PRIVACY NOTICES
PRIVACY NOTICE FOR DIRECTORS, SHAREHOLDERS AND OWNERS OF INSOLVENT BUSINESSES, INSOLVENT INDIVIDUALS & SOLVENT BUSINESSES IN MVL
PRIVACY NOTICE
1. PURPOSE OF THIS NOTICE
This notice describes how we collect and use personal data about you, in accordance with the General Data Protection Regulation (GDPR), the Data protection Act [1998 or 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’)
Please read the following carefully to understand our practices regarding your personal data and how we will treat it.
2. ABOUT US
LM Insolvency & Advisory Limited (‘LM Insolvency”, “we”, “us”, “our” and “ours”) is an insolvency firm. A company registered in England and Wales (company number 08328326) with registered office at 2 Cheapside, Derby DE1 1BR.
For the purpose of the Data Protection Legislation and this notice, where an insolvency practitioner of LM Insolvency & Advisory Limited is not appointed as office holder, the data controller is either the company / individual on whose instructions LM Insolvency & Advisory Limited is acting, or it is LM Insolvency & Advisory Limited. The contact details of LM Insolvency & Advisory Limited are: LM Insolvency & Advisory Limited, Cromford Creative, Cromford Mills, Mill Road, Derbyshire DE4 3RQ, Telephone 07972928153, email [email protected]
Where an insolvency practitioner of LM Insolvency & Advisory Limited is appointed office holder and the data processing is carried out as part of their duties, the office holder(s) are the data controller(s). The insolvency practitioner(s) can be contacted at: LM Insolvency & Advisory Limited are: LM Insolvency & Advisory Limited, Cromford Creative, Cromford Mills, Mill Road, Derbyshire DE4 3RQ, Telephone 07972928153, email [email protected]
3. HOW WE MAY COLLECT YOUR PERSONAL DATA
We obtain personal data about you, for example, when:
4. THE KIND OF INFORMATION WE HOLD ABOUT YOU
The information we hold about you may include the following.
In rare cases, we may hold, store and use some special category data, e.g.
5. HOW WE USE PERSONAL DATA WE HOLD ABOUT YOU
The purpose for which personal information is processed may include any of the following:
Please not 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.
Situations in which we will use your personal data
We may use your personal data in order to:
In some circumstances we may anonymise or pseudonymise the 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 knowledge or consent, in accordance with this notice, where we are legally required or permitted to do so.
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 if for the legitimate interests of all stakeholders in the insolvency process, as they are entitled to be kept informed and may wish to engage in the insolvency process.
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 assessing what retention period is appropriate for your personal data, we take into consideration:
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.
6. DATA SHARING
Why might you share my personal data with third parties?
We will share your personal data with third parties where we are required by law, or where it is necessary to administer the relationship between us or where we have another legitimate interest in doing so.
Which third-party service providers process my personal data?
“Third parties” include third-party service providers. 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 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 Smart Credit Limited t/a SmartSearch’s data processing activities.
We also employ the services of Evolve IS Ltd, an outsourced service provider for insolvency practitioners in respect redundancy claims. Any personal information received from evolve IS Ltd and provider to Evolve IS Ltd is processed for the purposes of processing employee’s redundancy claims. You can access Evolve IS Ltd’s privacy policy at https://evolveis.uk/privacy-policy/.
In addition, we employ SP Insolvency Limited t/a SP Insolvency, are pension specialists, employed to assist in dealing with any pension schemes, accordingly where we are appointed liquidators. You can access SP Insolvency’s privacy policy at https://evolveis.uk/privacy-policy/
The following activities are also commonly carried out by third-party service providers;
All of our third-party service are required to take commercially reasonable and appropriate security measures to protect your personal data.
What about other third parties?
We may share your personal data with other third parties, for example in the context of the possible sale or restricting of the business. We may also need to share your personal data with a regulator or to otherwise comply with the law.
7. TRANSFERRING PERSONAL DATA OUTSIDE THE EUROPEAN ECONOMIC AREA (EEA)
We will not transfer the personal data we collect about you outside of the EEA.
The exception is information provided through our website, which is hosted by Weebly inc.
Our Service is hosted by Weebly, Inc. (“Weebly”). Weebly provides us with the online platform that allows us to provide the Service to you. Your information, including Personal Information, may be stored through Weebly’s servers. By using the Service, you consent to Weebly’s collection, disclosure, storage, and use of your Personal Information in accordance with Weebly’s privacy policy available at https://www.weebly.com/privacy.
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 agents, contractors and other third parties who have a business to know
We have put in place procedures to deal with any suspected data security breach and will notify you 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:
If you want to exercise any of the above rights, please email our data protection point of contact at [email protected]
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 rights 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 have provided your consent to the collection, processing and transfer of your personal data for a specific purpose (for example, in relation to direct marketing that you have indicated you would like to receive from us), you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please email our data point of contact at [email protected]
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 privacy policy in the future will be provided to at https://:www.lminsolvency.co.uk/privacy-notice
This privacy notice was last updated on 1 May 2021
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 [email protected] or telephone 07972928153
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, website https://ico.org.uk/concerns
1. PURPOSE OF THIS NOTICE
This notice describes how we collect and use personal data about you, in accordance with the General Data Protection Regulation (GDPR), the Data protection Act [1998 or 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’)
Please read the following carefully to understand our practices regarding your personal data and how we will treat it.
