PRIVACY NOTICE issued by Invicta Accounting Limited

Introduction

The Data Protection Act 2018 (“DPA 2018”) and the General Data Protection Regulation (“GDPR”) impose certain legal obligations in connection with the processing of personal data. Invicta Accounting Limited is a data controller within the meaning of the GDPR and we process personal data. The firm’s contact details are as follows: Invicta Accounting Limited, 24 Athol Street, Douglas, Isle of Man, IM1 1JA. 

The purposes for which we intend to process personal data

We intend to process personal data to enable us (i) to supply professional services to you as our client (ii) to fulfil our obligations under relevant laws in force from time to time (iii) to use in the investigation and/or defence of potential complaints, disciplinary proceedings and legal proceedings (iv) to enable us to invoice you for our services and investigate/address any attendant fee disputes that may have arisen (v) to contact you about other services we provide which may be of interest to you if you have consented to us doing so.

The legal bases for our intended processing of personal data

Our intended processing of personal data has the following legal bases (i) At the time you instructed us to act, you gave consent to our processing your personal data for the purposes listed above (ii) The processing is necessary for the performance of our contract with you (iii) The processing is necessary for compliance with legal obligations to which we are subject. It is a requirement of our contract with you that you provide us with the personal data that we request. If you do not provide the information that we request, we may not be able to provide professional services to you. If this is the case, we will not be able to commence acting or will need to cease to act.

Categories of personal data collected

Personal data means any information relating to an identified or identifiable natural person. This can be widespread and often whether information is considered personal will depend upon the context in which it is collected. 

Source of personal data collected

In addition to the personal information you provide us, we may also collect personal data about you from third parties and/or publicly available resources such as Tax authorities, Companies Registries, Social Media.

Persons/organisations to whom we may give personal data

We may share your personal data with tax authorities, any third parties with whom you require or permit us to correspond, subcontractors, tax insurance providers, professional insurance providers. If the law allows or requires us to do so, we may share your personal data with the police, law enforcement agencies, courts and tribunals, the Information Commissioner’s Office (“ICO”) etc. If we have a legal obligation to share your personal data with a third party and you ask us not to we will be required to cease acting for you.

Retention of personal data

When acting as a data controller and in accordance with recognised good practice within the tax and accountancy sector we will retain all our records relating to you for 7 years from the date the business relationship ceased. You are responsible for retaining information that we send to you for the appropriate legal time. Where we act as a data processor as defined in DPA 2018, we will delete or return all personal data to the data controller as agreed with the controller at the termination of the contract.

Requesting personal data we hold about you (subject access requests)

You have a right to make a ‘subject access request’ (“SAR”). Please provide all SARs in writing marked for the attention of the directors. To help us provide the information you want and deal with your request more quickly, you should include enough details to enable us to verify your identity and locate the relevant information.  DPA 2018 requires that we comply with a SAR promptly and in any event within one month of receipt. There are, however, some circumstances in which the law allows us to refuse to provide access to personal data in response to a SAR (e.g. if you have previously made a similar request and there has been little or no change to the data since we complied with the original request). We will not charge you for dealing with a SAR.

You can ask someone else to request information on your behalf – for example, a friend, relative or solicitor. We must have your authority to respond to a SAR made on your behalf. You can provide such authority by signing a letter which states that you authorise the person concerned to write to us for information about you, and/or receive our reply. Where you are a data controller and we act for you as a data processor (e.g. by processing payroll), we will assist you with SARs on the same basis as is set out above.

Putting things right (the right to rectification)

You have a right to obtain the rectification of any inaccurate personal data concerning you that we hold. You also have a right to have any incomplete personal data that we hold about you completed. Should you become aware that any personal data that we hold about you is inaccurate and/or incomplete, please inform us immediately so we can correct and/or complete it.

Deleting your records (the right to erasure)

In certain circumstances you have a right to have the personal data that we hold about you erased. Further information is available on the ICO website (https://www.inforights.im/). If you would like your personal data to be erased, please inform us and we will consider your request.  In certain circumstances we have the right to refuse to comply with a request for erasure. If applicable, we will supply you with the reasons for refusing your request. 

The right to restrict processing and the right to object

In certain circumstances you have the right to ‘block’ or suppress the processing of personal data or to object to the processing of that information.  Further information is available on the ICO website (www.inforights.im).  Please inform us if you want us to cease to process your information or you object to processing so that we can consider what action, if any, is appropriate.  

Obtaining and reusing personal data (the right to data portability)

In certain circumstances you have the right to be provided with the personal data that we hold about you in a machine-readable format, e.g. so that the data can easily be provided to a new professional adviser. Further information is available on the ICO website (www.inforights.im). The right to data portability only applies (i) to personal data an individual has provided to a controller (ii) where the processing is based on the individual’s consent or for the performance of a contract (iii) when processing is carried out by automated means. We will respond to any data portability requests made to us without undue delay and within one month.  We may extend the period by a further two months where the request is complex or a number of requests are received but we will inform you within one month of the receipt of the request and explain why the extension is necessary. 

Withdrawal of consent

Where you have consented to our processing of your personal data, you have the right to withdraw that consent at any time. Be aware that (i) the withdrawal of consent does not affect the lawfulness of earlier processing (ii) if you withdraw your consent, we may not be able to continue to provide services to you (iii) even if you withdraw your consent, it may remain lawful for us to process your data on another legal basis (e.g. because we have a legal obligation to continue to process your data)

Automated decision-making

We do not intend to use automated decision-making in relation to your personal data. 

Complaints

If you have requested details of the information we hold about you and you are not happy with our response, or you think we have not complied with the GDPR or DPA 2018 in some other way, you can send your complaint to the directors. If you are not happy with our response, you have a right to lodge a complaint with the ICO (www.inforights.im).

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