PRIVACY NOTICE issued by NALDRETT ACCOUNTANTS
The Data Protection Act 2018 (“DPA 2018”) and the General Data Protection Regulations (“GDPR”) impose certain legal obligations in connection with the processing of personal data.
NALDRETT ACCOUNTANTS is a data controller within the meaning of the GDPR and we process personal data. For such purposes the data controller is JENNIFER ADAMS, of NALDRETT ACCOUNTANTS, 57 LANE END DRIVE, KNAPHILL, WOKING, SURREY GU21 2QQ
We may amend this privacy notice from time to time. If we do so, we will supply you with and/or otherwise make available to you a copy of the amended privacy notice.
Where we act as a data processor on behalf of a data controller (for example, when 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 process personal data
We intend to process personal data for the following purposes:
To enable us to supply professional services to you as our client.
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 The Institute of Chartered Secretaries and Administrators, the Association of Taxation Technicians and the Society of Trust and Estate Practitioners.
To use in the investigation and/or defence 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.
The legal bases for our intended processing of personal data
Our intended processing of personal data has the following legal bases:
At the time you instructed us to act, you gave consent to our processing 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).
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 your information
We may collect your personal data by telephone, email, post or in person.
We may collect this data in the following ways:
Directly from you, when you email or phone us with an enquiry regarding our services or requesting us to carry out services for you.
When we contact you requesting information to complete the services you have requested
From a third party where you have given them authorisation to share information with us.
From a third party you have requested to contact us
From agencies assisting us to meet our regulatory requirements such as those providing Anti Money Laundering checks.
The types of information we collect
We may collect the following types of personal information about you:
Contact information, including email addresses, telephone numbers and postal addresses
Personal information, including date of birth, national insurance number, Unique Taxpayers Reference number
Earnings information, including those from self employment, employment, pensions, state benefits, property and investments
Financial information, including bank account details
Records of communications and interactions we have had with you
Information relevant to our provision of the services we offer
Sharing information with others
We do not sell your personal data. We may share your personal data with another party, including subcontractors verified by us, our Cloud Software providers, HMRC, Companies House, banks, lenders, financial and mortgage advisers, letting and reference agents, so long as we are able to determine that the other party is acting on your behalf.
We may also share your personal data with:
any third parties with whom you require or permit us to correspond
an alternate appointed by us in the event of incapacity or death
tax insurance providers
professional indemnity insurers
our professional body as given above and/or the Office of Professional Body Anti-Money Laundering Supervisors (OPBAS) in relation to practice assurance and/or the requirements of MLR 2017 (or any similar legislation)
If the law allows or requires us to do so, we may share your personal data with:
the police and law enforcement agencies
courts and tribunals
the Information Commissioner’s Office (“ICO”)
We may need to share your personal data with the third parties identified above 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.
When we use third party service providers, we disclose only the personal information that is necessary to deliver the service and we have a contract in place that requires them to keep your information secure and not to use it for their own purposes.
Please be assured that we will not release your information to third parties unless you have requested that we do so, or we are required to do so by law, for example, by a court order or for the purposes of prevention and detection of crime, fraud or corruption.
How long information is kept
We keep your personal data only for as long as necessary. Law dictates that your accounts and taxation information is kept for a minimum of 6 years, this law overrides GDPR. Payment information is not held after payment is made.
Where we have an ongoing client relationship, data which is needed for more than one year’s tax compliance is retained throughout the period of the relationship, but will be deleted 6 years after the end of the business relationship unless you as our client ask us to retain it for a longer period.
You are responsible for retaining information that we send to you and this will be supplied in the form agreed between us.
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 controller at the termination of the contract.
Requesting personal data we hold about you
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 the data controller at the address given above.
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. We will not charge you for dealing with a SAR.
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.
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
In certain circumstances you have a right to have the personal data that we hold about you erased. 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.
We may occasionally contact you by post / email / telephone with details of any changes in legal and regulatory requirements or other developments that may be relevant to your affairs and, where applicable, how we may assist you further. If you do not wish to receive such information from us, please let us know by contacting us as indicated under ‘Contact information’ below.
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. 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.
Changes to our privacy notice
We keep this privacy notice under regular review and will place any updates on the website. Paper copies of the privacy notice may also be obtained from Naldrett Accountants. 57 Lane End Drive, Knaphill, Woking, Surrey. GU21 2QQ
This privacy notice was last updated on 10 March 2019.
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 any complaints to the Data Controller as above.
Further information is available on the ICO website (www.ico.org.uk).