We take the protection of any personal data we collect very seriously. This privacy policy is intended to provide you with details of how we collect and use your data as well as explaining your rights as a data subject. Please read this notice carefully to fully understand that by using our products and services, you are agreeing to the use of your personal information as described in this notice.
What is personal data?
Under the EU’s General Data Protection Regulation personal data is defined as any information relating to an identified or identifiable natural person (data subject)’.
Why do we need to collect and store your data?
For us to provide any contract or services, we need to collect personal data limited to contact details and information to verify identity. This is in respect of individual debtors as well as directors and shareholders with a holding of 25% or more. Failure to provide this information will result in us being unable to provide any services. Therefore, processing your personal data is necessary for the performance of a contract to which you have entered into, or in order to take steps at your request prior to entering into a contract.
In any event, we are committed to ensuring that the information we collect and use is appropriate for this purpose, and does not constitute an invasion of your privacy.
We may pass your personal data onto third-party service providers contracted to support us in providing services to you. Any third parties that we may share your data with are obliged to keep your details secure, and to use them only to support the fulfilment of the service we provide to you. When they no longer need your data to fulfil this service, they will dispose of the details in line with the GDPR principles.
The third-party entities we pass your information onto are as follows:
Legal Advisors including, where appropriate, Debt Recovery Providers;
Payment Service Providers including Barclays & or Barclaycard;
Document Transmission Providers (Electronic Signing and Uploading)
Surveyors & other Services Companies.
Full details of all third-party service providers we use are available from our Data Protection Officer on request (detailed below).
Legal basis for usage of personal data
Where we intend to use your personal data, we rely on the following legal grounds:
Performance of a contract: We may need to collect and use your personal information to enter into a contract you or to perform a contract that you have with us. For example, when you use our insolvency or accountancy services we will use your personal information to provide advice to you, respond to your requests and provide you with such services in accordance with our terms of engagement.
Legitimate interests: Where we otherwise consider such use of your information as not detrimental to you, within your reasonable expectations and necessary to fulfil our legitimate interests, we may use your personal information including for our own marketing purposes.
Compliance with a legal obligation: We may be required to process your information due to legal requirements, including employment laws, anti-money laundering regulations, tax laws and other regulatory provisions due to ours status as providers of insolvency professional services.
Consent: You may be asked to provide your consent in connection with certain services that we offer, for example in respect of any processing of your personal information for our marketing purposes, or in respect of certain special categories of personal data such as your health for which we are legally obliged to gain your consent due to the sensitive nature of such information. To withdraw your consent to such use, you can contact us.
In the case of providers of insolvency services as office-holders in particular in the UK, only a licensed Insolvency Practitioner (“IP”) can be appointed in relation to formal insolvency procedures for individuals and corporate entities. IP’s are licensed to provide advice on, and undertake appointments in, all formal insolvency procedures.
The functions of an IP are governed by:
The Insolvency Act 1986 (as amended)
The Insolvency Rules 2016 (as amended)
The Insolvency Practitioners Regulations 1990
The Insolvency Practitioners Regulations 2005
The Insolvency Practitioners (Amendment Regulations) 2015
The Insolvent Companies (Report on Conduct of Directors) (England and Wales) Rules 2016
The Insolvent Companies (Report on Conduct of Directors) (Scotland) Rules 2016
The Small Business, Enterprise and Employment Act 2015 (as amended)
The Deregulation Act 2015
The Provisions of Services (Insolvency Practitioners) Regulations 2009
The Insolvent Partnership Order 1994
The Insolvency Amendment (EU 2015/848) Regulations 2017
The Insolvency (Regulations (EU) 2015/848) (Miscellaneous Amendments) (Scotland) Regulations 2017
Statements of Insolvency Practice
In carrying our duties as IP’s we collect and uses personal data in order to:
Provide professional advice to try to prevent insolvency
Negotiate with the creditors, and other parties, of a company or individual
Realise the assets of an individual or company for the best possible return to creditors after marketing to a wide range of potential buyers
Carry out all statutory duties as required by law
Provide regular reports to creditors on the progress of insolvency procedures
Investigating company affairs and director conduct, where necessary, and file a report to the Insolvency Service.
The personal data we control will include your name, email address, postal address, telephone number, date of birth and financial details. The precise nature of personal data we hold will be dependent upon the unique circumstances of the case, but may include (although not limited to) Re10 Finance Limited and or Andrew Bowers acting as the data controller in respect of:
Investigations undertaken as a consequence of:
The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017(MLR 2017)
The Bribery Act 2010
Proceeds of Crime Act 2002
The Terrorism Act 2000, and related anti-terrorism legislation
The Criminal Finance Act 2017
Company Directors Disqualification Act 1986
Conflict and Ethical checks
Case file notes
Internal meeting notes
Diary entries
Bank and Credit / Debit card records
Case management reviews
Correspondence with third parties
Correspondence with employees
Correspondence with shareholders
Correspondence with former office holders (IP’s)
Correspondence with clients / debtors / directors and other individuals
Personal asset searches
Land Registry searches
Books and Records (Including Tax and VAT records)
Debtor / Director Questionnaire
Income Payment Agreements / Income Payment Orders
Bankruptcy Restriction Orders
Asset searches
Agent Reports and Valuations
Legal documents
Dividend Notices
Pension Notices
PPI documentation
Creditor Proxies
Reports to creditors and members
Meeting attendance registers
Creditor claims and proofs of debt
Creditor committees
Creditor correspondence
DVLA searches
Mortgage records
Insurance policies
Medical records
Family records
Employment records
Case time recording
The legal basis on which we process personal data when acting as data controller on insolvency appointments will be dependent upon the unique circumstances of the case, but will include at least one of the following:
A legal obligation to which the Data Controller is subject;
The performance of a task carried out in the public interest or in the exercise of official authority vested in the Data Controller;
For the purposes of the legitimate interests pursued by a Data Controller;
The establishment, exercise or defence of legal claims.
