In this Privacy Notice, ‘Office Holder’ refers to insolvency practitioners (i.e. administrators, liquidators) and, ‘EY’ refers to one or more of the member firms of Ernst & Young Global Limited (‘EYG’), each of which is a separate legal entity. The ‘Company’ is the insolvent entity for which the Office Holders have been appointed for, and ‘You’ refers to the data subjects concerned by the insolvency procedure of the Company (i.e. employees, creditors). The Office Holders may collect and process your personal data in order to meet their legal and regulatory obligations under the Insolvency Act 1986*. EY may process your personal data for the legitimate interests of assisting the Office Holders in the performance of their legal and regulatory obligations with regards with the insolvency procedures. For clarity purposes, the Company remains data controller of your personal data processed for purposes that are not related to the legal and regulatory obligations of the Office Holders.
* or Companies (Jersey) Law, 1991 or Companies (Guernsey) Law, 2008.
Use of personal data
The Office Holders and EY may process your personal data for the following purposes (non-exhaustive list):
- communicating with insolvent company creditors and individual creditors: specific information may be necessary in order to carry out statutory duties under the Insolvency Act 1986 (this information may be used to assess an entitlement to any dividend should one be payable);
- provision of reports to Government departments, regulatory authorities, appropriate bodies in connection with the holding of public office, or responding to requests;
- provision of statutory returns;
- case administration purposes including the realisation of assets, agreement of claims and payment of distributions;
- processing for personal purposes of employees in accordance with the law and the Company’s own policies;
- administration of payroll, raising invoices, credit control and other data relating to the company’s finances;
- the reasonable and lawful provision of information to interested parties;
- the prevention and detection of crime or fraud;
- establishing, exercising or defending legal rights, taking legal advice, taking or defending legal proceedings;
- complying with certain legal obligations to which the company may be subject;
- quality and risk management purposes.
The types of personal data that may be processed for the above purposes include (but are not limited to), name, address, identifying information, payroll information, as well as any information with your dealings with the Company that may be necessary for the performance of the Office Holders statutory obligations during the insolvency procedure. Please note that your personal data may be shared with third-party processors in order to provide ancillary services that necessary for the overall performance of the insolvency procedures such as automated scans to identify harmful emails.
Transfer of Data to countries outside the EEA
In performing their legal and regulatory obligations, the Office Holders and EY may transfer your personal data between countries in which EY member firms operate, including in countries located outside the European Union (“EU”). The purpose of transferring your personal data between EY member firms is to maintain quality and provide an efficient service as required by the engagement with your employer. EY has implemented Binding Corporate Rules (“BCRs”)1 to legitimise transfers of personal data between EY member firms. In addition, the EY member firm in the United States has certified to the EU-US as well as Swiss-US Privacy Shield Frameworks administered by the U.S. Department of Commerce governing certain transfers of data from the EU to the US2.
Security is enabled within the systems which process your personal data so that only the Office Holders and authorised EY personnel are able to access your personal data. The Office Holders and EY will retain your personal data in accordance with their legal and regulatory obligations. The Office Holders and EY will destroy company records after 12 months after the dissolution of the Company in insolvency procedure. The Office Holders and EY may retain the personal data collected in respect of their obligations under Insolvency legislation for up to 10 years after the date of the end of the insolvency procedure.
You have the ability to keep your personal data accurate and up-to-date. If at any time you would like to rectify, erase, or restrict the processing of your personal data, or you would like to obtain confirmation whether or not your personal data is processed, access your personal data, exercise your right to data portability, or if you are concerned about an alleged breach of privacy law or any other regulation, please contact the appointed Office Holders of your case. If you are not satisfied with the way your complaint was resolved, you have the right to complain to the Information Commissioner Office. You may also refer the matter to a court of competent jurisdiction.