2. ABOUT US
LM Insolvency & Advisory Limited (‘LM Insolvency”, “we”, “us”, “our” and “ours”) is an insolvency firm. A company registered in England and Wales (company number 08328326) with registered office at 2 Cheapside, Derby DE1 1BR.
For the purpose of the Data Protection Legislation and this notice, where an insolvency practitioner of LM Insolvency & Advisory Limited is not appointed as office holder, the data controller is either the company / individual on whose instructions LM Insolvency & Advisory Limited is acting, or it is LM Insolvency & Advisory Limited. The contact details of LM Insolvency & Advisory Limited are: LM Insolvency & Advisory Limited, Cromford Creative, Cromford Mills, Mill Road, Derbyshire DE4 3RQ, Telephone 07972928153, email [email protected]
Where an insolvency practitioner of LM Insolvency & Advisory Limited is appointed office holder and the data processing is carried out as part of their duties, the office holder(s) are the data controller(s). The insolvency practitioner(s) can be contacted at: LM Insolvency & Advisory Limited are: LM Insolvency & Advisory Limited, Cromford Creative, Cromford Mills, Mill Road, Derbyshire DE4 3RQ, Telephone 07972928153, email [email protected]
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;
- You instruct us to place your company into a formal insolvency process;
- You (or your employer or our clients) engages us to provide our services and also during the provision of those services;
- You contact us by email, telephone, post of our website (for example when you have a query about our services);
- From third parties and /or publicly available resources (for example your employer or from Companies House)
- You deliver up company records in an insolvency process
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, address, telephone number, email, title)
- Date of birth;
- Photo ID to confirm your identity;
- Gender;
- Martial status, co-habitees and dependents
- National Insurance number;
- Occupation and role within the insolvent business (or solvent in case of an MVL)
- Salary and wage details, together with details of other bonuses, dividends and financial benefits received from the insolvent business;
- Pension arrangements;
- Details of any valuable property or assets that you have acquired from the insolvent business;
- Details of any personal guarantees or indemnities you may have given in respect of the insolvent business’s liabilities;
- Any explanation you provide of the reasons for your business’s insolvency;
- Details of successor firms and your role within them;
- Details of contact we have had with you in relation to the provision, or the proposed provision of our services;
- Other Financial information;
- Details of any services you have received from us;
- Our correspondence and communication with you;
- Information about any complaints and enquiries you make to us
- Information we receive from other sources, such as publicly available information (e.g. on your company website, press or companies house)
In rare cases, we may hold, store and use some special category data, e.g.
- information about race, ethnicity, religious beliefs, sexual orientation and political opinions (only when you volunteer this information, or impacts on the insolvency process)
- trade union membership (only when you volunteer this information); or
- information about individuals’ health, which will be necessary to administer the insolvency process in line with our legal obligations.
- Information about criminal convictions and offences where these may be relevant to our investigations into the assets or liabilities of the insolvent business or circumstances leading up to its insolvency.
5. HOW WE USE PERSONAL DATA WE HOLD ABOUT YOU
The purpose for which personal information is processed may include any of the following:
- For the purpose necessary for the performance of our contract with you and to comply with our legal obligations
- Verify identity where this required
- Communications by post, email or telephone
- Understand needs and how they may be met
- Maintain records
- Process financial transactions
- To provide you with advice about possible restructuring solutions for your insolvent business;
- To fulfil the legal obligations placed upon an insolvency office Holder in administering the affairs of the insolvent business; for
- the purposes necessary for the performance of our contract with our clients. This may include processing your personal data where you are an employee, subcontractor, supplier or customer of our client
- 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.
- for certain additional purposes with your consent, and in these limited circumstances where your consent is required for the processing of your personal data then you have the right to withdraw your consent to processing for such specific purposes.
- Prevent and detect crime, fraud or corruption
- May also need to use data to defend or take legal actions related to the above.
Please not 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.
Situations in which we will use your personal data
We may use your personal data in order to:
- Carry out obligations arising from any agreements entered into between you (your employer or our clients) and us
- Carry out our obligations arising from any agreements entered into between our clients and us where you may be a subcontractor, supplier or customer of our client;
- Provide you with information related to our services and activities that you request from us or which we feel may interest you, provided you have consented to be contacted for such purposes
- Seek your thoughts and opinions on the services we provide; and
- Notify you about any changes to our services.
