1. PURPOSE OF THIS NOTICE
This notice describes how we collect and use personal data about you, in accordance with theGeneral Data Protection Regulation (GDPR), the Data Protection Act 2018 and any other national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK (‘Data Protection Legislation’).
This note is intended for:
- visitors to our website;
- prospective clients;
- individual clients with whom we have a direct contractual relationship;
- client employers and their employees with whom we have a direct contractual relationship;
- employees of clients where we have a direct contractual relationship with their employer only;
- clients for whom we act as subcontractor for the provision of expatriate taxation services; and
- clients of firms for whom we act as subcontractor for the provision of expatriate taxation services.
Please read the following carefully to understand our practices regarding your personal data and how we will treat it.
2. ABOUT US
Xpatria Tax & Consulting Ltd is a firm of expatriate taxation advisers. We are registered in England and Wales as a limited company under number 07179889and our registered office is at 1 Church House, Cattle Lane, Aberford, West Yorkshire LS25 3BH.
For the purpose of the Data Protection Legislation and this notice, we are the data controller. This means that we are responsible for deciding how we hold and use personal data. For certain types of service, we may also act as data processors.
We are required under the Data Protection Legislation to notify you of the information contained in this privacy notice.
Our website contains a number of links to third parties that do not operate under the data protection measures set out in this privacy note. We encourage visitors to such websites to review each website’s privacy note before disclosing any personally identifiable information.
Should you wish to contact our Data Protection Point of Contact you can do so using the contact details noted at paragraph 12 (Contact Us), below.
3. HOW WE MAY COLLECT YOUR PERSONAL DATA
We obtain personal data about you, for example:
- when you request a proposal from us in respect of the services we provide; or
- when you, or your employer or our clients engages us to provide our services and also during the provision of those services; or
- when you contact us by email, telephone, post or other medium (for example when you have a query about our services); or
- from third parties and/or publicly available resources (for example, from your employer, Companies House, the UK or non-UK tax and social security authorities).
4. THE KIND OF INFORMATION WE HOLD ABOUT YOU
The information we hold about you may include the following:
- your personal details (such as your name and/or address, telephone number, tax and social security references, information necessary to identify you in compliance with the UK’s anti money laundering regulations, and any information regarding your tax affairs that you may have provided to us in connection with our engagement);
- 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;
- 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, information provided by your employer, third parties such as (but not limited to) banks, financial advisers or brokers or information from clients who may have contracted us to deliver our services to you (and your employer).
If you visit our website you do not have to submit any personal information. The site collects only personally identifiable information that is specifically and voluntarily provided by visitors. Such information may consist of, but is not limited to, your name, email address and other contact details.
5. HOW WE USE PERSONAL DATA WE HOLD ABOUT YOU
Processing
We may process your personal data for purposes necessary for the performance of our contract with you, your employer, or our clients and to comply with our legal obligations under relevant laws in force from time to time (such as UK company law, UK tax law and the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017, referred to as “MLR 2017”).
We may process your data in order to help you satisfy your obligations to comply with UK tax law and requirements set by the UK tax and social security authorities.
We may process your data to comply with professional obligations to which we are subject as a member of the Association of Taxation Technicians and to use in the investigation of and/or defence of potential complaints, disciplinary proceedings, and legal proceedings.
Where permitted under the terms of our engagement, 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, seeking your opinion of our services, providing you with information regarding our services that may be useful to you and notifying you of changes to our services.
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.
We do not intend to use automated decision-making in relation to your personal data.
In some circumstances we mayanonymiseorpseudonymisethe 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.
We may also process your personal data without your knowledge or consent, in accordance with this notice, where we are legally required or permitted to do so (for example, MLR 2017).
To ensure that our website is well managed, we may track information on our systems and identify categories of visitors by items such as domain, company IP and browser type. This information is reported in aggregate and includes no personal identifiers. We use this information to analyse the number of visitors to our website and ensure that our website is serving as a useful and effective information source.
Our webmasters may, where necessary, use your information for various website-related tasks.
Note: our website is not designed to for, or intentionally targeted at, children of thirteen years of age or younger. It is not our policy to intentionally collect or maintain information about anyone of thirteen years of age or younger.
