Purpose of policy
This policy describes how Bridgewood Financial Management Ltd, Bridgewood Financial Solutions Ltd and their Office-Holders collect and process personal data in the provision of their services. An "Office-Holder" is an employee of Bridgewood who holds one of the following (or similar) appointments:
- LPA Receiver
- Nominee or Supervisor of a Voluntary Arrangement
- Trustee in Bankruptcy
This policy supplements the other policies/notices, and our Terms and Conditions of Business, and is not intended to override them.
Use of Personal Information
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 process personal information to enable us to carry out our work as office holders, and this includes processing data that was held by a company or individual before our appointment as well as data collected during an insolvency procedure or fixed charge receivership. Our legal obligation to process personal data arises from work we are required to carry out under insolvency legislation.
Our insolvency practitioners, as office holders, are Data Controllers of personal data in so far as is defined by data protection legislation. Bridgewood will act as Data Processor on the instruction of the office holder.
Personal data will be kept secure and processed only for matters relating to the insolvency procedure being dealt with.
The Data we may Process
We may collect, use, store and transfer different kinds of personal data as follows:
- Identity Data - including name, marital status; title; date of birth; gender; data contained on a passport, photocard driving licence; and data contained in photographs, videos and CCTV images
- Contact Data including home and business addresses, email addresses and telephone numbers
- Financial Data including income, personal expenditure, charitable donations, taxation and other financial-related details; investments and other financial interests; bank account and payment card details; pension details; and data relating to the membership of professional bodies.
The precise way in which personal data is used will depend on the type of appointment however the general principle will be that personal data is used primarily to fulfil the office holder’s duties under the relevant applicable insolvency legislation. The most common examples are set out below.
If the personal data relates to an Employee of a business over which the office holder has been appointed this might include the calculation of any claim the employee has against the business, such as unpaid wages or redundancy pay. Or if the office holder sells the business as a going concern it may be necessary to provide the purchaser with employee personal data to enable it to deal with the continuation of employment.
If the personal data relates to a Company Director (including a De facto or Shadow) / Partner / Shareholder of a business over which the office holder has been appointed then it may be used to enable the office holder to comply with his/her obligations under the Company Directors Disqualification Act 1986, if applicable, or to calculate any claim they may have against the Company, including any redundancy pay due from the Redundancy Payments Service.
If the personal data relates to an Individual who has been made Bankrupt or who is proposing or is subject to a Voluntary Arrangement and an office holder has been appointed then it may be used to make enquiries regarding any assets which form part of the estate, to make enquiries into any claims received against the estate, or to assess income and expenditure details.
If personal data relates to an individual Customer or Supplier of a business over which an office holder has been appointed it may be used to contact them regarding any potential claim against the Company (for example, warranty issues or deposits), or to pursue any amounts due from the individual to the Company. If the office holder sells the business as a going concern it may be necessary to provide the purchaser with customer or supplier personal data to enable it to deal with the continuation of the business.
Disclosure of your personal data
We do not sell, distribute or otherwise make personal data commercially available to any party, except as described in this policy or with prior permission. An office holder has a legal obligation, in certain circumstances, to disclose personal data to their regulatory body and/or the Secretary of State.
An office holder may also be under an obligation to provide personal data to other third parties who have a statutory right to request it (for example, HMRC or the police) or who have obtained an appropriate court order.
We may also have to share your personal data with third party service providers (including any debt collection agency used by the office holder, as well as service providers who may assist with the calculation of employee claims or pension deficits and contributions).
Protection of your personal data
We take the security of the personal data we hold seriously. Policies and procedures are in place to safeguard it from loss, misuse and improper disclosure and we have procedures to deal with any suspected personal data breach.
All of our third-party service providers are required to take appropriate security measures to protect your personal information in line with our policies. We only permit third parties to process your personal information for specified purposes and in accordance with our instructions and do not allow them to use personal information for their own purposes.
For how long do we hold Personal Data?
We will only retain personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, regulatory or reporting requirements.
Personal data will generally be held for no longer than 6 years after the closure of an appointment.
If you have opted out of receiving future publications from us, your contact details will remain on our opt-out list to prevent you from receiving any further publications from us.
Your legal rights
You have the right to receive the information contained in this document about how your personal data may be processed by us. You also have the right to know that we may be processing your personal data and, in most circumstances, to have information about the personal data of yours that we hold. You can also ask for certain other details such as what purpose we may process your data for and how long we will hold it.
Individuals have the right to request that incorrect or incomplete data is corrected and, in certain circumstances, may request that we erase any personal data which may be held or processed as part of our work as office holders.
If you have any complaints about how we have handled your personal data please contact Robin Tarling (Director), Bridgewood, Poynt South, Upper Parliament Street, Nottingham, NG1 6LF or via email at robin.tarling [at] bridgewood.co.uk so that the issue can be resolved where possible. You also have the right to lodge a complaint about any use of your information with the Information Commissioners Office (ICO), who act as the UK data protection regulator.