Privacy Notice

 

BACKGROUND:

 

Advantage ATO understands that your privacy is important to you and that you care about how your personal data is used. We respect and value the privacy of all of our clients and will only collect and use personal data in ways that are described here, and in a way that is consistent with our obligations and your rights under the law.

 

  1. Information About Us

Advantage ATO Limited.

Registered address: Unit 3, Brenton Business Complex, Bond Street, Bury, BL9 7BE.

Data Protection Officer: David Murphy.

Email address: dave.murphy@advantageato.co.uk.

Telephone number: 0333 012 4079.

Postal Address: Unit 3, Brenton Business Complex, Bond Street, Bury, BL9 7BE.

We are regulated by Association of Chartered Certified Accountants.

 

  1. What Does This Notice Cover?

This Privacy Information explains how we use your personal data: how it is collected, how it is held, and how it is processed. It also explains your rights under the law relating to your personal data.

 

  1. What is Personal Data?

Personal data is defined by the General Data Protection Regulation (EU Regulation 2016/679) (the “GDPR”) as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’.

Personal data is, in simpler terms, any information about you that enables you to be identified. Personal data covers obvious information such as your name and contact details, but it also covers less obvious information such as identification numbers, electronic location data, and other online identifiers.

The personal data that we use is set out in Part 5, below.

 

  1. What Are My Rights?

Under the GDPR, you have the following rights, which we will always work to uphold:

  1. The right to be informed about our collection and use of your personal data. This Privacy Notice should tell you everything you need to know, but you can always contact us to find out more or to ask any questions using the details in Part 11.
  2. The right to access the personal data we hold about you. Part 10 will tell you how to do this.
  3. The right to have your personal data rectified if any of your personal data held by us is inaccurate or incomplete. Please contact us using the details in Part 11 to find out more.
  4. The right to be forgotten, i.e. the right to ask us to delete or otherwise dispose of any of your personal data that we have. Please contact us using the details in Part 11 to find out more.
  5. The right to restrict (i.e. prevent) the processing of your personal data.
  6. The right to object to us using your personal data for a particular purpose or purposes.
  7. The right to data portability. This means that, if you have provided personal data to us directly, we are using it with your consent or for the performance of a contract, and that data is processed using automated means, you can ask us for a copy of that personal data to re-use with another service or business in many cases.
  8. Rights relating to automated decision-making and profiling. we do not use your personal data in this way.

For more information about our use of your personal data or exercising your rights as outlined above, please contact us using the details provided in Part 11.

Further information about your rights can also be obtained from the Information Commissioner’s Office or your local Citizens Advice Bureau.

If you have any cause for complaint about our use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office.

 

  1. What Personal Data Do You Collect?

We may collect some or all of the following personal data (this may vary according to your relationship with us). The information is that provided by you.

  • Name;
  • Marital Status
  • Date of birth;
  • Gender;
  • Address;
  • Email address;
  • Telephone number;
  • Payment information; only for tax refunds or fee overpayments
  • Income: Employment, Investments, Pension, Property, Business and other sources of taxable income;
  • Reliefs: Charitable Donations, Pension Contributions and Maintenance Payments.
  1. How Do You Use My Personal Data?

Under the GDPR, we must always have a lawful basis for using personal data. This may be because the data is necessary for our performance of a contract with you. Your personal data will be used for may be used for one of the following purposes:

  • Providing and managing your account.
  • Fulling our obligation to meet our contractual services to you. Your personal details are required in order for us to meet this commitment.
  • Communicating with you in relation to meeting our contractual obligations. This will include responding to emails or calls from you.

With your permission and/or where permitted by law, we may also use your personal data for marketing purposes, which may include contacting you by email, telephone or post with information, news, and offers on our services. You will not be sent any unlawful marketing or spam. We will always work to fully protect your rights and comply with our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003, and you will always have the opportunity to opt-out.

