Fiscale - Legal and Privacy

 

All rights, including copyright and database rights, in the Fiscale website and its contents, are owned by or licensed to Fiscale Ltd., or otherwise used by Fiscale as permitted by applicable law.

©Copyright 2014 Fiscale Ltd. All rights reserved.

All work is original and copyright to Fiscale Ltd

Using our website

Whilst we endeavour to ensure the content of this website is accurate and reliable, use of this website is offered free of charge and on an "as is" and "as available" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

The tax advice provided on this site is for guidance only. It is based on the company's current understanding of both tax law and HMRC practice. As these both change on a frequent basis, you should consult either the company or another qualified professional before acting on any of the information supplied on this website.

Fiscale Ltd accepts no responsibility for any loss, financial or otherwise, resulting from the content of this website. In no event will Fiscale be liable for any damages including, without limitation, indirect or consequential damages, or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract, negligence or other tortious action, arising out of or in connection with the use of the site.

Use of this site constitutes your acceptance of these terms and conditions, which take effect immediately on your first use of the site. Fiscale Ltd. reserves the right to change these terms and conditions at any time by posting changes online.

Fiscale is not responsible or liable for the content of any external websites linked to from this site.

Information we collect on this website

This Policy explains how Fiscale uses information we collect and how you can limit our use of that data.

  • We do not collect personal information ie. Name, Address.
  • We collect information that does not identify you to evaluate our site and ensure that it performs appropriately.

Cookies

A cookie is a small piece of information that is placed on your computer when you visit our websites. Find out more about the use of cookies on http://www.cookiecentral.com

Fiscale uses cookies to:

  • keep track of your browsing patterns and to build up a profile of how you and other users use the website.
  • make our website work as efficiently as possible.

Most browsers allow you to turn off cookies. To do this look at the "help" menu on your browser.

Privacy Notice

Introduction

This document refers to personal data, which is defined as information concerning any living person (a natural person who hereafter will be called the Data Subject)

This notice explains what personal data we hold about you, how we collect it, and how we use and may share information about you. We are required to notify you of this information under data protection legislation. Please ensure that you read this notice (sometimes referred to as a ‘privacy notice’) and any other similar notice we may provide to you from time to time when we collect or process personal information about you.

The General Data Protection Regulation (GDPR) seeks to protect and enhance the rights of data subjects. These rights cover the safeguarding of personal data, protection against the unlawful processing of personal data and the unrestricted movement of personal data within the EU.

Fiscale is used to mean Fiscale (Holdings) Limited and all of its wholly owned subsidiaries, including, but not exclusively, Fiscale Limited, Fiscale (North West) Limited and Fiscale (South East) Limited.

Personal Data

Fiscale collects data from you and from other sources to process in different ways depending on the nature of our commercial relationship. Depending on our relationship, personal data may include but not limited to, contact information, Identification documents, bank account, National Insurance and PAYE reference numbers Fiscale may also collect statistics about the behavior of visitors to its website.

Fiscale’s website uses cookies, which is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. Fiscale website visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using Fiscale’s website.

Fiscale will only collect the information needed so that it can provide you with professional services and will never sell or broker your data.

If you have engaged with Fiscale as a client, Franchisee or Professional Referrer, we will continue to hold personal data about you on a contractual basis.

If you are a potential client (lead), business contact, a strategic partner or supplier we may hold personal data about you based on a Legitimate Interest assessment. We believe that we hold this information, and communicate with you, on the basis that it is essential for you to be informed about Government Legislation that could lead to valuable claims being made for Research & Development Tax Credits, Patent Box and any other professional services.

Disclosure

Fiscale may share your personal data with other related companies and in some cases the person or organisation who referred you. Fiscale may on occasions pass your Personal Information to third parties such as HMRC to process your claim. Fiscale do not broker or pass on information gained from your engagement without your consent. However, Fiscale may disclose your Personal Information to meet legal obligations, regulations or valid governmental request.

Retention Policy

Fiscale will process personal data and will continue to store such personal data in accordance with our policy, which is set out below.

