1. Purpose of this Notice
This notice describes how we collect and use personal data about you in accordance with the General Data Protection Regulations (GDPR), the Data Protection Act 1998 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.
2. About Us
mfw Insolvency & Corporate Recovery (“MFW”, KentInsolvency.co.uk,“we”, “us”, or “our”) is committed to protecting your privacy. This privacy statement describes why and how we collect and use personal data and provides information about the rights of individuals. This privacy statement applies to personal data provided to us, both by individuals themselves or by others. We may use personal data provided to us for any of the purposes described in this privacy statement or as otherwise stated at the point of collection.
The insolvent entity will remain as Data Controller for its own records.
For the office holders records our Data Controllers are Amanda Ireland and Alison Collier, mfw Insolvency & Corporate Recovery, Bank Chambers, 1 Central Avenue, Sittingbourne, Kent, ME10 4AE.
3. What is personal data?
The GDPR/Data Protection Act 1998 defines personal data as any information relating to an identified or identifiable living person.
We process personal data for numerous purposes, and the means of collection, lawful basis of processing, use, disclosure, and retention periods for each purpose may differ. When collecting and using personal data, our policy is to be transparent about how and why we process personal data.
4. How we 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 by email, telephone, post, fax or social media, when you have a query about our services;
- or from any third parties and/or publicly available resources (for example, from your employer, from HMRC, from Companies House);
- you are a creditor or debtor of an insolvent entity that we are appointed to deal with.
5. The type of information we hold about you
The information we hold about you may include the following:
- your personal details, such as your name and address;
- details of your liability to or from insolvent entities we are dealing with;
- details of contact we have had with you in relation to the provision, or the proposed provision of our services or are dealing with an insolvent employer;
- family/spousal information where necessary;
- information about management and personnel;
- payroll information where we act as a payroll bureau or are providing payroll advice and services or are dealing with an insolvent employer;
- accounts, income, taxation information and other relevant financial details such as pensions, savings and investments, etc.;
- 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 your employer or our clients.
6. How we use personal data
We may process your personal data for purposes necessary for the performance of our contract with you, or your employer, or former employer, or where you have had financial dealings with an insolvent entity over which we are appointed to act to comply with our legal obligations.
We may process your personal data for the purposes necessary for the performance of our functions as insolvency practitioners. This may include processing your personal data where you are a director, member, employee, subcontractor, supplier of an insolvent entity.
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 in order to:
- carry out our obligations arising from any appointment of an insolvent entity;
- 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 or it is within your legitimate or legal interest to receive it;
- to maintain and use our IT systems and accounting software platforms;
- to collect data to better understand an industry or sector;
- seek your thoughts and opinions on the services we provide;
- notify you about any changes to our services, and
- to comply with any legal requirement or to satisfy regulatory and Code of Conduct requirements of our professional bodies.
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 into 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.
Subject Access Request (SAR)
An individual has a right to know if information is held about them, why the information is held, the type of information held, who it is shared with and how long it will be retained. This can be requested by Subject Access Request.
However, any SAR addressed to the insolvent entity regarding their records will not be dealt with by mfw Insolvency & Corporate Recovery unless that entity pays our costs for the work involved.
mfw Insolvency & Corporate Recovery partners and staff
We collect data about individuals applying for roles or details on individuals contacting us about possible vacancies or work experience opportunities at mfw Insolvency & Corporate Recovery.
During the recruitment process we will record only the information we require or are legally obligated to capture as part of the recruitment/interview process.
We will seek your consent to retain your details on file for future recruitment drives.
We will only retain your personal data for as long as is necessary to fulfil the purpose 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.
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.
Where we have been released from a formal insolvency procedure, and in the absence of specific legal, regulatory or contractual requirements, we will retain records for up to 12 years after our release. We review our data retention policies on an annual basis.
7. Data Sharing
Why might we share your personal data with third parties?
We will share your personal data with third parties where we are required by law, where it is necessary to administer the insolvent estate or where we have another legitimate interest in doing so.
Which third-party service providers process your personal data?
“Third parties” includes third-party service providers.
The following activities are carried out by third-party services providers:
- IT and cloud services;
- professional advisory services;
- administration services;
- marketing services, and
- 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.
What about other third parties?
We may share your personal data with other third parties, for example the Secretary of State, Creditors, The Court, The Insolvency Service. We may also need to share your personal data with a regulator or to otherwise comply with the law.
