The Insolvency Practitioner is committed to protecting your personal information by processing it responsibly and safeguarding it using appropriate technical, administrative and physical security measures.
This privacy notice explains what information the Insolvency Practitioner gathers about you, what the Insolvency Practitioner uses that information for and to whom the Insolvency Practitioner gives the information. It also sets out your rights and who you can contact for more information or queries.
1 Who this privacy notice applies to and what it covers
1.1 This privacy notice applies to the Insolvency Practitioner Tom Kavanagh (“I”, “me” or “my”) with offices at Hatch Street, Hardwicke House & Earlsfort Terrace, Dublin 2, Republic of Ireland.
1.2 I am committed to protecting your personal data and processing your information in an open and transparent manner in accordance with Data Protection Legislation (EU General Data Protection Regulation 2016/679 together with all other applicable legislation relating to privacy or data protection).
1.3 This privacy notice sets out how I will collect, process, store and protect information about you when acting as an Insolvency Practitioner.
1.4 I am the data controller of all personal data collected by me for the purposes set out in this Privacy Notice. This means I am responsible for deciding how and why personal data collected is to be used.
1.5 In this privacy notice, your information is sometimes called "personal data". I may also sometimes collectively refer to processing, collecting, protecting and storing your personal data as "processing" such personal data.
2 How I collect personal data
2.1 I may obtain personal data about you, for example:
2.1.1 where you or your employer engages me to provide services and also during the provision of those services; for example where your employer engages me to deliver a restructuring solution through a formal insolvency process;
2.1.2 from the company or sole trader books and records which I collect in order to comply with statutory and regulatory obligations; for example to enable me to adjudicate on claims, or to collect in book debts, or to carry out investigation into possible recoveries or offences;
2.1.3 where you have been identified by the company in an insolvency process as a potential stakeholder in insolvency proceedings; for example, an employee, a supplier (and thus possible creditor), a customer, a potential purchaser, an investor or a shareholder;
2.1.4 when you contact us by email, telephone or post for example when you have a query about an insolvency engagement, or when you are contacting me to provide details of any claim or any information that you may have in relation to an insolvency engagement;
2.1.5 from third parties and/or publicly available resources (for example, your employer, tax authorities, the Companies Registration Office in Ireland or Companies House in the UK).
I may also observe or infer personal data about you from the way you interact with me and the information that I collect.
3 What type of personal data might I collect?
3.1 The personal data that I may collect or obtain may include:
3.1.1 your name, gender, age and date of birth;
3.1.2 your contact information, such as your address and contact details (including your email and mobile telephone number);
3.1.3 country of residence;
3.1.4 family circumstances (for example, your marital status and dependents);
3.1.5 employment and education details (for example, the organisation you work for, your job title and your education details);
3.1.6 personnel files if you are or were an employee of the company in insolvency;
3.1.7 Government identifiers (for example your personal public service number in Ireland or national insurance number in the UK, passport number, driver’s licence)
3.1.8 financial and tax-related information (for example your income, investments, credit arrangements, loan facilities and tax residency);
3.1.9 your IP address, your browser type and language, your access times; complaint details;
3.1.10 details of how you use the restructuring services.
3.2 The personal data I collect may also include so called ‘sensitive’ or ‘special categories’ of personal data, such as details about your: health (for example, employment details relating to health of employee of insolvent company) and sexual orientation (for example, if you provide us with details of your spouse or partner).
3.3 If you do not provide certain information when requested, such as your contact details, or confirmation of the amount of your claim, it may impact on your right to participate in a dividend distribution.
4 Information provided about third parties
4.1 If any information which you provide to me relates to any third party (such as a spouse, people who depend on you financially, or a joint account holder or beneficiary), by providing me with such personal data you confirm that you have obtained any necessary permissions from such persons to the reasonable use of their information in accordance with the above provisions, or are otherwise permitted to give me this information. You should share a copy of this privacy notice with those other individuals before disclosing any personal information about them to me.
5 How I use information about you
Use of personal data to provide restructuring services
5.1 I may process your personal data for purposes necessary for the performance of my legal and regulatory obligations under insolvency legislation or companies legislation which may include:
5.1.1 contacting you to ask you to provide information that might assist my enquiries and investigations;
5.1.2 contacting you to ask you to submit details of your claim (i.e. to prove your debt) to enable you to take part in a dividend distribution or to vote in a decision procedure;
5.1.3 submission of employee claims in respect of statutory entitlements;
5.1.4 preparing statutory documents, such as proposals or reports, in compliance with statutory obligations;
5.1.5 adjudicating claims for dividend purposes;
5.1.6 progressing creditor claims for retention of title;
5.1.7 collection of rents when carrying out duties as a fixed asset receiver;
5.1.8 liaising with tax authorities with regard to taxation matters on the disposal of secured assets as a fixed charge receiver.
The above list of examples is illustrative and not exhaustive.
Use of personal data for other activities that form part of the operation of the restructuring services
5.2 I may also use your personal data for the purposes of, or in connection with:
5.2.1 applicable legal, regulatory or professional requirements;
5.2.2 requests and communications from competent authorities;
5.2.3 administrative purposes;
5.2.4 financial accounting, invoicing and risk analysis purposes; or
5.2.5 protecting our rights and those of entities under an insolvency process.