- To formulate any recommendations we may provide about the recovery solutions which may be available to your business
- Making a decision about the amount you may owe to or be owed by the insolvent business or solvent business in MVL);
- Making decision about what assets you may be required to return to the insolvent business;
- Selling or disposing of assets of the insolvent business or solvent business in MVL);
- When reporting periodically to the people the insolvent business (or solvent business in MVL) owes money to ;
- Liaising with any persons that have or may have had dealings with you which are relevant to the affairs of the business;
- Gathering evidence for possible legal proceedings;
- Reporting upon your conduct in relation to the insolvent business, as required by the Company Directors Disqualification Act 1986;
- To prevent fraud, money laundering or terrorist financing
In some circumstances we may anonymise or pseudonymise the 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 knowledge or consent, in accordance with this notice, where we are legally required or permitted to do so.
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 if for the legitimate interests of all stakeholders in the insolvency process, as they are entitled to be kept informed and may wish to engage in the insolvency process.
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 assessing what retention period is appropriate for your personal data, we take 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
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.
6. DATA SHARING
Why might you share my personal data with third parties?
We will share your personal data with third parties where we are required by law, or where it is necessary to administer the relationship between us or where we have another legitimate interest in doing so.
Which third-party service providers process my personal data?
“Third parties” include third-party service providers. 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 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 Smart Credit Limited t/a SmartSearch’s data processing activities.
We also employ the services of Evolve IS Ltd, an outsourced service provider for insolvency practitioners in respect redundancy claims. Any personal information received from evolve IS Ltd and provider to Evolve IS Ltd is processed for the purposes of processing employee’s redundancy claims. You can access Evolve IS Ltd’s privacy policy at https://evolveis.uk/privacy-policy/.
In addition, we employ SP Insolvency Limited t/a SP Insolvency, are pension specialists, employed to assist in dealing with any pension schemes, accordingly where we are appointed liquidators. You can access SP Insolvency’s privacy policy at https://evolveis.uk/privacy-policy/
The following activities are also commonly carried out by third-party service providers;
- Legal advice
- Debt collection
- Valuation services
- Asset uplift and sale at public auction
- Securing trading premises
All of our third-party service are required to take commercially reasonable and appropriate security measures to protect your personal data.
What about other third parties?
We may share your personal data with other third parties, for example in the context of the possible sale or restricting of the business. We may also need to share your personal data with a regulator or to otherwise comply with the law.
7. TRANSFERRING PERSONAL DATA OUTSIDE THE EUROPEAN ECONOMIC AREA (EEA)
We will not transfer the personal data we collect about you outside of the EEA.
The exception is information provided through our website, which is hosted by Weebly inc.
Our Service is hosted by Weebly, Inc. (“Weebly”). Weebly provides us with the online platform that allows us to provide the Service to you. Your information, including Personal Information, may be stored through Weebly’s servers. By using the Service, you consent to Weebly’s collection, disclosure, storage, and use of your Personal Information in accordance with Weebly’s privacy policy available at https://www.weebly.com/privacy.
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 agents, contractors and other third parties who have a business to know
We have put in place procedures to deal with any suspected data security breach and will notify you 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:
- 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 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 email our data protection point of contact at [email protected]
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 rights 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 have provided your consent to the collection, processing and transfer of your personal data for a specific purpose (for example, in relation to direct marketing that you have indicated you would like to receive from us), you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please email our data point of contact at [email protected]
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 privacy policy in the future will be provided to at https://:www.lminsolvency.co.uk/privacy-notice
This privacy notice was last updated on 1 May 2021
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 [email protected] or telephone 07972928153
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, website https://ico.org.uk/concerns
PRIVACY NOTICE FOR OTHER STAKEHOLDERS OF INSOLVENT BUSINESSES OR INDIVIDUALS INCLUDING CREDITORS, EMPLOYEES, DEBTORS, AND INTERESTED PARTIES
PRIVACY NOTICE
1. PURPOSE OF THIS NOTICE
This notice describes how we collect and use personal data about you, in accordance with the General Data Protection Regulation (GDPR), the Data protection Act [1998 or 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’)
Please read the following carefully to understand our practices regarding your personal data and how we will treat it.
2. ABOUT US
LM Insolvency & Advisory Limited (‘LM Insolvency”, “we”, “us”, “our” and “ours”) is an insolvency firm. A company registered in England and Wales (company number 08328326) with registered office at 2 Cheapside, Derby DE1 1BR
For the purpose of the Data Protection Legislation and this notice, where an insolvency practitioner of LM Insolvency & Advisory Limited is not appointed as office holder, the data controller is either the company / individual on whose instructions LM Insolvency & Advisory Limited is acting, or it is LM Insolvency & Advisory Limited. The contact details of LM Insolvency & Advisory Limited are: LM Insolvency & Advisory Limited, Cromford Creative, Cromford Mills, Mill Road, Derbyshire DE4 3RQ, Telephone 07972928153, email [email protected]
Where an insolvency practitioner of LM Insolvency & Advisory Limited is appointed office holder and the data processing is carried out as part of their duties, the office holder(s) are the data controller(s). The insolvency practitioner(s) can be contacted at: LM Insolvency & Advisory Limited are: LM Insolvency & Advisory Limited, Cromford Creative, Cromford Mills, Mill Road, Derbyshire DE4 3RQ, Telephone 07972928153, email [email protected]
3. HOW WE MAY COLLECT YOUR PERSONAL DATA
We obtain personal data about you, for example, when:
4. THE KIND OF INFORMATION WE HOLD ABOUT YOU
The information we hold about you may include the following.
