Jeremy Knight & Co LLP – Privacy Notice
We are Jeremy Knight & Co LLP, Chartered Accountants and Licensed Insolvency Practitioners practising as Jeremy Knight & Co and based at 68 Ship Street, Brighton, East Sussex BN1 1AE (“the firm”). We have other offices but all working files and records, other than the storage of closed files, are kept at that address. The use of “we”, “us”, “our”, and “ours” in this statement refers to the firm.
For the purpose of the Data Protection Legislation and this notice, we are the ‘data controller’ in relation to matters which the firm itself acts. We are responsible for deciding how we hold and use personal data about you. We are required under the Data Protection Legislation to notify you of the information contained in this privacy notice. In matters relating to insolvency appointments however we may simply act as ‘data processors’.
This privacy statement describes why and how we collect and use personal data and provides information about individuals’ rights. It applies to personal data provided to us, both by individuals themselves or by others. We may use personal data provided to us for any of the purposes described in this privacy statement or as otherwise stated at the point of collection.
Use of personal information
We process personal information to enable us to carry out our work as insolvency practitioners which includes processing data that was held by companies/individuals before our appointment together with data collected during the course of an insolvency procedure or a fixed charge receivership (often referred to as a Law of Property Act Receivership) (“Receivership”). Our legal obligation to process personal data arises from work we are required to carry out under insolvency and other related legislation. Insolvency practitioners are Data Controllers of personal data as defined by the Data Protection Act 2018. The firm will act as Data Processor on their instructions about personal data in relation to an insolvency procedure or a Receivership. Where we do not hold formal appointment as office holder, the data controller is either the company/individual on whose instructions the firm is acting or the firm.
There are several legal bases for processing personal data. In the majority of cases the basis on which we process data will be legitimate interest or legal obligation, although there may be occasions when other bases apply.
The data we may process
In most cases the data we will hold will be the basic details needed to identify an individual and will typically be sufficient to allow us to carry out our work as insolvency practitioners, for example, dealing with the claims of individuals who are owed monies by the entities over which we have been appointed. We may also hold financial and location information. In rare cases, we may hold some special category data, e.g. trade union membership or information about individuals’ health, which will be necessary to administer the insolvency process in line with our legal obligations. Although we will take appropriate steps to safeguard sensitive data (or to destroy it where it is appropriate to do so), subject to limited exceptions, for example, where we identify previous conduct and/or action that requires further investigation, we will not be processing sensitive data.
We will only provide personal data to third parties such as creditors, directors and shareholders or organisations such as HMRC, RPS, Companies House, Courts, and regulators where it is necessary to comply with legal or regulatory obligations or for the purposes of undertaking our work as insolvency practitioners. We may also share personal data to lawfully assist the police or other law enforcement agencies with the prevention and detection of crime, where disclosure is necessary to protect the safety or security of any persons and/or otherwise as permitted by the law. We will process the personal data we collect about you within the EEA. We will only disclose client personal data to a third party (including a third party outside of the EEA) provided that the transfer is undertaken in compliance with the data protection legislation.
How long will we hold it?
We will retain personal data for such time as may be necessary for us to comply with our legal and regulatory obligations, in accordance with industry best practice, typically six years after the finalisation of the insolvency case.
What are your rights?
You have the right to know that we may be processing your personal data, how it is processed and, in most circumstances, to have information about the personal data of yours that we hold. You can ask for certain other details such as what purpose we may process your data for and how long we will hold it. You have the right to request us to correct any incomplete or inaccurate data which we hold.
The firm’s Data Protection Office is Jeremy Knight who can be contacted at firstname.lastname@example.org to whom enquiries should be addressed. If however you are dissatisfied with any matter relating to your data you may make a complaint to the Information Commissioner at https://ico.org.uk/make-a-complaint/.
Provision of Services Regulation
The following information is designed to draw the attention of interested parties to the information required to be disclosed by the Provision of Services Regulations 2009.
William Jeremy Jonathan Knight and Simon Peter Edward Knight and Syed Oowas Farhan Syed are licensed to act as Insolvency Practitioners in the United Kingdom by the Institute of Chartered Accountants in England and Wales.
