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.
2. ABOUT US
LTS Consulting Limited trading as Brookes Stephens Chartered Accountants “we”, “us”, “our” and “ours”) is a firm of Chartered Accountants providing accountancy, payroll, taxation and advisory services. We are registered in England and Wales as company under number 05434499 and our registered office is at New Media House, Davidson Road, Lichfield STAFFORDSHIRE WS14 9DZ.
3. HOW WE MAY COLLECT YOUR PERSONAL DATA
We obtain personal data about you, for example, when:
- you request a proposal from us in respect of the services we provide;
- you OR your employer OR our clients engage us to provide our services and also during the provision of those services;
- you contact us through the website at www.brookes-stephens.co.uk or by email, telephone, post or social media (for example when you have a query about our services); or
- from third parties and / or publicly available resources (for example, from your employer or from Companies House).
4. THE KIND OF INFORMATION WE HOLD ABOUT YOU
The information we hold about you may include the following:
- your personal details (such as your name and / or address);
- 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 or information provided by your employer.
The legal basis for collecting and using the information described above will depend on the type of personal information collected and the specific context for which we have collected it.
We will normally collect personal information from you only:
- where we need the personal information to perform a contract with you or your employer or another party with which you have a connection;
- where the processing is in our legitimate interests and not overridden by your rights; or
- where we have your consent to do so.
We have a legitimate interest in providing our services and communicating with you as necessary to provide these services. In some cases, we may also have a legal obligation to collect personal information from you or may otherwise need the personal information to protect your vital interests or those of another person.
If we ask you to provide personal information to comply with a legal requirement or to perform a contract with you, we will make that clear at the time and advise you as to whether the provision of your personal information is required or not (as well as of the possible consequences if you do not provide your personal information). Where we are providing payroll services for your employer, we may not be able to process your payroll without certain important information about you.
In some instances, it is necessary to collect more sensitive information (such as health information) which is called special category data. We will usually obtain your consent to get this sort of data and we will explain what information we require and why it is needed. Sensitive personal information will always be processed and stored securely.
You can withdraw your consent at any time to us processing this data but this may mean that you can no longer access the service or product the information was gathered for.
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 your employer OR our clients and to comply with our legal obligations.
We may process your personal data for the purposes necessary for the performance of our contract with our clients. 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.
We may use your personal data in order to:
- carry out our obligations arising from any agreements entered into between you OR your employer OR our clients and us (which will most usually be for the provision of our services);
- carry out our obligations arising from any agreements entered into between our clients and us (which will most usually be for the provision of our services) where you may be a 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;
- 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 policy to you.
If you do not give us your authority to receive information about you or if you decline to provide it when requested, we may not be able to perform the contract we have entered into with you. Further 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 policy, where we are legally required or permitted to do so.
6. DATA RETENTION
We will only retain your personal data 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.
7. 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.
8. DATA SHARING
We will share your personal data with third parties where we are required to do so by law, where it is necessary to administer the relationship between us or where we have another legitimate interest in doing so. There may be occasions where we can be compelled to share data with HMRC and / or our regulatory body, the Institute of Chartered Accountants in England and Wales.
The expression “third parties” means third-parties that provide services to us in running our business. The following activities are carried out by third-party service providers:
- Maintenance and support of our IT services
- Professional advisory services such as our legal advisors
- Marketing services
- Banking services
All of 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 may share your personal data with other third parties, for example in the context of the possible sale or restructuring of our business.
9. TRANSFERRING PERSONAL DATA OUTSIDE THE EUROPEAN ECONOMIC AREA (EEA)
We operate an automated backup system in order that all of our business critical information and personal data within that information can be preserved in the event that our IT system suffers a significant failure.
We back up our system information to a provider in the USA. There is an adequacy decision by the European Commission in relation to the USA and all companies providing such services to EU based businesses who comply with GDPR are required to self-certify that they have done so. We have reason to believe that our service provider has done this.
Other than as mentioned above, we will not transfer the personal data that we collect about you outside of the EEA.
10. 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.
11. RIGHTS OF ACCESS, CORRECTION, ERASURE, AND RESTRICTION
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.
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 particular 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 DPM, Ann Pearsall, at email@example.com.
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.
12. 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 DPM, Ann Pearsall, at firstname.lastname@example.org.
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.
13. CHANGES TO THIS POLICY
We also collect information about you from other sources. For example, our website automatically collects information from your computer using “cookies” which provides us with limited personal information. Cookies are small text files that are placed on your computer by websites that you visit. They are widely used in order to make websites work, or work more efficiently, as well as to provide information to the website owners. For further information visit www.aboutcookies.org or www.allaboutcookies.org.
You can set your browser not to accept cookies and the above websites tell you how to remove cookies from your browser. However, in a few cases some of our website features may not function as a result.
15. CONTACT US
If you have any questions regarding this policy or if you would like to speak to us about the manner in which we process your personal data, please email our DPM, Ann Pearsall, at email@example.com or telephone our DPM on 01543 440336.
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
Telephone – 0303 123 1113 (local rate) or 01625 545 745
Website – https://ico.org.uk/concerns