Privacy notice

Your privacy is important to us.

Purpose of this notice

This privacy notice describes how Scott-Moncrieff (“we”, “us” or “our”) collects and uses Personal Data, in accordance with the General Data Protection Regulation (GDPR), the Data Protection Act and any other applicable data protection law in the United Kingdom (collectively “data protection law”). 

It applies to Personal Data provided to us, both by individuals or by others.

Personal Data is any information relating to an identified or identifiable living person. Words used with first letter capitalisation (e.g. Personal Data), unless otherwise defined in this policy, have the same definition and meaning as under data protection law.

About us

Scott-Moncrieff, as a major Scottish accountancy and advisory firm, provides professional support to a broad range of individuals and entrepreneurs, charities, businesses and public sector organisations.  Personal interactions are at the core of our business, so we have implemented this policy for reasons of lawfulness, fairness and transparency in relation to our use of Personal Data.

Scott-Moncrieff is a general UK partnership, registered with the Institute of Chartered Accountants in Scotland. Scott-Moncrieff is also registered with the Information Commissioner’s Office (ICO) in the UK as a Data Controller under registration number Z5845627.

Our role

Where we decide how and why Personal Data is processed, we are a Controller. Where we process data on behalf of our clients we are a Processor.  We conduct both these roles, in accordance with guidance issued by both the ICO and the Institute of Chartered Accountants in Scotland (ICAS).

Types of Personal Data

Given the diversity of the services we provide to clients we may process many categories of Personal Data. By way of example, we could collect and process:

  • contact and personal details (including name, address, date of birth, employer name, contact title, phone, email and other business or family contact details);
  • business activities;
  • family information;
  • information about management and employees of clients;
  • income, taxation and other financial-related details;
  • investments and other financial interests;
  • payroll details and other financial information.

For certain services or activities, and when required by law or with an individual's consent, we may also collect Sensitive Personal Data. Examples of special categories include race or ethnic origin; and health data.

Collection of Personal Data

We will only collect such Personal Data that is necessary for us to perform our services and we ask our clients only to share such Personal Data as required for that purpose. Where we identify that a client has provided us with unnecessary Personal Data we will either return that information to its source or destroy it, taking into account our client’s preference wherever possible.

Generally, we collect Personal Data from our clients or from third parties acting on the instructions of the relevant client. Examples of this collection include when:

  • we are contacted about our services;
  • a proposal is requested from us in respect of the services we provide;
  • our clients engage us to provide our services and also during the provision of those services;
  • from third parties (e.g. agents of our clients, or from corporate entities who employee Data Subjects) and/or publicly available resources (e.g. Companies House).

The Scott-Moncrieff website uses cookies to collect data on where visitors to the site are going and what information they are finding the most useful.  Using this data Scott-Moncrieff is better able to tailor the website to fit the needs of those that are visiting it.

Use of Personal Data

Here we set out the basis upon which we process Personal Data. Please note that we may process Personal Data for more than one lawful basis, depending on the specific purpose for which we are using that information.

Performance of a contract

We provide a diverse range of professional services, of which more information can be found here

Many of our services require us to process Personal Data for purposes necessary for the performance of our contract with our clients. For example, this may include processing Personal Data to provide individual tax advice to a client, or processing the Personal Data of a Data Subject who is the employee, subcontractor, supplier or customer of our client.

Legitimate interests

We may process Personal Data for the purposes of our own legitimate interests in the effective delivery of information and services to our clients, and in the effective and lawful operation of our businesses, provided that those interests do not override the interests, rights and freedoms of a Data Subject which require the protection of that Personal Data.

Examples of such processing activities include:

  • managing our relationship with clients;
  • developing our businesses and services (such as identifying client needs and improvements in service delivery);
  • monitoring the services we provide clients for quality control purposes, which may involve processing the Personal Data stored on the relevant professional file;
  • managing risk in relation to client engagements and to the firm generally;
  • maintaining and using IT systems, including security monitoring to identify harmful programs;
  • hosting or facilitating the hosting of events;
  • administering and managing our website and systems and applications.

Compliance with a legal obligation

As with any provider of professional services, we are subject to legal, regulatory and professional obligations. We will process Personal Data as necessary to comply with those obligations.

One example of such processing includes anti-money laundering activities such as carrying out searches (such as internet searches and sanctions lists) to identify politically exposed persons and heightened risk individuals and organisations, and to 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).

We are also to keep certain records to demonstrate that our services are provided in compliance with our legal, regulatory and professional obligations.

Consent

In certain limited circumstances, such as where a Data Subject has agreed to receive marketing communications from us, we may process Personal Data by consent. Where consent is the only basis upon which Personal Data is processed the relevant Data Subject shall always have the right to withdraw their consent to processing for such specific purposes.

It is our policy to only process Personal Data by consent where there is no other lawful basis for processing.

Data retention

We retain the Personal Data processed by us for as long as is considered necessary for the purpose for which it was collected (including as required by applicable law or regulation).

In the absence of specific legal, regulatory or contractual requirements, our standard retention period for records and other documentary evidence created in the provision of services is 7 years. The exceptions to the general 7 year retention period are records (except audit files) relating to trusts, estates, wills, pension schemes, taxation and financial services which we retain for periods up to 30 years.