In rare cases, we may hold, store and use some special category data, e.g.
5. HOW WE USE PERSONAL DATA WE HOLD ABOUT YOU
The purpose for which personal information is processed may include any of the following:
Please not 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.
Situations in which we will use your personal data
We may use your personal data in order to:
In some circumstances we may anonymise or pseudonymise the 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 knowledge or consent, in accordance with this notice, where we are legally required or permitted to do so.
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 if for the legitimate interests of all stakeholders in the insolvency process, as they are entitled to be kept informed and may wish to engage in the insolvency process.
For interested parties the processing is most likely to be for legitimate interests, having expressed an interest in the company and/or assets of the company and is to provide you with opportunity to acquire such assets.
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 assessing what retention period is appropriate for your personal data, we take into consideration:
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.
6. DATA SHARING
Why might you share my personal data with third parties?
We will share your personal data with third parties where we are required by law, or where it is necessary to administer the relationship between us or where we have another legitimate interest in doing so.
Which third-party service providers process my personal data?
“Third parties” include third-party service providers. Personal data held by us may be transferred to:
We also employ the services of Evolve IS Ltd, an outsourced service provider for insolvency practitioners in respect redundancy claims. Any personal information received from evolve IS Ltd and provider to Evolve IS Ltd is processed for the purposes of processing employee’s redundancy claims. You can access Evolve IS Ltd’s privacy policy at https://evolveis.uk/privacy-policy/.
In addition, we employ SP Insolvency Limited t/a SP Insolvency, are pension specialists, employed to assist in dealing with any pension schemes, accordingly where we are appointed liquidators. You can access SP Insolvency’s privacy policy at https://evolveis.uk/privacy-policy/
The following activities are also commonly carried out by third-party service providers;
All of our third-party service are required to take commercially reasonable and appropriate security measures to protect your personal data.
What about other third parties?
We may share your personal data with other third parties, for example in the context of the possible sale or restricting of the business. We may also need to share your personal data with a regulator or to otherwise comply with the law.
7. TRANSFERRING PERSONAL DATA OUTSIDE THE EUROPEAN ECONOMIC AREA (EEA)
We will not transfer the personal data we collect about you outside of the EEA.
The exception is information provided through our website, which is hosted by Weebly inc.
Our Service is hosted by Weebly, Inc. (“Weebly”). Weebly provides us with the online platform that allows us to provide the Service to you. Your information, including Personal Information, may be stored through Weebly’s servers. By using the Service, you consent to Weebly’s collection, disclosure, storage, and use of your Personal Information in accordance with Weebly’s privacy policy available at https://www.weebly.com/privacy.
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 agents, contractors and other third parties who have a business to know
We have put in place procedures to deal with any suspected data security breach and will notify you 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:
If you want to exercise any of the above rights, please email our data protection point of contact at [email protected]
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 rights 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 have provided your consent to the collection, processing and transfer of your personal data for a specific purpose (for example, in relation to direct marketing that you have indicated you would like to receive from us), you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please email our data point of contact at [email protected]
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 privacy policy in the future will be provided to at https://:www.lminsolvency.co.uk/privacy-notice
This privacy notice was last updated on 1 May 2021
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 [email protected] or telephone 07972928153
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, website https://ico.org.uk/concerns
1. PURPOSE OF THIS NOTICE
This notice describes how we collect and use personal data about you, in accordance with the General Data Protection Regulation (GDPR), the Data protection Act [1998 or 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’)
Please read the following carefully to understand our practices regarding your personal data and how we will treat it.
2. ABOUT US
LM Insolvency & Advisory Limited (‘LM Insolvency”, “we”, “us”, “our” and “ours”) is an insolvency firm. A company registered in England and Wales (company number 08328326) with registered office at 2 Cheapside, Derby DE1 1BR
For the purpose of the Data Protection Legislation and this notice, where an insolvency practitioner of LM Insolvency & Advisory Limited is not appointed as office holder, the data controller is either the company / individual on whose instructions LM Insolvency & Advisory Limited is acting, or it is LM Insolvency & Advisory Limited. The contact details of LM Insolvency & Advisory Limited are: LM Insolvency & Advisory Limited, Cromford Creative, Cromford Mills, Mill Road, Derbyshire DE4 3RQ, Telephone 07972928153, email [email protected]
Where an insolvency practitioner of LM Insolvency & Advisory Limited is appointed office holder and the data processing is carried out as part of their duties, the office holder(s) are the data controller(s). The insolvency practitioner(s) can be contacted at: LM Insolvency & Advisory Limited are: LM Insolvency & Advisory Limited, Cromford Creative, Cromford Mills, Mill Road, Derbyshire DE4 3RQ, Telephone 07972928153, email [email protected]
3. HOW WE MAY COLLECT YOUR PERSONAL DATA
We obtain personal data about you, for example, when:
- we provide advice to an individual or business about its financial difficulties (they will be asked to provide information in order that we get a full picture of their circumstances)
- an individual or business is subject to formal insolvency proceedings
- stakeholders of an insolvent business provide information during the course of administering the affairs of the insolvent business;
- You (or your employer or our clients) engages us to provide our services and also during the provision of those services;
- You contact us by email, telephone, post of our website (for example when you have a query about our services);
- From third parties and /or publicly available resources (for example your employer or from Companies House)
- Company books and records of an insolvent business are collected / delivered to us (as office holder we will not generally be a Data Controller of it, but will be acting as agent on behalf of the business, but may be subject to a duty of confidentiality and at all times act lawfully in relation to this data).