William Jeremy Jonathan Knight and Simon Peter Edward Knight are both members of the Institute of Chartered Accountants in England and Wales. Syed Oowas Farhan Syed is a member of the Association of Chartered Certified Accountants
Rules Governing Actions
All IPs are bound by the rules of their professional body, including any that relate specifically to insolvency. The rules and guidance notes of the professional body that licenses Jeremy Knight & Co’s Insolvency Practitioners can be found here. In addition, IPs are bound by the Statements of Insolvency Practice (SIPs), details of which can be found at https://www.r3.org.uk/what-we-do/publications/professional/statements-of-insolvency-practice.
All IPs are required to comply with the Insolvency Code of Ethics and a copy of the Code can be found at http://www.icaew.com/en/technical/insolvency/insolvency-regulations-and-standards.
At Jeremy Knight & Co we always strive to provide a professional and efficient service. However, we recognise that it is in the nature of insolvency proceedings for disputes to arise from time to time. As such, should you have any comments or complaints regarding the administration of a particular case then in the first instance you should contact the IP acting as office holder.
If you consider that the IP has not dealt with your comments or complaint appropriately you should then put details of your concerns in writing to our complaints officer William Jeremy Jonathan Knight. This will then formally invoke our complaints procedure and we will endeavour to deal with your complaint under the supervision of a senior partner unconnected with the appointment.
Most disputes can be resolved amicably either through the provision of further information or following negotiations. However, in the event that you have exhausted our complaints procedure and you are not satisfied that your complaint has been resolved or dealt with appropriately, you may complain to the regulatory body that licences the insolvency practitioner concerned. Any such complaints should be addressed to The Insolvency Service, IP Complaints, 3rd Floor, 1 City Walk, Leeds, LS11 9DA, and you can make a submission using an on line form available at www.gov.uk/complain-about-insolvency-practitioner; or you can email email@example.com; or you may phone 0300 678 0015. Information on the call charges that apply is available at https://www.gov.uk/call-charges.
Consumer Credit Act
Whilst we are not licensed under the Consumer Credit Act, as a firm of chartered accountants providing public practice accountancy services, we are able to carry on a limited range of investment business activities incidental to the main activity of the firm.
Professional Indemnity Insurance
Jeremy Knight & Co’s Professional Indemnity Insurance is provided by Ascent Underwriting LLP of 10-12 Eastcheap, London EC3M 1AJ. This professional indemnity insurance provides worldwide coverage, excluding professional business carried out from an office in the United States of America or Canada, and any action for a claim brought in any court in the United States of America or Canada.
Jeremy Knight & Co is registered for VAT under registration no. 947 7342 86.
Bribery Act 2010
Jeremy Knight & Co is committed to applying the highest standards of ethical conduct and integrity in its business activities. Every employee and individual acting on Jeremy Knight & Co’s behalf is responsible for maintaining our reputation and for conducting company business honestly and professionally.
Jeremy Knight & Co take a zero tolerance approach to bribery and corruption and are committed to acting professionally, fairly and with integrity in all our business dealings and relationships wherever we operate.
Jeremy Knight & Co requires all those who are associated with it to observe the highest standards of impartiality, integrity and objectivity.
Jeremy Knight & Co prohibits anyone acting on its behalf from:
- bribing another person. A bribe includes the offering, promising or giving of any financial or other type of advantage;
- accepting a bribe. This includes requesting, agreeing to receive or accepting any financial, or another kind of advantage;
- bribing a foreign public official; and
- condoning the offering or acceptance of bribes.
Jeremy Knight & Co will:
- avoid doing business with others who do not accept our values and who may harm our reputation;
- maintain processes, procedures and records that limit the risk of direct or indirect bribery;
- promote awareness of this policy amongst its staff, those acting on its behalf and entities with which it has any commercial dealings;
- investigate all instances of alleged bribery, and will assist the police, and other authorities when appropriate, in any resultant prosecutions. In addition, disciplinary action will be considered against individual members of staff;
- review this policy regularly and update it when necessary.