This privacy notice is effective from 25 May 2018.
At Kelsall Steele Ltd, we understand that we have a responsibility to protect and respect your privacy and look after your personal data.
This Privacy Notice, inclusive of our Terms of Business, explains what personal data we collect, how we use your personal data, reasons we may need to disclose your personal data to others, and how we store your personal data securely.
For clarity, Kelsall Steele Ltd may be both data controller and data processor for your personal data. This policy is subject to change.
1. PURPOSE OF THIS NOTICE
This notice describes how we collect and use personal data about you, in accordance with the General Data Protection Regulation (GDPR), the Data Protection Act [1998 OR 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.
2. ABOUT US
Kelsall Steele Ltd is an accountancy and tax advisory firm. We are registered in England and Wales as a limited company under number 4601356, and our registered office is at Woodlands Court, Truro Business Park, Truro, Cornwall, TR4 9NH.
For the purposes of the Data Protection Legislation and this notice, we are the ‘data controller’, and in some cases the ‘data controller’ and the ‘data processor’. This means that we are responsible for deciding how we hold and use personal data about you. We are required under the Data Protection Legislation to notify you of the information contained in this privacy notice.
We have appointed a Head of Privacy. Our Head of Privacy is our Data Protection Point of Contact and is responsible for assisting with enquiries in relation to this privacy notice or our treatment of your personal data. Should you wish to contact our Data Protection Point of Contact you can do so using the contact details noted at paragraph 12 (Contact Us), below.
3. HOW WE MAY COLLECT YOUR PERSONAL DATA
We obtain personal data about you from your use of our website, completion of forms on our website, contacting us by phone, email, post, social media, or otherwise in respect of any of our services we provide. We collect information from you when you engage us to provide our services, and during the provision of those services. We also collect information from third parties and/or publicly available resources, such as from your employer as our client in the provision of payroll services, or from Companies House.
If you provide us with personal data about a third party, such as your employees, you warrant that you have obtained the express consent from the third party for the disclosure and use of their personal data.
Your personal data may be automatically collected when you use our services, including but not limited to, your IP address and device-specific information.
4. THE KIND OF INFORMATION WE HOLD ABOUT YOU
The information we hold about you may include, but is not limited to, the following:
- identity details including your name and date of birth
- contact details including, name, postal and email addresses, phone numbers, title, job title, employment and marital status;
- financial information relating to you, including national insurance number, tax codes, salary details, pension contributions, and bank and credit card account details;
- business related information including contact information, sales, expenditure, VAT and company registration information;
- details of your dependants, including name, address and date of birth;
- details of contact we have had with you in relation to the provision, or the proposed provision, of our services;
- details of any services you have received from us;
- our correspondence and communications with you;
- information about any complaints and enquiries you make to us;
- information from research, surveys, and marketing activities;
- Information we receive from other sources, such as publicly available information, information provided by our clients, or information from our member network firms, or information from our related company Kelsall Steele Investment Services Ltd.
5. HOW WE USE PERSONAL DATA WE HOLD ABOUT YOU
We may process your personal data for purposes necessary for the performance of our contract with you OR our clients, and to comply with our legal obligations. This may include processing your personal data where you are an employee, subcontractor, supplier or customer of our client.
We may process your personal data for the purposes of our own legitimate interests provided that those interests do not override any of your own interests, rights and freedoms which require the protection of personal data. This includes processing for marketing, business development, statistical and management purposes.
We may process your personal data for certain additional purposes with your consent, and in these limited circumstances where your consent is required for the processing of your personal data then you have the right to withdraw your consent to processing for such specific purposes.
Please note that we may process your personal data for more than one lawful basis depending on the specific purpose for which we are using your data.
Situations in which we will use your personal data
We may use your personal data to:
- carry out money laundering and financial checks and for fraud and crime prevention and detection purposes;
- contact you for us to manage, administer and provide our services to you;
- carry out our obligations for services as detailed in our engagement letter and terms of business between you and us.
- communicate any legislative updates that apply to you or your business, including any changes to our services, the terms and conditions of any services which we have provided to you, and changes to this notice and to our websites;
- enable us to advise you on your financial circumstances and the appropriateness of specific courses of action and products;
- enable us to provide you with services that you have requested that would involve, or have an impact on, your dependants;
- carry out our obligations arising from any agreements entered between our clients and us (which will most usually be for the provision of our services) where you may be an employee, subcontractor, supplier or customer of our client;
- provide you with information related to our services and our events and activities that you request from us or which we feel may interest you, provided you have consented to be contacted for such purposes;
- to allow us to provide a professional service to you and to seek your thoughts and opinions on the services we provide; and
- notify you about any changes to our services.
In some circumstances we may anonymise or pseudonymise the personal data so that it can no longer be associated with you, in which case we may use it without further notice to you.
If you refuse to provide us with certain information when requested, we may not be able to perform the contract we have entered with you. Alternatively, we may be unable to comply with our legal or regulatory obligations.
We may also process your personal data without your knowledge or consent, in accordance with this notice, where we are legally required or permitted to do so.
We will retain your personal data for the duration of the period you are a client of Kelsall Steele Ltd and only for as long as is necessary to fulfil the purposes for which it is collected.
