Data protection and privacy policy

AlixPartners Services UK LLP and The T&N Asbestos Trustee Company Limited (together “we”/”our”/”us” (“AlixPartners Services UK LLP”) are committed to protecting and respecting your privacy and to manage and use any personal data that you provide to us in accordance with the General Data Protection Regulation (EU) 2016/679 “the GDPR” and the Data Protection Act 2018 (together the “Data Protection Laws”).

This policy sets out the basis on which any personal data and information (“personal data”) we collect from you or that is provided to us will be used by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

For the purpose of Data Protection Laws, AlixPartners Services UK LLP of 6, New Street Square, London, EC4A 3BF acts as the controller.

THE TYPES OF PERSONAL DATA WE COLLECT

The provision and management of your trust claim requires us to obtain personal data.

We may collect and process the following data:

  • Details of your name, age, date of birth, address, gender, nationality, citizenship and contact information and similar information relating to family members where relevant;
  • Employment records;
  • Data concerning your health, including medical records;
  • Information that you provide by filling in forms on our websites. This includes information provided at the time of registering to use our websites or requesting further details in relation to our services;
  • If you contact us, we may keep a record of that correspondence;
  • We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them;
  • A record of your correspondence with us and work carried out on your behalf;
  • Your answers to research surveys;
  • Technical details of your visits to our websites and the resources that you access; and
  • Details of your computer, including, but not limited to, IP address, operating system and browser type.

HOW WE USE YOUR INFORMATION

Your personal data may be stored and processed by us in any of the following ways and for the following purposes:

  • to process your claim, or that of the creditor you represent;
  • for the management and administration of our business;
  • for other reasons connected with progression of the insolvency procedure in which you are a creditor, or representative of the creditor;
  • to carry any other obligations arising from the insolvency procedure in which you are a creditor, or representative of the creditor;
  • to ensure that content on our websites is presented in the most effective manner for your needs;
  • in order to comply with and in order to assess compliance with applicable laws, rules and regulations;
  • for the administration and maintenance of databases storing personal data;
  • to comply with our contractual obligations; and

Our legal bases to process your personal data in these ways are one or more of the following:

  • we believe we need to do so in order to perform our contractual obligations with you;
  • we have a legal or regulatory obligation that must be discharged;
  • we have obtained your specific and informed consent; or
  • the use of your personal data is necessary for our legitimate interests or the legitimate interests of a third party, including but not limited to:
    • allowing us to effectively and efficiently administer and manage the operation of our organisation and/or the Trust;
    • maintaining compliance with internal policies and procedures; or
    • for internal research purposes.

SPECIAL CATEGORY PERSONAL DATA

Certain forms of personal data are subject to specific protection or restriction by law under the GDPR. For these purposes, “Special Category personal data” is data relating to: racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership information, genetic data, biometric data, and data concerning health or sex life or sexual orientation. We will not process your Special Category personal data unless such processing is compliant with Data Protection Laws. The most relevant (but not exclusive) grounds under Data Protection Laws under which we will process your Special Category personal data are as follows:

  • we have obtained your specific and informed consent;
  • the processing is necessary for the establishing, exercising or defending legal claims (including claims into the Trust) or where courts are acting in their judicial capacity.

DISCLOSURE OF YOUR INFORMATION TO THIRD PARTIES

We share personal data with third parties and members of our group when we believe that it will enhance the services we provide, but only in circumstances where such sharing conforms to law, any applicable confidentiality agreements, and our policies and practices. The categories of third parties we share personal data with are risk assessors, our service providers, (including providers of IT (and related) services), search agents, medical experts, business consultants, actuaries, insurance companies, legal advisers; any third party against whom we may have a claim and others. We may also disclose your personal data to one or more third parties or members of our group in the circumstances outlined below:

  • we may disclose aggregate information and statistics to third parties. These statistics will not include information that can be used to identify any individual.
  • we may provide your personal data to our client service agencies for research and analysis purposes so that we can monitor and improve the services that we provide;
  • for the purpose of the management and administration of our organisation and/or the Trust;
  • in relation to one or more of the purposes set out in the paragraph above under the heading “How we use your information”;
  • for the purpose of compliance with applicable laws, rules and regulations and internal policies and procedures or in order to enforce or apply any agreement between us or to protect the rights, property or safety of us, our clients or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction (including in the context of conducting due diligence on a claimant in the Trust;
  • for the purpose of the administration and maintenance of the databases storing personal data;
  • where we need to disclose personal data to our third party service providers; or
  • if one or more of the identified entities comprising AlixPartners Services LLP (or substantially all of their/its assets) are/is acquired by a third party, in which case personal data may be disclosed to potential buyers as part of the due diligence process and/or will be one of the transferred assets.

These third parties and/or members of our group will be subject to confidentiality requirements (either by contract, professional obligation or otherwise) that require them to only use your personal data as described above;

TRANSFERS OF PERSONAL DATA OUTSIDE THE EUROPEAN ECONOMIC AREA

The personal data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff may be engaged in, among other things, the processing of your payment details and the provision of support services. By submitting personal data, you agree to this transfer, storing or processing. Where we transfer your personal data outside the EEA, we will ensure that it is protected in a manner that is consistent with the manner in which your personal data is to be protected by us in the EEA. This can be done in a number of ways, for example:

  • the country that we send the personal data to might be approved by the European Commission as offering an adequate level of protection for personal data;
  • the recipient might have signed up to a contract based on “model contractual clauses” approved by the European Commission, obliging them to protect your personal data; or
  • if to the US, the recipient has been certified under the EU-US Privacy Shield Framework; or
  • some other lawful means under Data Protection Laws.

You can obtain more details of the protection given to your personal data when it is transferred outside the EEA by contacting us as described below.

HOW WE SAFEGUARD YOUR INFORMATION

Our internal procedures cover the storage, access and disclosure of your information. All information you provide to us is stored on secure servers.

Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites may have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

RETENTION OF PERSONAL DATA

The length of time we will hold personal data will vary and will be determined by the following criteria:

  • The purpose for which we are using it. We are required to retain the personal data for as long as is necessary to satisfy or meet the purpose for which it was obtained or any other legal purpose; and
  • Legal Obligations. Laws or regulations may set a minimum period for which we must retain your personal data.

YOUR RIGHTS

You have legal rights in relation to the personal data about you we hold, listed below. These rights are subject to conditions and limitations and therefore might not be available in all circumstances.

  • the right to obtain information regarding the processing of your personal data and access to the personal data about you that we hold;
  • where consent was provided for certain processing activities, the right to withdraw your consent to the processing of your personal data at any time. In some cases, withdrawing your consent to the collection, use or disclosure of some or all of your personal data may prevent us from providing services to you;
  • in some circumstances, the right to receive some personal data in a structured, commonly used and machine-readable format and/or request that we transmit that data to a third party where this is technically feasible;
  • the right to request that we rectify your personal data if it is inaccurate or incomplete;
  • the right to request that we erase your personal data in certain circumstances. Please note that there may be circumstances where we are legally entitled to retain personal data regardless of any such request;
  • in certain circumstances, the right to request that we restrict our processing of your personal data;
  • the right to lodge a complaint with a supervisory authority (details of which are provided below); and
  • the right to ask us not to process your personal data for marketing purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data, or by contacting us.

You can exercise these rights at any time by contacting us at [email protected].

CHANGES TO THIS PRIVACY POLICY

Please note that we may change this privacy policy from time to time. If we do alter this policy in ways that allows us to handle your personal data in a significantly different manner to that stated, we will notify you via email or otherwise.

This privacy policy was last updated on 20th November 2018.

CONTACT

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to [email protected]
You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

You can contact the ICO at:
Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF
Telephone helpline 0303 123 1113 (open 9am – 5pm Monday to Friday).

COOKIES

Like many organisations, our web servers (computers that host websites) place a “cookie” (a small data file) on the hard drive of your computer when you first connect to our site. This allows us to recognise your computer on return visits and helps us study traffic patterns on our website, to improve the site and the services that we provide.