Data retention
We will only retain your personal data for as long as is necessary to fulfil the purposes for which it is collected. When acting as data controller, we will retain your data for 20 years in line with HM Revenue & Customs’ maximum retention period.
When assessing what retention period is appropriate for your personal data, we have taken 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.
When acting as data processor, we will delete and/or return all personal data to the data controller as agreed with the data controller.
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 legal basis which allows us to do so before starting any new processing.
We will never sell your personal information.
6. DATA SHARING
Why might we share your personal data with third parties?
We will share your personal data with third parties where we are required to by law, where it is necessary to administer the relationship between us or where we have another legitimate interest in doing so. We may share your data with:
- HM Revenue & Customs;
- any third parties with whom you require us to correspond;
- an alternate (in the event of our death or incapacity);
- our professional body, the Association of Taxation Technicians, to comply with practice assurance requirements and/or the requirements of MLR 2017 or similar legislation; and
- the police and law enforcement agencies;if the law allows or requires us to do so, we may share your personal data with:
- courts and tribunals; and
- the Information Commissioner’s Office (ICO).
Which third-party service providers process my personal data?
“Third parties” includes third-party service providers delivering the following services to us such as (but not limited to):
- email services;
- cloud-based portal services;
- tax and accounting software providers;
- telephony;
- banking;
- professional services such as insurance or legal services;
- identity checking services in order to comply with the UK’s anti money laundering regulations.
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.
What about other third parties?
We may share your personal data with other third parties, for example in the context of thepossible sale or restructuring of the business.
We will not share your contact details with business and non-business platforms such as LinkedIn, Facebook, Instagram or other social media platforms.
7. TRANSFERRING PERSONAL DATA OUTSIDE THE EUROPEAN ECONOMIC AREA (EEA)
We may from time to time transfer personal data to countries outside of the EEA. The term ‘transfer’ includes making data available remotely. The transfer of personal data to a country outside of the EEA shall take place only if one or more of the following applies:
- the transfer is to a country, territory, or one or more specific sectors in that country (or an international organisation), that the European Commission has determined ensures an adequate level of protection for personal data; or
- the transfer is to a country (or international organisation) which provides appropriate safeguards in the form of a legally binding agreement between public authorities or bodies; binding corporate rules; standard data protection clauses adopted by the European Commission; compliance with an approved code of conduct approved by a supervisory authority (e.g. the Information Commissioner’s Office); certification under an approved certification mechanism (as provided for in the Regulation); contractual clauses agreed and authorised by the competent supervisory authority; or provisions inserted into administrative arrangements between public authorities or bodies authorised by the competent supervisory authority; or
- the transfer is made with the informed consent of the relevant data subject(s); or
- the transfer is necessary for the performance of a contract between the data subject and the Company (or for pre-contractual steps taken at the request of the data subject); or
- the transfer is necessary for the conduct of legal claims.
8. DATA SECURITY
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, agents, contractors 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.
We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.
9. RIGHTS OF ACCESS, CORRECTION, ERASURE, AND RESTRICTION
Your duty to inform us of changes
It 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 by contacting us, using the contact details below.
Your rights in connection with personal data
Under certain circumstances by law you have the right to be informed about what personal data we propose to collect and from where; under what legal basis we intend to process and store it; and what safeguards are in place for handling your personal data safely and securely. This policy note addresses your right to be informed. In addition, 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:
suzannestubbings@xpatria.co.uk or andystubbings@xpatria.co.uk
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.
10. 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 (for example, in relation to marketing purposes) you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact:
suzannestubbings@xpatria.co.uk or andystubbings@xpatria.co.uk
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.
11. CHANGES TO THIS NOTICE
Any changes we may make to our privacy notice in the future will be updated on our website at http://www.xpatria.co.uk.
This privacy notice was last updated on 25 May 2018.
12. 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 email:
suzannestubbings@xpatria.co.uk or andystubbings@xpatria.co.uk
or call us on 0113 393 5686.
You also have the right to make a complaint to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues, at any time. The ICO’s contact details are as follows:
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone – 0303 123 1113 (local rate) or 01625 545 745