The personal data may, but not exclusively, include the following, not all of which will be held in every case.

Our Relationship with you Personal Data we may, but not necessarily hold Legal Basis for collecting information Retention policy
Business Contacts, Leads
  • Contact Details,
  • Employees Salary and PAYE details.
  • Telephone and meeting Notes
Legitimate interest 18 months after most recent contact recorded in the CRM Hub Client
Client
  • Contact details,
  • Bank Account details
  • Identification Documents
  • National Insurance Number
  • PAYE Number
  • Salary, overtime and bonus details
  • Details of staff and Directors, including items above
  • Photographic or video web site content
Contractual 6 years after most recent claim is processed
Professional Referrers
  • Contact Information
  • Our Agreement
  • Bank Account Details
Contractual 18 months if arrangement not concluded. If concluded, 18 months after the final claim for the last referral is processed
Strategic Partner
  • Contact Information
Legitimate 18 months if arrangement not concluded. If concluded, 18 months after the final claim for the last referral is processed
Franchisee
  • Contact details,
  • Application Form
  • Bank Account details
  • Identification Documents
  • National Insurance Number
  • PAYE Number
  • Credit Rating Information
  • CV
  • Our Agreement
  • Performance Details
  • Payment Records
  • Training Records
  • AMLL Training Details
  • Web site content including photographs or video
Contractual 18 months if arrangement not concluded. If concluded, 18 months after the final claim for the last referral is processed

Data storage

Data is held in the United Kingdom using multiple secure servers. Fiscale does not store personal data outside the EEA.

Automated Data Processing

Fiscale does not use automated data processing

Your rights as a Data Subject

At any point whilst Fiscale is in possession of or processing your personal data, all data subjects have the following rights:

  • Right of access - you have the right to request a copy of the information that we hold about you.
  • Right of rectification - you have a right to correct data that we hold about you that is inaccurate or incomplete.
  • Right to be Erasure - in certain circumstances you can ask for the data we hold about you to be erased from our records.
  • Right to restriction of processing - where certain conditions apply you have a right to restrict the processing.

Please note that exercising some rights may have contractual consequences.

Keeping your personal information secure

We have appropriate security measures in place to prevent personal information from being accidentally lost, used or accessed in an unauthorised way. We limit access to your personal information to those who have a genuine business need. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.
We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

Your rights to correct and access your information and to ask for it to be erased

Please contact our Data Protection Officer (DPO) at email dpo@fiscale.com if you would like to correct or request access to information that we hold relating to you or if you have any questions about this notice. You also have the right to ask our Data Protection Officer for some but not all of the information we hold and process to be erased (the ‘right to be forgotten’) in certain circumstances. Our Data Protection Officer will provide you with further information about the right to be forgotten, if you ask for it.

Complaints

In the event that you wish to make a complaint about how your personal data is being processed by Fiscale, you have the right to complain.

Contact the Fiscale Data Protection Officer at email dpo@fiscale.com

If you do not get a response within 30 days you can complain to the Information Commissioner Office.

Data Protection Policy

Definitions

Fiscale: Fiscale (Holdings) Limited including all wholly owned subsidiaries but not exclusively restricted to Fiscale Limited, Fiscale (North West) Limited and Fiscale (South East) Limited.
Workers: includes, employees, apprentices, work experience, interns, agency workers and casual employees
Third Parties: includes but is not exclusively restricted to Franchisees, Business Contacts, Clients, Professional Referrers, Strategic Partners, Client Referrers and Suppliers

Data:For the purpose of this document Data means personal data or information which relates to a living person who can be from that data (a ‘data subject’) on its own, or when taken together with other information which is likely to come into our possession. It includes any expression of opinion about the person and an indication of the intentions of us or others, in respect of that person. It does not include anonymised data.  It may include but is not exclusively restricted to contact details and date of birth, bank details and information in relation to tax status including national insurance number, identification documents including passport and driving licence and other information, an agreement with us, images (whether captured on CCTV, by photograph or video);

GDPR: The General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) is a regulation by which the European Parliament, the Council of the European Union and the European Commission intend to strengthen and unify data protection for all individuals within the European Union (EU). It also addresses the export of personal data outside the EU.