4. THE KIND OF INFORMATION WE HOLD ABOUT YOU
The information we hold about you may include the following.
- For Creditors If you are owed money as an individual, we need to know your name, address, contact email, and confirmation of the amount you are owed. This is so that we can contact you with notification about the case and provide you with an opportunity to exercise your rights, as a creditor in an insolvency. It is unlikely we will hold any other personal information about you.
- For Debtors If you are a customer of a business that is insolvent and haven’t paid for the product or service you received, it is likely that we will hold details of your name, address, contact email and confirmation of the amount you owed to the insolvent business. We need this information so that we can collect any amounts that are due to the business. It is unlikely we will hold any other personal information about you.
- For Employees If you were employed by a business that has become insolvent, the insolvency office holder has responsibilities in relation to money that the business owes you and terminating your employment. We are likely to be processing the following information:
- Your personal details (such as your name, address, telephone number, email, title)
- Date of birth;
- Photo ID to confirm your identity;
- Gender;
- National Insurance number;
- Occupation and role within the insolvent business (or solvent in case of an MVL)
- Salary and wage details, together with details of other bonuses, dividends and financial benefits received from the insolvent business;
- Pension arrangements;
- Record of your holiday entitlement and other absence information
- Details of any valuable property or assets that you have acquired from the insolvent business;
- Our correspondence and communication with you;
- Information about any complaints and enquiries you make to us
In rare cases, we may hold, store and use some special category data, e.g.
- information about race, ethnicity, religious beliefs, sexual orientation and political opinions (only when you volunteer this information, or impacts on the insolvency process)
- trade union membership (only when you volunteer this information); or
- information about individuals’ health, which may form part of your sick pay.
- For Interested parties Where an insolvency practitioner of LM Insolvency is office holder we often have the business and/or assets of the insolvent entity for sale. As such we may collect, use and store information such as:
- Contact details (including name, company, address, telephone number, email)
- The nature of assets you are interested in purchasing
- The funds available for purchasing assets and the source of funds
- The timescales in which you can operate
- Other Financial information;
- Details of any previous transactions
- Details of any connection with the insolvent business or individual
- Any previous interest you may have had in the insolvent business or individuals assets, or expressed to the owners of the insolvent business or individual
- Our correspondence and communication with you;
- Information about any complaints and enquiries you make to us
- Photo ID where required
- Information we receive from other sources, such as publicly available information (e.g. on your company website, press or companies house)
- To fulfil the legal obligations placed upon an insolvency office Holder in administering the affairs of the insolvent business;
- for certain additional purposes with your consent, and in these limited circumstances where your consent is required for the processing of your personal data then you have the right to withdraw your consent to processing for such specific purposes.
- Prevent and detect crime, fraud or corruption
- May also need to use data to defend or take legal actions related to the above.
- For Other Stakeholders Where an insolvency practitioner of LM Insolvency is office holder, we will interact with various parties in the course of our investigations into and administration of the affairs of the insolvent entity (or solvent business in the case of an MVL, or affairs of an individual in IVA). As a result we may collect, use and store information such as;
- Share ownership information
- Contents of wills
- Beneficiaries under assurance and insurance policies
- Vehicle ownership details
- The spouses, co-habitees and dependents of insolvent individuals and their financial contribution to shared expenditure
- Details of parties jointly liable for any debts owed by the insolvent entity
- Any other information that is relevant to the assets, liabilities of cause of failure of the insolvent entity;
- Details of connected parties, and associated companies of the insolvent entity (business or individual) and transactions between the two
- Our correspondence and communication with you;
- Information about any complaints and enquiries you make to us
- Information we receive from other sources, such as publicly available information (e.g. on your company website, press or companies house)
- To fulfil the legal obligations placed upon an insolvency office Holder in administering the affairs of the insolvent business;
- for certain additional purposes with your consent, and in these limited circumstances where your consent is required for the processing of your personal data then you have the right to withdraw your consent to processing for such specific purposes.
- Prevent and detect crime, fraud or corruption
- May also need to use data to defend or take legal actions related to the above.
