Privacy Policy

1. PURPOSE OF THIS 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 and any other national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the Isle of Man and UK (‘Data Protection Legislation’).

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

2. ABOUT US

Greenwave Limited and Greenwave Accountants Limited (“Greenwave Accountants”, "we", “us”, “our” and “ours”) are business advice, accountancy and tax advisory firms.

Greenwave Limited is registered in the Isle of Man as a limited company (registered number 127426C) and the registered office is 21 Ballastrooan, Colby, Isle of Man, IM9 4NR.

Greenwave Accountants Limited is registered in England and Wales as a limited company (registered number 10125272) and the registered office is at Dewis Dyddyn, Carrog, Corwen, Denbighshire, LL21 9BE.

For the purpose of the Data Protection Legislation and this notice, we are the ‘data controller’ or the ‘data processor’. As data controller, this means that we are responsible for deciding how we hold and use personal data about you. As data processor, this means we are responsible for processing the data on your behalf. We are required under the Data Protection Legislation to notify you of the information contained in this privacy notice.

We have appointed a Data Privacy Manager, Pauline Smith who is our Data Protection Point of Contact and is responsible for assisting with enquiries in relation to this privacy notice or our treatment of your personal data. Should you wish to contact our Data Protection Point of Contact you can do so using the contact details noted at paragraph 12 (Contact Us), below.

3. HOW WE MAY COLLECT YOUR PERSONAL DATA

We obtain personal data about you, for example, when:

  • you request a proposal from us in respect of the services we provide;
  • you OR your employer OR our clients engage us to provide our services and also during the provision of those services;
  • you contact us by email, telephone, post, or social media, (for example when you have a query about our services);
  • from third parties and/or publicly available resources (for example, from your employer or from Companies Registries and Companies House); or
  • When you apply for employment within our organisation.

We collect personal data when an individual gets in touch with us.  In these cases, the individual is in control of the personal data shared with us and we will only use the data for the purpose of responding to the communication.

Our policy is to collect only the personal data necessary for agreed purposes and we ask our clients to only share personal data with us where it is strictly needed for those purposes.

Where we need to process personal data to provide professional services, we ask our clients to provide the necessary information to the data subjects regarding its use.  Our clients may use relevant sections of this privacy statement or refer data subjects to this privacy statement if they consider it appropriate to do so.

Given the diversity of the services we provide, we process many categories of personal data, including as appropriate for the services we are providing:

  • Personal details (e.g. name, age/date of birth, gender, marital status, country of residence);
  • Contact details (e.g. email address, contact number, postal address);
  • Business Activities
  • Family information
  • Financial details (e.g. salary and other income and investments and other financial interests, benefits, tax status, bank details);
  • Income, taxation and other financial-related details; and
  • Job details (e.g. role, grade, experience and performance information).

For certain services or activities, we may process special categories of personal data (such as in performing know your client (KYC) checks) and providing tax services, which involve us processing government identification documents that may contain biometric data or data revealing racial or ethnic origin.

Also when permitted by law (e.g. under a public interest condition) or with an individual's consent, we may also collect special categories of personal data.  Examples of special categories include race or ethnic origin; political opinions; religious or philosophical beliefs; trade union membership; physical or mental health; genetic data; biometric data; sexual life or sexual orientation; and, criminal records.

Generally, we collect personal data from our clients or from third parties when providing services to the relevant client.

4. THE KIND OF INFORMATION WE HOLD ABOUT YOU

The information we hold about you may include the following:

  • your personal details (such as your name and/or address);
  • 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 our clients, or information from our member network firms.

In relation to recruitment and staffing we will collect the following information:

  • Full Name
  • Contact details
  • Date of birth
  • Marital status
  • Gender
  • Annual leave entitlement
  • Sick leave
  • Performance
  • Salary
  • Bank details
  • Biometric
  • Qualifications and education history
  • Employment history and references
  • Information provided at interview
  • Diversity and equal opportunities
  • Criminal Records
  • Information from Social Media Sites
  • Tax and National Insurance Number

5. HOW WE USE PERSONAL DATA WE HOLD ABOUT YOU

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.

For the processing of your personal data to be lawful we rely upon the following legal bases:

Contractual

We may process your personal data for the purposes necessary for the performance of our contract with our clients or because you have asked us to take specific steps prior to entering in to a contract. This may include processing your personal data where you are an employee, subcontractor, supplier or customer of our client.

