Data Protection

Introduction

Insolvency Wise is a trading style of Engage Professional Services Ltd and we are committed to ensuring that your privacy is protected. This privacy policy explains how we use the information we collect about you, the procedures we have in place to safeguard your data and how you can instruct us if you prefer to limit the use of that information.

The policy will apply to you if you provide your personal information to us, even if you decide not to go ahead with any product or service we offer. It is also used by associated or subsidiary undertakings and affiliates of engage Professional Services Ltd which control and make use of any visitor information collected via this site. Within this privacy policy, we have set out how these companies will use your personal data to provide their product or service to you.

By visiting this website, and if you choose to submit information, you agree to the use of such data in accordance with the terms set out in this privacy statement.  Please be aware that this site contains links to other sites, including sites maintained by other associated members of Engage Professional Services Ltd, which may not be governed by this privacy statement, and you should therefore check the Privacy Policies of those sites.

Data Protection Controller and Contact Details

Engage Professional Services Ltd is a ‘Data Controller’ which means we are required to advise you how your information is held and used in relation to relevant data protection laws.  Questions and queries about this privacy policy and or about or how we as an organisation use your personal data can be sent to our information security manager by email at: dataprotection@insolvencywise.com.

The collection of information

You can choose whether or not to submit personal information to this Website and you can use the site without submitting any personal information. The site collects and stores personally identifiable information that is specifically and voluntarily provided by visitors. 

Personal data held relates to general employee information to enable us to calculate redundancy entitlements and claims, creditor and shareholder information to enable creditors to claim in the respective estates, to receive information regarding the progress of an assignment and to receive dividends, and debtor information to ensure that funds due to the insolvent organisation can be collected.

In addition, data is held in relation to individuals subject to an insolvency process. Such information is held in our general assignment files, retained in paper form and electronically.

Information we may collect from you

The information we collect and process may consist of, but is not limited to the following:

• Your contact details including your name, personal address, business address, email address, telephone number. We do not collect such personal information without your knowledge. This information is broadly termed as ‘personal data’ or ‘personal information’. If you choose to supply personal information either through the website or by other means such a telephone of video call, we will collect, use, share and store this personal data.
• Information that you provide by filling in forms on this website. This includes information provided at the time of submitting an enquiry through our site. We may also ask you for information and when you report a problem with our site.
• Information you provide through our online account system.
• If you contact us, we may keep a record of that correspondence. Should you contact us to discuss seeking our advice and/or services, we will keep a record of the advice/service that you require, the circumstances giving rise to your call, your contact details and a record of the enquiry.
• If you download documents from our site, details of the documents that you have downloaded.
• Details of your visits to our site including, but not limited to traffic data, location data, weblogs and other communication data and the resources that you access.
• We will collect further information if you contact us with comments or specific requests which may include requests to be contacted for marketing purposes or by social media in which case, in addition to the data set out above, we may also hold, use, share and store marketing preferences, payment details, event attendances, usernames, engagement details, likes, retweets, shares, reactions, comments.
• We do not usually seek sensitive information (e.g., data relating to race or ethnic origin, religious beliefs, criminal record, physical or mental health, or sexual orientation) from you. We will, where necessary, obtain your explicit consent to collect and use such information.

Where personal and financial information relating to another person or your partner is supplied by you, you confirm that you have their consent or are otherwise entitled to provide this information to us and for us to use it.

For training and compliance purposes, any calls with us may be recorded.  Where calls are recorded you will be advised of this at the outset of the call.  Details of any call will be monitored and recorded.  Such details will include (but not be limited to) the caller identification telephone number, the number called, the time, date and duration of the call and the nature of the call (please note that call monitoring excludes the actual call recording).

Data Retention

We collect paper and electronic records from the entity and other third parties. Such records are held for the purpose of investigation, to properly administer the assignment and is therefore held for a legal purpose.

We will only retain your personal data for as long as is necessary to fulfil the purposes for which it is collected in line with statutory and professional rules of retention.  In the majority of instances, the period for retaining your personal data shall be 6 years from the date of closure of contact which you may have with us.  In the event that the basis on which we are holding your personal information requires this information to be kept for a reduced period of time then it shall be retained in accordance with our retention policies in place from time to time.  Examples of this include:

• Marketing information – the retention period shall be the period of our relationship with you and for a period of 6 years afterwards.
• Social media information – for a period during which we are connected with you on any given social media platform.
• Client matters (including where you are taken on as a client and have an engagement for services with us) – 6 years from the date on which the matter has been closed or has ended.
• Information required by law when commencing a client engagement – period of 6 years from the date on which the relevant matter has ended.

Data subjects access to information

We are committed to providing reasonable access to visitors who wish to review their personal information retained.  We will treat requests to access information or change information in accordance with applicable legal requirements. 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. Please contact dataprotection@insolvencywise.com. should you wish to access your personal information.