5. HOW WE USE PERSONAL DATA WE HOLD ABOUT YOU
The purpose for which personal information is processed may include any of the following:
- To notify you of your rights as accreditor or former employee
- To assess the amounts you claim to be owed by an insolvent entity, individual (or solvent company in an MVL)
- To recover money that you owe to an insolvent entity, individual (or solvent company in an MVL)
- To carry out our out our duty as an office holder to investigate the affairs of an insolvent business
- When reporting upon directors’ conduct in relation to the insolvent business, as required by the Company Directors Disqualification Act 1986
- When selling or otherwise disposing of assets
- comply with our legal obligations
- Verify identity where this is required
- Communications by post, email or telephone
- Understand needs and how they may be met
- Maintain records
- Process financial transactions
- To fulfil the legal obligations placed upon an insolvency office Holder in administering the affairs of the insolvent business;
- for the purposes necessary for the performance of our contract with our clients. This may include processing your personal data where you are an employee, subcontractor, supplier or customer of our client
- 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.
- for certain additional purposes with your consent, and in these limited circumstances where your consent is required for the processing of your personal data then you have the right to withdraw your consent to processing for such specific purposes.
- Prevent and detect crime, fraud or corruption
- May also need to use data to defend or take legal actions related to the above.
Please not 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.
Situations in which we will use your personal data
We may use your personal data in order to:
- Carry out obligations arising from any agreements entered into between you (your employer or our clients) and us
- Carry out our obligations arising from any agreements entered into between our clients and us where you may be a subcontractor, supplier or customer of our client;
- Provide you with information related to our services and activities that you request from us or which we feel may interest you, provided you have consented to be contacted for such purposes
- Seek your thoughts and opinions on the services we provide; and
- Notify you about any changes to our services.
- To formulate any recommendations we may provide about the recovery solutions which may be available to your business
- Making a decision about the amount you may owe to or be owed by the insolvent business or solvent business in MVL);
- Making decision about what assets you may be required to return to the insolvent business;
- Selling or disposing of assets of the insolvent business or solvent business in MVL);
- When reporting periodically to the people the insolvent business (or solvent business in MVL) owes money to ;
- Liaising with any persons that have or may have had dealings with you which are relevant to the affairs of the business;
- Gathering evidence for possible legal proceedings;
- Reporting upon your conduct in relation to the insolvent business, as required by the Company Directors Disqualification Act 1986;
- To prevent fraud, money laundering or terrorist financing
In some circumstances we may anonymise or pseudonymise the 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 knowledge or consent, in accordance with this notice, where we are legally required or permitted to do so.
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 if for the legitimate interests of all stakeholders in the insolvency process, as they are entitled to be kept informed and may wish to engage in the insolvency process.
For interested parties the processing is most likely to be for legitimate interests, having expressed an interest in the company and/or assets of the company and is to provide you with opportunity to acquire such assets.
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 assessing what retention period is appropriate for your personal data, we take 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
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.
6. DATA SHARING
Why might you share my personal data with third parties?
We will share your personal data with third parties where we are required by law, or where it is necessary to administer the relationship between us or where we have another legitimate interest in doing so.
Which third-party service providers process my personal data?
“Third parties” include third-party service providers. Personal data held by us may be transferred to:
We also employ the services of Evolve IS Ltd, an outsourced service provider for insolvency practitioners in respect redundancy claims. Any personal information received from evolve IS Ltd and provider to Evolve IS Ltd is processed for the purposes of processing employee’s redundancy claims. You can access Evolve IS Ltd’s privacy policy at https://evolveis.uk/privacy-policy/.
In addition, we employ SP Insolvency Limited t/a SP Insolvency, are pension specialists, employed to assist in dealing with any pension schemes, accordingly where we are appointed liquidators. You can access SP Insolvency’s privacy policy at https://evolveis.uk/privacy-policy/
The following activities are also commonly carried out by third-party service providers;
- Legal advice
- Debt collection
- Valuation services
- Asset uplift and sale at public auction
- Securing trading premises
All of our third-party service are required to take commercially reasonable and appropriate security measures to protect your personal data.
What about other third parties?
We may share your personal data with other third parties, for example in the context of the possible sale or restricting of the business. We may also need to share your personal data with a regulator or to otherwise comply with the law.
7. TRANSFERRING PERSONAL DATA OUTSIDE THE EUROPEAN ECONOMIC AREA (EEA)
We will not transfer the personal data we collect about you outside of the EEA.
The exception is information provided through our website, which is hosted by Weebly inc.
Our Service is hosted by Weebly, Inc. (“Weebly”). Weebly provides us with the online platform that allows us to provide the Service to you. Your information, including Personal Information, may be stored through Weebly’s servers. By using the Service, you consent to Weebly’s collection, disclosure, storage, and use of your Personal Information in accordance with Weebly’s privacy policy available at https://www.weebly.com/privacy.
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 agents, contractors and other third parties who have a business to know
We have put in place procedures to deal with any suspected data security breach and will notify you 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:
- 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 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 email our data protection point of contact at [email protected]
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 rights 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 have provided your consent to the collection, processing and transfer of your personal data for a specific purpose (for example, in relation to direct marketing that you have indicated you would like to receive from us), you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please email our data point of contact at [email protected]
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 privacy policy in the future will be provided to at https://:www.lminsolvency.co.uk/privacy-notice
This privacy notice was last updated on 1 May 2021
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 [email protected] or telephone 07972928153
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, website https://ico.org.uk/concerns
PRIVACY NOTICE FOR BUSINESS CONTACTS
PRIVACY NOTICE
1. PURPOSE OF THIS NOTICE
This notice describes how we collect and use personal data about you, in accordance with the General Data Protection Regulation (GDPR), the Data protection Act [1998 or 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’)
Please read the following carefully to understand our practices regarding your personal data and how we will treat it.
