BOLTER DESIGN | PRIVACY NOTICE
Please read this privacy notice carefully as it contains important information on who we are and how and why we collect, store, use and share personal data. It also explains an individual’s rights in relation to their personal data and how to contact us or supervisory authorities in the event they have a complaint.
When we use personal data we are regulated by the Information Commissioner under the General Data Protection Regulation (GDPR) which applies across the European Union (including in the United Kingdom) and we are responsible as ‘controller’ of that personal data for the purposes of the GDPR. Our use of personal data is subject to an individual’s instructions, the GDPR, other relevant UK and EU legislation and our professional duty of confidentiality.
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KEY TERMS
It would be helpful to start by explaining some key terms used in this policy:
We, us, our
Bolter Design LLP
Personal data
Any information relating to an identified or identifiable natural person
Special category personal data
Personal data revealing racial or ethnic origin, political opinions, religious beliefs, philosophical beliefs or trade union membership Genetic and biometric data Data concerning health, sex life or sexual orientation
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PERSONAL DATA WE COLLECT
The table below sets out the personal data we will or may collect in the course of advising and/or acting for a client’s business.
Personal data we will collect
- Name, address and telephone number
- Information to enable us to check and verify identity, e.g. date of birth, passport details or National Insurance number
- Electronic contact details, e.g. email address and mobile phone number
- Information relating to the matter in which a client is seeking our advice or representation
- Information to enable us to undertake a credit or other financial checks
- Financial details so far as relevant to a client’s instructions
Personal data we may collect depending on why we have been instructed
- Tax details
- Bank and/or building society details
- Employment status and details including salary and benefits
- Employment records including, where relevant, records relating to sickness and attendance, performance, disciplinary, conduct and grievances (including relevant special category personal data)
- Personal identifying information, such as eye colour or parents’ names, e.g. if we are instructed to incorporate a company online
- Personal data (including relevant special category personal data) necessary for the conduct of visa applications) including (but not limited to) required biometric and health data; medical records; DBS or other criminal history; former names; political connectedness; details of any previous deportations; means-testing data including details of benefits; family information including marital status and details of forbears.
This personal data is required to enable us to provide our services. If we are not provided with the personal data we ask for, it may delay or prevent us from providing services.
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HOW PERSONAL DATA IS COLLECTED
We collect most of this information directly from our clients. However, we may also collect information:
- from publicly accessible sources, e.g. Companies House, HM Home Office, HMRC or HM Land Registry;
- directly from a third party, e.g.:
- sanctions screening providers;
- credit reference agencies;
- client due diligence providers;
- from a third party with a client’s consent, e.g.:
- bank or building society, another financial institution or advisor;
- consultants and other professionals we may engage in relation to a matter;
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HOW AND WHY WE USE PERSONAL DATA
Under data protection law, we can only use personal data if we have an appropriate legal basis for doing so, e.g.:
- to comply with our legal and regulatory obligations;
- for the performance of our contract with a client or to take steps at a client’s request before entering into a contract;
- for our legitimate interests or those of a third party; or
- where we have been given consent by the data subject.
A legitimate interest is when we have a business or commercial reason to use personal information, so long as this is not overridden by the data subject’s own rights and interests.
The below explains what we use (process) personal data for (our purpose) and our legal basis for doing so:
Our Purpose: To provide professional services to clients
Our Legal Basis: For the performance of our contract with clients or to take steps at clients’ request before entering into a contract
Our Purpose: Conducting checks to identify our clients and verify their identity
Our Legal Basis: To comply with our legal and regulatory obligations
Our Purpose: Screening for financial and other sanctions or embargoes
Our Legal Basis: To comply with our legal and regulatory obligations
Our Purpose: Other processing necessary to comply with professional, legal and regulatory obligations that apply to our business, e.g. under rules issued by professional regulators
Our Legal Basis: To comply with our legal and regulatory obligations
Our Purpose: Gathering and providing information required by or relating to visa applications, audits, enquiries or investigations by regulatory bodies
Our Legal Basis: To comply with our legal and regulatory obligations
Our Purpose: Ensuring business policies are adhered to, e.g. policies covering security and internet use
Our Legal Basis: To comply with our legal and regulatory obligations
Our Purpose: Operational reasons, such as improving efficiency, training and quality control
Our Legal Basis: For our legitimate interests or those of a third party, i.e. to be as efficient as we can so we can deliver the best service for clients at the best price
Our Purpose: Ensuring the confidentiality of commercially sensitive information
Our Legal Basis: For our legitimate interests or those of a third party, i.e. to protect our intellectual property and other commercially valuable information. To comply with our legal and regulatory obligations
Our Purpose: Statistical analysis to help us manage our business, e.g. in relation to our financial performance, client base, work type or other
efficiency measures
Our Legal Basis: For our legitimate interests or those of a third party, i.e. to be as efficient as we can so we can deliver the best service for clients at the best price
Our Purpose: Preventing unauthorised access and modifications to systems
Our Legal Basis: For our legitimate interests or those of a third party, i.e. to prevent and detect criminal activity that could be damaging for us and for our clients. To comply with our legal and regulatory obligations
Our Purpose: Updating and enhancing client records
Our Legal Basis: For the performance of our contract with clients or to take steps at clients’ request before entering into a contract. To comply with our legal and regulatory obligations. For our legitimate interests or those of a third party, e.g. making sure that we can keep in touch with our clients about existing and new services
Our Purpose: Statutory returns
Our Legal Basis: To comply with our legal and regulatory obligations
Our Purpose: Ensuring safe working practices, staff administration and assessments
Our Legal Basis: To comply with our legal and regulatory obligations .For our legitimate interests or those of a third party, e.g. to make sure we are following our own internal procedures and working efficiently so we can deliver the best service to clients
Our Purpose: Marketing our services to:
- existing and former clients;
- third parties who have previously expressed an interest in our services;
- third parties with whom we have had no previous dealings.