Or in relation to our employment contract with you.

Legal obligation

Whereby the processing of your personal data is necessary for us to comply with the law (not including contractual obligations). For example where we are required to provide information to the authorities pursuant to Anti-Money Laundering and Countering the Financing of Terrorism legislation.

Legitimate interests

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 processing is necessary for the purposes of the legitimate interest to administer, manage and develop our business and services.

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.

Security, quality and risk management activities

We have security measures in place to protect our and our clients’ information (including personal data), which involve detecting, investigating and resolving security threats.  Personal data may be processed as part of the security monitoring that we undertake; for example, automated scans to identify harmful emails.

We monitor the services provided to clients for quality purposes, which may involve processing personal data stored on the relevant client file.

We have policies and procedures in place to monitor the quality of our services and manage risks in relation to client engagements. We collect and hold personal data as part of our client engagement and acceptance procedures. As part of those procedures we carry out searches using publicly available sources (such as internet searches and sanctions lists) to identify politically exposed persons and heightened risk individuals and organisations and check that there are no issues that would prevent us from working with a particular client (such as sanctions, criminal convictions (including in respect of company directors), conduct or other reputational issues).

Legal grounds: Legitimate interests

This processing is necessary for the purposes of the legitimate interests pursued by us to ensure network and information security, manage risks to our business and check the quality of our services.

Providing our clients and prospective clients with information about us and our range of services

Unless we are asked not to, we use client and prospective client business contact details to provide information that we think will be of interest about us and our services.  For example, industry updates and insights, other services that may be relevant and invitations to events.

Legal grounds: Legitimate interests

This processing is necessary for the purposes of the legitimate interests pursued by us to promote our business and services.

Complying with any requirement of law, regulation or a professional body of which we are a member

As with any provider of professional services, we are subject to legal, regulatory and professional obligations.  We need to keep certain records to demonstrate that our services are provided in compliance with those obligations and those records may contain personal data.

Legal grounds: Legal obligation or legitimate interests

This processing is necessary for us to comply with a legal obligation; for example, when conducting customer due diligence checks to comply with anti-money laundering regulations and, where we do not have a legal obligation, we have a legitimate interest in processing personal data as necessary to meet our regulatory or professional obligations.

Visitor records:

At present we do not require visitors to our office to sign in. We do keep a record of appointment times and purpose of visit.

Guest WIFI

Wi-Fi is available to visitors but is not monitored.

Providing professional services

We provide a diverse range of professional services Some of our services require us to process personal data in order to provide advice and deliverables.  For example, we need to use personal data to provide individual tax advice, immigration services or pensions advice.

Legal grounds: Performance of a contract, legitimate interests, legal obligation, public interest or consent

This processing is necessary for the performance of the engagement letter (contract) to which our personal client (the data subject) is a party and, where we process personal data about other individuals (such as family members) in order to provide our services, this processing is necessary for the purposes of the legitimate interests pursued by us in providing professional services and our client in receiving professional services.  In some cases, we have a legal obligation to provide the services in a certain way and where we process special categories of personal data, we rely on a relevant public interest condition or consent.

Situations in which we will use your personal data

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;
  • provide you with information related to our services and our events and activities that you request from us or which we feel may interest you, provided you have consented to be contacted for such purposes;
  • seek your thoughts and opinions on the services we provide;
  • notify you about any changes to our services;
  • to verify your identity; and
  • for other legitimate reasons such as for internal compliance and security purposes

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.

Data retention

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.

In the absence of specific legal, regulatory or contractual requirements, our baseline retention period for records and other documentary evidence created in the provision of services is 8 years.

Personal data may be held for longer periods where extended retention periods are required by law or regulation and in order to establish, exercise or defend our legal rights.

In relation to recruitment we will only retain data for successful candidates and therefore you would need to reapply for any relevant roles as we will not hold your details on record for future positions.

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.

Should it be necessary to use your personal data for a new purpose, we will notify you and communicate the legal basis which allows us to do so before starting any new processing.

6. DATA SHARING

Why might you share my personal data with third parties?

We will share your personal data with third parties where we are required by law, where it is necessary to administer the relationship between us or where we have another legitimate interest in doing so.

Which third-party service providers process my personal data?

“Third parties” includes third-party service providers. The following activities are carried out by third-party service providers: IT and cloud services and banking services.

All of our third-party service providers are required to take commercially reasonable and appropriate security measures to protect your personal data. We only permit our third-party service providers to process your personal data for specified purposes and in accordance with our instructions.