We use the following automated systems for carrying out certain kinds of profiling. If at any point you wish to query any action that we take on the basis of this or wish to request ‘human intervention’ (i.e. have someone review the action themselves, rather than relying only on the automated method), the GDPR gives you the right to do so. Please contact us  to find out more using the details in Part 11.

  • The following automated profiling may take place:
    • We are required by law to ascertain the identity of our clients, as part of this process we must carry out an Anti Money Laundering (AML) check. To do this we use Equifax AML software, it checks the Electoral Register, Financial Records, Telephone number and Persons of significant interest register. From the information the software provides a report to say whether you have passed or failed the check.
    • Note, the AML check does not leave any footprint on your credit file and will not affect your credit score in anyway.
    • In the event the AML check fails we may undertake some manual checks to ascertain your identity.
  1. How Long Will You Keep My Personal Data?

We will not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected. Your personal data will therefore be kept for the following periods (or, where there is no fixed period, the following factors will be used to determine how long it is kept):

  • Our professional body recommends a period of 7 years from the tax year end and or business year end the data relates too for tax and business purposes.
  • Should you not wish use to hold your data for this period you should ensure that you retain the information for a period of 7 years following the end of the tax or accounting year it relates to. It is a requirement under law that business records, (includes property businesses), are held for a minimum of 6 years and information for personal tax for a period of 1 year.

 

  1. How and Where Do You Store or Transfer My Personal Data?

We will only store or transfer your personal data in the UK. This means that it will be fully protected under the GDPR.

The security of your personal data is essential to us, and to protect your data, we  take a number of important measures, including the following:

  • Fully encrypted onsite data server.
  • Backups taken daily to a secure external facility

 

  1. Do You Share My Personal Data?

We will not share any of your personal data with any third parties for any purposes, subject to one important exception.

In some limited circumstances, we may be legally required to share certain personal data, which might include yours, if we are involved in legal proceedings or complying with legal obligations, a court order, or the instructions of a government authority.

  1. How Can I Access My Personal Data?

If you want to know what personal data we have about you, you can ask us for details of that personal data and for a copy of it (where any such personal data is held). This is known as a “subject access request”.

All subject access requests should be made in writing and sent to the email or postal addresses shown in Part 11. To make this as easy as possible for you, a Subject Access Request Form is available for you to use. You do not have to use this form, but it is the easiest way to tell us everything we need to know to respond to your request as quickly as possible.

There is not normally any charge for a subject access request. If your request is ‘manifestly unfounded or excessive’ (for example, if you make repetitive requests) a fee may be charged to cover our administrative costs in responding.

We will respond to your subject access request within less than one month and, in any case, not more than one month of receiving it. Normally, we aim to provide a complete response, including a copy of your personal data within that time. In some cases, however, particularly if your request is more complex, more time may be required up to a maximum of three months from the date we receive your request. You will be kept fully informed of our progress.

 

  1. How Do I Contact You?

To contact us about anything to do with your personal data and data protection, including to make a subject access request, please use the following details (for the attention of Data Processor):

Email address: contact@advantageato.co.uk.

Telephone number: 0333 012 4079.

Postal Address: Unit 3, Brenton Business Centre, Bond Street, Bury, BL9 7BE.

  1. Changes to this Privacy Notice

We may change this Privacy Notice from time to time. This may be necessary, for example, if the law changes, or if we change our business in a way that affects personal data protection.

Any changes will be notified to you by mail or email.

Advantage ATO

Data Retention Policy

May 2018

 

 

  1. Introduction

This Policy sets out the obligations of Advantage ATO, a company registered in England & Wales under number 07384943, whose registered office is at Unit 3, Brenton Business Complex, Bond Street, Bury, BL9 7BE. (“the Company”) regarding retention of personal data collected, held, and processed by the Company in accordance with EU Regulation 2016/679 General Data Protection Regulation (“GDPR”).