Our Legal Basis: For our legitimate interests or those of a third party, i.e. to promote our business to existing and former clients
The above does not apply to special category personal data, which we will only process with explicit consent of the data subject.
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PROMOTIONAL COMMUNICATIONS
We may use personal data to send clients updates about our services, including exclusive offers, promotions or new services.
We have a legitimate interest in processing personal data for promotional purposes (see above ‘How and why we use personal data’). This means we do not usually need consent to send promotional communications. However, where consent is needed, we will ask for this consent separately and clearly.
We will always treat personal data with the utmost respect and never sell it to other organisations for marketing purposes.
Clients have the right to opt out of receiving promotional communications at any time by contacting us by email.
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WHO WE SHARE PERSONAL DATA WITH
We routinely share personal data with:
- professional advisers who we instruct on clients’ behalf or refer them to, e.g. barristers, accountants, tax advisors or other experts;
- our group companies;
- our insurers and brokers;
- our bank.
We only allow our service providers to handle personal data if we are satisfied they take appropriate measures to protect personal data.
We may disclose and exchange information with law enforcement agencies and regulatory bodies to comply with our legal and regulatory obligations.
We may also need to share some personal data with other parties, such as potential buyers of some or all of our business or during a re-structuring. Usually, information will be anonymised but this may not always be possible. The recipient of the information will be bound by confidentiality obligations.
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WHERE PERSONAL DATA IS HELD
Information may be held at our offices and those of our third-party agencies, service providers, representatives and agents as described above (see ‘Who we share personal data with’) or in secure storage.
Some of these third parties may be based outside the European Economic Area. For more information, including on how we safeguard personal data when this occurs, see below: ‘Transferring personal data out of the EEA’.
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HOW LONG PERSONAL DATA WILL BE KEPT
We will keep personal data after we have finished advising or acting for clients. We will do so for one of these reasons:
- to respond to any questions, complaints or claims made by clients;
- to show that we treated clients fairly;
- to keep records required by law.
We will not retain client data for longer than necessary for the purposes set out in this policy. Different retention periods apply for different types of data.
When it is no longer necessary to retain personal data, we will delete or anonymise it.
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TRANSFERRING PERSONAL DATA OUT OF THE EEA
To deliver services, it is sometimes necessary for us to share personal data outside the European Economic Area (EEA), e.g.:
- with our service providers located outside the EEA;
- if clients are based outside the EEA;
- where there is an international dimension to the matter in which we are advising.
These transfers are subject to special rules under European and UK data protection law.
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RIGHTS
Data subjects have the following rights, which can be exercised free of charge:
Access: The right to be provided with a copy of personal data held on a data subject
Rectification: The right to require us to correct any mistakes in a data subject’s personal data
To be forgotten: The right to require us to delete personal data—in certain situations
Restriction of processing: The right to require us to restrict processing of certain personal data—in certain circumstances, e.g. if the accuracy of the data is contested
Data portability: The right to receive the personal data provided to us, in a structured, commonly used and machine-readable format and/or transmit that data to a third party—in certain situations
To object: The right to object: —at any time to personal data being processed for direct marketing (including profiling); —in certain other situations to our continued processing of personal data, e.g. processing carried out for the purpose of our legitimate interests.
Not to be subject to automated individual decision-making: The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning a data subject
For further information on each of those rights, including the circumstances in which they apply, please contact us or see the Guidance from the UK Information Commissioner’s Office (ICO) on individuals’ rights under the General Data Protection Regulation.
To exercise any of those rights, please contact us —see below: ‘How to contact us’.
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KEEPING PERSONAL DATA SECURE
We have appropriate security measures to prevent personal data from being accidentally lost, or used or accessed unlawfully. We limit access to personal data to those who have a genuine business need to access it. Those processing information will do so only in an authorised manner and are subject to a duty of confidentiality.
We also have procedures in place to deal with any suspected data security breach. We will notify clients and any applicable regulator of a suspected data security breach where we are legally required to do so.
HOW TO COMPLAIN
We hope that we can resolve any query or concern raised about our use of personal information.
The General Data Protection Regulation also gives the right to lodge a complaint with a supervisory authority. The supervisory authority in the UK is the Information Commissioner who may be contacted at https://ico.org.uk/concerns or telephone: 0303 123 1113.
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CHANGES TO THIS PRIVACY POLICY
We may change this privacy policy from time to time when we do we will inform clients via email.
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HOW TO CONTACT US
We can be contacted by post or email.
Our contact details are shown below:
studio@bolterdesign.com