Data Controller: the entity that determines the purposes, conditions and means of the processing of personal data

Data Protection Officer (DPO): an officer of Fiscale who is responsible for ensuring that Fiscale is adhering to the policies and procedures set forth in the GDPR

Data Subject: a natural person whose personal data is processed by a controller or processor

Processing: any operation performed on personal data, whether or not by automated means, including collection, use, recording, etc.

SAR: Data subjects can make a ‘subject access request’ to find out the information we hold about them.

Subject Access Right: also known as the Right to Access, it entitles the data subject to have access to and information about the personal data that a controller has concerning them.

2018 Act: the Data Protection Act 2018.

Overview

Fiscale takes the security and privacy of data seriously. We need to gather and use information or ‘data’ as part of our business and to manage our relationships. We intend to comply with our legal obligations under the 2018 Act and GDPR in respect of data privacy and security. We have a duty to notify a data subject of the information contained in this policy.

Fiscale has measures in place to protect the security of data in accordance with our Data Security Policy.

Fiscale will hold data in accordance with our Data Retention Policy.

Fiscale will only hold data for as long as necessary for the purposes for which we collected it.

Fiscale is a ‘data controller’ for the purposes of data held by Fiscale.

This policy explains how Fiscale will hold and process Data and explains the rights of data subjects.
It is intended that this policy is fully compliant with the 2018 Act and the GDPR. If any conflict arises between those laws and this policy, Fiscale intends to comply with the 2018 Act and the GDPR.

Data Protection Principles

Data must be processed in accordance with six ‘Data Protection Principles.’ It must:

  • be processed fairly, lawfully and transparently;
  • be collected and processed only for specified, explicit and legitimate purposes;
  • be adequate, relevant and limited to what is necessary for the purposes for which it is processed;
  • be accurate and kept up to Date. Any inaccurate data must be deleted or rectified without delay;
  • not be kept for longer than is necessary for the purposes for which it is processed; and
  • be processed securely.

We are accountable for these principles and must be able to show that we are compliant.
This policy applies to all Data whether it is stored electronically, on paper or on other materials.
Data might be provided to us by data subjects, or someone else (such as a Business Contact).

‘Processing’ means any operation which is performed on data such as:

  • collection, recording, organisation structuring or storage;
  • adaption or alteration;
  • retrieval, consultation or use;
  • disclosure by transmission, dissemination or otherwise making available;
  • alignment or combination; and
  • restriction, destruction or erasure.

This includes processing Data which forms part of an electronic filing system and any automated processing.

How will we process your Data?

We will use your Data for:

  • complying with any legal obligation; or
  • if it is necessary for our legitimate interests.

However, we can only do this if your interests and rights do not override ours. You have the right to challenge our legitimate interests and request that we stop this processing. See details of your data subject rights below.

We can process Data for these purposes without the knowledge or consent of the data subject.

We will not use Data for an unlawful purpose.

If you choose not to provide us with certain Data you should be aware that we may not be able to carry out certain parts of the contract between us. For example, if you do not provide us with your bank account details we may not be able to pay you or in the case of a client, to pass on refunds from HMRC paid to the Fiscale Client Account as a consequence of our making a R&D Tax Credit claim on your behalf.

Examples, but not necessarily an exhaustive list, of when we might process your Data

We have to process your Data in various situations.

  • to carry out the contract between us including where relevant, its termination;
  • monitoring our compliance and that of others with our policies and our contractual obligations;
  • running our business and planning for the future;
  • the prevention and detection of fraud or other criminal offences, including Anti-Money laundering Legislation;
  • to defend Fiscale in respect of any investigation or litigation and to comply with any court or tribunal orders for disclosure;
  • for any other reason which we may notify you of from time to time.
  • Complying with our legal obligations of whatsoever nature

Data Protection Impact Assessment

This may be carried out by Fiscale for all and any new projects and/or new uses of data.

