1. PURPOSE OF THIS POLICY
This policy describes how we collect and use personal data about you, in accordance with the General Data Protection Regulation (GDPR), the Data Protection Act 2018 and any other national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK (‘Data Protection Legislation’).
Please read the following carefully to understand our practices regarding your personal data and how we will treat it.
In this policy:
An “Office-Holder” is a partner or employee of the firm who holds one of the following (or similar) appointments:
· Administrative Receiver
· Administrator
· Fixed Charge Receiver
· Interim Liquidator
· Liquidator
· LPA Receiver
· Nominee or Supervisor of a Voluntary Arrangement
· Provisional Liquidator
· Special Manager
· Trustee in Bankruptcy
· Trustee of a Protected Trust Deed
· Trustee of a Sequestrated Estate.
The “Company” is the legal entity over which the Office-Holder is appointed.PRIVACY POLICY
1. PURPOSE OF THIS POLICY
This policy describes how we collect and use personal data about you, in accordance with the General Data Protection Regulation (GDPR), the Data Protection Act 2018 and any other national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK (‘Data Protection Legislation’).
Please read the following carefully to understand our practices regarding your personal data and how we will treat it.
In this policy:
An “Office-Holder” is a partner or employee of the firm who holds one of the following (or similar) appointments:
· Administrative Receiver
· Administrator
· Fixed Charge Receiver
· Interim Liquidator
· Liquidator
· LPA Receiver
· Nominee or Supervisor of a Voluntary Arrangement
· Provisional Liquidator
· Special Manager
· Trustee in Bankruptcy
· Trustee of a Protected Trust Deed
· Trustee of a Sequestrated Estate.
The “Company” is the legal entity over which the Office-Holder is appointed.
2. THE DATA WE COLLECT ABOUT YOU
Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed.
We may collect, use, store and transfer different kinds of personal data about you as follows:
· Identity Data includes, in relation to you or a family member, first name, maiden name, last name, username or similar identifier; marital status; title; date of birth; gender; data contained on passport, photocard driving license or other identity card; and data contained in photographs, videos and CCTV images.
· Contact Data includes home address and billing address (if different), email address and telephone numbers.
· Financial Data includesincome, personal expenditure, charitable donations, taxation and other financial-related details; investments and other financial interests; bank account and payment card details; pension details; and data relating to the membership of professional bodies.
· Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
· Profile data includes your username and password, your interests, preferences, feedback and survey responses.
· Usage Data includes information about how you use our products and services.
· Marketing and Communications Data includes your preferences in receiving marketing material from us and your communication preferences.
3. DATA CONTROLLER
Depending on the circumstances, the data controller may be any of the following:
· The Company, where the data has been collected and processed by it. The company may be contacted via the Office-Holder.
· The Office-Holder, where he/she has collected and processed data pursuant to his/her duties under the relevant applicable insolvency legislation or instrument of appointment. If you do not already hold contact details for the Office-Holder, he/she may be contacted via Andrew.bland@dmcrecovery.co.uk.
· DMC Recovery Limited where that entity is engaged to provide services to you. The relevant entity may be contacted via Andrew.bland@dmcrecovery.co.uk.
4. HOW WE MAY COLLECT YOUR PERSONAL DATA
Your personal data may be collected from the following sources:
· Records that the company already hold about you
· Questionnaires submitted by you to the Redundancy Payments Service
· Questionnaires completed by you and others and returned to the firm
· Correspondence between you and the firm
· Notes from meetings held between you and the Firm’s staff
· Information provided to the firm by third parties in relation to an appointment
· Information held in the public domain (for example, at Companies House and the Land Registry).
You may also give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone or email or otherwise. This includes personal data you provide when you:
· Engage us to provide a service
· Use our website.
5. HOW WE USE PERSONAL DATA WE HOLD ABOUT YOU
The precise way in which your personal data is used will depend on the basis on which you interact with the firm. The most common examples are set out below.
a) I am an individual Supplier of a business over which an Office-Holder has been appointed
Your personal data is used primarily to fulfil the Office-Holders duties under the relevant applicable insolvency legislation.
Your personal data will be used for the following purposes:
· To contact you regarding any potential claim against the Company.
· To enable the Office-Holder to adjudicate upon any potential claims against the Company.
· To pursue any amounts due from you to the Company.
If the Office-Holder sells the business as a going concern it may be necessary to provide the purchaser with your personal data to enable it to deal with the continuation of your supplies to you.
b) I am an individual Shareholder of a business which an Office-Holder has been appointed
Your personal data is used primarily to fulfil the Office-Holders duties under the relevant applicable insolvency legislation.
Your personal data will be used for the following purposes:
· To contact you regarding any potential claim against the Company.
· To enable the Office-Holder to adjudicate upon any potential claims against the Company.
· To pursue any amounts due from you to the Company.
c) I am an Employee of a business over which the Office-Holder has been appointed
Your personal data is used primarily to fulfil the Office-Holder’s duties under the relevant applicable insolvency legislation.
Your personal data will be used for the following purposes:
· To calculate any claim you may have against the Company, including any redundancy pay due from the Redundancy Payments Service.
· To calculate unpaid pension contributions by the Company.
· To continue the Company’s payroll if you are retained by the Company post-appointment
· To contact your trade union, if applicable.
If the Office-Holder sells the business as a going concern it may be necessary to provide the purchaser with your personal data to enable it to deal with the continuation of your employment.
d) I am a Director (De facto or Shadow) / Partner / Owner of a business over which the Office-Holder has been appointed.
