Privacy Policy
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1.) PURPOSE OF THIS NOTICE

This notice describes how we collect and use personal data about you, in accordance with the General Data Protection Regulation (GDPR), the Data Protection Act [1998 or 2018] and any other national implementing laws, regulations and secondary legislation, as amended or updated

Please read this notice carefully to understand our practices regarding your personal data and how we will treat it.

2.) ABOUT US

Mitchell Gordon LLP and MITG Ltd processes personal data relating to, staff, clients, visitors and others, and therefore is a data controller.

Mitchell Gordon LLP and MITG Ltd are registered as a data controller with the ICO and will renew this registration annually or as otherwise legally required.

Your information will be held by Mitchell Gordon LLP and MITG Ltd (the ‘Company’).  This notice explains how we do this and tells you about your privacy rights and how the law protects you.

For the purpose of the Data Protection Legislation and this notice, we are the ‘data controller and data processor’.  This means that we are responsible for deciding how we hold and use personal data about you. We are required under the Data Protection Legislation to notify you of the information contained in our Privacy Notice.

We have appointed Data Compliance Officers.  Our Data Compliance Officers are our Data Protection Points of Contact and are responsible for assisting with enquiries in relation to this privacy notice or our treatment of your personal data. Should you wish to contact your Data Protection Compliance Officer, this is your nominated director.

3.) DATA

The Company needs to hold and process information about you and your company. The information we hold and process will be used for our management and administrative use only. We will keep and use it to enable us to manage our relationship with you effectively, lawfully and appropriately. This includes using information to enable to comply with any legal requirements, pursue the legitimate interests of the Company and protect our legal position in the event of legal proceedings.   If you do not provide this data, we may be unable in some circumstances to comply with our legal obligations and we will tell you about the implications of that decision.

This information is processed under Article 6 (1)(c) legitimate interests basis.

Where we are processing data based on your consent, you have the right to withdraw that consent at any time.

4.) OUR PRIVACY PROMISE

We promise:

  • To keep your data safe and private.
  • Not to sell your data.
  • To give you ways to manage and review your marketing choices at any time.

Other than as mentioned below, we will only disclose information about you to third parties if we are legally obliged to do so or where we need to comply with our contractual duties to you, for instance we may need to pass on certain information to HMRC or pension schemes.

Who we share your personal information with:

We may share your personal information with companies within Mitchell Gordon and approved Mitchell Gordon providers (IRIS(inc OPENSPACE)<SAGE<RAZORBLUE <NATWEST TYL <VIRTUAL CABINET <XERO and others from time to time) and these organisations:

  • Agents and advisers who we use to help run your accounts and services, collect what you owe
  • HM Revenue & Customs, regulators and other authorities
  • Companies you ask us to share your data with (eg Tax Insurance companies/ bank etc)
  • If you apply for insurance through us, we may pass your personal or business details to the insurer, and onto any reinsurers.
  • If you make an insurance claim, information you give to us or the insurer may be put on a register of claims. This will be shared with other insurers.

Mitchell Gordon will be satisfied that these other companies process data under the new General Data Protection Regulations before sharing data, handle the data securely and do not use the data unlawfully. These companies are based in the UK.

We will assess personal information to help decide if your personal or business accounts may be being used for fraud or money-laundering or we may notice that an account is being used in a way that is unusual for you or your business. If we think there is a risk of fraud, we may stop activity on the accounts or refuse access to them. We may discuss this with you.

We have in place safeguards to ensure the security of your data.  Your personal data will be stored for a period of 6 years post contract   Data may be kept longer in order to respond to any questions or complaints and to show that personnel have been treated fairly.  Data may be kept longer for legal reasons (court cases etc). Pension details will be kept for a longer period of time (current statutory legal length).

If in the future we intend to process your personal data for a purpose other than that which it was collected we will provide you with information on that purpose and any other relevant information.

5.) TRANSFERRING DATA/PERSONAL DATA OUTSIDE OF THE EUROPEAN ECONOMIC AREA (EEA)(UK GDPR)

Data will be stored within the UK.  If we transfer personal data to a country or territory outside the European Economic Area, this will be due to a specific client request and we will do so in accordance with data protection law.  Prior to transfer, clients will be made aware of any security issues that may affect the destination country.

Where personal data is transferred outside of the UK, this would be a ‘restricted transfer’ under UK GDPR regulations.  It would be considered before making a transfer and should be covered by ‘adequacy regulations’ if it was deemed necessary.

The EU GDPR adequacy decision means that data can continue to flow to and from the EEA in most cases. The decision does not cover data transferred for the purposes of immigration control or where the UK immigration exemption applies.  The UK government has stated that transfers of data from the UK to the EEA are permitted.

All data transferred must be password protected as our Data In/Data Out procedures detail.

Under Article 30 of the UK GDPR, we must document the following information:

  • The name and contact details of your organisation (and where applicable, of other controllers, your representative and your data protection officer).
  • The purposes of your processing.
  • A description of the categories of individuals and categories of personal data.
  • The categories of recipients of personal data.
  • Details of your transfers to third countries including documenting the transfer mechanism safeguards in place.
  • Retention schedules.
  • A description of your technical and organisational security measures.