Sharing your Data

Whatever the nature of your relationship with Fiscale we may share your Data with workers,, group companies, Franchisees ,our sub-contractors or relevant third parties to carry out our contractual obligations, or for our legitimate interests.

We require those recipients to keep your Data confidential and secure and to protect it in accordance with the law and our policies. They are only permitted to process your data for the lawful purpose for which it has been shared and in accordance with our instructions.

  • We will not share Data informally.
  • We will keep Data secure and not share it with unauthorised people.
  • We will regularly review and update Data which we have to deal with for our work.
  • We will not make unnecessary copies of Data and will keep and dispose of any copies securely.
  • We will use strong passwords as required by our Data Security policy and Mobile Device Policy.
  • We take necessary precautions to protect data by securing access to systems whilst not in use, as required by our Data Security policy and Mobile Device Policy.
  • We have the capability to anonymise data on our Customer Database so that the data subjects cannot be identified. We will use this where we want to keep Company information, but not the associated data.
  • We do not store Data on personal computers or other mobile devices for longer than is necessary to process the infomation.

Data is never transferred outside the European Economic Area, except in compliance with the law and under authorisation of the Data Protection Officer and consent of the data processor.
Printed data is shredded and disposed of securely when finished with, in compliance with our Data Security Policy.

Our workers will ask for help from our Data Protection Officer if they are unsure about data protection or if they notice any areas of data protection or security we can improve upon.

Data Retention

We will only keep data for as long as is required to fulfill our legal obligations. We will not keep data longer than necessary and will keep this under review.

How to deal with data breaches

Fiscale has robust measures in place to minimise and prevent data breaches from taking place. Should a breach of Data occur (whether in respect of you or someone else) then we will take notes and keep evidence of that breach. If the breach is likely to result in a risk to the rights and freedoms of individuals, then we will also notify the Information Commissioner’s Office within 72 hours. If relevant, Data Subjects will be advised of any high risk breach.

If you are aware of a data breach you should contact our Data Protection Officer immediately and keep any evidence you have in relation to the breach.

Subject Access Requests

Data Subjects can make a ‘Subject Access Request’ (‘SAR’) to obtain a copy of the information we hold about them. This request must be made in writing.

If you would like to make a SAR in relation to your own Data, you should make this in writing to our Data Protection Officer. We will respond within one month unless the request is complex or numerous, in which case the period in which we will respond could be extended by a further two months.

There is no fee for making a SAR. However, if a request is manifestly unfounded or excessive we may charge a reasonable administrative fee or refuse to respond to the request.

Your data subject rights

You have the right to information about the Data we hold and process and on what basis it is held.

A Data Subject has the right to access any Data by way of a Subject Access Request (see above).
Inaccuracies in data can be corrected by contacting the Data Protection Officer.

A Data Subjects has the right to request that we erase Data where we were not entitled under the law to process it or it is no longer necessary to process it for the purpose it was collected by contacting the Data Protection Officer.

A Data Subject has the right to object to data processing where we are relying on a legitimate interest, direct marketing to do so and the data subject believes that his/her rights and interests outweigh our own and you wish us to stop.

Where professionally required and legally possible, Fiscale will port your data to another Data Controller without fees.

In most situations we will not rely on your consent as a lawful ground to process your data. If we do however request your consent to the processing of your Data for a specific purpose, you have the right not to consent, or to withdraw your consent later, subject to contract.

You have the right to complain to the Information Commissioner. You can do this by contacting the Information Commissioner’s Office directly. Full contact details including a helpline number can be found on the Information Commissioner’s Office website (www.ico.org.uk). This website has further information on your rights and our obligations.

Implementation of Policy

This Policy takes effect from 25 May 2018 and is not retroactive.

Fiscale’s Data Protection Officer is responsible for reviewing this policy and updating the Board of Directors on Fiscale’s data protection responsibilities and any risks in relation to the processing of data. You should direct any questions in relation to this policy to Fiscale’s Data Protection at dpo@fiscale.com