PRIVACY NOTICE issued by Skymark financial Ltd

PRIVACY NOTICE ISSUED BY SKYMARK FINANCIAL LTD

Introduction

The Data Protection Act 2018 (“DPA 2018”) and the General Data Protection Regulation (“GDPR”) impose certain legal obligations in connection with the processing of personal data.

Skymark Financial Ltd is a data controller within the meaning of the GDPR and we process personal data. The firm’s contact details are as follows: [email protected]

We may amend this privacy notice from time to time. If we do so, we will supply you with and/or otherwise make available to you a copy of the amended privacy notice.

Where we act as a data processor on behalf of a data controller (for example, when processing payroll), we provide an additional schedule setting out required information as part of that agreement. That additional schedule should be read in conjunction with this privacy notice.

The purposes for which we intend to process personal data

We intend to process personal data for the following purposes

• To enable us to supply professional services to you as our client.
• To fulfil our obligations under relevant laws in force from time to time (e.g. the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 as amended (“MLR 2017”)).
• To comply with professional obligations to which we are subject as a member of The Association of Accounting Technicians.
• To use in the investigation and/or defense of potential complaints, disciplinary proceedings and legal proceedings.
• To enable us to invoice you for our services and investigate/address any attendant fee disputes that may have arisen.
• To contact you about other services we provide which may be of interest to you if you have consented to us doing so.

The legal bases for our intended processing of personal data

Our intended processing of personal data has the following legal bases

  • At the time you instructed us to act, you gave consent to our processing your personal data for the purposes listed above
  • The processing is necessary for the performance of our contract with you.
  • The processing is necessary for compliance with legal obligations to which we are subject (e.g.MLR 2017).
  • The processing is necessary for the purposes of the following legitimate interests which we pursue this includes but its not limited to: responding to general enquiries,Investigating/defending legal claims,

It is a requirement of our contract with you that you provide us with the personal data that we request. If you do not provide the information that we request, we may not be able to provide professional services to you. If this is the case, we will not be able to commence acting or will need to cease to act.

Persons/organizations to whom we may give personal data

We may share your personal data with:

HMRC
any third parties with whom you require or permit us to correspond
subcontractors
an alternate appointed by us in the event of incapacity or death
tax insurance providers
professional indemnity insurers
our professional body The Association of Accounting Technicians and/or the Office of Professional Body Anti-Money Laundering Supervisors (OPBAS) in relation to practice assurance and/or the requirements of MLR 2017 (or any similar legislation) If the law allows or requires us to do so, we may share your personal data with:
the police and law enforcement agencies
courts and tribunals
the Information Commissioner’s Office (ICO)

We may need to share your personal data with the third parties identified above in order to comply with our legal obligations, including our legal obligations to you. If you ask us not to share your personal data with such third parties we may need to cease to act.

Transfers of personal data outside the EEA

Your personal data will be processed in the EEA

Retention of personal data

When acting as a data controller and in accordance with recognised good practice within the tax and accountancy sector we will retain all of our records relating to you as follows:

• where tax returns have been prepared it is our policy to retain information for 6 years from the end of the tax year to which the information relates.

• where ad hoc advisory work has been undertaken it is our policy to retain information for 2 years from the date the business relationship ceased.

• where we have an ongoing client relationship, data which is needed for more than one year’s tax compliance (e.g. capital gains base costs and claims and elections submitted to HMRC) is retained throughout the period of the relationship, but will be deleted 2 years after the end of the business relationship unless you as our client ask us to retain it for a longer period.

Our contractual terms provide for the destruction of documents after 2 years and therefore agreement to the contractual terms is taken as agreement to the retention of records for this period, and to their destruction thereafter.

You are responsible for retaining information that we send to you (including details of capital gains base costs and claims and elections submitted) and this will be supplied in the form agreed between us. Documents and records relevant to your tax affairs ar