Last updated: November 2021
Arkle Insolvency Limited (‘We’, ‘Us’) are committed to protecting and respecting your personal information. This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
By visiting www.arkleinsolvency.co.uk you are accepting and consenting to the practices described in this policy.
For the purpose of the Data Protection Act 2018 (the Act), the data controller is Arkle Insolvency Limited, The Granary, 50 Barton Road, Worsley, M28 4EB.
Data Protection law says that we can use personal information only if we have a proper reason to do so. This includes sharing it outside Arkle Insolvency Limited. The law says we must have one or more of these reasons:
- To fulfil a contract we have with you, or
- When it is our legal duty, or
- When it is in our legitimate interest, or
- When you consent to it.
The purpose of processing the data will be to assess your financial position, advise you with regard to the best solutions for your financial situation and, where appropriate administer the solution.
We have a contractual (or pre-contract) obligation to process your personal data in order to provide you with our services.
Once an Insolvency Practitioner is appointed, we are obliged to process personal data to comply with the law and therefore have a legal duty to use your personal information.
We rely on our legal obligation under the Insolvency Act 1986 and its subordinated legislation including any rules, regulations or orders, as from time to time re-enacted or amended and the Insolvency (Northern Ireland) Order 1989 and its subordinate legislation.
Source of Information
The information we hold about you comes from a variety of sources.
Data you give us:
- Directly when you apply for, or enquire about, our services.
- When you talk to us on the phone.
- When you use our website.
- E-mails and letters.
Data from third parties we work with:
- Information we receive about you from sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers etc.
- Information we receive about you if you use any of the other websites we operate or the other services we provide.
- In this case we will have informed you when we collected that data if we intend to share those data internally and combine it with data collected on this site. We will also have told you for what purpose we will share and combine your data.
- Any information provided to us by authorised third parties such as partners; civil partners spouses friends or relatives who may be assisting you and us in the provision of our legal services to you.
- Other organisations such as credit reference agencies and fraud prevention agencies.
- By way of an online search to verify your identity.
- Creditor and bank statements and publicly available information such as the Land Registry, local council websites and valuation websites.
Information we collect about you.
- With regard to each of your visits to our site we will automatically collect the following information:
- Technical information, including the Internet Protocol (IP) address used to connect your computer to the Internet.
- Browser type and version, time zone setting, browser plug-in types and versions, operating system and platform.
- Information about your visit, including the full Uniform Resource Locators (URL), clickstream to, through and from our site including date and time, products you viewed or searched for and page response times.
- Download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, and any phone number used to call our customer service number.
We use Facebook for paid advertising. When you visit this site by that channel, a cookie is stored on your device (subject to your privacy settings), which allows us to re-target you with ads once you leave this site and visit other websites which use Facebook to display ads.
Adwords Remarketing (Google Inc.)
We use Google for paid advertising. When you visit this site by that channel, a cookie is stored on your device (subject to your privacy settings), which allows us to re-target you with ads once you leave this site and visit other websites which use Google to display ads.
Bing Remarketing (Microsoft Inc.)
We use Bing for paid advertising. When you visit this site by that channel, a cookie is stored on your device (subject to your privacy settings), which allows us to re-target you with ads once you leave this site and visit other websites which use Bing to display ads.
Information we collect from you
We will collect and process data about you including:
- Name (including former names), address and all contact details.
- Date of birth.
- The number and age of any dependents.
- Your current and any former marital status.
- Your current and any former residential property occupation and ownership.
- Your current and former employment details.
- Your involvement in any form of business including any Limited Company or Partnership.
- Your current and historical banking arrangements.
- Your current and historical assets position including disposals of assets.
- Your current and historical liabilities to creditors.
- Your current income and expenditure.
- Your current status in terms of any ongoing legal proceedings.
- Your information and explanations in relation to becoming insolvent and any steps that you have taken to deal with such insolvency.
- Your current and historical tax affairs.
Where you specifically give us consent to do so we may collect and process data regarding your health or criminal offences so far as they are relevant to your financial circumstances.
How we use your information
The information we hold about you will be used to:
- Enable us to perform our legal obligations under the provisions of the current applicable legislation.
- Carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us.
- Provide you with information about other goods and services we offer that are similar to those that you have already purchased, agreed to or enquired about.
