Here at French Duncan, we focus on delivering bespoke and creative solutions to help you meet your goals. To achieve this, you share personal data with us and we understand that the privacy and security of your personal information is extremely important. In this privacy notice, 'French Duncan' will refer to all group services as detailed in the 'Who are we' section.
We are committed to protecting your personal data and this privacy statement explains why and how we collect and process your personal data. It relates to personal data you share directly with us, data shared by others on your behalf or through publically held information. Where a third party has shared your information with us, we trust that they have informed you about the use of your data. Where you are applying for employment with French Duncan LLP, please refer to our Job Application Privacy Notice.
For the purpose of the Data Protection Legislation and this notice, we are the ‘data controller’. This means that we are responsible for deciding how we hold and use personal data about you.
Where nominated Partners and Directors of French Duncan LLP act as Insolvency Practitioners and data controllers, French Duncan LLP act as data processors to support this function.
Personal data is defined as any information relating to an identified or identifiable natural living person - a ‘data subject’. This privacy notice also provides information about your rights as a ‘data subject’.
Our Data Protection Officer is responsible for ensuring that this notice is made available to you or a third party acting on your behalf, prior to French Duncan LLP collecting or processing your personal data. Our Data Protection Officer can be contacted on 0141 221 2984 or in writing at 133 Finnieston Street, Glasgow, G3 8HB.
All Employees and Staff of French Duncan LLP who interact with you as a data subject or when you ask us to process data for associated data subjects, are responsible for ensuring that this notice is drawn to your attention prior to any personal data being processed.
At French Duncan, we will always be transparent about how and why we collect and process your personal data.
When we say ‘French Duncan’ or ‘we’ or ‘us’ or ‘our’, we are generally referring to French Duncan LLP and the separate legal entities that make up our group businesses.
French Duncan LLP is a limited liability partnership registered in Scotland (SO30004). Registered Office 133 Finnieston Street, Glasgow, G3 8HB.
French Duncan LLP is registered to carry out audit work by the Institute of Chartered Accountants of Scotland. They also authorise French Duncan LLP to act as Insolvency Practitioners.
French Duncan Wealth Management Limited is registered in Scotland (SC229215). Registered Office 133 Finnieston Street, Glasgow, G3 8HB. Authorised and registered by the Financial Conduct Authority.
French Duncan HR Services Ltd is registered in Scotland under 487207. Registered Office 133 Finnieston Street, Glasgow, G3 8HB.
French Duncan (Financial Controller) Limited is registered in Scotland (SC545996). Registered Office 133 Finnieston Street, Glasgow, G3 8HB.
French Duncan Limited is registered in Scotland (SC290976). Registered Office 133 Finnieston Street, Glasgow, G3 8HB.
French Duncan is a member of HLB International, a world-wide network of professional independent accounting firms and business advisors.
It will also include other businesses we may add to French Duncan LLP in the future.
We collect, process and store personal data in relation to individuals, data subjects associated with businesses, associated with not for profit charitable organisations, for our service suppliers, subcontractors and their associates, along with our professional contacts and individuals from other organisations.
French Duncan collects and stores personal data for a number of reasons, such as:
- When you contact us by email, telephone, post or social media to enquire about our services
- To understand your needs and how they may be met
- To provide you with professional services and fulfil our contractual obligations as set out in our letter of engagement with you or our client where you may be an employee, a subcontractor, a supplier or customer of our client
- To manage our relationship with you
- To verify identification where required
- To communicate with you by post, email or phone
- To maintain client and administration records
- To process financial transactions and applications
- To prevent and detect crime, fraud or corruption
- To meet legal, regulatory and ethical responsibilities
We are committed to ensuring that the information we collect, use and store, is appropriate, is not excessive, is accurate and up to date, is not retained for longer than required and does not constitute an invasion of your privacy.
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.
Where we process your personal data in our capacity of Insolvency Practitioners, we do so to meet statutory duties and obligations.
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 data.
The data we hold could include financial and non-financial data and will depend on the services we are providing.
Typically, we may hold:
- Names, addresses, personal and business contact details
- Date of birth
- Spouses’ names
- Tax codes and identifiers
- Income and employment status
- Business interests and shareholdings
- Bank accounts, investment and pensions
- 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 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 your employer or by our clients on your behalf.
Internally: We may share data within French Duncan LLP where required for administrative purposes and for the provision of the professional service you have requested from us.
