Privacy notice

Bishop Fleming Privacy Notice

Version 1.7 | 23 February 2021

Your privacy is important to us

At Bishop Fleming, we are committed to protecting and safeguarding your personal information whilst respecting your privacy.

This privacy notice explains what happens to any personal data that you provide to us, or that we collect from you. We do update this policy from time to time so please do review this policy regularly.

Your privacy with Bishop Fleming: in a nutshell

We care about your privacy and want you to be confident in the way we use your personal information – which is why we’ve put together this handy summary so that you can get the facts at a glance.

If you’re looking for the full version of our policy, you can find it below

Why do you need my personal information at all?

Your personal information helps us give you the best service possible. If you instruct us as your advisers, we’ll obviously need to store and use your personal data in order to carry out the service you have contracted us to do.

We’ll sometimes want to use your details to send you information which we feel you’ll be legitimately interested to receive – but you can opt out from these at any time you want by following the unsubscribe links in any email marketing, by changing your marketing preferences or by simply contacting us.

Our full Privacy Notice below explains this in greater detail.

Here are the sorts of things we use your personal information for:

• To provide you with the services you have instructed us to deliver for you
• Sending you compliance and regulatory updates that may affect you
• To send you billing information
• Getting to know you so we can send you information we know you’d be interested in, based on who you are and what services we offer
• To request feedback from you in our client surveys
• To invite you to events we know you’d be interested in, based on who you are and what services we offer
• To recruit and employ our people

Purpose of this privacy notice

This notice describes how we collect and use personal data about you, in accordance with the General Data Protection Regulation (GDPR), the Data Protection Act [1998 OR 2018] and any other national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK (‘Data Protection Legislation’).

Please read the following carefully to understand our practices regarding your personal data and how we will treat it.

About us

This policy applies to the following businesses:

Bishop Fleming LLP, Bishop Fleming Bath Limited, Bishop Fleming Payroll Services Limited, Bishop Fleming Corporate Finance Limited and Bishop Fleming Trustee Company Limited all operate under the Bishop Fleming brand and are together known as ‘Bishop Fleming’. Any reference in this communication or its attachments to ‘Bishop Fleming’ is to be construed as a reference to the Bishop Fleming entity from which the advice originates.

• Bishop Fleming LLP is a limited liability partnership registered in England & Wales, registered number OC391282.
• Bishop Fleming Bath Limited is a limited company registered in England and Wales, registered number 07869428.
• Bishop Fleming Payroll Services Limited is a limited company registered in England and Wales, registered number 07604987.
• Bishop Fleming Corporate Finance Limited is a limited company registered in England and Wales, registered number 04081902.
• Bishop Fleming Trustee Company Limited is a limited company registered in England and Wales, registered number 08008583.

The registered office of all of the above entities is at Stratus House, Emperor Way, Exeter Business Park, Exeter, EX1 3QS.

Glossary of useful terms

What is personal data?

The meaning of ‘personal data’ refers to any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier. It may include (but is not limited to):

• Your name and your contact information
• National Insurance Numbers
• Employment information
• Financial information such as credit history
• Specific data relevant to the service we provide you with, such as personal tax information or payroll and accounting data

What is sensitive personal data?

The GDPR refers to sensitive personal data as “special categories of personal data”. The special categories specifically include racial or ethnic origin, trade union membership, data where processed to uniquely identify an individual.

What is a Data Controller?

A ‘data controller’ determines the purposes and means of processing personal data. For our firm, the data controller is: Bishop Fleming, Stratus House, Emperor Way Exeter Business Park, Exeter EX1 3QS.

Our Privacy Officer is Caroline Smale, Partner, who can be contacted at the above address or on privacy@bishopfleming.co.uk or by calling 01392 448800.

What is a Data Processor?

A “data processor” is a person or organisation which processes personal data for the controller.

What is Data Processing?

Data processing in relation to information or data means obtaining, recording or holding the information or data or carrying out any operation or set of operations on the information or data, including:

1. the organisation, adaptation or alteration of the information or data,
2. the retrieval, consultation or use of the information or data,
3. the disclosure of the information or data by transmission, dissemination or otherwise making available, or
4. the alignment, combination, blocking, erasure or destruction of the information or data.

Business to Business or Business to Consumer?

As a business ourselves, we are instructed by many other types of business, including but not limited to: listed companies (PLCs), limited companies (LTD), LLP incorporated partnerships, trusts and foundations, local authorities, government institutions, public sector organisations, schools and charities.
However, we also advise individual clients. This can include private clients, sole traders, unincorporated partnerships, trusts and foundations.

