Privacy Policy

Introduction


The Data Protection Act 2018 (“DPA 2018”) and the UK General Data Protection Regulation (“UK GDPR”) impose certain legal obligations in connection with the processing of personal data.


We are a controller within the meaning of the UK GDPR. The firm’s contact details are as follows:

CASH CLARITY LIMITED

Company number 16007290

Shafford Barn, Redbourn Road, St. Albans, England, AL3 6LB


We may amend this Privacy Notice from time to time. If we do so, we will supply you with and/or otherwise make available to you a copy of the recommended privacy notice.

The Data we collect about you

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).  

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:

  • Identity Data includes first name, maiden name, last name, marital status, title, date of birth and gender.

  • Contact Data includes billing address, email address and telephone numbers.

  • Financial Data includes bank account and payment card details.

  • Transaction Data includes details about payments to and from you and other details of services you have purchased from us.

  • Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

 

How is your Personal Data collected?  

We use different methods to collect data from and about you including through:

 

Direct interactions: You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

  • apply for our services;

  • complete our ‘Contact Us’ form;

  • subscribe to our service or publications;

  • request marketing to be sent to you;

  • enter a survey;

  • give us some feedback.

 

Third parties or publicly available sources: We may receive personal data about you from various third parties and public sources as set out below:

  • Contact, Financial and Transaction Data from providers of technical, payment and delivery services based both inside and outside the EU.

  • Identity and Contact Data from data brokers or aggregators based both inside and outside the EU.

  • Identity and Contact Data from publicly availably sources such as Companies House and the Electoral Register based inside the EU.

The purposes for which we process personal data


We process personal data for the following purposes:

  • to enable us to supply professional services to you as our client

  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests

  • to fulfil our obligations under relevant laws in force from time to time (e.g. the Money Laundering and Terrorist Financing (Amendment) Regulations 2019 (MLR 2019))

  • to comply with professional obligations to which we are subject as a member of the Association of Chartered Certified Accountants to use in the investigation and/or defence of potential complaints, disciplinary proceedings and legal proceedings

  • to enable us to invoice you for our services and investigate/address any attendant fee disputes that may have arisen

  • to contact you about other services we provide which may be of interest to you if you have consented to us doing so

 

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.  

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.  

The legal bases for our intended processing of personal data


We rely on the following legal bases in order to process your personal data:

  • occasionally we will rely on your consent to process your personal data but only if we have contacted you beforehand and asked you to agree;   

  • the processing is necessary for the performance of our contract with you so that we can deliver our services to you;

  • the processing is necessary for compliance with legal obligations to which we are subject (e.g. MLR 2019);   

  • the processing is necessary for our legitimate interests, such as: investigating/defending legal claims, recovering debts owed to us, keeping our client records up to date and to develop our services and grow our business.

 

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.

 

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

Persons/organisations to whom we may give personal data


We may share your personal data with:

  • HMRC

  • any third parties with whom you require or permit us to correspond

  • subcontractors an alternate appointed by us in the event of incapacity or death tax insurance providers

  • professional indemnity insurers

  • our professional body and/or the Office of Professional Body Anti-Money Laundering Supervisors (OPBAS) in relation to practice assurance and/or the requirements of MLR 2019 (or any similar legislation)

  • other professional consultants and service providers

 

If the law allows or requires us to do so, we may share your personal data with:  

  • the police and law enforcement agencies 

  • courts and tribunals

  • the Information Commissioner’s Office (“ICO”).

 

We may need to share your personal data with the third parties identified above in order to comply with our legal obligations, including our legal obligations to you. If you ask us not to share your personal data with such third parties we may need to cease to act.

Transfers of personal data outside the UK


We may transfer your personal data to service providers that carry out certain functions on our behalf. This may involve transferring personal data outside the UK to countries which have laws that do not provide the same level of data protection as the UK law.

Whenever we transfer your personal data out of the UK to service providers, we ensure a similar degree of protection is afforded to it by ensuring that we will only transfer your personal data to countries that have been deemed by the UK to provide an adequate level of protection for personal data.

Data Security  

We have put in place 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 personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

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 of our records relating to you as follows:

  • where ad hoc advisory work has been undertaken it is our policy to retain information for six years from the date the business relationship ceased

Our contractual terms provide for the destruction of documents after six-years and therefore agreement to the contractual terms is taken as agreement to the retention of records for this period, and to their destruction thereafter.


Where we act as a processor as defined in DPA 2018, we will delete or return all personal data to the 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 request access to your personal data that we hold. Such requests are known as ‘subject access requests’ (“SARs”).


Please provide all SARs in writing.


To help us provide the information you want and deal with your request quickly, you should include enough details to enable us to verify your identity and locate the relevant information. For example, you should tell us:

 

  • your date of birth

  • previous or other name(s) you have used, 

  • your previous addresses in the past five years

  • personal reference number(s) that we may have given you, for example your national insurance number

  • what type of information you want to know

 

If you do not have a national insurance number, you must send a copy of:

 

  • the back page of your passport or

  • a copy of your driving licence a recent utility bill.

 

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. However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.


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 controller and we act for you as a processor, 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 (www.ico.org.uk). If you would like your personal data to be erased, please inform us immediately 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.ico.org.uk). Please inform us immediately 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.ico.org.uk).The right to data portability only applies:

 

  • to personal data an individual has provided to a controller

  • where the processing is based on the individual’s consent or for the performance of a contract 

  • 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. Please inform us immediately if you wish to withdraw your consent.


Please note:

 

  • the withdrawal of consent does not affect the lawfulness of earlier processing

  • if you withdraw your consent, we may not be able to continue to provide services to you where we have previously relied on your consent to do so

  • 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 and profiling


We do not use automated decision-making and profiling 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 complain to us using the contact details provided at the start of this notice.


If you are not happy with our response, you have a right to lodge a complaint with the ICO (www.ico.org.uk).