The following information is provided to comply with the requirements of the General Data Protection Regulation.

This privacy statement describes why and how we collect and use personal data and provides information about individuals’ rights. It applies to personal data provided to us, both by individuals themselves or by others. We may use personal data provided to us for any of the purposes described in this privacy statement or as otherwise stated at the point of collection.

Identity and contact details of the controller and where applicable, the controller’s representative and the data protection officer

 

Where an insolvency practitioner of Smith Cooper is not appointed as office holder, the data controller is either the company/individual on whose instructions Smith Cooper is acting or it is Smith Cooper. The contact details of Smith Cooper are: St Helen’s House, King Street, Derby, DE1 3EE, 01332 332021, creditor.correspondence@smithcooper.co.uk

Where an insolvency practitioner of Smith Cooper is appointed as office holder and the data processing is carried out as part of their statutory duties, the office holders are the data controllers.  The insolvency practitioners can be contacted at: Smith Cooper, St Helens House, King Street, Derby, DE1 3EE, 01332 332021, creditor.correspondence@smithcooper.co.uk

How we use your personal information The purpose for which personal information is processed may include any or all of the following:

• deliver services and meet legal responsibilities

• verify identity where this is required

• communication by post, email or telephone

• understand needs and how they may be met

• maintain records

• process financial transactions

• prevent and detect crime, fraud or corruption

• may also need to use data to defend or take legal actions related to the above

Lawful basis for the processing

 

Most processing is carried out to comply with our legal obligations under statute and other regulatory obligations related to the insolvency process. We also believe our processing is for the legitimate interests of all stakeholders in the insolvency process, as they are entitled to be kept informed and may wish to engagement in the insolvency process. Where Smith Cooper has engaged with a client to perform a service, we will be required to process data to provide the service in accordance with the contractual terms.
What personal information we hold The categories are: contact details, financial information and location. In rare cases, we may hold some special category data, e.g. trade union membership or information about individuals’ health, which will be necessary to administer the insolvency process in line with our legal obligations.
Who we share our data with Personal data held by us may be transferred to:

We currently employ the services of SmartCredit Limited t/a SmartSearch, a credit reference agency, to assist us with performing identification checks on our clients for the purposes of compliance with the Money Laundering Regulations. Any personal information received from SmartCredit Limited t/a SmartSearch will be processed only to confirm your ID to us for the purposes of preventing money laundering or terrorist financing. You can access SmartCredit Limited t/a SmartSearch’s privacy policy at http://www.smartsearchuk.com/privacy-policy/ where you will find more information regarding SmartCredit Limited t/a SmartSearch’s data processing activities.

How long we retain your personal information

 

We retain personal data for as long as is necessary to achieve the purpose listed above and for any other permissible related purpose. For example, we retain most records until the time limit for claims arising from the activities has expired or otherwise to comply with statutory or regulatory requirements regarding the retention of such records.
Your rights

 

The GDPR provides the following rights for individuals:

Right to inform

This privacy notice meets our requirement to inform you of our processing of your data.

Access to personal data

You have a right of access to personal data held by us as a data controller. This right may be exercised by contacting us creditor.correspondence@smithcooper.co.uk. We will aim to respond to any requests for information promptly, and in any event within one month.

Amendment of personal data

To update personal data submitted to us, you may email us at creditor.correspondence@smithcooper.co.uk or, where appropriate, contact us via the relevant website registration page or by amending the personal details held on relevant applications with which you registered.

Rights that do not apply in these particular circumstances

Not all of the rights under the GDPR are available as one of the reasons we are holding your data is on the basis of it being a legal obligation and therefore the right to erasure, data portability and to object do not apply.

Right to withdraw consent

 

The data received was not based upon obtaining consent and therefore the right to withdraw consent does not apply.
Changes to our privacy statement

 

We keep this privacy statement under regular review and will place any updates on our website. Paper copies of the privacy statement may also be obtained by writing to us at Smith Cooper, St Helens House, King Street, Derby, DE1 3EE.

This privacy statement was last updated on 10/10/19.

Complaints

 

Should you want to complain about our use of personal data, please contact us creditor.correspondence@smithcooper.co.uk

You also have the right to lodge a complaint with the Information Commissioner’s Office (“ICO”) (the UK data protection regulator). For further information on your rights and how to complain to the ICO, please refer to the ICO website.

Who provided the personal data The personal data we have used to contact you was provided by the company/individual (or persons acting on their behalf) on whose instructions we are acting or in relation to which our insolvency practitioner has been appointed. We also access information from the Registrar of Companies and other similar public-access data providers.