What is a Privacy Notice?
The Data Protection Act 2018 (DPA 2018) and the General Data Protection Regulation (GDPR) impose certain legal obligations in connection with the processing of personal data.
This notice details how we gather and use personal data about you – please read this document carefully to understand our procedures regarding your personal data and how we treat it.
We may amend this privacy notice from time to time. If we do so, we will supply you with and/or otherwise make available to you a copy of the amended privacy notice.
Who we are and how to contact us
We are an accountancy practice; Caroline Hinde t/a Caroline Hinde Accountancy.
Our office address is: Business Central, 2 Union Square, Darlington, DL1 1GL.
Caroline Hinde is a data controller within the meaning of GDPR and processes personal data. The practice Data Protection Officer is the Data Protection Point of Contact and is responsible for assisting with enquiries in relation to this privacy notice or our treatment of your personal data. If you have any questions regarding this notice or how your data is processed, please email email@example.com
Where we act as a data processor on behalf of a data controller (for example when processing payroll), an additional schedule will be provided detailing required information as part of that agreement. This additional schedule should be read in conjunction with this privacy notice.
Ways in which 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;
- you / your employer / our client engages us to provide our services and during the provision of those services;
- you contact us by email, telephone, post, via our website (carolinehinde.co.uk *please see our Website & Cookie Privacy Notice, available at the website), or social media (e.g. you may have a query about our services); or
- from third parties and/or publicly available resources (e.g. from your employer or from Companies House).
What kind of information do we hold?
The information we hold about you may include the following;
- your personal details (such as your name and/or address);
- details of contact we have had with you in relation to the provision, or the proposed provision, or 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.
How do we use your data?
We may process your personal data for the following purposes;
- to enable us to provide professional services to you necessary for the performance of any agreements (contracts) entered between you / your employer / our clients and us;
- to fulfil our obligations under relevant laws in force from time to time (e.g. the Money Laundering Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (MLR 2017);
- to comply with professional obligations to which we are subject as a member of the Association of Accounting Technicians;
- to use in the investigation and/or defence of potential complaints, disciplinary proceedings and legal proceedings;
- to enable us to invoice you for our services and investigate/address any attendant fee disputes that may have arisen;
- to contact you about other services/events we may provide which may be of interest to you if you have consented to us doing so;
- notify you about any changes to our services.
In some circumstances we may anonymise or pseudonymise the personal data in order that it can no longer be associated to you. In this 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 with you. As such, we will need to cease to act. 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.
As detailed above, we have identified that our data processing has the following legal bases;
Consent (e.g. at the time you instructed us to act, you gave consent to our processing your personal data for the purposes above)
Contract (e.g. for the performance of our contract with you)
Legal (e.g. for compliance with legal obligations to which we are subject (e.g. MLR 2017)
Legitimate Interests (e.g. services which we provide that may be of interest to you)
Change of purpose
We will only use your personal data for another reason (other than for the purpose for which we collected it) where that reason is compatible with the original purpose.
We will notify you and communicate the legal basis which allows us to use your personal data for a new purpose, before commencing any new processing.
Sharing your data
We will share your personal data with third parties where we are required 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 personal data with;
- any third parties with whom you require or permit us to correspond
- an alternate appointed by us in the event of incapacity or death
- tax insurance providers
- professional indemnity insurers
- our professional body the Association of Accounting Technicians and/or the Office of Professional Body Anti-Money Laundering Supervisors (OPBAS) in relation to practice assurance and/or the requirements of MLR 2017 (or any similar legislation)
- third party service providers. This includes third party service providers, activities carried out by these providers are; IT and cloud services, professional advisory services, administration services, marketing services and banking services. All third-party service providers used by us are required to take commercially reasonable and appropriate security measures to protect your personal data. Our third-party service providers are permitted to process your personal data for specific purposes and in accordance with our instructions only.
- other parties, for example in the context of the possible sale or restructuring of the business.
If the law allows or requires us to, we may share your personal data with;
- the police and law enforcement agencies
- courts and tribunals
- the Information Commissioner’s Office (ICO)
We may need to share your personal data with the third parties identified above to comply with our legal obligations, including our legal obligations to you. If you ask us not to share your personal data with such third parties, we may need to cease to act.
Transferring personal data outside of the European Economic Area (EEA)
We may transfer the personal data we collect about you outside the EEA.
To ensure your personal data is treated by those third parties in a manner consistent with and respectful of the Data Protection Legislation we have ensured said third parties are GDPR compliant by reviewing their privacy notices.
Should you require further information about this protective measure, please contact us using the details under the heading “Who we are and how to contact us” earlier in this notice.
Security of your data
The security and protection of your data is hugely important to us and as such we have the following systems in place;
- we use commercially reasonable and appropriate security measures to prevent your personal data from accidental loss, unauthorised access or usage, alteration or disclosure;
- we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to access it;
- we ensure that those who process your personal data do so only on our instruction and are subject to a duty of confidentiality;
- we have procedures to follow in the event of any suspected data breach and will notify you and any applicable regulator of any suspected breach where we are required to do so.
Rights of access, correction, erasure and restriction
Retention of personal data
When acting as a data controller and in accordance with recognised good practice within the tax and accountancy sector we will retain all our records relating to you as follows:
- where tax returns have been prepared it is our policy to retain information for seven years from the end of the tax year to which the information relates.
- where ad hoc advisory work has been undertaken it is our policy to retain information for seven years from the date the business relationship ceased.
- where we have an ongoing client relationship, data which is needed for more than one year’s tax compliance (e.g. capital gains base costs and claims and elections submitted to HMRC) is retained throughout the period of the relationship but will be deleted seven years after the end of the business relationship unless you as our client ask us to retain it for a longer period.