6 The legal grounds I use for processing personal data
6.1 In respect of the use of personal data in connection with providing restructuring services and activities relating to the operation of restructuring services (as set out at paragraphs 5.1 and 5.2 above) I rely on one or more of the following lawful grounds:
6.1.1 the processing is necessary for compliance with a legal obligation I have under insolvency legislation or companies legislation or other legal obligations such as keeping records for tax purposes or providing information to a public body or law enforcement agency; or
6.1.2 the processing is necessary for the purposes of a legitimate interest pursued by me, which might be:
(a) to provide restructuring services and ensure engagements are well-managed;
(b) to prevent fraud;
(c) to protect business interests;
(d) to ensure that complaints are investigated.
6.2 To the extent that I process any special categories of data relating to you for any of the purposes outlined above, I will do so because either: (i) you have given me your explicit consent to process that data; (ii) I am required by law to process that data in order to ensure compliance with 'know your client' and 'anti-money laundering' obligations (or other legal obligations imposed); (iii) the processing is necessary to carry out obligations under employment, social security or social protection law; (iv) the processing is necessary for the establishment, exercise or defence of legal claims or (v) you have made the data manifestly public.
6.3 Please note that in certain circumstances it may be still lawful for us to continue processing your information even where you have withdrawn your consent, if one of the other legal bases described above is applicable.
7 Sharing your personal data
7.1 In connection with one or more of the purposes outlined in the "How I use information about you" section above, I may disclose details about you to the following recipients, or categories of recipients:
7.1.1 members of the Deloitte Network;
7.1.2 those individuals or entities with whom you have requested me to share information, such as your spouse or civil partner;
7.1.3 competent authorities, including courts and authorities, in each case to comply with legal or regulatory obligations or requests;
7.1.4 charge holders;
7.1.5 service providers handling your information on my behalf; in each case, such service providers will be contractually bound by confidentiality and privacy obligations consistent with the obligations in this Privacy Statement;
7.1.6 third parties to whom I disclose information in course of sale of property or sale of a trading business;
7.1.7 third parties to whom I disclose information in the course of providing restructuring services (for one or more of the purposes outlined in the “How I use information about you” section).
7.2 I may share non-personal, de-identified and aggregated information with third parties for several purposes, including data analytics, research, submissions.
8 Transferring your personal data outside Ireland
8.1 Please note that some of the recipients of your personal information referred to above may be based in countries or regions without data protection rules similar to those in effect in your area of residence. In such cases, adequate safeguards will be in place to protect your personal information. Such adequate safeguards might include a data transfer agreement with the recipient based on standard contractual clauses approved by the European Commission for transfers of personal information to those countries.
8.2 For further details about the transfers described above and the adequate safeguards used with respect to such transfers, please contact me using the details below.
9 Protection of your personal data
9.1 I have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, I limit access to your personal data to those agents, contractors and other third parties who have a business need to know. They will only process your personal data on my instructions and they are subject to a duty of confidentiality.
9.2 I 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 I am legally required to do so.
9.3 Although I use appropriate security measures once I have received your personal data, the transmission of data over the internet (including by e-mail) is never completely secure. I endeavour to protect personal data, but I cannot guarantee the security of data transmitted to me or by me.
10 How long I keep your information for
10.1 I will hold your personal data for the longest of the following periods: (i) as long as is necessary for the relevant activity or services; (ii) any retention period that is required by law.
11 Your rights
11.1 You have various rights in relation to your personal data. In particular, you have a right to:
11.1.1 obtain confirmation that I am processing your personal data and request a copy of the personal data I hold about you;
11.1.2 be informed about the processing of your personal data (i.e. for what purposes, what types, to what recipients it is disclosed, storage periods, any third party sources from where it was obtained);
11.1.3 ask that I update the personal data I hold about you, or correct such personal data that you think is incorrect or incomplete;
11.1.4 ask that I delete personal data that I hold about you, or restrict the way in which I use such personal data;
11.1.5 withdraw consent to my processing of your personal data (to the extent such processing is based on previously obtained consent);
11.1.6 receive a copy of the personal data concerning you, which you have provided to me, in a structured, commonly used and machine-readable format and to transmit such personal data to another party (to the extent the processing is based on consent or a contract);
11.1.7 object to my processing of your personal data.
11.2 Any request for access to or a copy of your personal data must be in writing and I will endeavour to respond within a reasonable period and in any event within one month in compliance with Data Protection Legislation. I will comply with my legal obligations as regards your rights as a data subject.
11.3 I aim to ensure that the information I hold about you is accurate at all times. To assist us in ensuring that your information is up to date, please notify me if any of your personal details change using the contact details set out in paragraph 12.1.
11.4 You may also use the contact details in paragraph 12.1 if you wish to make a complaint to relating to your privacy.
12 Right to complain
12.1 If you wish to exercise any of the rights relating to your information set out above, or if you have any questions or comments about privacy issues, or you wish to raise a complaint about how I am using your information you can contact me in the following ways:
12.1.1 write to the Insolvency Practitioner Tom Kavanagh, D&T House, Earlsfort Terrace, Dublin 2;
12.1.2 send an email to email@example.com
12.2 If you have any concerns about my use of your information, you also have the right to make a complaint to the Office of the Data Protection Commissioner (www.dataprotection.ie) or if query or concern relates to an Insolvency Practitioner in Northern Ireland, you have the right to contact the Information Commissioner’s Office (https://ico.org.uk).
13 Changes to this privacy notice
13.1 I may modify or amend this privacy notice from time to time.
13.2 To let you know when I make changes to this privacy notice, I will amend the revision date at the top of this page. The new modified or amended privacy notice will apply from that revision date. Therefore, I encourage you to periodically review this notice to be informed about how I am protecting your information.