Kevin McLeod
Written By Kevin McLeod
Licensed Insolvency Practitioner
July 17th, 2023

Insolvency assignments

AABRS Limited and the appointed office holder (“we, “us”, “our”) will hold information and data about data subjects in order to properly administer formal assignments subject to insolvency legislation in the UK and abroad. As this type of assignment is subject to law e.g. the Insolvency Act and Rules, we consider that such data is held for legal and legitimate interest purposes, specifically to allow us to properly administer such assignments.

Personal data held is general employee information to enable us to calculate redundancy entitlements and claims, creditor and shareholder information to enable creditors to claim in the respective estates, to receive information regarding the progress of an assignment and to receive dividends, and debtor information to ensure that funds due to the insolvent entity can be collected.

In addition, data is held in relation to individuals subject to an insolvency process. Such information is held in our general assignment files, retained in paper form and electronically.

Information we may collect from you

We may collect and process the following data about you:

  • Your contact details including your name, address, email address and/or telephone number.
  • Information that you provide by filling in forms on this website. This includes information provided at the time of submitting an enquiry through our site. We may also ask you for information and when you report a problem with our site.
  • If you contact us, we may keep a record of that correspondence. Should you contact us to discuss seeking our advice and/or services, we will keep a record of the advice/service that you require, the circumstances giving rise to your call, your contact details and a record of the enquiry.
  • If you download documents from our site, details of the documents that you have downloaded.
  • Details of your visits to our site including, but not limited to traffic data, location data, weblogs and other communication data and the resources that you access.

Cookies / IP Address

Our website uses cookies to distinguish you from other users of our site. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. For detailed information on the cookies AABRS use and the purposes for which we use them see www.aabrs.com/cookies

We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users’ browsing actions and does not identify any individual.

DATA RETENTION

We collect paper and electronic records from the entity and other third parties. Such records are held for the purpose of investigation, to properly administer the assignment and maximise asset realisations and is therefore held for a legal purpose.

We will only retain your personal data for as long as is necessary to fulfil the purposes for which it is collected.

As an insolvency practice, together with other legislation, we are governed by the Insolvency Practitioners Regulations 2005 (as amended). This legislation requires us to preserve records as follows:

  • Our case files – for a period of 6 years following the Insolvency Practitioner’s release or discharge.
  • Books and records – for a period of 15 months after the closure of a liquidation or administration and for a period of 12 months after closure for a compulsory liquidation or bankruptcy subject to there being no other legal requirements.

Other assignments

In relation to this type of information, we may hold personal data to complete our contractual obligations as part of an assignment. The data will be held in the same manner as above and retained for a period of 7 years after the end of the assignment.

Special category data

This includes data relating to an individual which is more sensitive, for example, health records. Such data is held securely and confidentially and held for general regulatory purposes; preserving client records or business management functions. Such data is held in accordance with the general assignment retention periods detailed above.

General security

We take the security of all the data we hold seriously. Staff are trained on data protection, confidentiality and security, and we maintain a culture of confidentiality.

We have a framework of policies and procedures which ensure that we keep the data we hold secure.

All information you provide to us is stored on our locally hosted secure servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask that you do not share your password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

Uses made of the information

We use information about you in the following ways:

  • To contact you to discuss the advice and/or services that you may require.
  • To ask another advisor (e.g. financial or legal advisors) to contact you if we feel we are able to assist with your enquiry (we will usually notify you in advance of doing so but this is not always possible).
  • To utilise the services of a third-party credit referencing agency (TransUnion). Such services include money laundering checks, ID checks, validation type services, tracing etc. TransUnion’s privacy notice can be found at the following address:

https://www.transunion.co.uk/legal-information/bureau-privacy-notice

  • To carry out our obligations arising from any contracts entered into between you and us
  • To provide you with the information or services that you request from us to which we feel may be of interest to you or that you may require.
  • To ensure that content from our site is presented in the most effective manner for you and for your computer.
  • To notify you about changes to our site or the services that we offer.

Or site may, from time to time, contain links to and from the websites of third parties, advertisers and other affiliates. If you follow a link to any of these websites, please note that we cannot be held responsible for the privacy of data collected by website not managed by AABRS. Please check these policies before you submit any personal data to these websites.

Data Processors

We may use data processors to assist in our operations. Processor relationships are assessed upon commencement of contractual relationships and confirmation is requested that the processor complies with data protection legislation.

Neither we or any of our processors will sell your data, except where allowed to do so as part of a sale of a company or business and under contractual arrangements requiring that your data is kept safe and in compliance with data protection legislation.

Data Subject Rights

Under certain circumstances, by law you have the right to:

  • Request access to your personal data. This enables you to receive details of the personal data we hold about you and to check that we are processing it lawfully.
  • Request correction of the personal data that we hold about you.
  • Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have exercised your right to object to processing (see below).
  • Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this basis. You also have the right to object where we are processing your personal information for direct marketing purposes.
  • Request the restriction of processing of your personal data. This enables you to ask us to suspend the processing of personal data about you, for example if you want us to establish its accuracy or the reason for processing it.
  • Request the transfer of your personal data to you or another data controller if the processing is based on consent, carried out by automated means and this is technically feasible.

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.

If you consider any information that we hold about you to be incorrect or incomplete, or wish us to remove any such data, you should write to us or email us at dataprivacy@aabrs.com with your request.

If you would like any further information about the above please contact us on dataprivacy@aabrs.com or alternatively telephone 0208 444 3400.

Changes to our Privacy Policy

We reserve the right to modify or amend this privacy statement at any time and for any reason.  Nothing contained herein creates or is intended to create a contract or agreement between us and any user visiting the website or providing identifying information of any kind.

Complaints 

If you have any concerns over how we have used or are using your data then please dataprivacy@aabrs.com in the first instance. 

If you are still not satisfied that we have addressed your concerns adequately you have a right to lodge your complaint with the Information Commissioners Office, the details of which are available at www.ico.org.uk.

Regulatory Professional Body

We are licensed insolvency practitioners. Our insolvency practitioners taking formal insolvency appointments are authorised to act as insolvency practitioners in the UK by the Insolvency Practitioners Association and are bound by their Code of Ethics.

Partners and staff acting as Administrators and Administrative Receivers act as agents and without personal liability.