When assessing what retention period is appropriate for your personal data, we take into consideration:
- the requirements of our business and the services provided;
- any statutory or legal obligations;
- the purposes for which we originally collected the personal data;
- the lawful grounds on which we based our processing;
- the types of personal data we have collected;
- the amount and categories of your personal data; and
- whether the purpose of the processing could reasonably be fulfilled by other means.
If you choose to cancel our service provision, we may keep your data for up to 7 years after the closure of your account with us. We may not be able to delete your data before this time due to our legal and/or accountancy obligations.
Change of purpose
Where we need to use your personal data for another reason, other than for the purpose for which we collected it, we will only use your personal data where that reason is compatible with the original purpose.
Should it be necessary to use your personal data for a new purpose, we will notify you and communicate the legal basis which allows us to do so before starting any new processing.
6. DATA SHARING
Why might we share your personal data with third parties, and who would they be?
We will share your personal data with third parties where we are required by law, where it is necessary to administer the relationship between us, or where we have another legitimate interest in doing so.
We may disclose your personal information to the following categories of recipients, or third parties:
- regulatory organisations such as HMRC in line with our provision of service to you, and as a matter of applicable law or regulation;
- our IT and cloud systems providers to assist us with providing you with an efficient, modern and professional service;
- our suppliers of professional advisory services who may review our records containing your personal information to audit and report to us on our compliance with applicable laws and regulatory requirements;
- our insurers and insurance brokers and any other provider of professional services to us;
- to other financial institutions or regulatory bodies with whom information is shared for money laundering checks, and other fraud and crime prevention purposes;
- to any other national and/or international regulatory, enforcement body, government agency or court where we believe disclosure is necessary;
- to exercise, establish or defend our legal rights, or
- to protect your vital interests; and
- to any other person with your consent to the disclosure or where we are permitted to do so by law.
All our third-party service providers are required to take commercially reasonable and appropriate security measures to protect your personal data. We only permit our third-party service providers to process your personal data for specified purposes and in accordance with our instructions. We always ensure that an adequate contract is in place in respect to the protection of your personal data.
Some third-party vendors such as Office 365 used in the provision of our email service, shares data with Microsoft third party infrastructure in the EEA.
For the avoidance of doubt, we do not and never shall, sell your personal data to third parties for marketing and advertising purposes.
7. TRANSFERRING PERSONAL DATA OUTSIDE THE EUROPEAN ECONOMIC AREA (EEA)
When using third party software providers and due to the location of their secure servers, we may transfer the personal data we collect about you to the USA or to New Zealand, which are countries outside of the EEA, to perform our contract with you.
There is an adequacy decision by the European Commission in relation to these countries, therefore they will be deemed to provide an adequate level of protection for your personal information for the Data Protection Legislation.
We have put in place model contract clauses with these third-party software providers, to ensure that your personal data is treated in a way that is consistent with and which represents the Data Protection Legislation.
Should you require further information about these protective measures, please contact us using the contact details outlined below.
8. DATA SECURITY
We have put in place commercially reasonable and 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.
We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.
We have put in place policies and automatic procedures to ensure that all communications with you that are sent by email, and that contain your personal data, will automatically be encrypted where the information is contained within an attachment; for emails that contain your personal data within the body of the email, our policies ensure that encryption is applied at the point of sending.
9. RIGHTS OF ACCESS, CORRECTION, ERASURE, AND RESTRICTION
Your duty to inform us of changes
It is important that the personal data we hold about you is accurate and current. Should your personal information change, please notify us of any changes of which we need to be made aware by contacting us, using the contact details below.
Your rights regarding personal data
Under certain circumstances, by law you have the right to:
- Request access to your personal data. This enables you to receive details of the personal data we hold about you and to check that we are processing it lawfully.
- Request correction of the personal data that we hold about you.
- Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have exercised your right to object to processing (see below).
- Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your situation which makes you want to object to processing on this basis. You also have the right to object where we are processing your personal information for direct marketing purposes.
- Request the restriction of processing of your personal data. This enables you to ask us to suspend the processing of personal data about you, for example if you want us to establish its accuracy or the reason for processing it.
- Request the transfer of your personal data to you or another data controller if the processing is based on consent, carried out by automated means and this is technically feasible.
If you want to exercise any of the above rights, please email our Head of Privacy on firstname.lastname@example.org clearly stating Data Access Request in the subject line.
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 for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.
10. RIGHT TO WITHDRAW CONSENT
In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal data for a specific purpose (for example, in relation to direct marketing that you have indicated you would like to receive from us), you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please email our Head of Privacy on email@example.com.
Once we have received notification that you have withdrawn your consent, we will no longer process your personal information (personal data) for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.
11. CHANGES TO THIS NOTICE
Any changes we may make to our privacy notice in the future will be updated on our website at www.kelsallsteele.co.uk/privacy or provided to you as part of any updated terms of business.
12. CONTACT US
If you have any questions regarding this notice or if you would like to speak to us about the way we process your personal data, please contact our Head of Privacy, using the email address firstname.lastname@example.org and clearly stating Data Protection enquiry in the subject line, or by telephone on 01872 271655.
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 can be found at https://ico.org.uk/concerns or as follows:
Information Commissioner’s Office