McAlister & Co Insolvency Practitioner Limited GDPR Guidance to Stakeholders in relation to Insolvency Appointments
McAlister & Co Insolvency Practitioners Limited (McAlister & Co) company number 06414389. McAlister & Co is the data controller. Questions and queries should be sent to [email protected].
We retain data in paper and electronic forms. Information retained relates to clients, prospective clients, staff, applicant staff, former staff, agents, referrers and suppliers. As appointee in insolvency procedure we retain information on Directors, shadow directors, de facto directors and de jure directors, shareholder, employees, debtors, creditors and former appointees.
What Personal Information We Retention
Personal Data – In the ordinary course of business we collect: –
- Contact details such as name, address, email, telephone number, date of birth and employer
- Financial details – salary, expenses and mileage claims/allowances, tax reference numbers and NIC details, Net worth, pension and investments as well as assets and liabilities.
- Professional details – Employer, work experience and history, trade and professional memberships
- Family and Third party – dependants, matrimonial status and living arrangements
- Identification documentation – Copy Passport, driving license, utility bills and wage slips
Where we collect personal information from
When visiting our website or contacting our offices and staff you voluntarily provide information or completing enquiry forms on our website.
All phone calls are recorded for training purposes. Notice is given that calls are recorded on instruction. Our system records, number, time date and duration of the call-in addition the recipient of the call.
Business partner and co-director/shareholder information, along with employee information is gathered as part of our duty and is required for us to complete our duties and provide our services. Director and business owners and advisors will provide this information for us to full fill our statutory duty and to comply with their fiduciary duty.
We use third party data suppliers for, Identification of assets and identity checks such as but not exclusively, Companies House, the Insolvency Services Register, Land Registry, DVLA and social media sites.
How we use your personal information
When appointed as office holder we have a legitimate interest in gathering personal data to comply with our duties. Summary uses include: –
- deliver services and meet legal responsibilities
- verify identity where this is required
- communication by post, email or telephone
- understand needs and how they may be met
- maintain records
- process financial transactions
- prevent and detect crime, fraud or corruption
How long we retain your personal information for
Marketing and Social media contact will be retained until such time as you stop following or engaging with our presence. General marketing information will be retained until such time as you unsubscribe or notify us of changes. We will audit our marketing database annually to ensure contact information is up to date.
As appointment takers we retain personal information as required to complete our statutory duty:
- Case files created and maintained throughout our appointment are retained for a period of 6 years from the date of closure of a case.
- Case management systems information is retained for management purposes, but cases will be archived after 6 years from the data of closure of the case.
- Company liquidation client books and records are retained for 12 months from the date of dissolution.
- Administration appointment, client books and records are transferred to the appointed liquidator as soon as reasonably possible.
- Voluntary Arrangement clients, records are returned to the client as soon as reasonable possible.
- Bankruptcy and compulsory liquidation appointments cases books and records are destroyed when the Official receiver provides written authority for their destruction.
Who we share your personal information with
Information may be shared where necessary with our system and IT support providers, regulatory body, the Redundancy Services Office, the insolvency Services Disqualification unit, the Official Receiver office, Registrar of Companies, agents acting, solicitors and the judiciary when pursuing legal action. We do not allow or authorize third party to use personal data under our control, however our systems software and support may include arears outside of the region governed by GDPR.
Method of Data Processing and Legal Basis of Processing
Consideration in each case will be given as to whether the appointment of the officeholder has exercised control on behalf of the client company over personal data (in which case the client company will remain the data controller) or on their own behalf, in which case the liquidator will notify individually as the data controller personally.
Users may exercise certain rights regarding their Data processed by the Owner.In particular, Users have the right to do the following:
- Withdraw their consent at any time.
- Object to processing of their Data.
- Access their Data.
- Verify and seek rectification.
- Restrict the processing of their Data.
- Have their Personal Data deleted or otherwise removed.
- Receive their Data and have it transferred to another controller
- Lodge a complaint.
Details about the right to object to processing
Where Personal Data is processed for a public interest, in the exercise of an official authority vested in the Owner or for the purposes of the legitimate interests pursued by the Owner, Users may object to such processing by providing a ground related to their particular situation to justify the objection.
How to exercise these rights
Where a request is specific to an appointment as an insolvent office holder, the request should first be made to the case administrator. These requests can be exercised free of charge and will be addressed by the Owner as early as possible and always within one month.
We seek to resolve directly all complaints about how we handle personal information but you also have the right to lodge a complaint withthe Information Commissioner’s Office, whose contact details are as follows:
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF