Charles Marcus Ltd takes the security and privacy of your data seriously. We need to gather and use information or ‘data’ about you as part of our business and to manage our relationship with you. We intend to comply with our legal obligations under the Data Protection Act 2018 (the ‘2018 Act’) and the EU General Data Protection Regulation (‘GDPR’) in respect of data privacy and security. We have a duty to notify you of the information contained in this policy.
You should read this policy alongside your terms of engagement and any other notice we issue to you from time to time in relation to your data.
- ABOUT US Charles Marcus Ltd (“we”, “us”, ”our” and “ours”) is an accountancy and tax advisory firm registered in England and Wales as a limited company under number 3223879. We are a member firm of the Charles Marcus consulting group of independent member firms affiliated with Charles Marcus International SA, a Swiss entity. Charles Marcus International SA does not provide client services.
- HOW WE MAY COLLECT YOUR PERSONAL DATA
- Personal data must be processed in accordance with six ‘Data Protection Principles.’ It must:
- be processed fairly, lawfully and transparently;
- be collected and processed only for specified, explicit and legitimate purposes;
- be adequate, relevant and limited to what is necessary for the purposes for which it is processed;
- be accurate and kept up to date. Any inaccurate data must be deleted or rectified without delay;
- not be kept for longer than is necessary for the purposes for which it is processed; and
- be processed securely.
We are accountable for these principles and must be able to show that we are compliant. This policy applies to all personal data whether it is stored electronically, on paper or on other materials.
We obtain personal data about you, for example, when:
- you request a proposal from us in respect of the services we provide;
- you engage us to provide our services and also during the provision of those services;
- you contact us by email, telephone, post (for example when you have a query about our services); or
- from third parties and/or publicly available resources (for example, from previous accountants or from Companies House).
- Personal data must be processed in accordance with six ‘Data Protection Principles.’ It must:
- THE KIND OF INFORMATION WE HOLD ABOUT YOUThe information we hold about you may include the following:
- your name, address and contact details including email address and telephone numbers, date of birth and gender;
- your marital status and family details including next of kin and dependants;
- your identification documents including passport and proof of address;
- details of contact we have had with you in relation to the provision, or the proposed provision, of our services;
- details of any services you have received from us;
- our correspondence and communications with you;
- your bank details and information in relation to your tax status including your National Insurance number, tax codes, UTR and salary details;
- information about any complaints and enquiries you make to us;
- information from research, surveys, and marketing activities;
- information we receive from other sources, such as publicly available information.
- HOW WE USE PERSONAL DATA WE HOLD ABOUT YOUWe may process your personal data for purposes necessary for the performance of our contract with you and to comply with our legal obligations.We may process your personal data for the purposes of our own legitimate interests provided that those interests do not override any of your own interests, rights and freedoms which require the protection of personal data. This includes processing for marketing, business development, statistical and management purposes.We can process your personal data for these purposes without your knowledge or consent. We will not use your personal data for an unrelated purpose without telling you about it and the lawful basis that we intend to rely on for processing it.We may process your personal data for certain additional purposes with your consent, and in these limited circumstances where your consent is required for the processing of your personal data, then you have the right to withdraw your consent to processing for such specific purposes.Please note that we may process your personal data for more than one lawful basis depending on the specific purpose for which we are using your data.Situations in which we will use your personal data.We may use your personal data in order to:
- carry out our obligations arising from any agreements entered into between you and us (which will usually be for the provision of our services);
- provide you with information related to our services and our events and activities that you request from us or which we feel may interest you, provided you have consented to be contacted for such purposes;
- seek your thoughts and opinions on the services we provide; and
- notify you about any changes to our services
- to comply with the requirements of any regulatory bodies
- to run our business, develop our brand and plan for the future
- for any other reason which we may notify you of from time to time.
In some circumstances we may anonymise or pseudonymise the personal data so that it can no longer be associated with you, in which case we may use it without further notice to you.
If you refuse to provide us with certain information when requested, we may not be able to perform the contract we have entered into with you. Alternatively, we may be unable to comply with our legal or regulatory obligations.
