personal data we hold will only be transferred outside the European Economic Area EEA if one of the following conditions applies:
1. The country to which your personal data shall be transferred ensures an adequate level of protection and can ensure your legal rights and freedoms.
2. The transfer is legally required on important public interest ground or for the establishment, exercise or defence of legal claims
3. The transfer is authorised by the ICO and we have received evidence of adequate safeguards being in place regarding the protection of your privacy, your fundamental rights and freedoms and which allow your rights to be exercised
4. You have given us your consent
5. The transfer is necessary for one of the reasons set out in the Enactments, including the performance of a contract between you and us, or to protect your vital interests.
Retention of personal data
The length of time we keep your personal data depends on what it is and whether we have an ongoing business need to retain it (for example, to provide you with a service you’ve requested or to comply with applicable legal, tax or accounting requirements).
We’ll retain your personal data for a long as we have a relationship with you and for a period of time afterwards where we have an ongoing business need to retain it, in accordance with our data retention policies and practices. Following that period, we make sure it’s deleted or anonymised.
· where tax returns have been prepared it is our policy to retain information for 7 years from the end of the tax year to which the information relates.
· where ad hoc advisory work has been undertaken which is unrelated to tax returns, it is our policy to retain information for 2 years from the date the business relationship ceased.
· where we have an ongoing client relationship, data which is needed for more than one year’s tax compliance (e.g. capital gains base costs and claims and elections submitted to HMRC) is retained throughout the period of the relationship, but will be deleted 2 years after the end of the business relationship unless you as our client ask us to retain it for a longer period.
Following a disengagement of our services for any reason, we reserve the right to destroy any documents that we have not been able to return to you after a period of six months, unless other laws or regulations require otherwise.
You are responsible for retaining information that we send to you (including details of capital gains base costs and claims and elections submitted) and this will be supplied in the form agreed between us. Documents and records relevant to your tax affairs are required by law to be retained by you as follows:
Individuals, trustees and partnerships
· with trading or rental income: five years and 10 months after the end of the tax year;
· otherwise: 22 months after the end of the tax year.
Companies, LLPs and other corporate entities
· six years from the end of the accounting period.
Where we act as a data processor as defined in DPA 2018, we will delete or return all personal data to the data controller as agreed with the controllerat the termination of the contract.
Security of personal data
We are committed to protecting your personal data and have appropriate technical and organisational measures in place to make sure this happens.
We maintain data security by protecting the confidentiality, integrity and availability of the personal data as follows:
1. Confidentiality - Ensuring only the people authorised to use your personal data have access to it
2. Integrity– Making certain that your personal data is accurate and suitable for the purpose for which it is intended
3. Availability– Established processes and procedures which mean only authorised users within their terms of their contract, are able to access your personal data if it is required for authorised purposes.
Requesting personal data we hold about you (subject access requests)
You have a right to request access to your personal data that we hold. Such requests are known as ‘subject access requests’ (“SARs”).
Please provide all SARs in writing marked for the attention of JULIE WOOLCOTT (see details above).
To help us provide the information you want and deal with your request more quickly, you should include enough details to enable us to verify your identity and locate the relevant information. For example, you should tell us:
If you do not have a national insurance number, you must send a copy of:
DPA 2018 requires that we comply with a SAR promptly and in any event within one month of receipt.
There are, however, some circumstances in which the law allows us to refuse to provide access to personal data in response to a SAR (e.g. if you have previously made a similar request and there has been little or no change to the data since we complied with the original request).
We will not charge you for dealing with a SAR.
You can ask someone else to request information on your behalf – for example, a friend, relative or solicitor. We must have your authority to respond to a SAR made on your behalf. You can provide such authority by signing a letter which states that you authorise the person concerned to write to us for information about you, and/or receive our reply.
Where you are a data controller and we act for you as a data processor (e.g. by processing payroll), we will assist you with SARs on the same basis as is set out above.
Putting things right (the right to rectification)
You have a right to obtain the rectification of any inaccurate personal data concerning you that we hold. You also have a right to have any incomplete personal data that we hold about you completed. Should you become aware that any personal data that we hold about you is inaccurate and/or incomplete, please inform us immediately so we can correct and/or complete it.
Deleting your records (the right to erasure)
In certain circumstances you have a right to have the personal data that we hold about you erased. Further information is available on the ICO website (www.ico.org.uk). If you would like your personal data to be erased, please inform us immediately and we will consider your request. In certain circumstances we have the right to refuse to comply with a request for erasure. If applicable, we will supply you with the reasons for refusing your request.
The right to restrict processing and the right to object
In certain circumstances you have the right to ‘block’ or suppress the processing of personal data or to object to the processing of that information. Further information is available on the ICO website (www.ico.org.uk). Please inform us immediately if you want us to cease to process your information or you object to processing so that we can consider what action, if any, is appropriate.
Obtaining and reusing personal data (the right to data portability)
In certain circumstances you have the right to be provided with the personal data that we hold about you in a machine-readable format, e.g. so that the data can easily be provided to a new professional adviser.
Further information is available on the ICO website (www.ico.org.uk).
The right to data portability only applies:
· to personal data an individual has provided to a controller;
· where the processing is based on the individual’s consent or for the performance of a contract; and
· when processing is carried out by automated means
We will respond to any data portability requests made to us without undue delay and within one month. We may extend the period by a further two months where the request is complex or a number of requests are received but we will inform you within one month of the receipt of the request and explain why the extension is necessary.
Withdrawal of consent
Where you have consented to our processing of your personal data, you have the right to withdraw that consent at any time. Please inform us immediately if you wish to withdraw your consent.
· the withdrawal of consent does not affect the lawfulness of earlier processing
· if you withdraw your consent, we may not be able to continue to provide services to you
· even if you withdraw your consent, it may remain lawful for us to process your data on another legal basis (e.g. because we have a legal obligation to continue to process your data)
We do not intend to use automated decision-making in relation to your personal data.
Changes to our privacy notice
If you have requested details of the information we hold about you and you are not happy with our response, or you think we have not complied with the GDPR or DPA 2018 in some other way, you can complain to us. Please send your complaint to:
Name: JULIE WOOLCOTT
Address: 22 Milestone Road, Newhall, Harlow, Essex, CM17 9NW
If you are unhappy with our response, you have a right to complaint directly to the ICO: Information Commissioner’s Office. Details of which can be found at www.ico.org.uk