• 1 The Green, Richmond, Surrey, TW9 1PL •
  • richmond@fpca.co.uk •
  • 44 (0)20 8940 0963

Whole Firm Privacy Notice

1. INTRODUCTION

1.1 Feltons comprises:

Feltons Limited (Company No: 04142874)

Pumphrey Dasalo Limited (Company No: 05898741)

L W Feltons Limited (Company No: 04548283)

All the above companies have their registered office at:

1 The Green
Richmond
Surrey
TW9 1PL

and Feltons Chartered Accountants which has its main place of business at the above address. Website: www.Feltons.com

1.2 There is a separate privacy notice relating to our website which can be found at https://Feltons.com/Website-privacy-notice/ Where your information is used other than in accordance with one of these uses, we will first obtain your consent to that use.

1.3 Personal Data processing shall always be in line with the General Data Protection Regulation (“GDPR”) and in accordance with UK legislation. By means of this notice, we inform our clients and the general public why we collect and process Personal Data and the rights of Data Subjects relating to this activity.

2. DEFINITIONS

2.1 The data protection notice of Feltons is based on the terms used by the European legislator for the adoption of GDPR but for ease of understanding, the following definitions apply:

2.2 Controller: the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.

Personal data: any information relating to an identified or identifiable natural person (“Data Subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

Data subject: any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing.

Processor: a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

Recipient: a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing.

Third Party: a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.

Restriction of processing: the marking of stored personal data with the aim of limiting their process in the future.

Processing: any operation or set of operations, which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alignment or combination, restriction, erasure or destruction.

Profiling: any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning the natural person’s performance at work, economic situation, health, personal preferences, interests, reliability behaviour, location or movements.

Consent: consent of the data subject is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the process of personal data relating to him or her.

The Lead Supervisory Authority overseeing the Controller is:

3. Name and address of the Lead Supervisory Authority.

Information Commissioner’s Office Wycliffe House, water Lane, Wilmslow, Cheshire, SK9 5AF,United Kingdom. Phone: +44 (0) 303 123 1113, Email: casework@ico.org.uk. Website: https://ico.org.uk

4. Reasons/purposes for processing information.

4.1 To understand how your personal information is processed you may also need to see any personal communications that you have received from us.

4.2 Some of our data processing is necessary for compliance with legal obligation. We are a regulated firm.

4.3 We also process data in performance of our contract with you.

4.4 We also communicate with you about other services we may offer.

4.5 We only work within your consent terms and the law in England and Wales

4.6 We take reasonable measures to ensure that your personal data is processed securely.

4.7 Information is collected relating to the above services from the following sources:

  • The Data Subject directly (e.g. from forms completed and conversations held)
  • Publically available registers via Third Party databases (e.g. for Anti-Money-Laundering purposes)
  • Research by Third Parties (e.g. Recruitment Agencies)

4.8 We process information relating to the above reasons/purposes. This information may include:

  • Personal Details
  • Business Activities
  • Services provided
  • Financial details
  • Education details
  • Employment details

4.9 We process personal information about:

  • Clients and their employees
  • Our employees
  • Suppliers
  • Advisers
  • Complainants

4.10 Sometimes, we need to share the personal information that we process with other organisations. Where we do this, we used to comply with all aspect of the Data Protection Act, Privacy and Electronic Communications Regulation and GDPR as it applies. Generally, we will share information with:

  • Government Bodies
  • Financial Organisations
  • Current, past or prospective employers
  • Educators and examining bodies
  • Suppliers and Service providers
  • Business Associates and other professional advisers

5. Rights of the Data Subject.

GDPR affords EU Data Subjects with rights. These rights are summarised below. In order to assert any of these rights, the Data Subject may contact Feltons at any time.

The right of Confirmation: Each data subject shall have the right to obtain from the controller the confirmation as to whether or not personal data concerning him or her are being processed.

The right of Access: Each data subject shall have the right to obtain from the controller, free information about his or her personal data stored at any time and a copy of this information. Furthermore, the data subject shall have a right to obtain information as to whether personal data are transferred to a third country or to an

international organisation. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.

