RSM Restructuring and Creditor Services privacy policy

Purpose of policy

This policy describes how RSM Restructuring Advisory LLP, RSM Northern Ireland (UK) Limited, Baker Tilly Creditor Services LLP (collectively “the Firm”) and Office-Holders (defined below) collect and process your personal data in the provision of their services.

In this policy:

An “Office-Holder” is a partner or employee of the Firm who holds one of the following (or similar) appointments:

  • Administrative Receiver.
  • Administrator.
  • Fixed Charge Receiver.
  • Interim Liquidator.
  • Liquidator.
  • LPA Receiver.
  • Nominee or Supervisor of a Voluntary Arrangement.
  • Provisional Liquidator.
  • Special Manager.
  • Trustee in Bankruptcy.
  • Trustee of a Protected Trust Deed.
  • Trustee of a Sequestrated Estate.

The “Company” is the legal entity over which the Office-Holder is appointed.

It is important that you read this policy together with any other privacy policy/notice or fair processing notice we may provide on specific occasions when we are collecting or processing your or our clients’ personal data. This policy supplements the other policies/notices, and our Terms and Conditions of Business, and is not intended to override them. 

You should also refer to any privacy policy that the Company may have.

We may change the terms of this policy from time to time. This version is dated May 2018.

Data Controller and Privacy Officer

Depending on the circumstances, the data controller may be any of the following:

  • The Company, where the data has been collected and processed by it. The Company may be contacted via the Office-Holder.
  • The Office-Holder, where he/she has collected and processed data pursuant to his/her duties under the relevant applicable insolvency legislation or instrument of appointment. If you do not already hold contact details for the Office-Holder, he/she may be contacted via david.punt@rsmuk.com.
  • RSM Restructuring Advisory LLP, RSM Northern Ireland (UK) Limited or Baker Tilly Creditor Services LLP where that entity is engaged to provide services to you. The relevant entity may be contacted via david.punt@rsmuk.com.

RSM has appointed a Privacy Officer to deal with questions relating to this policy who can be contacted at: david.punt@rsmuk.com.

The data we collect about you

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you as follows:

  • Identity Data includes, in relation to you or a family member, first name, maiden name, last name, username or similar identifier; marital status; title; date of birth; gender; data contained on a passport, photocard driving licence or other identity card; and data contained in photographs, videos and CCTV images.
  • Contact Data includes home address and billing address (if different), email address and telephone numbers.
  • Financial Data includes income, personal expenditure, charitable donations, taxation and other financial-related details; investments and other financial interests; bank account and payment card details; pension details; and data relating to the membership of professional bodies.
  • Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
  • Profile Data includes your username and password, your interests, preferences, feedback and survey responses.
  • Usage Data includes information about how you use our products and services.
  • Marketing and Communications Data includes your preferences in receiving marketing material from us and your communication preferences.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this policy.

We may collect special categories of personal data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). We may also collect information about criminal convictions and offences.

How is your personal data collected?

Your personal data may be collected from the following sources:

  • Records that the Company already holds about you.
  • Questionnaires submitted by you to the Redundancy Payments Service.
  • Questionnaires completed by you and others and returned to the Firm.
  • Correspondence between you and the Firm.
  • Notes from meetings held between you and the Firm’s staff.
  • Information provided to the Firm by third parties in relation to an appointment.
  • Information held in the public domain (for example, at Companies House and the Land Registry).

You may also give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

  • engage us to provide services;
  • subscribe to our publications;
  • request marketing material to be sent to you;
  • enter a competition, promotion or survey; 
  • complete one of our enquiry forms; or
  • provide us with feedback.

Other data controllers (including clients) may also provide your personal data to us.

How we use your personal data

The precise way in which your personal data is used will depend on the basis on which you interact with the Firm. The most common examples are set out below.

I am an Employee of a business over which the Office-Holder has been appointed

Your personal data is used primarily to fulfil the Office-Holder’s duties under the relevant applicable insolvency legislation.

Your personal data will be used for the following purposes:

  • To calculate any claim you may have against the Company, including any redundancy pay due from the Redundancy Payments Service.
  • To calculate any unpaid pension contributions by the Company.
  • To continue the Company’s payroll if you are retained by the Company post-appointment.
  • To contact your trade union, if applicable. 

If the Office-Holder sells the business as a going concern it may be necessary to provide the purchaser with your personal data to enable it to deal with the continuation of your employment. 

I am a Director (De facto or Shadow) / Partner / Owner of a business over which the Office-Holder has been appointed

Your personal data is used primarily to fulfil the Office-Holder’s duties under the relevant applicable insolvency legislation.

Your personal data will be used for the following purposes:

  • To enable the Office-Holder to comply with his/her obligations under Company Directors Disqualification Act 1986, if applicable.
  • To calculate any claim you may have against the Company, including any redundancy pay due from the Redundancy Payments Service.
  • To calculate any unpaid pension contributions by the Company.
  • To continue the Company’s payroll if you are retained by the Company post-appointment.
  • To contact your trade union, if applicable. 

If the Office-Holder sells the business as a going concern it may be necessary to provide the purchaser with your personal data to enable it to deal with the continuation of your employment. 

I am an Individual who has been made Bankrupt and an Office-Holder has been appointed over my estate

Your personal data is used primarily to fulfil the Office-Holder’s duties under the relevant applicable insolvency legislation.

Your personal data will be used for the following purposes:

  • To make enquiries regarding any assets which form part of your estate.
  • To make enquiries into any claims received against your estate.
  • To allow us to assess your annual income and expenditure statements.

I am an Individual who is proposing or is subject to a Voluntary Arrangement and an Office-Holder has been appointed over my estate

Your personal data is used primarily to fulfil the Office-Holder’s duties under the relevant applicable insolvency legislation.

Your personal data will be used for the following purposes:

  • To make enquiries regarding any assets which form part of your estate.
  • To make enquiries into any claims received against your estate.
  • To make an assessment as to the suitability of your proposal.

I am an individual Customer of a business over which an Office-Holder has been appointed

Your personal data is used primarily to fulfil the Office-Holder’s duties under the relevant applicable insolvency legislation.

Your personal data will be used for the following purposes:

  • To contact you regarding any potential claim against the Company (for example, warranty issues or deposits).
  • To enable the Office-Holder to adjudicate upon any potential claims against the Company.
  • To pursue any amounts due from you to the Company.

If the Office-Holder sells the business as a going concern it may be necessary to provide the purchaser with your personal data to enable it to deal with the continuation of supplies to you. 

I am an individual Tenant of a business over which an Office-Holder has been appointed

Your personal data is used primarily to fulfil the Office-Holder’s duties under the relevant applicable insolvency legislation.

Your personal data will be used for the following purposes:

  • To contact you regarding your tenancy including renewal and termination.
  • To contact you regarding any potential claim against the Company (for example, deposits).
  • To enable the Office-Holder to adjudicate upon any potential claims against the Company.
  • To pursue any amounts due from you to the Company.

When the Office-Holder sells the property that you are occupying it will be necessary to provide the purchaser with your personal data to enable it to deal with the continuation of your tenancy.

I am an individual Supplier of a business over which an Office-Holder has been appointed 

Your personal data is used primarily to fulfil the Office-Holder’s duties under the relevant applicable insolvency legislation.

Your personal data will be used for the following purposes:

  • To contact you regarding any potential claim against the Company.
  • To enable the Office-Holder to adjudicate upon any potential claims against the Company.
  • To pursue any amounts due from you to the Company.

If the Office-Holder sells the business as a going concern it may be necessary to provide the purchaser with your personal data to enable it to deal with the continuation of supplies from you. 

I am an individual Shareholder of a business over which an Office-Holder has been appointed 

Your personal data is used primarily to fulfil the Office-Holder’s duties under the relevant applicable insolvency legislation

Your personal data will be used for the following purposes:

  • To contact you regarding any potential claim against the Company. 
  • To enable the Office-Holder to adjudicate upon any potential claims against the Company.
  • To pursue any amounts due from you to the Company.

I am a vulnerable individual or child and believe you hold data on me

An Office-Holder may be appointed over a business which holds data regarding vulnerable individuals and/or children (for example: care homes, hospitals, dental surgeries, schools and nurseries). 

Your personal data will be used primarily to fulfil the Office-Holder’s duties under the relevant applicable insolvency legislation.