Our Service Providers: We may pass your personal data on to third-party service providers contracted to French Duncan LLP in order to provide you with the services you require. Through the contracts and security measures we put in place, any third parties that we may share your data with are obliged to keep your details secure and to use them only to fulfil the service they provide to you on our behalf. When they no longer need your data to fulfil this service, they will dispose of the details in line with French Duncan LLP’s procedures. If we wish to pass your sensitive personal data onto a third party we will only do so once we have obtained your explicit consent or for the fulfilment of a contract we hold with you, unless we are legally required to do otherwise.
Other organisations and individuals: If required by law, under any code of practice we are bound by or where we are asked to by a public or regulatory authority, such as Police or HMRC.
We will only retain your personal data for as long as 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.
The software we use allows us to maintain your information on our operational practice management systems and customer relationship systems before and during the period when you are a client. This information will also be maintained for the required legal and statutory periods even when you cease to be a client of French Duncan.
As part of our processing activities described in this privacy notice, we may share and transfer your personal information to service suppliers which sit outside of the EEA. Your data will continue to be subject to the appropriate safeguards set out in law and protected by the model clauses and contracts approved by the ICO.
At any point while we are in possession of or processing your personal data, you, the data subject, have the following rights:
Right to be informed: You have the right to be informed about our Privacy Notice and Data Protection Policy before we collect your personal data
Right of Access: You have the right to request access to the personal data held by us as a Data Controller. You do this by submitting a ‘Subject Access Request’
Right of Rectification: You have the right to request that we correct any personal data we hold where it is inaccurate or incomplete
Right to be forgotten: In certain circumstances, you have the right to ask us to delete and erase the personal data we hold about you, such as:
- You consider that we no longer require the information for the purpose for which it was obtained
- We are using that information with your consent and you have withdrawn your consent
- You have objected to our use of your personal information
- Our use of your personal information is contrary to law or our other legal obligations
Right to restrict processing: You have the right to restrict us processing your personal data where certain conditions apply, such as:
- Where you question the accuracy of your personal data we are processing
- Where we no longer need the personal data but you do not wish us to delete it need us to keep it for potential future reference
Right to data portability: You have the right to ask us to transfer the data we hold electronically about you in to another organisation
Right to object: You have the right to object to certain types of processing of personal data, such as direct marketing
Rights related to automated decision making and profiling: If we use your personal information on an automated basis to make decisions which significantly affect you, you have the right to ask that the decision be reviewed by an individual to whom you may make representations and contest the decision. This right only applies where we use your information with your consent or as part of a contractual relationship with you.
You have the right to judicial review: in the event that French Duncan refuses your request under rights of access, we will provide you with a reason as to why.
You also have the right to complain as outlined in the complaints section.
We hope that you will not need to complain about how your personal data is being processed by French Duncan or by third parties associated in delivering our services, or how your complaint has been handled. If you want to, you have the right to lodge a complaint directly with the supervisory authority and French Duncan’s Data Protection Officer.
The details for each of these contacts are:
Data Protection Officer, French Duncan LLP, 133 Finnieston Street, Glasgow, G3 8HB
UK Data Protection Regulator, The Information Commissioner’s Office (‘ICO’), Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF or email
French Duncan, at your request, can confirm what information we hold about you and how it is processed. If French Duncan does hold personal data about you, you can request the following information:
Identify the contact details of the person or organisation that has determined how and why to process your data.
Contact details of the data protection officer, where applicable.
The purpose of the processing as well as the legal basis for processing.
If the processing is based on the legitimate interests of French Duncan LLP or a third party, information about those interests.
The categories of personal data collected, stored and processed.
Recipient(s) or categories of recipients that the data is/will be disclosed to.
If we intend to transfer the personal data to a third country or international organisation, information about how we ensure this is done securely. The EU has approved sending personal data to some countries because they meet a minimum standard of data protection. In other cases, we will ensure there are specific measures in place to secure your information.
How long the data will be stored.
Details of your rights to correct, erase, restrict or object to such processing.
Information about your right to withdraw consent at any time.
How to lodge a complaint with the supervisory authority.
Whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether you are obliged to provide the personal data and the possible consequences of failing to provide such data.
The source of personal data if it wasn’t collected directly from you.
Any details and information of automated decision making, such as profiling, and any meaningful information about the logic involved, as well as the significance and expected consequences of such processing.