What about other third parties?

We may share your personal data with other third parties, for example in the context of the possible sale or restructuring of the business. We may also need to share your personal data with a regulator or to otherwise comply with the law.

7. TRANSFERRING PERSONAL DATA OUTSIDE THE EUROPEAN ECONOMIC AREA (EEA)

We will not transfer the personal data we collect about you outside of the EEA except for the Isle of Man.

8. DATA SECURITY

We take the security of all the data we hold very seriously.

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.

We use encrypted passwords and internet connections. Our staff receive regular training in regard to cyber security.

We have a framework of policies, procedures and training in place covering data protection, confidentiality and security and regularly review the appropriateness of the measures we have in place to keep the data we hold secure.

When and how we share personal data and locations of processing.

We will only share personal data with others when we are legally permitted to do so.  When we share data with others, we put contractual arrangements and security mechanisms in place as appropriate to protect the data and to comply with our data protection, confidentiality and security standards.

Personal data held by us may be shared with:

  • HM Revenue and Customs, United Kingdom BX9 1AS.
  • Income Tax Office, Bucks Rd, Douglas Isle of Man IM1 3PN.
  • Isle of Man Companies Registry, Registries Building, Deemsters Walk, Bucks Road, Douglas IM1 3AR.
  • Companies House; Crown Way, Cardiff CF14 3UZ.
  • DPN Ltd, First Floor, 28 Victoria Street, Douglas, Isle of Man, IM1 2LE.
  • Insurance Companies.
  • Other accountancy firms with your consent if you request specific advice.
  • Your advocates or lawyers.
  • Your bank.
  • Third party organisations including IT support, cloud based software, communication services, website hosting and management, security and storage services.
  • Potential buyers of your business.
  • Law enforcement or other regulatory agencies, including the Institute of Chartered Accountants and England and Wales (ICAEW).

We may send your contact details to carefully chosen contacts when we believe this would be of benefit to your business, if you do not wish us to do this, please advise us of your wishes.

Further details of the service providers we use are available on request.

In the event of a claim or other special circumstances we may need to share your data with our insurers, for Greenwave Limited, Arch Insurance Company (Europe) Ltd, 5th Floor, Plantation Place South, 60 Great Tower Street, London, ED3R 5AZ. Xact Underwriting Services Limited, 6 Lloyd's Avenue, London EC3N 3AX and for Greenwave Accountants Limited, Hiscox Underwriting Limited, 1 Great St Helens London EC3A 6HX.

We use other professional advisers, for example, law firms, as necessary to establish, exercise or defend our legal rights and obtain advice in connection with the running of our business.  Personal data may be shared with these advisers as necessary in connection with the products and services they have been engaged to provide.

We will only respond to requests for personal data where we are permitted to do so in compliance with applicable law or regulations.

9. RIGHTS OF ACCESS, CORRECTION, ERASURE, AND RESTRICTION

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, using the contact details below.

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 email our Data Privacy Manager, Pauline Smith on office@greenwave.im or 01624 838434.

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.

10. RIGHT TO WITHDRAW CONSENT

In the limited circumstances where you may have provided your consent to the collection, processing and transfer of your personal data for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please email our data protection point of contact office@greenwave.im or 01624 838434.

Once we have received notification that you have withdrawn your consent, we will no longer process your personal information (personal data) for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.

11. 1. CHANGES TO THIS NOTICE

Any changes we may make to our privacy notice in the future will be provided to you updated on our website at www.greenwave.im. This privacy notice was last updated on 25 May 2018.

12. CONTACT US

We are generally controllers for the personal data we process, however, we may provide some services, such as payroll services, as a processor (in which case our client is the controller).

If you have any questions regarding this notice or if you would like to speak to us about the manner in which we process your personal data, please email our Data Privacy Manager, Pauline Smith on office@greenwave.im or 01624 838434.

You also have the right to make a complaint to either:-

Isle of Man Information Commissioner’s Office
Head Office
PO Box 69
Douglas
Isle of Man IM99 1EQ
Telephone - 01624 693260

Or the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues, at any time. The ICO’s contact details are as follows:

Information Commissioner's Office

Wycliffe House
Water Lane

Wilmslow

Cheshire SK9 5AF
Telephone - 0303 123 1113 (local rate) or 01625 545 745
Website - https://ico.org.uk/concerns