The GDPR defines “personal data” as any information relating to an identified or identifiable natural person (a “data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.

The GDPR also addresses “special category” personal data (also known as “sensitive” personal data). Such data includes, but is not necessarily limited to, data concerning the data subject’s race, ethnicity, politics, religion, trade union membership, genetics, biometrics (if used for ID purposes), health, sex life, or sexual orientation.

Under the GDPR, personal data shall be kept in a form which permits the identification of data subjects for no longer than is necessary for the purposes for which the personal data is processed. In certain cases, personal data may be stored for longer periods where that data is to be processed for archiving purposes that are in the public interest, for scientific or historical research, or for statistical purposes (subject to the implementation of the appropriate technical and organisational measures required by the GDPR to protect that data).

In addition, the GDPR includes the right to erasure or “the right to be forgotten”. Data subjects have the right to have their personal data erased (and to prevent the processing of that personal data) in the following circumstances:

  1. Where the personal data is no longer required for the purpose for which it was originally collected or processed (see above);
  2. When the data subject withdraws their consent;
  3. When the data subject objects to the processing of their personal data and the Company has no overriding legitimate interest;
  4. When the personal data is processed unlawfully (i.e. in breach of the GDPR);
  5. When the personal data has to be erased to comply with a legal obligation; or
  6. Where the personal data is processed for the provision of information society services to a child.

This Policy sets out the type(s) of personal data held by the Company for contractual and legal purposes for which that personal data is to be retained, the criteria for establishing and reviewing such period(s), and when and how it is to be deleted or otherwise disposed of.

 

For further information on other aspects of data protection and compliance with the GDPR, please refer to the Company’s Data Protection Policy.

 

  1. Aims and Objectives
    • The primary aim of this Policy is to set out limits for the retention of personal data and to ensure that those limits, as well as further data subject rights to erasure, are complied with. By extension, this Policy aims to ensure that the Company complies fully with its obligations and the rights of data subjects under the GDPR.
    • In addition to safeguarding the rights of data subjects under the GDPR, by ensuring that excessive amounts of data are not retained by the Company, this Policy also aims to improve the speed and efficiency of managing data.

 

  1. Scope
    • This Policy applies to all personal data held by the Company for contractual and legal purposes.
    • Personal data, as held by the Company is stored in the following ways and in the following locations:
      1. The Company’s servers, located in company premises;
      2. Computers permanently located in the Company’s premises at Unit 3, Brenton Business Complex, Bond Street, Bury, BL9 7BE;
      3. Laptop computers and other mobile devices provided by the Company to its employees do not hold client personal data.

 

  1. Data Subject Rights and Data Integrity

All personal data held by the Company is held in accordance with the requirements of the GDPR and data subjects’ rights thereunder, as set out in the Company’s Data Protection Policy.

  • Data subjects are kept fully informed of their rights, of what personal data the Company holds about them, how that personal data is used [as set out in Parts 12 and 13 of the Company’s Data Protection Policy], and how long the Company will hold that personal data (or, if no fixed retention period can be determined, the criteria by which the retention of the data will be determined).
  • Data subjects are given control over their personal data held by the Company including the right to have incorrect data rectified, the right to request that their personal data be deleted or otherwise disposed of (notwithstanding the retention periods otherwise set by this Data Retention Policy), the right to restrict the Company’s use of their personal data, [the right to data portability,] and further rights relating to automated decision-making and profiling [, as set out in Parts 14 to 20 of the Company’s Data Protection Policy].