2. ABOUT US
LM Insolvency & Advisory Limited (‘LM Insolvency”, “we”, “us”, “our” and “ours”) is an insolvency firm. A company registered in England and Wales (company number 08328326) with registered office at 2 Cheapside, Derby DE1 1BR.
For the purpose of the Data Protection Legislation and this notice, where an insolvency practitioner of LM Insolvency & Advisory Limited is not appointed as office holder, the data controller is either the company / individual on whose instructions LM Insolvency & Advisory Limited is acting, or it is LM Insolvency & Advisory Limited. The contact details of LM Insolvency & Advisory Limited are: LM Insolvency & Advisory Limited, Cromford Creative, Cromford Mills, Mill Road, Derbyshire DE4 3RQ, Telephone 07972928153, email [email protected]
Where an insolvency practitioner of LM Insolvency & Advisory Limited is appointed office holder and the data processing is carried out as part of their duties, the office holder(s) are the data controller(s). The insolvency practitioner(s) can be contacted at: LM Insolvency & Advisory Limited are: LM Insolvency & Advisory Limited, Cromford Creative, Cromford Mills, Mill Road, Derbyshire DE4 3RQ, Telephone 07972928153, email [email protected]
3. HOW WE MAY COLLECT YOUR PERSONAL DATA
We obtain personal data about you, for example, when:
4. THE KIND OF INFORMATION WE HOLD ABOUT YOU
The information we hold about you may include the following.
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.
5. HOW WE USE PERSONAL DATA WE HOLD ABOUT YOU
The purpose for which personal information is processed may include any of the following:
Please not 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.
Situations in which we will use your personal data
We may use your personal data in order to:
In some circumstances we may anonymise or pseudonymise the 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 knowledge or consent, in accordance with this notice, where we are legally required or permitted to do so.
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 if for the legitimate interests of business contacts, to work on specific areas of an insolvency process, and /or to be kept informed of the services and products we offer that may be of interest to you or your clients
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 assessing what retention period is appropriate for your personal data, we take into consideration:
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.
6. DATA SHARING
Why might you share my personal data with third parties?
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.
Which third-party service providers process my personal data?
“Third parties” include third-party service providers.
The following activities are also commonly carried out by third-party service providers;
All of our third-party service are required to take commercially reasonable and appropriate security measures to protect your personal data.
What about other third parties?
We may share your personal data with other third parties, for example in the context of the possible sale or restricting of the business. We may also need to share your personal data with a regulator or to otherwise comply with the law.
7. TRANSFERRING PERSONAL DATA OUTSIDE THE EUROPEAN ECONOMIC AREA (EEA)
We will not transfer the personal data we collect about you outside of the EEA.
The exception is information provided through our website, which is hosted by Weebly inc.
Our Service is hosted by Weebly, Inc. (“Weebly”). Weebly provides us with the online platform that allows us to provide the Service to you. Your information, including Personal Information, may be stored through Weebly’s servers. By using the Service, you consent to Weebly’s collection, disclosure, storage, and use of your Personal Information in accordance with Weebly’s privacy policy available at https://www.weebly.com/privacy.
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 agents, contractors and other third parties who have a business to know
We have put in place procedures to deal with any suspected data security breach and will notify you 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:
If you want to exercise any of the above rights, please email our data protection point of contact at [email protected]
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 rights 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 have provided your consent to the collection, processing and transfer of your personal data for a specific purpose (for example, in relation to direct marketing that you have indicated you would like to receive from us), you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please email our data point of contact at [email protected]
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 privacy policy in the future will be provided to at https://:www.lminsolvency.co.uk/privacy-notice
This privacy notice was last updated on 1 May 2021
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 [email protected] or telephone 07972928153
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, website https://ico.org.uk/concerns
1. PURPOSE OF THIS NOTICE
This notice describes how we collect and use personal data about you, in accordance with the General Data Protection Regulation (GDPR), the Data protection Act [1998 or 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’)
Please read the following carefully to understand our practices regarding your personal data and how we will treat it.
2. ABOUT US
LM Insolvency & Advisory Limited (‘LM Insolvency”, “we”, “us”, “our” and “ours”) is an insolvency firm. A company registered in England and Wales (company number 08328326) with registered office at 2 Cheapside, Derby DE1 1BR.
