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.
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.
We obtain personal data about you, for example, when:
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:
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.
The information we hold about you may include the following:
In relation to recruitment and staffing we will collect the following information:
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:
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.
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.
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.
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.
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:
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.
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:
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.
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.
We will not transfer the personal data we collect about you outside of the EEA except for the Isle of Man.
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:
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.
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:
If you want to exercise any of the above rights, please email our Data Privacy Manager, Pauline Smith on firstname.lastname@example.org 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.
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 email@example.com 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.
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.
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 firstname.lastname@example.org or 01624 838434.
You also have the right to make a complaint to either:-
Isle of Man Information Commissioner’s Office
PO Box 69
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
Cheshire SK9 5AF
Telephone - 0303 123 1113 (local rate) or 01625 545 745
Website - https://ico.org.uk/concerns