Insolvency assignments privacy notice
Hudson Weir Ltd and the appointed office holder (“we, “us”, “our”) will hold information and data about data subjects in order to properly administer formal assignments subject to insolvency legislation in the UK and abroad. As this type of assignment is subject to law e.g. the Insolvency Act and Rules, we consider that such data is held for legal and legitimate interest purposes, specifically to allow us to properly administer such assignments.
Personal data held is 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 entity 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.
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 maximise asset realisations 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.
As an insolvency practice, together with other legislation, we are governed by the Insolvency Practitioners Regulations 2005 (as amended). This legislation requires us to preserve records as follows:
- Our case files – for a period of 6 years following the Insolvency Practitioner’s release or discharge.
- Books and records – for a period of 15 months after the closure of a liquidation or administration and for a period of 12 months after closure for a compulsory liquidation or bankruptcy subject to there being no other legal requirements.
In relation to this type of information, we may hold personal data to complete our contractual obligations as part of an assignment. The data will be held in the same manner as above and retained for a period of 6 years after the end of the assignment.
Special category data
This includes data relating to an individual which is more sensitive, for example, health records. Such data is held securely and confidentially and held for general regulatory purposes; preserving client records or business management functions. Such data is held in accordance with the general assignment retention periods detailed above.
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 a framework of policies and procedures which ensure that we keep the data we hold secure.
All information you provide to us is stored on our locally hosted secure servers. 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.
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.
Data Subject Rights
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 data controller if the processing is based on consent, carried out by automated means and this is technically feasible.
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 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 firstname.lastname@example.org with your request.
If you would like any further information about the above please contact us on email@example.com. Or alternatively telephone 020 7099 6086.
We reserve the right to modify or amend this privacy statement at any time and for any reason. Nothing contained herein creates or is intended to create a contract or agreement between us and any user visiting the website or providing identifying information of any kind
If you have any concerns over how we have used or are using your data then please contact firstname.lastname@example.org in the first instance.
If you are still not satisfied that we have addressed your concerns adequately you have a right to lodge your complaint with the Information Commissioners Office, the details of which are available at www.ico.org.uk.