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to receive an explanation as to how processing for the new purpose is compatible with the original purpose, please contact our Privacy Officer at: david.punt@rsmuk.com.

Please note that we may process your personal data without your knowledge or consent where this is required or permitted by law.

Disclosure of your personal data

We do not sell, distribute or otherwise make personal data commercially available to any party, except as described in this policy or with your prior permission.

An Office-Holder has a legal obligation, in certain circumstances, to disclose personal data to:

  • His/her regulatory body.
  • The Secretary of State.

An Office-Holder/the Firm may also be under an obligation to provide your personal data to other third parties who have a statutory right to request it (for example, HMRC) or who have obtained an appropriate court order.

We may also have to share your personal data with:

  • Other RSM Entities (defined as RSM UK Holdings Limited and persons, bodies corporate or partnerships controlled (directly or indirectly) by it). 
  • Other firms within the RSM global network.
  • Our auditors, insurers or a competent governmental or regulatory body.
  • Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. Any new owners of our business may use your personal data in the same way as set out in this privacy policy.
  • Third party service providers (including any debt collection agency used by the Office-Holder, as well as service providers who may assist with the calculation of employee claims or pension deficits and contributions).
  • Another third party if our client lawfully instructs us to do so, including the parent entity of an audit client and/or its auditor pursuant to ISA 600.
  • Owners of our clients, including shareholders.
  • Our clients’ funders.

Protection of your personal data

We take the security of the personal data we hold seriously. Policies and procedures are in place to safeguard it from loss, misuse and improper disclosure.

We also have procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so. 

All our third-party service providers and other RSM Entities are required to take appropriate security measures to protect your personal information in line with our policies. We do not allow our third-party service providers to use your personal information for their own purposes. We only permit them to process your personal information for specified purposes and in accordance with our instructions.

To the extent that the processing of personal data involves the transfer of such data to a territory that does not provide an adequate level of protection, we shall implement appropriate safeguards in accordance with applicable data protection legislation. You may request details of any safeguards implemented from our Privacy Officer at: david.punt@rsmuk.com.

For how long will we use your personal data?

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, regulatory or reporting requirements. To determine the appropriate retention period for personal data, we consider:

  • the amount, nature, and sensitivity of the data;
  • the potential risk of harm from unauthorised use or disclosure of the data;
  • the purposes for which we process the data; and
  • the applicable legal requirements.

Personal data will generally be held for no longer than 7 years after the closure of an appointment.

If you have opted out of receiving future publications from us, your contact details will remain on our opt-out list to prevent you from receiving any further publications from us.

Your legal rights

We assume responsibility for keeping an accurate record of personal data once you have submitted the information. Please inform us of any changes to your information.

You are entitled to:

  • Request access to your personal data.
  • Request the correction or erasure of your personal data.
  • Object to the processing of your personal data.
  • Request a restriction of processing of your personal data.
  • Request the transfer of your personal data to you or to a third party.
  • Withdraw consent at any time, where we are relying on consent to process your personal data.

To exercise any of the above rights please contact our Privacy Officer at: david.punt@rsmuk.com.

We may need to request specific information from you to help us to confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Cookies

Our website uses cookies. For more information please see our cookie policy.

Third party websites and social media platforms

We are not responsible for the privacy policies of third party websites or social media platforms to which links may be provided via our website. You should check the privacy policy of the relevant third party before providing any information.

You may wish to participate in the various social media platforms hosted by us. However, we do not accept any responsibility for any personal information that you share on such platforms that is subsequently used, misused or otherwise appropriated by another user. 

Complaints

If you are concerned about an alleged breach of privacy law or any other regulation by us please contact our Privacy Officer who will ensure that your complaint is investigated.

You also have the right to complain to the Information Commissioner’s Office, the UK supervisory authority for data protection issues. 

Complaints regarding the conduct of an Office-Holder can be made by contacting David Punt at the relevant entity at 25 Farringdon Street, London EC4A 4AB. For further information please see RSM’s Legal statements.

 

To view the relevant policy please click on the links below:

RSM Entities' privacy policy
RSM Trustee privacy policy
RSM UK Group website privacy policy
RSM UK Group website cookie policy
RSM recruitment privacy policy