These details are logged in the Audit Data Classification form which identifies all categories of individuals and personal data and purposes of holding and processing personal data.

6.) 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.

7.) YOUR RIGHTS

Under the General Data Protection Regulation (GDPR), The Data Protection Act 2018 (DPA) and UK GDPR you have a number of rights with regard to your personal data.

  • You have the right to be informed about our processing of your personal data.
  • You have the right to have your personal data corrected if it’s inaccurate and to have incomplete personal data completed
  • The right to object to processing of your personal data
  • The right to restrict processing of your personal data
  • The right to have your personal data erased  (the right to be forgotten)
  • The right to request access to your personal data and information about how we process it
  • The right to move, copy or transfer your personal data (data portablility)
  • Rights in relation to automated decision making including profiling.

Please be aware that Mitchell Gordon has a lawful basis for collecting and processing your data under the legitimate interest basis under Article 6 (1)(c) of the GDPR.

If you have any questions, or want more details about how we use your personal information, you can request this in writing.

7.) HOW THE LAW PROTECTS YOU

As well as our Privacy Promise, your privacy is protected by law. This section explains how that works.

Data Protection Law says that we are allowed to use personal information only if we have a proper reason to do so.  The law says we must have one or more of these reasons:

  • To fulfil a contract we have with you, or
  • When it is our legal duty, or
  • When it is in our legitimate interest, or
  • When you consent to it.

A legitimate interest is when we have a business or commercial reason to use your information. But even then, it must not unfairly go against what is right and best for you. If we rely on our legitimate interest, we will tell you what that is.

Information is used to keep our records up to date in order to fulfil our legal and contractual duties to you. Information is used to run our business in an efficient and proper way. This includes managing our financial position, business capability, planning, communications, corporate governance, and audit.

9.) RIGHTS OF ACCESS, CORRECTION, ERASURE AND RESTRICTION

Your duty to inform us of changes

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.

Letting us know if your personal information is incorrect:

You have the right to question any information we have about you that you think is wrong or incomplete. Please contact us if you want to do this. If you do, we will take reasonable steps to check its accuracy and correct it.

If you choose not to give personal information:

We may need to collect personal information by law, or under the terms of a contract we have with you.

If you choose not to give us this personal information, it may delay or prevent us from meeting our
obligations. It may also mean that we cannot perform services needed to run your accounts or policies. It could mean that we cancel a product or service you have with us.

We can only use your personal information to send you marketing messages, including fee protection information, if we have either your consent or a ‘legitimate interest’. That is when we have a business or commercial reason to use your information. It must not unfairly go against what is right and best for you.  The marketing messages will be limited to the offer to purchase Fee Protection Insurance, which will be sent as Mitchell Gordon has a legitimate interest in sending this particular information.  You can ask us to stop sending you marketing messages by contacting us at any time to opt out of this service.

How long we keep your personal information:

We will keep your personal information for as long as it is necessary to fulfil the purposes for which it is collected.

After you stop being a client or employee, we may keep your data for up to 6 years for one of these reasons:

  • To respond to any questions or complaints;
  • To show that we treated you fairly;
  • To maintain records according to rules that apply to us
  • Any statutory or legal obligations.

We may keep your data for longer than this if we cannot delete it for legal, regulatory or technical reasons. If we do, we will make sure that your privacy is protected and only use it for those purposes.

What if you want us to stop using your personal information?

You have the right to object to our use of your personal information, or to ask us to delete, remove, or stop using your personal information if there is no need for us to keep it. This is known as the ‘right to object’ and ‘right to erasure’, or the ‘right to be forgotten’.

There may be legal or other official reasons why we need to keep or use your data. But please tell us if you think that we should not be using it.

We may sometimes be able to restrict the use of your data. This means that it can only be used for certain things, such as legal claims or to exercise legal rights. In this situation, we would not use or share your information in other ways while it is restricted.

You can ask us to restrict the use of your personal information if:

  • It is not accurate.
  • It has been used unlawfully but you don’t want us to delete it.
  • It is not relevant any more, but you want us to keep it for use in legal claims.
  • You have already asked us to stop using your data but you are waiting for us to tell you if we are allowed to keep on using it.

If you want to object to how we use your data, or ask us to delete it or restrict how we use it or, please contact us in writing.

How to withdraw your consent:

You can withdraw your consent for marketing information at any time. Please contact us in writing if you want to do so. If you withdraw your consent, we may not be able to provide certain products or services to you. If this is so, we will tell you

10.) CHANGES TO THIS NOTICE

Any changes we may make to our privacy notice in the future will be published on our website : www.mitchellgordon.co.uk.

11.) CONTACT US

It you have any questions regarding this notice or if you would like to speak to us about the manner in which we process your personal data, please contact your nominated director.

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:

Information Commissioner ’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Website : https://ico.org.uk/concerns