This notice is for any persons engaged with SP Insolvency Limited.
Why we are providing this notice to you
As an entity that reviews and acts as Trustee to pension arrangements, we hold certain information about you (“personal data”). This notice explains how we use and protect the personal data we hold about you and other beneficiaries.
Why we hold your personal data
SP Insolvency processes personal data in its role as a “data controller” for the proper handling of all matters relating to the investigation and Trusteeship of pension schemes, including its administration and management, calculating, securing and managing liabilities. Further information about how we process this data is provided under the heading “How we will use your personal data”.
The legal basis for our use of your personal data will generally be one or more of the following:
We need to process your personal data to satisfy our obligations as mediator and / or Trustee of the Scheme;
We need to process your personal data for the legitimate interests of: investigating and managing the Scheme and the liabilities held under it; calculating, securing and paying claims; and performing our obligations and exercising any rights, duties and discretions SP Insolvency has in relation to a schemes investigation and or Trust
Processing is necessary for the performance of a contract to which you are party, or in order to take steps at your request prior to entering into a contract
What personal data we hold and how we obtain it
The types of personal data we hold and process about you can include:
Contact details, including name, address, telephone numbers and email address of insolvency practitioners, third parties and other scheme membership data
Identifying details, including date of birth, national insurance number and employee and membership numbers
Information that is used to calculate and assess benefits, for example salary information
Financial information relevant to the calculation or payment of benefits, for example bank account and tax details
Information about your family, dependants or personal circumstances, for example, marital status and information relevant to the distribution and allocation of benefits payable on death
We obtain some of this personal data directly from insolvency practitioners. We may also obtain data from:
Your current or past employer(s) or companies that succeeded them in business (for example salary information),
From a third party such as an insurer with whom pension benefits are held (where you are or could be a beneficiary of the Scheme as a consequence of membership or have asked us to review the schemes liability), and
From a variety of other sources including: public databases; our advisers; and government or regulatory bodies
How we will use your personal data
We may use this data to deal with all matters relating to the Scheme status, including its administration and management. This can include the processing of your personal data for all or any of the following purposes:
To contact insolvency practitioners or third parties
To assess eligibility and provide information to you regarding benefit liability in a pension arrangement
To identify options when dealing with an insolvent pension scheme and where relevant, implement those options by mutual consent
To comply with our legal and regulatory obligations as Trustee of the Scheme, where applicable
Organisations that we may share your personal data with
From time to time we will share your personal data with our advisers and service providers so that they can help us carry out our duties, rights and discretions. These include the following:
The Scheme administrators and / or insurers
Appointed insolvency practitioners
The legal advisers upon being appointed as Trustee to the Scheme
Additional voluntary contribution providers, if applicable
Independent Financial Advisers, where relevant
In some instances, advisers and service providers will be controllers in their own right and will be directly responsible to you for their use of your personal data. They may be obliged under the data protection legislation to provide you with additional information regarding the personal data that they hold about you and how and why they process that data. Further information may be provided to you in a separate notice or may be obtained from the advisers and service providers direct, for example, via their websites.
Where requested or if we consider that it is reasonably required, we may also provide your personal data to government bodies and dispute resolution and law enforcement organisations, including the courts, the Pensions Regulator, the Pensions Ombudsman, the Pension Protection Fund and Her Majesty’s Revenue and Customs (HMRC). They may then use the data to carry out their functions.
The above is information is kept securely on either a Microsoft Office 365 exchange service which is fully GDPR compliant, adhering to ISO 27001 standard or a secure Dropbox server which is compliant to ISO 27001/2, ISO27018/17 and SOC 2 certifications.
All high risk data, for example personal member information, will be sent with an extra level of password encryption to ensure maximum security and will only ever be shared with the above parties if absolutely necessary.
Additional details regarding GDPR and the above methods of data preservation can be found in the websites below:
How long we keep your data
We will only keep your data for as long as we need to in order to fulfil the purposes identified above. In practice this means that we will retain your data for such period as to the case being closed and all matters settled. We may also retain your data for a longer period to comply with our legal and regulatory obligations where required.
You have a right to access and obtain a copy of the personal data that SP Insolvency holds about you and to ask us to correct your personal data if there are any errors or it is out of date or incomplete. In certain circumstances, you have the right to object to the processing of your personal data; for example, you have the right to object to processing of your personal data which is based on the legitimate interests identified in the section above headed “Why we hold your personal data”. You can obtain further information about these rights from the Information Commissioner’s Office at: www.ico.org.uk or via their telephone helpline (0303 123 1113).
As explained in the section above headed “How we will use your personal data”, one of the reasons we collect and hold your personal data is to assist with administering your Scheme benefits. If you do not provide the information we request, or ask that the personal data we already hold is deleted or that the processing of the personal data be restricted, this may affect our ability to administer your benefits, including the payment of benefits from the Scheme. In some cases, it could mean the Trustee is unable to put your pension into payment or has to stop your pension (if already in payment).
We may update this policy periodically. Where we do this, we will inform you of the changes and the date on which the changes take effect.
Please contact the data controller for further information using the contact details below.
SP Insolvency Limited
24 Brindlehurst Drive