For the purposes of this notice, Cork Gully refers to Cork Gully LLP, Cork Gully Asset Management Limited, Cork Gully Partners LLC, Cork Gully (Guernsey) Limited, Cork Gully (Jersey) Limited, Cork Gully (Luxembourg) SARL and Cork Gully (Cayman) Limited.
Cork Gully takes the protection of your personal data seriously. Personal data is any information which can identify a living person. As such, there are a number of different ways in which we collect and use personal data. We will only use your personal information to deliver the services you’ve requested from us and to meet our legal responsibilities. We also take the protection of any stored personal data very seriously and will ensure it’s kept secure and only processed when necessary.
Who we hold or process data on
We may hold and / or process personal data on any of the following:
- Cork Gully clients, including data held by companies or individuals prior to an insolvency appointment
- Contacts targets and intermediaries
- Website visitors
- Partners and employees
How do we collect information
Cork Gully obtains information when we are engaged by a client to deliver our services, when we have a legal obligation to collect information during an insolvency appointment or when you use our website to contact us about our services.
What information we may hold
The personal information we collect from you will vary depending on the services you’ve engaged Cork Gully to provide. The services we provide may require us to collect your name, address, bank account details, tax references etc. When we take on new clients we will always ask them to provide information to enable us to verify your identity in accordance with Money Laundering Regulations.
Personal data may be obtained directly from a client or may be obtained from other publicly available third party sources.
When acting as Insolvency Practitioners most of the data we process will comprise basic details to enable us to carry out our work, such as dealing with the claims of individuals owed money by the company or individual over which we’ve been appointed.
Occasionally our work as Insolvency Practitioners may mean that we’re appointed officeholders of entities that process personal data which is considered more sensitive, for example health records. This data will normally have been created prior to our appointment. In such circumstances we’ll take appropriate steps to safeguard this data, or destroy it if it’s appropriate to do so. However, subject to limited exceptions such as when we identify conduct or actions that require further investigation, we will not be processing sensitive personal data.
Use of credit reference agencies
As part of our procedures to verify clients in accordance with Money Laundering Regulations we may use the services offered by Red Flag Alert LLP, T/A Red Flag. This is not a credit check and is solely an identity check.
We will provide information to Red Flag, such as your name, address, date of birth and passport number to confirm your identity. You can find more information about Red Flag and how they hold and use your data at www.redflagalert.com/data-privacy-policy.
Reasons for processing personal data
We may rely on the following lawful reasons to collect and use personal data:
- Contract – We may process personal data in order to perform our contractual obligations.
- Consent – We may rely on your freely given consent at the time you provided your personal data to us.
- Legitimate interests – We may rely on legitimate interests based on our evaluation that the processing is fair, reasonable and balanced. These include
- Delivering services to our clients – To deliver the professional services our clients have engaged us to provide:
- Direct marketing – To deliver timely market insights and speciality knowledge we believe is welcomed by our business clients, subscribers and individuals who have interacted with us.
- Legal obligations and public interests – We may process personal data in order to meet regulatory and public interest obligations or mandates.
We may use your information to contact you, verify your identity, maintain our records in accordance with legal and regulatory obligations, process financial transactions and prevent and detect crime, fraud or corruption.
When acting as Insolvency Practitioners we may also process data held by a company / individual prior to our appointment. However, this will only arise where we have a legal obligation under Insolvency and other related legislation.
How long we will hold data
We are required by legislation, other regulatory requirements and our insurers to retain your data where we have ceased to act for you. The period of retention required varies with the applicable legislation but is typically up to six years, after which time it will be destroyed.
To ensure compliance with all such requirements it’s Cork Gully’s policy to retain all data for a period of at least seven years from the end of the period concerned. Where we have been appointed as insolvency practitioners the retention period may be longer.
If you have any questions about how long we will retain your data please contact us.
Who has access to your information
We will not sell or give your information to third parties for marketing purposes.
Any of our staff with access to your information have a duty of confidentiality under the ethical standards Cork Gully is required to follow.
All our insolvency practitioners are licensed by the Institute of Chartered Accountants in England & Wales and we are subject to regulatory, legal and professional obligations, as well as regular inspections. Compliance with these obligations may involve granting access to personal data.
We may also have a legal obligation to disclose personal data to a government, law enforcement agencies or regulatory authorities for compliance purposes, or it may be necessary for the purposes of undertaking our work as insolvency practitioners.
There are occasions when personal data may be transferred to other parties. For example we store our physical files at a third party storage provider. We may also occasionally use cloud based IT software, or we may engage a third party to provide services such as payroll where we may have been appointed as insolvency practitioners.
Where we use third parties to process personal data on behalf of Cork Gully we ensure that written contracts are in place to set out respective responsibilities and liabilities.
What are your rights?
You have the right to receive the information about how your personal data may be processed by us.
You also have the right to know that we may be processing your personal data and, in most circumstances, to have information about the personal data of yours that we hold. You may also ask for other information, such as what purpose we may process your data for and how long we will hold it.
Keeping your information up to date and accurate is important to us. If any of your information changes please email us at firstname.lastname@example.org and we will make every effort to ensure that the data is updated as soon as possible.
We may occasionally contact you by post, email or telephone. If you do not wish to receive such information from us please let us know.
Individuals have the right to request that incorrect or incomplete data is corrected and, in certain circumstances, you may request that we erase any personal data on you which may be held or processed. If you would like to exercise this right please contact us at email@example.com. However, there may be statutory or other reasons why we are unable to remove data and if this is the case we will inform you.
If you have any complaints about how we handle your personal data, please contact Nichola Burns, Data Protection Officer, at firstname.lastname@example.org so we can resolve the issue.
You also have the right to lodge a complaint about any use of your information with the Information Commissioners Office (ICO), the UK data protection regulator. The ICO’s contact details are:
Address: Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF
Telephone: 0303 123 1113 (local rate) or 01625 545 745
Changes to our privacy notice
We keep this privacy notice under regular review and will place any updates on our website. This policy was last reviewed in March 2023. Paper copies of the privacy notice may also be obtained from email@example.com.
The content of this site is for general information purposes only and although Cork Gully has made every effort to ensure the content is accurate and up to date, it should in no way be construed as professional advice. Cork Gully does not accept any responsibility or liability in relation to its use. Users are advised to seek professional advice before taking or refraining from taking any action.
Cork Gully makes no warranties or representations that this site or the server that hosts it are free from viruses or other forms of harmful computer codes. In no event shall Cork Gully, its employees or agents, be liable for any direct, indirect or consequential damages resulting from the use of this site.
Cork Gully is not responsible for the content of any other site (including any site with a link to the Cork Gully site or any site linked from the Cork Gully site) and the firm does not accept any liability in connection with any such sites or links.
The Cork Gully site is not used to provide electronic professional services and nothing on it constitutes a binding offer to perform any professional service in any jurisdiction.