8. Transferring Personal Data outside the European Economic Area (EEA)
For the majority of our insolvency cases we do not transfer data outside the EEA. However, should the circumstances of a case require this we always follow the Information Commissioner’s guidance and those of the GDPR supervisory body in the relevant country.
Our email marketing platform is Mailchimp. Mailchimp is based in the United States of America and therefore, data may, as a result, be held in that country. Mailchimp is signed up to the Privacy Shield and has been confirmed as being GDPR compliant. Further details on Mailchimp GDPR policies can be read here.
The US Privacy Shield is an adequacy decision by the European Commission in relation to data stored in the United States of America. This is deemed to provide an adequate level of protection for your personal information for the purposes of Data Protection Legislation. This only affects marketing emails sent by our marketing team and for which we will either have your consent (non-clients) or, for clients, are sending you information we feel would be of benefit for you using legitimate or legal interests to do so. You have the right to unsubscribe to any future marketing emails at any time you wish.
For more details about the Privacy Shield click here
To unsubscribe to our emails you can unsubscribe using the link in the foot of the email or notify our Marketing Manager, please see below for their contact details.
9. 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. We will notify you and any applicable regulator of a suspected breach, where we are legally required to do so.
We would like to send you information about our products and services. Please note that if you have consented to receive marketing emails you will always have the option to opt-out at a later date.
You have the right at any time to request us to stop contacting you for marketing purposes. If you wish to exercise this right then please contact our Marketing Manager. Details of our Marketing Manager are located at the foot of this notice.
Visitors to our website
We collect data from our site in the following ways:
Type of data collected/How we use this data
Contact form/get in touch & booking a free consultation
You can contact us via telephone or email. Our contact details are easy to find on our Contact page. You can also contact us by completing the contact form contained in the contact page. We will use this information to contact you to answer your query or in order to book a free consultation for you, if you have requested a free consultation in the relevant opt-in box. We will not share this information with any third parties and use this for the purposes of answering your enquiry.
You can opt-in to receive email updates from us by ticking the box on our contact form. If you decide to opt-in to our news updates, we will log your details in our content management system (CMS) and marketing email platforms. However, you can unsubscribe at any point by using the unsubscribe link in each MFW email or by emailing our Marketing Manager (please see the foot of this notice for contact details) with the subject heading – Unsubscribe me from MFW emails and providing your name and email address so that you can be identified and removed manually from our database. We do not share your information with any third parties.
Cookies – information we use to monitor our website performance
We use the following codes:
Cookies required for our CMS system to function. Our website is built using the WordPress CMS system. WordPress stores the following two cookies: Your user name and a double-hashed copy of your password. The cookies are set to expire two weeks from the time they are set.
Our website uses the WordPress following cookies:
Cookies required for website Analytics/Google Analytics We use Google Analytics to collect information about how visitors use our website and use this information to help us improve our site. The cookies collected for Google Analytics provide information to us in an anonymous form, including the number of visitors to our site, where visitors have come to the site from and the pages they visited.
Setting your browser not to accept cookies
You can always set your browser to not accept cookies. Please note, however, that this may mean that some of our website features may not function as a result.
How we use personal information gained via our website
We use your information in the following ways:
- to provide you with updates on our products and services which you have either requested from us or which we feel would be of interest and benefit to you;
- to be able to track the services we provide you with or have subscribed to;
- to enable us to continually improve our services. This can include client satisfaction surveys;
- to notify you of any changes to our services;
- to notify you of any legislation changes including tax & legal updates;
- for recruitment and selection for interview purposes, where you have indicated an interest in working for mfw Insolvency & Corporate Recovery.
- to review and update the content of our website, including our blog and news area, so that we can keep our website content updated and relevant for our clients;
- to review the types of questions we receive in order to post relevant blog and social media updates;
- to send you newsletter updates where you have elected to receive this by opting into newsletter subscriptions via our contact page.
Due diligence – website security
We take all reasonable care to ensure our website is secure. Our website features a security certificate and additional security plug-ins built into to our Content Management system WordPress to ensure our website is as secure as possible. However, as no data transmissions over the internet can ever be guaranteed as being 100% secure we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk.
External website links
Our website is securely hosted in the UK.
Terms & Conditions
Details of our website terms & conditions can be read here.
Our Marketing Manager’s contact details are listed at the foot of this notice.