What forms of ID will I need to provide in order to access this?
French Duncan accepts the following forms of ID when information on your personal data is requested:
Passport or driving licence, bank statement or utility bill (dated within the last 3 months).
We will normally respond to your request within one month of it being received. However, in some cases, we may need to extend this to three months. We will always write to you within one month of receiving your original request to tell you if this is the case.
A copy of your personal data is usually provided free of charge. However, we can charge a ‘reasonable fee’ where we find that the data requested is excessive or unfounded and in particular if the request is a repetitive one.
We are serious about taking the appropriate measures to protect your personal data.
Our staff and service providers are all trained on confidentiality, data protection and security when they join French Duncan and on a regular basis whilst employed by us. We limit access to our buildings to those who require access – using passes and other technology. We also have a risk framework in place including the appropriate policies and procedures required to keep your data secure. We apply controls and access restrictions across all of our technology platforms and review and test these at regular intervals.
Where passwords are required by you to access secure platforms as part of the service we provide, it is your responsibility to keep these passwords secure.
This policy was last updated on 2nd May 2018
Job Applicant Privacy Notice
French Duncan collects a range of information about you. This includes:
- your name, address and contact details, including email address and telephone number;
- details of your qualifications, skills, experience and employment history;
- information about your current level of remuneration, including benefit entitlements;
- whether or not you have a disability for which French Duncan needs to make reasonable adjustments during the recruitment process; and
- information about your entitlement to work in the UK.
French Duncan may collect this information in a variety of ways. For example, data might be contained in application forms, CVs or resumes, obtained from your passport or other identity documents, or collected through interviews or other forms of assessment, including online tests.
French Duncan may also collect personal data about you from third parties, such as references supplied by former employers. French Duncan will seek information from third parties only once a job offer to you has been made and will inform you that it is doing so.
Data will be stored in a range of different places, including on your application record, in HR management systems and on other IT systems (including email).
French Duncan needs to process data to take steps at your request prior to entering into a contract with you. It may also need to process your data to enter into a contract with you.
In some cases, French Duncan needs to process data to ensure that it is complying with its legal obligations. For example, it is required to check a successful applicant's eligibility to work in the UK before employment starts.
French Duncan has a legitimate interest in processing personal data during the recruitment process and for keeping records of the process. Processing data from job applicants allows French Duncan to manage the recruitment process, assess and confirm a candidate's suitability for employment and decide to whom to offer a job. French Duncan may also need to process data from job applicants to respond to and defend against legal claims.
French Duncan may process information about whether or not applicants are disabled to make reasonable adjustments for candidates who have a disability. This is to carry out its obligations and exercise specific rights in relation to employment.
Your information may be shared internally for the purposes of the recruitment exercise. This includes with the HR team, the Finance team, the IT team, your line manager, and other managers and partners in French Duncan if access to the data is necessary for performance of their roles.
French Duncan will not share your data with third parties, unless your application for employment is successful and it makes you an offer of employment. French Duncan will then share your data with former employers to obtain references for you.
French Duncan will not transfer your data outside the European Economic Area.
French Duncan takes the security of your data seriously. It has internal policies and controls in place to ensure that your data is not lost, accidentally destroyed, misused or disclosed, and is not accessed except by our employees in the proper performance of their duties.
If your application for employment is unsuccessful, French Duncan will hold your data on file for 6 months after the end of the relevant recruitment process for consideration for future employment opportunities. At the end of that period, your data is deleted or destroyed.
If your application for employment is successful, personal data gathered during the recruitment process will be transferred to your personnel file and retained during your employment. The periods for which your data will be held will be provided to you in a new privacy notice.
As a data subject, you have a number of rights. You can:
- access and obtain a copy of your data on request;
- require French Duncan to change incorrect or incomplete data;
- require French Duncan to delete or stop processing your data, for example where the data is no longer necessary for the purposes of processing; and
- object to the processing of your data where French Duncan is relying on its legitimate interests as the legal ground for processing.
If you would like to exercise any of these rights, please contact the Data Protection Officer.
If you believe that French Duncan has not complied with your data protection rights, you can complain to the Information Commissioner.
You are under no statutory or contractual obligation to provide data to French Duncan during the recruitment process. However, if you do not provide the information, French Duncan may not be able to process your application properly or at all.
Recruitment processes are not based solely on automated decision-making.