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 (Bailiwick of Guernsey) Law, 2017 (“Law”) and any other relevant implementing laws, regulations and secondary legislation, as amended or updated from time to time, in Guernsey collectively (“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
This Privacy notice covers the following entity:
- Breaking the Mould Accounting Limited
Referred to herein as the “Business”
The entity registered office is as follows:
- St Honorine, Candie Road, St Peter Port, Guernsey, GY1 1UP
The correspondence address for these entity is as follows:
- St Honorine, Candie Road, St Peter Port, Guernsey, GY1 1UP
The Business is a firm of Chartered Accountants providing accounting, training, consulting, bookkeeping, crew employment and payroll, project management and Safety Management Services in the maritime sector.
Depending on the work we are performing we are classed as either a Processor or Controller under Data Protection Legislation. Where we act as a Controller, we are responsible for deciding how we hold and use Personal Data we process about you.
Where we act as a Processor, another Controller is responsible for deciding how we hold and use Personal Data about you.
This Privacy notice primarily deals with our role of Controllers of Personal Data. As a Controller, Data Protection Legislation requires us to notify you of the Personal Data we process. This privacy notice seeks to meet this obligation.
For further information regarding our roles as Processor for other Controllers Personal Data, please contact our Data Protection Officer.
Please note that we have specific employee privacy statements for potential, current and past employees, which is available to these parties on a request basis.
Alasdair Milroy is our Data Protection Officer (“DPO”) and is responsible for assisting with enquiries in relation to this privacy notice or our treatment of your Personal Data. Alasdair Milroy can be contacted as follows:
3. PERSONAL DATA WE OBTAIN FROM YOU
We obtain Personal Data about you, for example, when:
- You request a proposal from us in respect of the services we provide;
- You engage us to provide our services and also during the provision of those services;
- You contact us by email, telephone, post or social media; or
- From third parties and/or publicly available resources;
- You visit our website (see below);
- You apply for a job with us or submit your CV on a speculative basis;
- You attend our training courses
We usually collect this data directly from yourself however on occasion we do collect this data from third parties.
We do not use automated means to collect or process any Personal Data.
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 and/or address/identification documentation);
- Details of contact we have had with you in relation to the provision, or the proposed provision, of our services;
- Details of any services you may have received from us;
- Our correspondence and communications with you;
- Information about any complaints and enquiries you make to us;
- Information from research, surveys, and marketing activities;
- Information we receive from other sources, such as publicly available information;
- Information provided by you in our dealings with you including payroll data, expense claims, accounting records and other items which may include Personal Data;
We may hold limited data classed as Special Category under the Data Protection Legislation including sickness data and criminal records checks. If you would like more information about the Special Category data we hold, please contact the DPO.
5. HOW WE USE PERSONAL DATA WE HOLD ABOUT YOU
We may process your Personal Data for purposes necessary for the performance of our contract with you and/or comply with our legal or regulatory obligations.
We may process your Personal Data 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. In this instance, we may be a Processor and not a Controller of this Personal Data.
We may process your Personal Data 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. This includes processing for marketing, business development, statistical and management purposes.
We may process your 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.
Please note that we may process your Personal Data for more than one lawful basis depending on the specific purpose for which we are using your Personal Data.
Situations in which we will use your Personal Data
We may use your Personal Data to:
- Carry out our obligations arising from any agreements or contracts entered into between you and us (which will most usually be for the provision of our services);
- Carry out our obligations arising from any agreements entered into between our clients and us (which will most usually be for the provision of our services) where you may be a subcontractor, supplier, employee or customer of our client;
- Provide you with information related to our services and our events and activities that you request from us or which we feel may interest you;
- To meet regulatory, or legal obligations;
- Seek your thoughts and opinions on the services we provide; and
- Notify you about any changes to our services, or the business activities.
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 your knowledge or consent, in accordance with this notice, where we are legally required or permitted to do so.
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.
Our retention policy is available on request.
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 it for a reason that 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 may share your Personal Data with other entities in our Business as part of our regular business practises. We may also 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” includes third-party service providers. The following activities are carried out by third-party service providers: IT, cloud services, data management system, and accounting packages, professional advisory services, administration services, safety management services, HR services, marketing services and archiving. All of our third-party service providers are required to take commercially reasonable and appropriate security measures to protect your Personal Data. We only permit our third-party service providers to process your Personal Data for specified purposes and in accordance with our instructions.
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 restructuring of the business. We may also need to share your Personal Data with a regulator or to otherwise comply with the law.
We use the following sub processors in our day to day business operations:
- Kimbley IT
- Google Workspace
- Practice Ignition
- Receipt Bank
- Xavier Analytics
- Acuity Scheduling
- Total Superyacht (Superyacht Operating Systems)
- Brightpay (Thesaurus Software Ltd)
- Returns Creator (The States of Guernsey)
- Risk Screen
Some of these Processor systems are hosted in the USA. Our controls in place over the processing of your data by these sub-processors are available on request.
7. DATA SECURITY
We have put in place commercially reasonable and appropriate security measures to endeavour 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 employees, agents, contractors and other third parties who have a business need to know. They will only process your Personal Data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.
8. 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 data 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 Officer.
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 will need to adequately verify your identity before we can assist you with any of the above. This ensures that personal information is not disclosed to any person who has no right to receive it.
9. RIGHT TO WITHDRAW CONSENT
In the limited circumstances where you may 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 Protection Officer.
Once we have received notification that you have withdrawn your consent, we will no longer process your Personal Data for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so under Data Protection Legislation.
10. CHANGES TO THIS NOTICE
Any changes we may make to our privacy notice in the future will be updated on our website www.breakingthemouldaccounting.com
This privacy notice was last updated on 28 November 2020.
11. 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 our Data Protection Officer or telephone us on +44 1481 722 565.
Breaking the Mould Accounting Limited
St Peter Port
Telephone: +44 1481 722565
Designed by Twyne | Copyright Breaking the Mould Accounting Limited 2020