Your personal data is used primarily to fulfil the Office-Holder’s duties under the relevant applicable insolvency legislation.
Your personal data will be used for the following purposes:
· To enable the Office-Holder to comply with his/her obligations under Company Directors Disqualifications Act 1986, if applicable.
· To calculate any claim you may have against the Company, including any redundancy pay due from the Redundancy Payments Service.
· To calculate unpaid pension contributions by the Company.
· To continue the Company’s payroll if you are retained by the Company post-appointment
· To contact your trade union, if applicable.
If the Office-Holder sells the business as a going concern it may be necessary to provide the purchaser with your personal data to enable it to deal with the continuation of your employment.
e) I am an Individual who has been made Bankrupt and an Office-Holder has been appointed over my estate.
Your personal data is used primarily to fulfil the Office-Holders duties under the relevant applicable insolvency legislation.
Your personal data will be used for the following purposes:
· To make enquires regarding any assets which form part of your estate.
· To make enquiries into any claims received against your estate.
· To allow us to assess your annual income and expenditure statements.
f) I am an Individual who is proposing or is subject to a Voluntary Arrangement and an Office-Holder has been appointed over my estate.
Your personal data is used primarily to fulfil the Office-Holders duties under the relevant applicable insolvency legislation.
Your personal data will be used for the following purposes:
· To make enquires regarding any assets which form part of your estate.
· To make enquiries into any claims received against your estate.
· To make an assessment as to the suitability of your proposal.
g) I am an individual Customer of a business over which an Office-Holder has been appointed
Your personal data is used primarily to fulfil the Office-Holders duties under the relevant applicable insolvency legislation.
Your personal data will be used for the following purposes:
· To contact you regarding any potential claim against the company (for example, warranty issues or deposits)
· To enable Office-Holder to adjudicate upon any potential claims against the Company.
· To pursue any amounts due from you to the company.
If the Office-Holder sells the business as a going concern it may be necessary to provide the purchaser with your personal data to enable it to deal with the continuation of your supplies to you.
6. CHANGE OF PURPOSE
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to receive an explanation as to how processing for the new purpose is compatible with the original purpose, please contact our Data Protection Officer at: Andrew.bland@dmcrecovery.co.uk
Please note that we may process your personal data without your knowledge or consent where this is required or permitted by law.
7. DISCLOSURE OF PERSONAL DATA
We do not sell, distribute or otherwise make personal data commercially available to any party, except as described in this policy or with your prior permission.
An Office-Holder has a legal obligation, in certain circumstances, to disclose personal data to:
· His/her regulatory body
· The Secretary of State
An Office-Holder/ the firm may also be under an obligation to provide your personal data to other third parties who have a statutory right to request it (for example, HMRC) or who have obtained an appropriate court order.
We may also share your personal data with:
· Our auditors, insurers or a competent government or regulatory body.
· Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. Any new owners of our business may use your personal data in the same way as set out in this privacy policy.
· Third party service providers (including any debt collection agency used by the Office-Holder. As well as service providers who may assist with the calculation of employee claims or pension deficits and contributions.
· Another third party if our client lawfully instructs us to do so, including the parent entity of an audit client and/or its auditor pursuant to ISA 600.
· Owners of our clients, including shareholders.
· Our clients’ funders.
8. PROTECTION OF YOUR PERSONAL DATA
We take the security of the personal data we hold seriously. Policies and procedures are in place to safeguard it from loss, misuse and improper disclosure.
We also have procedures to deal with any suspected personal breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
All our third-party service providers are required to take appropriate security measures to protect your personal information in line with our policies. We do not allow our third-party service providers to use your personal information for their own purposes. We only permit them to process your personal information for specified purposes and in accordance with our instructions.
To the extent that the processing of personal data involves the transfer of such data to a territory that does not provide an adequate level of protection, we shall implement appropriate safeguards in accordance with applicable data protection legislation. You may request details of any safeguards implemented from our Data Protection Officer at: Andrew.bland@dmcrecovery.co.uk
9. FOR HOW LONG WILL WE USE YOUR PERSONAL DATA?
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, regulatory or reporting requirements. To determine the appropriate retention period for personal data, we consider:
· The amount, nature, and sensitivity of the data;
· The potential risk of harm from unauthorised use or disclosure of the data;
· The purposes for which we process the data; and
· The applicable legal requirements.
Personal data will generally be held for no longer that 7 years after the closure of an appointment.
10. YOUR LEGAL RIGHTS
We assume responsibility for keeping an accurate record of personal data once you have submitted the information. Please inform us of any changes to your information.
You are entitled to:
· Request access to your personal data.
· Request the correction or erasure of your personal data.
· Object to the processing of your personal data.
· Request a restriction of processing of your personal data.
· Request a transfer of your personal data to you or a third party.
· Withdraw consent at any time, where we are relying on consent to process your personal data.
To exercise any of the above rights please contact out Data Protection Officer at: Andrew.bland@dmcrecovery.co.uk
We may need to request specific information from you to help us to confirm your identity and ensure your right to access your personal data (or to exercise any of your rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask for further information in relation to your request to speed up our response.
11. CONTACT US
If you have any questions regarding this notice or if you would like to speak to us about the manner in which we process your personal data, please email as above or call the office on 0161 474 0920.
You also have the right to make a complaint to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues, at any time. The ICO’s contact details are as follows:
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone – 0303 123 1113 (local rate) or 01625 545 745
Website – https://ico.org.uk/concerns
What personal data we collect on our website and why we collect it
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Media
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Embedded content from other websites
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These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.