 

  1. Technical and Organisational Data Security Measures
    • The following technical measures are in place within the Company to protect the security of personal data. Please refer to Parts 22 to 26 of the Company’s Data Protection Policy for further details:
      1. All emails containing personal data must be encrypted;
      2. All emails containing personal data must be marked “confidential”;
      3. Personal data may only be transmitted over secure networks;
      4. Personal data may not be transmitted over a wireless network if there is a reasonable wired alternative;
      5. Personal data contained in the body of an email, whether sent or received, should be copied from the body of that email and stored securely. The email itself and associated temporary files should be deleted;
      6. Where personal data is to be sent by facsimile transmission the recipient should be informed in advance and should be waiting to receive it;
      7. Where personal data is to be transferred in hardcopy form, it should be passed directly to the recipient or sent using Royal Mail;
      8. All personal data transferred physically should be transferred in a suitable container marked “confidential”;
      9. No personal data may be shared informally and if access is required to any personal data, such access should be formally requested from a Company Director.
      10. All hardcopies of personal data, along with any electronic copies stored on physical media should be stored securely;
      11. No personal data may be transferred to any employees, agents, contractors, or other parties, whether such parties are working on behalf of the Company or not, without authorisation;
      12. Personal data must be handled with care at all times and should not be left unattended or on view;
      13. Computers used to view personal data must always be locked before being left unattended;
      14. No personal data should be stored on any mobile device, whether such device belongs to the Company or otherwise without the formal written approval of a Company Director and then strictly in accordance with all instructions and limitations described at the time the approval is given, and for no longer than is absolutely necessary;
      15. No personal data should be transferred to any device personally belonging to an employee and personal data may only be transferred to devices belonging to agents, contractors, or other parties working on behalf of the Company where the party in question has agreed to comply fully with the Company’s Data Protection Policy and the GDPR;
      16. All personal data stored electronically should be backed up daily with backups stored onsite and offsite. All backups should be encrypted;
      17. All electronic copies of personal data should be stored securely using passwords and encryption;
      18. All passwords used to protect personal data should be changed regularly and should must be secure;
      19. Under no circumstances should any passwords be written down or shared. If a password is forgotten, it must be reset using the applicable method. IT staff do not have access to passwords;
      20. All software should be kept up-to-date. Security-related updates should be installed not more than 5 working days after becoming available;
      21. No software may be installed on any Company-owned computer or device without approval; and
      22. Where personal data held by the Company is used for marketing purposes, it shall be the responsibility of a Company Director to ensure that the appropriate consent is obtained and that no data subjects have opted out, whether directly or via a third-party service such as the TPS.
    • The following organisational measures are in place within the Company to protect the security of personal data. Please refer to Part 27 of the Company’s Data Protection Policy for further details:
      1. All employees and other parties working on behalf of the Company shall be made fully aware of both their individual responsibilities and the Company’s responsibilities under the GDPR and under the Company’s Data Protection Policy;
      2. Only employees and other parties working on behalf of the Company that need access to, and use of, personal data in order to perform their work shall have access to personal data held by the Company;
      3. All employees and other parties working on behalf of the Company handling personal data will be appropriately trained to do so;
      4. All employees and other parties working on behalf of the Company handling personal data will be appropriately supervised;
      5. All employees and other parties working on behalf of the Company handling personal data should exercise care and caution when discussing any work relating to personal data at all times;
      6. Methods of collecting, holding, and processing personal data shall be regularly evaluated and reviewed;
      7. The performance of those employees and other parties working on behalf of the Company handling personal data shall be regularly evaluated and reviewed;
      8. All employees and other parties working on behalf of the Company handling personal data will be bound by contract to comply with the GDPR and the Company’s Data Protection Policy;
      9. All agents, contractors, or other parties working on behalf of the Company handling personal data must ensure that any and all relevant employees are held to the same conditions as those relevant employees of the Company arising out of the GDPR and the Company’s Data Protection Policy;
      10. Where any agent, contractor or other party working on behalf of the Company handling personal data fails in their obligations under the GDPR and/or the Company’s Data Protection Policy, that party shall indemnify and hold harmless the Company against any costs, liability, damages, loss, claims or proceedings which may arise out of that failure.