Information we collect and how we do it
We may process your personal data for purposes necessary for the performance of our contract with you OR your employer OR our clients and to comply with our legal obligations such as anti-money laundering legislation.

We may process your personal data for the purposes necessary for the performance of our contract with our clients. This may include processing your personal data where you are an employee, subcontractor, supplier or customer of our client.

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.

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.

Information about connected individuals

We may need to gather personal information about your close family members and dependents in order to provide our service to you effectively. In such cases it will be your responsibility to ensure that you have the consent of the people concerned to pass their information on to us. Please make them aware of this privacy notice.

How will we use the information about you and why?

We may use your personal data in order to:

• carry out our obligations arising from any agreements entered into between you OR your employer OR our clients and us (which will most usually be for the provision of our services);
• carry out our obligations arising from any agreements entered into between our clients and us (which will most usually be for the provision of our services) where you may be a subcontractor, supplier or customer of our client;
• seek your thoughts and opinions on the services we provide (such as our client survey) and
• provide information to you that you request from us relating to our products or services.
• provide information to you relating to other products that may be of interest to you. See marketing below.
• notify you about any changes to our services.

In some circumstances we may anonymise or pseudonymise the personal data so that it can no longer be associated with you, in which case we may use it without further notice to you.

If you refuse to provide us with certain information when requested, we may not be able to perform the contract we have entered into with you. Alternatively, we may be unable to comply with our legal or regulatory obligations.

We may also process your personal data without your knowledge or consent, in accordance with this notice, where we are legally required or permitted to do so.

Change of purpose
Where we need to use your personal data for another reason, other than for the purpose for which we collected it, we will only use your personal data where that reason is compatible with the original purpose.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Disclosing your information

We will not disclose your personal information to any other party other than in accordance with this privacy notice and in the circumstances detailed below:

• In the event that we sell any or all of our business to the buyer.
• Where we are legally required by law to disclose your personal information.
• To further fraud protection and reduce the risk of fraud.

Transferring your information outside of Europe

For the purposes of providing our services to you, we may transfer your personal data to other professional organisations outside the European Economic Area which do not have the same level of data protection as the UK. We will only do this when appropriate, for example when we work with foreign professionals on your behalf to provide you with certain services, or where we provide the data at your request. Where this is the case, we will ensure that your personal data is protected at all times. We have in place EU model Contractual Clauses with professional organisations in non-EU countries which contractually require your personal data to be safeguarded in accordance with the law.

You can find the current version of these clauses here. These other professional organisations include Kreston International member firms and AdvanceTrack Outsourcing. We reserve the right to change these professionals as and when appropriate but will keep you informed of any changes that affect you.
We also make use of Microsoft cloud services for some of our operational systems. Microsoft has in place EU model contractual clauses in all of its volume licensing agreements and is EU-US privacy shield certified.

Security precautions in place for data collected

We have put in place commercially reasonable and appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.

Profiling

We may use your personal information to create a profile of your interests and preferences so that we can contact you with information relevant to you. We may make use of extra information about you when it is available from external sources to help us do this effectively. We may also use your personal information to detect and cut fraud and credit risk.

Marketing

We would like to send you information about our services which may be of interest to you. We strive to provide you with choices regarding certain personal data uses, particularly around marketing.

You have a right at any time to stop us from contacting you for marketing purposes. If you have received marketing communications by email from us, those communications will contain an unsubscribe link to change your marketing preferences or unsubscribe from marketing communications altogether.
To manually opt out you can also email: privacy@bishopfleming.co.uk.

Recruitment and HR

We will collect and hold information on job applicants, including information you provide to us in your application, or provided to us by recruitment agencies, as well as information on you from any referees you provide.

We use this as necessary to enter into an employment contract with you, and for our legitimate interests in evaluating candidates and recording our recruitment activities, and as necessary to exercise and perform our employment law obligations and rights.

You must provide certain information (such as your name, contact details, professional and educational history) for us to consider your application fully. If you have not provided all of this information, we may contact you to ask for it. If you do not wish to provide this information, we may not be able to properly consider your application.

If you are listed as a referee by an applicant, we will hold your name, contact details, professional information about you (such as your employer and job title) and details of your relationship with the applicant. We will use this information as necessary for our legitimate interests in evaluating candidates and as necessary to exercise and perform our employment law obligations and rights. Your information will be kept alongside the applicant’s information.

If you are listed by someone who works for us, as an emergency contact or a beneficiary under our pension or other similar schemes, we will hold your name, contact details and details of your relationship with that worker. We will use this to contact you as necessary to carry out our obligations under employment law, to protect the vital interests of that worker, and for our legitimate interests in administering our relationship with that worker. Your information will be kept until it is updated by that worker, or we no longer need to contact that worker after they have stopped working for us.