- Provide you, or permit selected third parties to provide you, with information about goods or services we feel may interest you. If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale or negotiations of a sale to you. If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this. If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data.
- Notify you about changes to our service.
- Ensure that content from our site is presented in the most effective manner for you and for your computer.
- For trouble shooting and data analysis.
- Provide you with other services and goods that we have to offer. If you are an existing client of ours and you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data.
- Send notifications to you regarding any changes to our business.
Information we receive from other sources will be combined with information we have already received from you.
Disclosure of your information
You agree that we have the right to share your personal information with:
- Any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
- Any third-party company to whom we may sub-contract a number of duties and processes in order that we may more effectively fulfil our obligations including:
- analytics and search engine providers that assist us in the improvement and optimisation of our site.
- credit searches through a third party.
- These companies will undertake to deal securely with your information and in accordance with current legislation.
We will disclose your personal information to third parties:
- In the event that we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of such business or assets.
- If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Terms and conditions of supply and other agreements; or to protect the rights, property, or safety of us, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
- If your Individual Voluntary Arrangement (IVA) is approved it will be published on the IVA register run by the Insolvency Service. The details contained in the IVA register are shared with credit reference agencies, as well as being open for public inspection.
- We will use the information to maintain our case records as required by legislation and our Recognised Professional Body (RPB). We will share data with our RPB in order to facilitate any monitoring and inspection regime in force.
The data will be held and dealt with in accordance with current legislation. We will need to process financial transactions (collect payments from you and distribute payments to your creditors).
We have a legal obligation to prevent and detect crime, fraud and corruption.
Where we store your personal data
The personal data you provide to us is stored on our secure servers to ensure data protection, integrity and confidentiality.
The security of your data is important to us however no method of transmission or storage of data is 100% secure. While we do our best to ensure the security of your data, we cannot guarantee its absolute safety.
When you submit your data through to us, we may then transfer it to our associates. Such a transfer may include transfer of information across borders depending on where the associate is located. This means your data may be transferred to, and stored, in computers outside of your state or country and the data protection laws may be different from those where you live. By agreeing to this policy, you agree to such a transfer.
Where Information is shared with any third parties, companies, and sub-contractors, located outside of the European Economic Area, we will ensure that they uphold the requirements of any current legislation with regard to the accuracy and security of the data.
We will store the information we collect about you online for the time scales set out below.
How long we retain your personal information for
Insolvency Practitioners are required by the framework that we operate under to retain our case files and any associated information for a period of 6 years after we leave office. The individual circumstances of your case may require us to hold the information longer. We will only do so if required to by the legislation in force at the time.
If you provide your personal information and your application cannot go ahead we will retain your information for 6 years in the case of a rejected or withdrawn IVA at a creditor meeting and 12 months in the case of an application where no creditor meeting has been called.
At your request, we will tell you what personal data about you is being processed, on what basis, and by whom.
If you decide your data should not be processed for one or more purposes, you may withdraw your consent from using your data in that way. Your request will be actioned as soon as practically possible however such a request will not take effect immediately and you may still be contacted in the meantime.
You may ask us to amend inaccurate, incomplete or outdated personal data at any time by applying directly to us using the contact information set out below. We may ask you to evidence any changes that you want us to make.
You have the right to request that all personal data we have collected about you be deleted from our records and erased from information stored by any third-party organisations processing data on our behalf where:
- You have validly objected to our use of your personal information.
- Our use of your personal information is contrary to law or our other legal obligations.
Please note where we retain your information to enable us to perform our legal obligations and as such these obligations may override all or part of any request that you make.
If data we have collected about you is processed using automated means, you have the right to receive that data in a structured, machine-readable format and to transmit it to another data controller without hindrance. This only applies where the lawful basis for processing this information is consent or performance of a contract.
Access to information
The Data Protection Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. We will supply you with the information within 1 month from the date requested. To do this please contact email@example.com.
How to complain
If you are unhappy with how we have used your personal information, please let us know:
- By phone on: 0161 527 7560
- By email to: firstname.lastname@example.org
- By post to: Complaints Officer, Arkle Insolvency Ltd, The Granary, 50 Barton Road, Worsley, Manchester, M28 2EB
You also have the right to complain to the Information Commissioner’s Office. Find out how to report a concern on their website: www.ico.org.uk.