Under certain circumstances, by law, you have the right to:

1. Request access to your personal information as stated above;
2. Request correction of any personal information that we hold about you. We have an obligation to ensure that the information we hold about you is complete and accurate;
3. Right to deletion – you have a right to ask us to delete or remove personal information where there is no good reason for us to continue to hold/process it;
4. Object to processing – you can object to the processing of your personal information (where we are relying on a legitimate interest or those of a third party) and remove your right to consent in certain circumstances;
5. 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;
6. Request for transfer – you may request for your data to be transferred to another party and/or put in place a restriction on the processing of such data;
7. Withdrawal to consent – where you have provided your consent to the collection, processing and transfer of your personal information for a specific purpose you have the right to withdraw your consent for that specific processing.

We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.

If you consider any information that we hold about you to be incorrect or incomplete, or wish us to remove any such data, you should write to us or email us at dataprotection@insolvencywise.com with your request.

Data Processors

We may use data processors to assist in our operations. Processor relationships are assessed upon commencement of contractual relationships and confirmation is requested that the processor complies with data protection legislation.

Neither we or any of our processors will sell your data, except where allowed to do so as part of a sale of a company or business and under contractual arrangements requiring that your data is kept safe and in compliance with data protection legislation.

Information Security

We take the security of all the data we hold seriously. Staff are trained on data protection, confidentiality and security, and we maintain a culture of confidentiality.

We have in place reasonable commercial standards of technology and operational security to protect all information provided by visitors from loss, misuse, alteration or destruction. We have a framework of policies and procedures which ensure that we keep the data we hold secure.

Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask that you do not share your password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

Information Use

We will only use any personal information which you supply to us through this website or on the telephone in accordance with the law.  The law states that we must identify the purpose and basis upon which we use your personal data.  We rely on a number of lawful basis for processing your personal data:-

• Where you have given your informed, unambiguous and specific consent;
• Where we need to comply with a lawful obligation;
• Where we need to perform a contract that we have entered into with you; and
• Where it is necessary for us to use your personal information to pursue our legitimate interests (or those of a third party).

We will use your information to comply with our lawful obligations to prevent and detect fraud, money laundering and other crimes, carry out regulatory checks and meet our obligations to any relevant regulatory authority; to assist us in providing our services to you; and to improve and develop our services to you and other customers; and to market to you and we may periodically send promotional emails about new services or other information which we think you may find of interest, using the information you have provided and we will ensure that any such marketing activities comply with applicable law, as well as ensuring that we implement procedures to obtain necessary consents before sending you emails containing information about Insolvency Wise and its service offerings so that we can pursue our legitimate interest in creating lasting relationships with our clients.  You may at any time request that we discontinue sending you such materials.

In relation to the website and social media platforms only, the personal identifying information you submit is used to process your enquiry and the information gathered from telephone calls allows us to track the source of the call.  The cookies information is used pursuant to your consent and to pursue our legitimate interest and to help us understand more about how our website is used and to improve our site.

Disclosure of Information to Third Parties

Although we may provide visitors’ information to service providers who handle information on our behalf, we will usually not share the information with third parties or other Engage Professional Services Ltd entities for secondary or unrelated purposes unless otherwise disclosed at the point of collection.

Examples of where your personal information will be supplied to third parties are circumstances where we would need to engage those third parties to provide public relations and marketing, IT support, document management systems, case management systems, printing, reprographic support, event hosting, email marketing management systems and market insight services.  In these scenarios all third parties will be required to take appropriate security measures to protect your personal information in line with our engagement with them and in accordance with the laws.  We do not allow third parties to use your personal data for their own purposes.

Where appropriate, personal information may be disclosed to law enforcement, regulatory or other government agencies or third parties where necessary or desirable to comply with legal or regulatory obligations or requests or for the purposes identified above.

In cases where legislation requires us to carry out an identification check, we will validate your name, address and other personal information supplied by you against an appropriate third party database.  You should advise us if you do not consent to such a check being made.  In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information.  The checks are only to confirm your identity.  A credit check is not performed and your credit rating will be not be affected.

Cookies

As part of the effective management of our Website and efficient navigation within the site, we or our service providers may use cookies (small text files stored in a user’s browser) to collect aggregate data.  We may use such devices to track information on our systems and identify categories of visitors by items such as IP address, domain, browser type and pages visited.  This information is reported to our website administrator who uses the information to analyse the number of visitors to different areas of the site and to make sure that our website is serving as a useful, effective information source.

Cookies do not collect personal information such as your name or email address. Cookies can be rejected, however, under specific circumstances visitors may be denied access to some parts of our site if their browsers reject cookies.

As part of our website management, we or our service providers may also track information on our systems and identify categories of visitors by items such as domain, company IP address and browser type.  Our internal website administrator uses this information to analyse the number of visitors to different areas of our site to make sure that our website is serving as a useful and effective information source.

A list of all of the cookies used on our website is set out below along with brief details of the purpose of these cookies which includes a guide to indicate the relative intrusive nature of the cookies:

Type of Cookies

1. Strictly Necessary Cookies – essential for the operation of the site and to enable you to move around the site. Without these cookies certain parts of the site may not be available.
2. Performance Cookies – These cookies collect anonymous information about how visitors use the site. These cookies are only used to improve how the site works.
3. Functionality Cookies – These remember choices you make to improve your experience of visiting the site.