Our Cookie Policy and links

What Are Cookies?

As is common practice with almost all professional websites, this site uses cookies, which are tiny files that are downloaded to your computer, to improve your experience.

Disabling Cookies

You can prevent the setting of cookies by adjusting the settings on your browser (see your browser Help for how to do this). Be aware that disabling cookies will affect the functionality of this and many other websites that you visit. Disabling cookies will usually result in also disabling certain features of this site. Therefore, it is recommended that you do not disable cookies.

The Cookies We Set

We set a Cookie to record that you have accepted the use of Cookies. If you have an account on our website (e.g. to manage your mailing preferences) a cookie will also be set when you log in to allow you to access your personal areas of the site.

Third Party Cookies

In some special cases, we also use cookies provided by trusted third parties. The following section details which third party cookies you might encounter through this site.

This site uses Google Analytics which is one of the most widespread and trusted analytics solutions on the web for helping us to understand how you use the site and ways that we can improve your experience. These cookies may track things such as how long you spend on the site and the pages that you visit so we can continue to produce engaging content.

For more information on Google Analytics cookies, see the official Google Analytics page.

Third party analytics are used to track and measure usage of this site so that we can continue to produce engaging content. These cookies may track things such as how long you spend on the site or pages you visit which helps us to understand how we can improve the site for you.

We also use social media buttons and/or plugins on this site that allow you to connect with your social network in various ways. For these to work, social media sites including Facebook, Twitter, and LinkedIn, will set cookies through our site which may be used to enhance your profile on their site or contribute to the data they hold for various purposes outlined in their respective privacy notices.

How long will we hold your data for?

We will only retain your personal data for as long as is 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.

Contracted Services

We will hold your data for 7 years in line with our regulatory requirements.

Marketing
We will hold your data for a period of 6 years with a review every 2 years. You will have the opportunity to opt out or update or delete data at any point should you need to do so and details are set out in this policy as to how to do that.

Recruitment

If you are successful in your application, your information will be used and kept in accordance with our internal privacy notice and retention policy held on our Intranet, which you will have access to.

If you are not successful in your application, your information will be held for up to 12 months after the relevant round of recruitment has finished, at which stage it will be removed, unless you re-apply when given the option to do so. (You will be sent an email giving you this option).

To manually opt out at any time, you can also email: jobs@bishopfleming.co.uk

Access to your information, correction, portability, and deletion

Your duty to inform us of changes

It is important that the personal data we hold about you is accurate and current. Should your personal information change, please notify us of any changes of which we need to be made aware by contacting us by emailing privacy@bishopfleming.co.uk or writing to the above address.

Your rights in connection with personal data

Under certain circumstances, by law you have the right to:

• Request access to your personal data. This enables you to receive details of the personal data we hold about you and to check that we are processing it lawfully.
• Request correction of the personal data that we hold about you.
• Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have exercised your right to object to processing (see below).
• Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this basis. You also have the right to object where we are processing your personal information for direct marketing purposes.
• Request the restriction of processing of your personal data. This enables you to ask us to suspend the processing of personal data about you, for example if you want us to establish its accuracy or the reason for processing it.
• Request the transfer of your personal data to you or another data controller if the processing is based on consent, carried out by automated means and this is technically feasible.

If you want to exercise any of the above rights, please contact Caroline Smale, Partner and Privacy Officer, Bishop Fleming, Stratus House, Emperor Way Exeter Business Park, Exeter EX1 3QS or email: privacy@bishopfleming.co.uk.

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.

Other websites

On occasion we include links to third parties on this website. Where we provide a link it does not mean that we endorse or approve that site’s policy towards visitor privacy. You should review their privacy notice before sending them any personal data. This privacy notice only extends to Bishop Fleming.

Changing our Privacy Notice

This current privacy notice is version 1.7 and has been updated on 23 February 2021 in accordance with the new GDPR guidance.
Our privacy notice may need to change from time to time, so we’ll continue to review this policy and will display any changes on our website.

How to contact us

If you have any questions about our privacy notice or information we hold about you, please feel free to contact us in the first instance at:

E: privacy@bishopfleming.co.uk
T: 01392 448800

Or write to us at Caroline Smale, Partner and Privacy Officer, Bishop Fleming, Stratus House, Emperor Way Exeter Business Park, Exeter EX1 3QS.

You also have the right to take this up with the relevant supervisory authority which, in the UK is the Information Commissioner’s Office.