Data Protection Policy

1. Introduction

1.1 This Policy describes the manner in which Whipsmart Entities (the “We” or “Us”) collect, utilise, and process your personal data in the course of rendering services to our clients (the “Clients”).

1.2 It is imperative that you read this Policy in conjunction with any supplementary privacy policy/notice or fair processing notice that We may furnish on specific occasions when We are engaged in the collection or processing of personal data pertaining to our Clients. This Policy supplements such other policies/notices and Our Terms and Conditions of Business, and does not supersede them.

1.3 We reserve the right to modify the terms of this Policy periodically. This version bears the effective date of 2nd January, 2025.

2. Data Controller and Privacy Officer

2.1 The designated data controller responsible for the collection and processing of information provided by Clients in connection with the provision of Our services is the legal entity contracted to render those services. Said entity can be contacted via email at naeem@whipsmart.co.uk.

2.2 We have appointed a dedicated Privacy Officer to address any inquiries concerning this Policy. The Privacy Officer can be reached at the following email address: naeem@whipsmart.co.uk.

3. Data Collected

3.1 Personal data, or personal information, signifies any information about an individual that can be used to identify that person. It does not encompass data where the identity has been removed (anonymous data).

3.2 We are authorised to collect, utilise, store, and transfer various categories of your personal data as follows:

•  Identity Data: In relation to you or a family member, this includes first name, maiden name, last name, username or similar identifier; marital status; title; date of birth; gender; data contained on a passport, photocard driving licence, or other identity card; and data contained in photographs, videos, and CCTV images.
•  Contact Data: This includes home address and billing address (if different), email address, and telephone numbers.
•  Financial Data: This includes income, personal expenditure, charitable donations, taxation and other financial-related details; investments and other financial interests; bank account and payment card details; pension details; and data relating to the membership of professional bodies.
• Transaction Data: This includes details about payments to and from you and other details of products and services you have purchased from Us.
• Profile Data: This includes your username and password, your interests, preferences, feedback, and survey responses.
• Usage Data: This includes information about how you utilise Our products and services.
• Marketing and Communications Data: This includes your preferences in receiving marketing material from Us and your communication preferences, as well as usage information through email web beacons.

3.3 We additionally collect, utilise, and share Aggregated Data, such as statistical or demographic data, for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. However, if We combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, We treat the combined data as personal data which will be used in accordance with this Policy.

3.4 In the event that you visit Our social media pages or view Our content on social media platforms such as LinkedIn or Facebook, both We and the social media platform provider may collect information about you, including: your social media profile details and user ID, what you say (such as comments) or your actions (such as liking, sharing, or recommending), your country or region (or your precise location if you have provided this in your user profile and you are logged in), your device, and internet connection.

3.5 We may collect special categories of personal data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). We may also collect information about criminal convictions and offences.

4. Method of Personal Data Collection

4.1 You may furnish Us with your Identity, Contact, and Financial Data by completing forms or by corresponding with Us by post, phone, email, or otherwise. This encompasses personal data you provide when you:

• Engage Us to provide services;
•  Subscribe to Our publications;
• Request marketing material to be sent to you;
•  Enter a competition, promotion, or survey;
•  Interact with Us on social media;
• Complete one of Our enquiry forms; or Provide Us with feedback.

4.2 Other data controllers (including Clients) may also provide your personal data to Us.

5. Use of Personal Data

5.1 We will only utilise your personal data where the law permits Us to do so, including in the following circumstances:

• To provide and enhance Our services to you and Our Clients.
• To fulfil Our legal and regulatory obligations.
• To manage Our relationship with you and Our Clients.
• To market Our services.
• For the purposes of recruitment.
•  For other legitimate business purposes.

5.2 Change of Purpose

We will only utilise your personal data for the purposes for which We collected it, unless We reasonably consider that We need to use it for another reason and that reason is compatible with the original purpose. Should you wish to receive an explanation as to how processing for the new purpose is compatible with the original purpose, please contact Our Privacy Officer at: naeem@whipsmart.co.uk.