Our contractual terms provide for the destruction of documents after seven years and therefore agreement to the contractual terms is taken as agreement to the retention of records for this period, and to their destruction thereafter.
You are responsible for retaining information that we send to you (including details of capital gains base costs and claims and elections submitted) and this will be supplied in the form agreed between us. Documents and records relevant to your tax affairs are required by law to be retained by you as follows:
Individuals, trustees and partnerships
- with trading or rental income: five years and 10 months after the end of the tax year;
- otherwise: 22 months after the end of the tax year.
Companies, LLPs and other corporate entities
- six years from the end of the accounting period.
Where we act as a data processor as defined in DPA 2018, we will delete or return all personal data to the data controller as agreed with the controller at the termination of the contract.
Requesting personal data we hold about you (subject access requests)
You have a right to request access to your personal data that we hold. Such requests are known as ‘subject access requests’ (“SARs”).
Please provide all SARs in writing marked for the attention of Caroline Hinde.
To help us provide the information you want and deal with your request more quickly, you should include enough details to enable us to verify your identity and locate the relevant information. For example, you should tell us:
- your date of birth
- previous or other name(s) you have used
- your previous addresses in the past five years
- personal reference number(s) that we may have given you, for example your national insurance number, your tax reference number or your VAT registration number
- what type of information you want to know
If you do not have a national insurance number, you must send a copy of:
- the back page of your passport or a copy of your driving licence; and
- a recent utility bill.
DPA 2018 requires that we comply with a SAR promptly and in any event within one month of receipt. There are, however, some circumstances in which the law allows us to refuse to provide access to personal data in response to a SAR (e.g. if you have previously made a similar request and there has been little or no change to the data since we complied with the original request).
We will not charge you for dealing with a SAR.
You can ask someone else to request information on your behalf – for example, a friend, relative or solicitor. We must have your authority to respond to a SAR made on your behalf. You can provide such authority by signing a letter which states that you authorise the person concerned to write to us for information about you, and/or receive our reply.
Where you are a data controller and we act for you as a data processor (e.g. by processing payroll), we will assist you with SARs on the same basis as is set out above.
Putting things right (the right to rectification)
You have a right to obtain the rectification of any inaccurate personal data concerning you that we hold. You also have a right to have any incomplete personal data that we hold about you completed. Should you become aware that any personal data that we hold about you is inaccurate and/or incomplete, please inform us immediately so we can correct and/or complete it.
Deleting your records (the right to erasure)
In certain circumstances you have a right to have the personal data that we hold about you erased. Further information is available on the ICO website (www.ico.org.uk). If you would like your personal data to be erased, please inform us immediately and we will consider your request. In certain circumstances we have the right to refuse to comply with a request for erasure. If applicable, we will supply you with the reasons for refusing your request.
The right to restrict processing and the right to object
In certain circumstances you have the right to ‘block’ or suppress the processing of personal data or to object to the processing of that information. Further information is available on the ICO website (www.ico.org.uk). Please inform us immediately if you want us to cease to process your information or you object to processing so that we can consider what action, if any, is appropriate.
Obtaining and reusing personal data (the right to data portability)
In certain circumstances you have the right to be provided with the personal data that we hold about you in a machine-readable format, e.g. so that the data can easily be provided to a new professional adviser. Further information is available on the ICO website (www.ico.org.uk).
The right to data portability only applies:
- to personal data an individual has provided to a controller;
- where the processing is based on the individual’s consent or for the performance of a contract; and
- when processing is carried out by automated means
We will respond to any data portability requests made to us without undue delay and within one month. We may extend the period by a further two months where the request is complex, or a number of requests are received but we will inform you within one month of the receipt of the request and explain why the extension is necessary.
Withdrawal of consent
Where you have consented to our processing of your personal data, you have the right to withdraw that consent at any time. Please inform us immediately if you wish to withdraw your consent. Please note:
- the withdrawal of consent does not affect the lawfulness of earlier processing
- if you withdraw your consent, we may not be able to continue to provide services to you
- even if you withdraw your consent, it may remain lawful for us to process your data on another legal basis (e.g. because we have a legal obligation to continue to process your data)
We do not intend to use automated decision-making in relation to your personal data.
Questions / Issues?
If you have any questions regarding this notice or if you would like to speak with us about the manner in which we process your personal data, please email our Data Protection Point of Contact: firstname.lastname@example.org
If you are not happy with our response, you have a right to lodge a complaint with the ICO (the UK supervisory authority for data protection issues). The ICO can be contacted;
Information Commissioner’s Office
Telephone: 0303 123 1113
You can find more information about the individual cookies we use and the purposes for which we use them in the table below:
|Strictly Necessary Cookies|
|cookielawinfo-checkbox-functionality-cookies||persistent||11 months||Imported Cookie|
|_gid||third party||2 years||Registers a unique ID that is used to generate statistical data on how the visitor uses the website.|
|_gat||third party||2 years||Used by Google Analytics to throttle request rate|
|_ga||third party||2 years||Registers a unique ID that is used to generate statistical data on how the visitor uses the website.|
|cookielawinfo-checkbox-for-gtm||persistent||11 months||Used to check if the user's browser supports cookies.|
|cookielawinfo-checkbox-functionality-cookies||persistent||11 months||Imported Cookie|
|cookielawinfo-checkbox-for-gtm||persistent||11 months||Imported Cookie|
|cookielawinfo-checkbox-analytical-cookies||persistent||11 months||Imported Cookie|
|cookielawinfo-checkbox-strictly-necessary-cookies||persistent||11 months||Imported Cookie|