Our standard email retention period is 7 years.

Our standard retention of unsuccessful or speculative job applicants is 1 year after notifying unsuccessful candidates.

We continually review our data retention policies, and we reserve the right to amend the above retention periods without notice.

Other records, which are not required to be retained as part of our professional services, will be kept for a period of time depending on:

  • the type, amount and categories of Personal Data we have collected;
  • the requirements of our business and the services we provide;
  • the purposes for which we originally collected the Personal Data;
  • the lawful grounds upon which we based our processing;
  • any relevant legal or regulatory obligations;
  • whether the purpose of the processing could be reasonably fulfilled by other means.

Where relevant, such as the retention of employee and prospective employee personal data, we have a separate privacy notice for that category of Personal Data. 

Data security

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

We have put in place appropriate security measures to prevent Personal Data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. This is not only in accordance with our obligations under GDPR, but also in accordance with our regulatory obligations of confidentiality.

In addition, we limit access to Personal Data to those employees, agents, contractors and other third parties who have a business need to know, and our IT systems operate on a ‘least privileged’ basis by default. Third parties will only process 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 any affected Data Subject and any applicable regulator of a suspected breach where we are legally required to do so.

In some circumstances we may anonymise or pseudonymise Personal Data so that it can no longer be associated with the Data Subject, in which case we may use it without further notice.

Data transfers

We will share Personal Data with third parties where we are required by law, where it is necessary to administer our relationships between clients and Data Subjects, or where we have another legitimate interest in doing so.

We are part of a global network of firms and accordingly Personal Data may be transferred to other member firms of the Moore Stephens International network. This may result in Personal Data being transferred outside the countries where we and our clients are located. This includes to countries outside the European Union (EU) and to countries that do not have laws that provide specific protection for personal data. All Personal Data will be provided with adequate protection and all transfers of Personal Data outside the EU are done lawfully. Where we transfer Personal Data outside of the EU to a country not determined by the European Commission as providing an adequate level of protection for Personal Data, the transfers will be under an agreement which covers the EU requirements for the transfer of personal data outside the EU, such as the European Commission approved standard contractual clauses.

Please also see here for a list of firms and countries in which member firms of the Moore Stephens International network operate. We will also share Personal Data with other entities within our group, subject to the safeguards mentioned above.

We will also share Personal Data with third-party service providers.  For example, we use third parties to provide:

  • our IT and cloud services, and to operate and manage these services;
  • professional advisory services;
  • administration services;
  • marketing services;
  • 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.

Rights and responsibilities

A Data Subject’s 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, either through your usual contact at Scott-Moncrieff or by using one of the means set out at the end of this privacy notice.

A Data Subject’s rights in connection with Personal Data

Data Subjects may have certain rights under UK or EU law in relation to the Personal Data held by us about them. In particular, they may have a right to:

  • request access to their Personal Data. This enables a Data Subject to receive details of the Personal Data we hold about them and to check that we are processing it lawfully;
  • ask that we update the Personal Data we hold about them, or correct such Personal Data that they think is incorrect or incomplete;
  • request erasure of their Personal Data. This enables a Data Subject to ask us to delete or remove Personal Data where there is no good reason for us continuing to process it. Data Subjects also have the right to ask us to delete or remove Personal Data where they have exercised their right to object to processing (see below). Please note that we may not always be able to comply with a request for deletion of Personal Data for legal reasons which will be notified, if applicable, after receiving such a request;
  • object to processing of their Personal Data where we are relying on a legitimate interest (or those of a third party) and there is something about their particular situation which makes them want to object to processing on this basis. They also have the right to object where we are processing their personal information for direct marketing purposes;
  • request the restriction of processing of their Personal Data. This enables a Data Subject to ask us to suspend the processing of Personal Data about them, for example if they want us to establish its accuracy or the reason for processing it;
  • request the transfer of their Personal Data to them or another Controller if the processing is based on consent, carried out by automated means and this is technically.

Withdrawal of consent

Where we process Personal Data based on consent, individuals have a right to withdraw consent at any time. However, as noted above, we do not generally process Personal Data based on consent.

To withdraw consent to our processing of your Personal Data please email Marc Shenken at marc.shenken@scott-moncrieff.com or, to stop receiving marketing emails, please click on the unsubscribe link in the relevant email received from us.

Contacting us to exercise a right

Any request by a data subject in accordance with data protection legislation to see any information that is held about them by us will be dealt with in accordance with our Subject Access Request Policy.

Data Subjects also have the right to make a complaint to the ICO, the UK supervisory authority for data protection issues. For further information on individual rights and how to complain to the ICO, please refer to the ICO website.

Changes to this notice

We recognise that transparency is an ongoing responsibility so we will keep this privacy statement under regular review.

This privacy statement was last updated on 8 May 2018.

Contacts

If there are any questions regarding this notice or if anyone would like to contact us about the manner in which we process their Personal Data, please email our Data Privacy Principal at: marc.shenken@scott-moncrieff.com