Processing is necessary to protect the vital interests of the data subject or of another natural person where the data subject is physically or legally incapable of giving consent;
Processing relates to personal data which are manifestly made public by the data subject;
Processing is necessary for reasons of substantial public interest.
How long is my personal information retained for?
We will process (collect, store and use) the information you provide in a manner compatible with the EU’s General Data Protection Regulation. We will endeavour to keep your information accurate and up to date, and not keep it for longer than is necessary. This is required to retain information in accordance with the law, such as information needed for audit purposes. How long certain kinds of personal data should be kept may also be governed by specific business-sector requirements and agreed practices.
Personal data may be held in addition to these periods depending on individual business needs. Details of our record retention schedule is available on request from our Data Protection Officer (detailed below).
Under what circumstances will you contact me?
Our aim is not to be intrusive, and we undertake not to ask irrelevant or unnecessary questions. Moreover, the information you provide will be subject to measures and procedures to minimise the risk of unauthorised access and disclosure.
Unless you have consented to us for marketing purposes then, we will not share any of the information you have provided with any third-parties or store any of your information outside of the European Economic Area. Regardless of any marketing preferences you have or may consent to, we will continue to communicate with you in respect of significant policy information. For example, changes to opportunities law or policies.
Marketing
We may use the data we collect to deliver and personalise our communications with you. For example, we may contact you by email or by phone to inform you about any new products or services. However, we will only do this if you have consented to marketing communications.
In addition, when visiting our website, you should be aware that our site uses cookies that are placed to help us provide a better user experience.
What are my rights as a data subject?
At any point while we are in possession of or processing your personal data, you, the data subject, have the following rights:
Right of access – you have the right to request a copy of the information that we hold about you.
Right of rectification – you have a right to correct data that we hold about you that is inaccurate or incomplete. If at any point you become aware that any of the personal data we hold in respect of you is inaccurate, then please call or email us via the contact details below whereby, once verified, we will arrange for the information to be updated.
Right to be forgotten – in certain circumstances, you can ask for the data we hold about you to be erased from our records.
Right to restriction of processing – where certain conditions apply to have a right to restrict the processing.
Right of portability – you have the right to have the data we hold about you transferred to another organisation.
Right to object – you have the right to object to certain types of processing such as direct marketing.
Right to object to automated processing, including profiling – you also have the right to be subject to the legal effects of automated processing or profiling.
Right to judicial review: in the event that we refuse your request under rights of access, we will provide you with a reason as to why. You have the right to complain as mentioned below.
All the above requests will be forwarded on should there be a third party involved (as stated above) in the processing of your personal data
Can I find out what personal data you hold about me?
At your request, we can confirm what information we hold about you and how it is processed. You can request the following information:
Identity and the contact details of the person or organisation that has determined how and why we process your data.
Contact details of the data protection officer, where applicable.
The purpose of the processing as well as the legal basis for processing.
The categories of personal data collected, stored and processed.
Categories of recipients that the data is/will be disclosed to.
If we intend to transfer the personal data to a third country or international organisation, information about how we ensure this is done securely. The EU has approved sending personal data to some countries because they meet a minimum standard of data protection. In other cases, we will ensure there are specific measures in place to secure your information.
How long the data will be stored.
Details of your rights to correct, erase, restrict or object to such processing.
Information about your right to withdraw consent at any time.
How to lodge a complaint with our regulatory authority.
Whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether you are obliged to provide the personal data and the possible consequences of failing to provide such data.
The source of personal data if it wasn’t collected directly from you.
Any details and information of automated decision making, such as profiling, and any meaningful information about the logic involved, as well as the significance and expected consequences of such processing.
How can I find out about changes to this privacy notice?
We may modify or update this notice when necessary to reflect feedback and changes in our products and service; so, please review it regularly on our website. When we update this notice, we will revise the ‘Last Update’ date at the top of the notice.
If there are material changes to the notice or in how we use your personal data, we will notify you either by posting a notice of such changes before they take effect or by directly sending you a notification. We encourage you to regularly review this notice, which can be accessed via our external website or requested from our Data Protection Officer. Your continued use of the service or products after any modification to this notice will constitute your acceptance of such modification and updates.
How to make a complaint
In the event that you wish to make a complaint about how your personal data is being processed by Re10 Finance Ltd (or third parties as mentioned above), or how your complaint has been handled, you have the right to lodge a complaint directly with the supervisory authority and / or Re10 Finance Limited