5.3 Please note that We may process your personal data without your knowledge or consent where this is required or permitted by law.

6. Disclosure of Your Personal Data

6.1 We do not sell, distribute, or otherwise make personal data commercially available to any third party, except as described in this Policy or with your prior permission.

6.2 We may be required to share your personal data with:

•  Other Whipsmart Entities.
•  Other firms within the Whipsmart global network.
•  Our auditors, insurers, or a competent governmental or regulatory body.
•  Third parties to whom We may choose to sell, transfer, or merge parts of Our business or Our assets. Alternatively, We may seek to acquire other businesses or merge with them. Any new owners of Our business may utilise your personal data in the same manner as set out in this privacy policy.
• Third-party service providers (e.g., Microsoft).
• Another third party if Our Client lawfully instructs Us to do so, including the parent entity of an audit client and/or its auditor pursuant to ISA 600.
• Owners of Our Clients, including shareholders.
• Our Clients’ funders.

7. Protection of Your Personal Data

7.1 We take the security of the personal data We hold seriously. Policies and procedures are in place to safeguard it from loss, misuse, and improper disclosure.

7.2 We also have procedures in place to address any suspected personal data breach and will notify you and any applicable regulator of a breach where We are legally required to do so.

7.3 All of Our third-party service providers and other Whipsmart Entities are required to implement appropriate security measures to protect your personal information in line with Our policies. We do not permit Our third-party service providers to utilise your personal information for their own purposes. We only permit them to process your personal information for specified purposes and in accordance with Our instructions.

7.4 To the extent that the processing of personal data involves the transfer of such data to a territory that does not provide an adequate level of protection, We shall implement appropriate safeguards in accordance with applicable data protection legislation. You may request details of any safeguards implemented from Our Privacy Officer at: naeem@whipsmart.co.uk

8. Data Retention

8.1 We will only retain your personal data for as long as necessary to fulfil the purposes for which We collected it, including for the purposes of satisfying any legal, accounting, regulatory, or reporting requirements. To determine the appropriate retention period for personal data, We consider:

• The amount, nature, and sensitivity of the data;
• The potential risk of harm from unauthorised use or disclosure of the data;
• The purposes for which We process the data; and
•  The applicable legal requirements.

8.2 If you have opted out of receiving future publications from Us, your contact details will remain on Our opt-out list to prevent you from receiving any further publications from Us.

9. Your Legal Rights

9.1 We assume responsibility for maintaining an accurate record of personal data once you have submitted the information. Please inform Us of any changes to your information.

9.2 You are entitled to:

•  Request access to your personal data (commonly known as a “Subject Access Request”).
•  Request the correction or erasure of your personal data.
• Object to the processing of your personal data.
•  Request a restriction of processing of your personal data.
• Request the transfer of your personal data to you or to a third party.
•  Withdraw consent at any time, where We are relying on consent to process your personal data.

9.3 To exercise any of the above rights, please contact Our Privacy Officer at: naeem@whipsmart.co.uk.

9.4 We may need to request specific information from you to help Us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to expedite Our response.

10. Cookies

10.1 Our website utilises cookies. For further information, please refer to Our cookie policy.

11. Third-Party Websites and Social Media Platforms

11.1 We are not responsible for the privacy policies of third-party websites or social media platforms to which links may be provided via Our website. You should review the privacy policy of the relevant third party before providing any information.

11.2 You may wish to participate in the various social media platforms hosted by Us. However, We do not accept any responsibility for any personal information that you share on such platforms that is subsequently used, misused, or otherwise appropriated by another user.

12. Complaints

12.1 If you have concerns about an alleged breach of privacy law or any other regulation by Us, please contact Our Privacy Officer who will ensure that your complaint is investigated.

12.2 You also have the right to complain to the Information Commissioner’s Office, the UK supervisory authority for data protection issues.