Data Impact Assessments
Some of the processing that we carry out may result in risks to privacy. Where processing would result in a high risk to individual’s rights and freedoms, we will carry out a data protection impact assessment to determine the necessity and proportionality of processing. This will include considering the purposes for which the activity is carried out, the risks for individuals and the measures that can be put in place to mitigate those risks.
The Company will retain your personal data for as long as is necessary to fulfil the purposes for which it is collected.
When assessing what retention period is appropriate for your personal data, we take into consideration:
- the requirements of our business and the services provided;
- any statutory or legal obligations;
- the purposes for which we originally collected the personal data;
- the lawful grounds on which we based our processing;
- the types of personal data we have collected;
- the amount and categories of your personal data; and
- whether the purpose of the processing could reasonably be fulfilled by other means.
Change of purpose
Where we need to use your personal data for another reason, other than for the purpose for which we collected it, we will only use your personal data where that reason is compatible with the original purpose.
Should it be necessary to use your personal data for a new purpose, we will notify you and communicate the lawful basis which allows us to do so before starting any new processing.
- DATA SHARING We will share your personal data with third parties where we are required by law, where it is necessary to administer the relationship between us or where we have another legitimate interest in doing so.“Third parties” includes third-party service providers which host our databases for accounting and tax returns software.All of our third-party service providers are required to take commercially reasonable and appropriate security measures to protect your personal data. We only permit our third-party service providers to process your personal data for specified purposes and in accordance with our instructions.
- TRANSFERRING PERSONAL DATA OUTSIDE THE EUROPEAN ECONOMIC AREA (EEA) We will transfer the personal data we collect about you to Austin, Texas where our data management system is hosted.There is an adequacy decision by the European Commission in relation to this country therefore it is deemed to provide an adequate level of protection for your personal information for the purpose of the Data Protection Legislation.Should you require further information about this protective measure, please contact us using the contact details outlined below.
- DATA SECURITY Everyone who works for, or on behalf of, the Company has some responsibility for ensuring data is collected, stored and handled appropriately, in line with this policy and the Company’s Data Security policy.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 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.
- DATA BREACHES We have robust measures in place to minimise and prevent data breaches from taking place. Should a breach of personal data occur (whether in respect of you or someone else) then we must take notes and keep evidence of that breach. If the breach is likely to result in a risk to the rights and freedoms of individuals then we must also notify the Information Commissioner’s Office within 72 hours.If the breach is likely to result in a high risk to the rights and freedoms of individuals, we will tell affected individuals that there has been a breach and provide them with information about its likely consequences and the mitigation measures it has taken.
- RIGHTS OF ACCESS, CORRECTION, ERASURE, AND RESTRICTION Your duty is to inform us of changesIt 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, using the contact us form.Your rights in connection with personal dataUnder certain circumstances, by law you have the right to:
- Request access to your personal data. This enables you to receive details of the personal data we hold about you and to check that we are processing it lawfully.
- Request correction of the personal data that we hold about you.
- Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have exercised your right to object to processing (see below).
- Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this basis. You also have the right to object where we are processing your personal information for direct marketing purposes.
- Request the restriction of processing of your personal data. This enables you to ask us to suspend the processing of personal data about you, for example if you want us to establish its accuracy or the reason for processing it.
- Request the transfer of your personal data to you or another data controller if the processing is based on consent, carried out by automated means and this is technically feasible.
If you want to exercise any of the above rights, please contact us.
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.
- RIGHT TO WITHDRAW CONSENT In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal data for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact us. Once we have received notification that you have withdrawn your consent, we will no longer process your personal information (personal data) for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.
- CHANGES TO THIS NOTICE Any changes we may make to our privacy notice in the future will be updated on our website and provided to you via www.charlesmarcus.co.uk.This privacy notice was last updated on 25th May 2018.
- CONTACT US If 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 us.You have the right to complain to the Information Commissioner. You can do this be contacting the Information Commissioner’s Office directly. Full contact details including a helpline number can be found on the Information Commissioner’s Office website (www.ico.org.uk). This website has further information on your rights and our obligations.