A Privacy Statement is a document explaining to you, if you are an individual, how your personal data will be used by us and what your rights are.
This Statement describes in general terms how we collect and use personal data about you. It has been prepared to meet the requirements of the General Data Protection Regulation (GDPR), the Data Protection Act 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.
Savants Restructuring Limited and Savants Restructuring Limited are separate companies registered in England and Wales (‘the Companies’) whose principal activity is that of Insolvency Practitioners. The sole Director is Mr Adrian Duncan (‘Mr Duncan’). His and the Companies’ registered and principal trading address and other contact details are given below. Mr Duncan is licensed to act as an insolvency practitioner in the United Kingdom by the Institute of Chartered Accountants in England and Wales.
The Companies are Data Controllers within the meaning of the Data Protection Legislation when either is engaged to provide a service under the terms of a contract which requires it to process personal data. (The client in respect of whom personal data is being processed is also a Data Controller).
Where Mr Duncan is acting as an Officeholder (Administrative Receiver, Administrator, Liquidator, Nominee or Supervisor of a Voluntary Arrangement or a Trustee in Bankruptcy) under insolvency legislation he is the Data Controller for data processed by him as part of his statutory duties.
In this situation the Company or other legal entity over which he has been appointed as Officeholder will remain the Data Controller in respect of personal data collected and processed by it prior to his appointment (albeit it should now be contacted via the Officeholder).
For all purposes in relation to this Privacy Statement Mr Duncan can be contacted at:
Savants Restructuring Limited
83 Victoria Street London SW1H 0HW
Personal data means any information about an individual from which that person can be identified.
We may collect, use, store and transfer different kinds of personal data about you as follows:
• Identity Data – the information we use to identify you, which may include data contained in photographs.
• Contact Data – the information we use to contact you.
• Financial Data – details of your income and expenditure, assets and liabilities and ancillary data such as your bank account details
• Transaction Data - includes details about payments to and from you
• Communications Data - your communication preferences, for example any opt out exercised by you under Insolvency legislation.
We may collect some ‘special category’ personal data from you including (but not restricted to) details of your health, or whether you are a member of a Trade Union, where this is necessary to meet our legal or regulatory obligations. We may also collect information about criminal convictions and offences and whether you have been previously involved in any personal or corporate insolvency proceedings.
The personal data we initially used to contact you was provided by the Company or Individual on whose instructions either Company is acting or in relation to which Mr Duncan has been appointed as Officeholder. Your personal data may also be collected from the following sources:
• Records that our client or the insolvent Company or individual already holds about you.
• Questionnaires and Forms completed and submitted by you, for example to the Redundancy Payments Service or to us.
• Correspondence and other communications or meetings between you and the Firm.
• Information provided to the Firm by third parties in relation to an appointment, for example your bank, your professional advisers or the Insolvency Service.
• Information held in the public domain (for example, at Companies House and the Land Registry).Other data controllers (including clients) may also provide your personal data to us.
Most processing is carried out to comply with the Officeholder’s legal and regulatory obligations or to enable the Company to provide a service in accordance with its contractual terms. Personal data will be used to verify identity (where this is required), for communications, to maintain records and process transactions. It may also be used to facilitate the performance of investigations (including the prevention of fraud), the realisation of assets and the agreement and settlement of financial claims. Your personal data may therefore be used for more than one purpose.
Mr Duncan and the Companies have a legal obligation, in certain circumstances, to disclose personal data to:
• Mr Duncan’s regulatory body, the Institute of Chartered Accountants in England and Wales.
• The Secretary of State (including, but not restricted to, the Official Receiver).
Mr Duncan and the Companies may also be under an obligation to provide your personal data to other third parties who have a statutory right to request it (for example, HMRC and Law Enforcement Agencies) or who have obtained an appropriate court order.
We may also share your personal data with:
• Our accountants, solicitors, insurers and sub-contractors
• Other Governmental or relevant regulatory bodies.
• Third parties who support us in providing our IT systems, including our website, e mails, data backup and storage.
• Third parties who archive our paper records
• Third party professional service providers instructed on a case by case basis by the Officeholder or the Firm, including (but not restricted to) accountants and tax advisers, solicitors, valuers, debt collection agencies and service providers who may assist with the calculation of employee claims or pension deficits and contributions. They will only process your data on our instructions and they are under a professional duty of confidentiality.
Policies and commercially reasonable and appropriate procedures are in place to safeguard your personal data from loss, misuse and improper disclosure.
• Relevant training
• Digital personal data is held in secure data centres potentially located worldwide (and therefore potentially outside of the EEC).
• Paper personal data is held at the Companies’ offices in London, or, if the case has been closed, in a secure off-site third party storage facility.
We also have procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
All our third-party service providers are required to take appropriate security measures to protect your personal information. We only allow third-party service providers to process your personal information for specified purposes and in accordance with our instructions.
We will only retain your personal data for as long as necessary. This necessity includes the purposes of satisfying any legal, accounting, regulatory or reporting requirements.
In line with these requirements personal data will generally be held for no longer than 6 years after the closure of an assignment or insolvency appointment. If you have opted out of receiving future correspondence from us, your contact details will remain on our opt-out list to prevent you from receiving any further correspondence from us except where we are obliged to contact you by insolvency legislation.
If you have opted out of receiving future correspondence from us, your contact details will remain on our opt-out list to prevent you from receiving any further correspondence from us except where we are obliged to contact you by insolvency legislation.
We will maintain an accurate record of personal data submitted to us. Please inform us of any changes to your information.
You are entitled to:
• Be notified that we hold and may process your personal data. This Notice meets that requirement
• Request access to and correction of your personal data.
• Request erasure of your personal data (unless we hold it under a legal obligation)
• Object to the processing of your personal data or seek to restrict its scope (unless we hold it under a legal obligation).
• Request the transfer of your personal data to you or to a third party (unless we hold it under a legal obligation).
• Withdraw consent at any time, where we are relying on consent to process your personal data. (Where the data received was not based on obtaining consent the right to withdraw consent does not apply).
To exercise any relevant rights, or to update your personal data, please contact Mr Duncan at email@example.com. We will seek to respond promptly and no later than 28 days.
We may need you to help us to confirm your identity or to ask you for further information to ensure that personal data is not disclosed to any person who has no right to receive it.
We trust that this will not be necessary, but if you are concerned about an alleged breach of data privacy law by us please contact Mr Duncan at firstname.lastname@example.org and he will ensure that your complaint is investigated.
You also have the right to complain to the Information Commissioner’s Office, the UK supervisory authority for data protection issues. Further information about how to do this can be found on the ICO website www.ico.org.uk
We may amplify this Privacy Statement at the point of data collection.
We may change the terms of this Privacy Statement from time to time and will place any updates on our website www.savants.co.uk . This version is dated 25 May 2018.
Paper copies of this Privacy Notice can be obtained free of charge by written request to our offices at the address given above.