Data Privacy Notice
David Rice Associates Limited 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.
Information About Us
David Rice Associates Limited
A limited company registered in England under company number 03717946.
Our registered address and trading address is: 4 Wellington Circus, Nottingham, NG1 5AL.
Our VAT registration number is: 738 1460 30
Data Protection Officer: David Rice
Telephone number: 0115 924 1211
Postal Address: as above
We are regulated and monitored by, and are members of, the Association of Chartered Certified Accountants, a global organisation whose UK address is: ACCA UK, The Adelphi, 1-11 John Adam Street, London, WC2N 6AU.
What Does This Notice Cover?
This Privacy Notice 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.
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.
What Are My Rights?
Under the GDPR, you have the following rights, which we will always work to uphold:
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.
The right to access the personal data we hold about you. Part 10 will tell you how to do this.
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.
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.
The right to restrict (i.e. prevent) the processing of your personal data.
The right to object to us using your personal data for a particular purpose or purposes.
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.
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.
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). This list is not exhaustive but covers the main items:
Date of birth;
National Insurance number;
Tax reference number;
Income details including bank details, employment details and so on;
Job title and profession;
Information about your family connections;
Information about your capital assets and liabilities.
Your personal data is obtained by us from you directly.
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, because you have consented to our use of your personal data, or because it is in our legitimate business interests to use it. Your personal data may be used for one or more of the following purposes:
Providing and managing your account.
Supplying our services to you. Your personal details are required in order for us to enter into a contract with you and adequately perform the services for which we are engaged.
Personalising and tailoring our services for you to provide the best advice we are able.
Communicating with you. This may include responding to emails or phone calls from you.
Supplying you with information by email or post that you have opted-in to (you may unsubscribe or opt-out at any time by contacting us by email, phone or post.
With your permission and where permitted by law, we may also use your personal data for marketing purposes, which may include contacting you by email or telephone or post with information or news 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.
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):
We have a legal and contractual duty to retain a copy of your information for a period of six years.
Physical (paper based) copies of your records are securely and confidentially destroyed after that time, unless these items are of a more permanent nature and have an enduring usefulness, in which case we may decide to retain them for a longer period.
If you cease to be a client, we will have our copies of all of your physical records destroyed after six years in all cases.
Our electronic software systems retain your personal data and income data ongoing and indefinitely for all of the years that we process on your behalf. In the light of the ongoing usefulness of this retention then we will continue to do this unless you request otherwise.
If you cease to be a client, then your electronic records held on our systems are deleted six years after you cease to be a client.
In addition, and overriding the above data retention policy, where appropriate, the GDPR includes the right to erasure or “the right to be forgotten”. Under GDPR, you as a Data Subject have the right to have your personal data erased (and to prevent the processing of that personal data) in the following circumstances:
Where the personal data is no longer required for the purpose for which it was originally collected or processed (see above);
When the data subject withdraws their consent;
When the data subject objects to the processing of their personal data and the Company has no overriding legitimate interest;
When the personal data is processed unlawfully (i.e. in breach of the GDPR);
When the personal data has to be erased to comply with a legal obligation; or
Where the personal data is processed for the provision of information society services to a child.
How and Where Do You Store or Transfer My Personal Data?
With one exception we will only store or transfer your personal data in the UK. This means that it will be fully protected under the GDPR. The exception is that we use internet-based accounting software for internal purposes, the data servers for which are based in the United States of America.
On that basis we may store or transfer some of your personal data to countries that are not part of the European Economic Area (the “EEA” consists of all EU member states, plus Norway, Iceland, and Liechtenstein). These are known as “third countries” and may not have data protection laws that are as strong as those in the UK and/or the EEA. This means that we have taken additional steps in order to ensure that your personal data is treated just as safely and securely as it would be within the UK and 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 physical security of your physical (paper based) information, and password protection and encryption of electronic copies of your information.
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 such as Her Majesty’s Revenue and Customs.
If any of your personal data is required by a third party, as described above, we will take steps to ensure that your personal data is handled safely, securely, and in accordance with your rights, our obligations, and the third party’s obligations under the law, as described above in Part 8.
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 normally within two weeks 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.
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 David Rice):
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. We will notify you of details of any changes made.
David Rice Associates Limited
14 May 2018