AB Insolvency Limited - Privacy Policy

AB Insolvency Limited - Privacy Policy 

1                   INTRODUCTION 

1.1                Welcome to the AB Insolvency Limited’s privacy policy.

AB Insolvency Limited is a data controller for the purposes of Data Protection Legislation (as defined below), having its registered office at 20 Kirkgate, Sherburn in Elmet, LS25 6BL.

1.2                In this privacy policy, we describe how we process the personal data of our officers, website users and any other relevant individual that we engage with in the ordinary course of business.

1.3                AB Insolvency Limited respects your privacy and is committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.  

2                   IMPORTANT INFORMATION AND WHO WE ARE  

2.1                Purposes of this Privacy Policy

2.1.1             This privacy policy aims to give you information on how AB Insolvency Limited collects and processes your personal data.

2.1.2            This website is not intended for children and we do not knowingly collect data relating to children.

2.1.3             It is important that you read this privacy policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy policy supplements other notices and privacy policies and is not intended to override them.

2.2                Controller 

2.2.1             AB Insolvency Limited is the controller and responsible for your personal data (collectively referred to as "the Company”, “we”, “us” or “our” in this privacy policy).

2.2.2             We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact the DPO using the details set out below.

2.3                  DPO Contact Details

If you have any questions about this privacy policy or our privacy practices, please contact our DPO in the following ways:

Full name of legal entity: AB Insolvency Limited 

Email address: ablack@abinsolvency.com 

Postal address: 20 Kirkgate, Sherburn in Elmet, LS25 6BL

2.4                   Information Commissioner

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues.  For further information on your rights and how to complain please refer to the ICO website.  We would, however, appreciate the chance to deal with your concerns before you approach the ICO, so please contact us in the first instance.

2.5                   Changes to the Privacy Policy 

We keep our privacy policy under regular review. This version was last updated on 31 December 2018.  Historic versions can be obtained by contacting us.

2.6                   Third Party Links

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.

3                      THE DATA WE COLLECT ABOUT YOU  

3.1                   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 (anonymous data).

3.2                  The Company does not collect and/or process any information from visitors to its website.

3.3                  The Company collects data as follows:

3.3.1               Insolvency Practitioners: name, contact information

3.3.2             Supplier Information: name, contact information

3.3.3             Information in relation to insolvent estates: names and information connected to bankrupts and directors of companies

3.4                 The Company may collect information about you which is considered to be Special Categories of Personal Data (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). It may also include criminal or alleged criminal offences.  The Company only uses such information that may be necessary for us to use to comply with our legal obligations.

4                     WHO PROVIDED THE PERSONAL DATA?  

4.1                  For the General Public:

The personal data we have used to contact you was provided by the company/individual (or persons acting on their behalf) in connection with the assignment of a cause of action. We obtain Identity and Contact Data from publicly available sources such as Land Registry, Companies House and the Electoral Register based inside the EU.

4.2                   For Business Personnel:

We obtain information from you in the course of providing our services to you and where you have provided information to us.

5                      HOW WE USE YOUR PERSONAL DATA  

5.1                   We will only use your personal data when the law allows us to. The purpose for which personal information is processed may include any or all of the following:

5.1.1             To take instructions from you;

5.1.2             To communicate with you;

5.1.3             To confirm your or a third party's identity and carry out background checks, including as part of our checks in relation to anti-money laundering compliance screening and to prevent fraud and other crimes;

5.1.4             To follow up with you after you requests information to see if we can provide any further assistance;

5.1.5             Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests;

5.1.6             Where we need to comply with a legal obligation;

5.1.7             To maintain records;

5.1.8             To process financial transactions;

5.1.9             To prevent and detect crime, fraud or corruption;

5.1.10          To deliver services and meet legal responsibilities; and

5.1.11          To defend or take legal actions.

6                 PURPOSES FOR WHICH WE WILL USE YOUR PERSONAL DATA  

6.1                   The law permits us to process your personal data in the way that it does because the processing is:

6.1.1                Necessary for the purposes of the legitimate interests that we pursue, which are to run and administer our business, to discharge our legal obligations, to store and disclose information where necessary, to evaluate, develop and improve our services, to protect our business interests and to prevent fraud;

6.1.2              To ensure that complaints are investigated;

6.1.3              Necessary for the performance of a contract; and/or

6.1.4              Necessary in order to comply with a legal obligation to which we are subject.

6.2                 To the extent that we process any special categories of data relating to you for any of the purposes outlined above, we will do so because either: (i) you have given us your explicit consent to process that personal data; (ii) you have made the personal data manifestly public; or (iii) the processing is necessary for the establishment or defence of legal claims.

6.3                  Generally, we do not rely on consent as a legal basis for processing your personal data.  Where we do obtain your consent, you have the right to withdraw consent at any time by contacting us.

7                      CHANGE OF PURPOSE  

7.1                   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 get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

7.2                   If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

7.3                   Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

8                   DISCLOSURES OF YOUR PERSONAL DATA  

8.1                We may share your personal data with the following parties:

8.1.1             Third Party organisations that otherwise assist us in providing goods, services or information;

8.1.2             Professional Advisors; and

8.1.3             Law enforcement of other government and regulatory agencies or to other third parties as required by, and in accordance with, applicable law of regulation.

Occasionally we may receive requests from third parties with authority to obtain disclosure of personal data, such as to check that we are complying with applicable law and regulation, to investigate an alleged crime, to establish, exercise or defend legal rights.  We will only fulfil request for personal data where we are permitted to do so in accordance with applicable law or regulation.

8.1.4             Third party organisations that provide applications/functionality, data processing or IT services to us.

We use third parties to support us in providing our services and to help provide, run and manage our internal IT systems.  For example, providers of information technology, cloud based software as a service providers, identity management, website hosting and management, data analysis, data back-up, security and storage services.  The servers powering and facilitating that cloud infrastructure are located in secure data centres around the world, and personal data may be stored in any one of them.

8.2                  We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

9                      DATA SECURITY  

9.1                   We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

9.2                  We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

 10                  DATA RETENTION  

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

11                   YOUR LEGAL RIGHTS  

11.1                Under certain circumstances, you have rights under data protection laws in relation to your personal data, including:

11.1.1          Right to inform – this privacy notice meets our requirement to inform you of our processing of your data.

11.1.2          Right to access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

11.1.3          Right to amend the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.

11.2              Not all of the rights under the GDPR are available as one of the reasons we are holding your data is on the basis of it being a legitimate business interest and, therefore, the right to erasure, data portability and to object do not apply.

11.3              If you wish to exercise any of the rights set out above please contact us.  Requests must be in writing and we will endeavour to respond within a reasonable period and in any event within one month. Occasionally it could take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

11.4                We will correct any incorrect or incomplete information and will stop processing your personal data, or erase it, where there is no legal reason for us to continue to hold or use that information.

11.5                We aim to ensure that the information we hold about you is accurate at all times.  To assist us in ensuring that your information is up to date, do let us know if any or your personal details change.

11.6                You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

11.7                We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other 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 you for further information in relation to your request to speed up our response.