For the purpose of the Data Protection Legislation and this notice, where an insolvency practitioner of LM Insolvency & Advisory Limited is not appointed as office holder, the data controller is either the company / individual on whose instructions LM Insolvency & Advisory Limited is acting, or it is LM Insolvency & Advisory Limited. The contact details of LM Insolvency & Advisory Limited are: LM Insolvency & Advisory Limited, Cromford Creative, Cromford Mills, Mill Road, Derbyshire DE4 3RQ, Telephone 07972928153, email [email protected]
Where an insolvency practitioner of LM Insolvency & Advisory Limited is appointed office holder and the data processing is carried out as part of their duties, the office holder(s) are the data controller(s). The insolvency practitioner(s) can be contacted at: LM Insolvency & Advisory Limited are: LM Insolvency & Advisory Limited, Cromford Creative, Cromford Mills, Mill Road, Derbyshire DE4 3RQ, Telephone 07972928153, email [email protected]
3. HOW WE MAY COLLECT YOUR PERSONAL DATA
We obtain personal data about you, for example, when:
- You contact us by email, telephone, post of our website (for example when you have a query about our services);
- Through contacting on networks such as LinkedIn
- From third parties and /or publicly available resources (for example your employer or from Companies House)
- From a client that has used your services in the past
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, address, telephone number, email, title)
- Details of contact we have had with you in relation to the provision, or the proposed provision of our services;
- Financial information
- Details of any services you have received from us, and services we have received from you;
- Our correspondence and communication with you;
- Information about any complaints and enquiries you make to us
- Information we receive from other sources, such as publicly available information (e.g. on your company website, press or companies house)
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.
5. HOW WE USE PERSONAL DATA WE HOLD ABOUT YOU
The purpose for which personal information is processed may include any of the following:
- For the purpose necessary for the performance of our contract with you and to comply with our legal obligations
- To provide you with information about our relevant products and services;
- Communications by post, email or telephone
- Understand needs and how they may be met
- Maintain records
- Process financial transactions
- for the purposes necessary for the performance of our contract with our clients. This may include processing your personal data where you are an employee, subcontractor, supplier or customer of our client
- 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.
- for certain additional purposes with your consent, and in these limited circumstances where your consent is required for the processing of your personal data then you have the right to withdraw your consent to processing for such specific purposes.
- Prevent and detect crime, fraud or corruption
- May also need to use data to defend or take legal actions related to the above.
Please not 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.
Situations in which we will use your personal data
We may use your personal data in order to:
- Carry out our obligations arising from any agreements entered into between our clients and us where you may be a subcontractor, supplier or customer of our client;
- To carry out our legal duties in an insolvency process;
- To instruct you to carry out services on an insolvency appointment;
- Making a decision about the amount you may owe to or be owed by the insolvent business or solvent business in MVL);
- Provide you with information related to our services and activities that you request from us or which we feel may interest you, provided you have consented to be contacted for such purposes
- Seek your thoughts and opinions on the services we provide; and
- Notify you about any changes to our services.
- Gathering evidence for possible legal proceedings;
- Reporting upon your conduct in relation to the insolvent business, as required by the Company Directors Disqualification Act 1986;
- To prevent fraud, money laundering or terrorist financing
In some circumstances we may anonymise or pseudonymise the 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 knowledge or consent, in accordance with this notice, where we are legally required or permitted to do so.
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 if for the legitimate interests of business contacts, to work on specific areas of an insolvency process, and /or to be kept informed of the services and products we offer that may be of interest to you or your clients
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 assessing what retention period is appropriate for your personal data, we take 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
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.
6. DATA SHARING
Why might you share my personal data with third parties?
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.
Which third-party service providers process my personal data?
“Third parties” include third-party service providers.
The following activities are also commonly carried out by third-party service providers;
- Legal advice
- Debt collection
- Valuation services
- Asset uplift and sale at public auction
- Securing trading premises
All of our third-party service are required to take commercially reasonable and appropriate security measures to protect your personal data.
What about other third parties?
We may share your personal data with other third parties, for example in the context of the possible sale or restricting of the business. We may also need to share your personal data with a regulator or to otherwise comply with the law.
7. TRANSFERRING PERSONAL DATA OUTSIDE THE EUROPEAN ECONOMIC AREA (EEA)
We will not transfer the personal data we collect about you outside of the EEA.
The exception is information provided through our website, which is hosted by Weebly inc.
Our Service is hosted by Weebly, Inc. (“Weebly”). Weebly provides us with the online platform that allows us to provide the Service to you. Your information, including Personal Information, may be stored through Weebly’s servers. By using the Service, you consent to Weebly’s collection, disclosure, storage, and use of your Personal Information in accordance with Weebly’s privacy policy available at https://www.weebly.com/privacy.
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 agents, contractors and other third parties who have a business to know
We have put in place procedures to deal with any suspected data security breach and will notify you 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:
- 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 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 email our data protection point of contact at [email protected]
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 rights 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 have provided your consent to the collection, processing and transfer of your personal data for a specific purpose (for example, in relation to direct marketing that you have indicated you would like to receive from us), you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please email our data point of contact at [email protected]
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 privacy policy in the future will be provided to at https://:www.lminsolvency.co.uk/privacy-notice
This privacy notice was last updated on 1 May 2021
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 [email protected] or telephone 07972928153
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, website https://ico.org.uk/concerns