Right to Rectification: Each data subject shall have the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

Right to Erasure (Right to be forgotten): Each data subject shall have the right to obtain from the controller the erasure of personal data concerning him or hr without undue delay, and the controller shall have an obligation to erase personal data without undue delay where one of the statutory grounds applies, as long as the processing is not necessary.

Right of Restriction of Processing: Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where a statutory reason applies.

Right to Data Portability: each data subject shall have the right granted by the European legislator, to receive the personal data concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format.

Right to Object: Each data subject shall have the right to object, on grounds relating to his or her particular situation at any time, to the process of personal data concerning him or her.

Automated individual decision-making, including profiling: Each data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling.

Right to Withdraw Consent: Where consent forms the basis for processing, Data Subjects shall have the right to withdraw his or her consent to the process of his or her personal data at any time. Data Subjects can withdraw consent by logging into the user portal, clicking the privacy link in the menu and then updating the privacy settings as required. Data Subjects can also contact the Data Protection Officer or any other employee to withdraw consent.

6. Legal basis for the processing

The legal basis for processing shall be where:

  • the data subject has given consent to the processing of his or her personal data for one or more specific purposes;
  • processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;
  • processing is necessary for compliance with a legal obligation to which the controller is subject;
  • processing is necessary in order to protect the vital interests of the data subject or of another natural person’
  • processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
  • processing is necessary for the purposes of the legitimate interest pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights, and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.

7. The Legitimate Interest pursued by the Controller or by a Third Party

Where the processing of personal data is based on our legitimate interest, it is to carry out our business in favour of the well-being of all our employees and the shareholders.

8. Security of Processing

Feltons has implemented technical and organisation measures to ensure personal data processed remains secure. However, absolute security cannot be guaranteed. Should a Data Subject have a particular concern about a particular method of data transmission, we will take reasonable steps to provide an alternative method.

9. Transfers

It may sometimes be necessary to transfer personal information overseas. When transfers are needed, information may be transferred to countries or territories around the world. Any transfers made will be in full compliance with all aspects of the General Data Protection Regulation and in accordance with the UK legislation applicable to Feltons.

10. Personal Data Retention

Personal Data will be retained for 7 years.

After that, it will be securely deleted or destroyed unless it is needed for:

  • the fulfilment of a contract
  • the initiation of a contract
  • use in legal proceedings

If the Data Subject wishes data can be held for a longer period.

11. The Contractual obligation of the data subject to provide the personal data and the possible consequences of failure to provide such data

For clarity, the provision of personal data is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes, it may be necessary to conclude a contract that the data subject provides us with personal data, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with personal data when our company signs a contract with him or her. The non-provision of the personal data would have the consequences that the contract with the data subject could not be concluded.

12. Automated decision-making & Profiling

We do not process personal data for automatic decision-making or profiling.

13. Data protection for Employment & Recruitment Procedures

Feltons shall collect and process the personal data of applicants for the purpose of the processing of the application procedure. The processing may also be carried out electronically. This is the case, in particular, if an applicant submits corresponding application documents by e-mail or by means of a web form on the website to us. If the data controller concludes an employment contract with an applicant, the submitted data will be stored for the purpose of processing the employment relationship in compliance with legal requirements. If no employment contract is concluded with the applicant by the Controller, the application documents shall be automatically erased two months after notification of the refusal decision, provided that no other legitimate interests of the controller are opposed to the erasure. Other legitimate interests could be complying with specific legislation, e.g. the UK Equality Act 2010.

14. General

You may not transfer any of your rights under this privacy notice to any other person. We may transfer our rights under this privacy notice where we reasonably believe your rights will not be affected.

If any court or competent authority finds that any provision of this privacy notice (or part or any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, by deemed to be deleted, and the validity and enforceability of the other provisions of this privacy notice will not be affected.

Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

This notice will be governed by and interpreted according to the law of England and Wales. All disputes arising under the notice will be subject the exclusive jurisdiction of the English and Welsh courts.

15. Changes to this notice

This notice was last updated on 24/05/2018. We may change this policy by updating this page to reflect changes in the law or our privacy practices. However, we will not use your Personal Data in any new ways without your consent.