 

  1. Data Disposal

Upon the expiry of the data retention periods set out below in Part 7 of this Policy, or when a data subject exercises their right to have their personal data erased, personal data shall be deleted, destroyed, or otherwise disposed of as follows:

  • Personal data stored electronically (including any and all backups thereof) shall be deleted securely using the HTTP methods;
  • Personal data stored in hardcopy form shall be shredded to at least DIN 4;
  • Special category personal data stored in hardcopy form shall be shredded to at least DIN 4.

 

  1. Data Retention
    • As stated above, and as required by law, the Company shall not retain any personal data for any longer than is necessary in light of the purpose(s) for which that data is collected, held, and processed.
    • Different types of personal data, used for different purposes, will necessarily be retained for different periods (and its retention periodically reviewed), as set out below.
    • When establishing and/or reviewing retention periods, the following shall be taken into account:
      1. The objectives and requirements of the Company;
      2. The type of personal data in question;
      3. The purpose(s) for which the data in question is collected, held, and processed;
      4. The Company’s legal basis for collecting, holding, and processing that data;
      5. The category or categories of data subject to whom the data relates;
    • If a precise retention period cannot be fixed for a particular type of data, criteria shall be established by which the retention of the data will be determined, thereby ensuring that the data in question, and the retention of that data, can be regularly reviewed against those criteria.
    • Notwithstanding the following defined retention periods, certain personal data may be deleted or otherwise disposed of prior to the expiry of its defined retention period where a decision is made within the Company to do so (whether in response to a request by a data subject or otherwise).
    • In limited circumstances, it may also be necessary to retain personal data for longer periods where such retention is for archiving purposes that are in the public interest, for scientific or historical research purposes, or for statistical purposes. All such retention will be subject to the implementation of appropriate technical and organisational measures to protect the rights and freedoms of data subjects, as required by the GDPR.

 

 

Data Ref. Type of Data Purpose of Data Review Period Retention Period or Criteria Comments
PER01 Name, Address, DOB Legal, contractual, admin 12 months 7 years Required for tax/accountancy compliance, Money Laundering Regs
REL01 Relationships/Marital Status and Children, Legal (compliance) 12 months 7 years Required for personal tax
INC01 Income/employer Legal (compliance) 12 months 7 years Required for personal tax compliance, Tax Credits if applicable
EM01 Email address Contractual and admin 12 months 7 years To meet communication obligations of client
TEL01 Mobile and or  landline number Contractual and admin 12 months 7 years To meet communication obligation of client
COM01 Client company name. share holdings Contractual and legal 12 months 7 years Required to meet company compliance obligations
REF01 Tax References, UTR and National Number Legal and contractual 12 months 7 years References for tax compliance
BAN01 Bank information Contractual and admin Limited for single use N/A Used for tax repayents or overpaid fees. Will not be retained unless specifically authorised to do so
STU01 Student Loan Legal and contractual 12 months 7 years Required for tax compliance
PEN01 Pension provider Contractual and admin 12 months 7 years Used for review with client consent by Advantage ATO for financial reviews
INS01 Insurers – Life Income Protection Contractual and admin 12 months 7 years For financial reviews

 

  1. Roles and Responsibilities
    • The Company’s Data Protection Officer is David Murphy, murphy@advantageato.co.uk or contact@advantageato.co.uk .
    • The Data Protection Officer shall be responsible for overseeing the implementation of this Policy and for monitoring compliance with this Policy, the Company’s other Data Protection-related policies (including, but not limited to, its Data Protection Policy), and with the GDPR and other applicable data protection legislation.
    • The Data Protection Office] shall be directly responsible for ensuring compliance with the above data retention periods throughout the Company.
    • Any questions regarding this Policy, the retention of personal data, or any other aspect of GDPR compliance should be referred to the Data Protection Officer.

 

  1. Implementation of Policy

This Policy shall be deemed effective as of 25 May 2018. No part of this Policy shall have retroactive effect and shall thus apply only to matters occurring on or after this date.