ICAEW Authorised Training Employers and Authorised Training Principals privacy notice

Version number: AT2.2

ICAEW is the controller for the Personal Data collected from website visitors and individuals who download data via OneDrive unless this is stated otherwise. ICAEW is registered with the Information Commissioner’s Office (ICO) with registration number (Z5765897). In this privacy notice, references to ‘we’, ‘us’ or ‘our’ mean ICAEW. You can contact ICAEW in a number of ways as follows:

• Email: data.protection@icaew.com
• Post: The Data Protection Office, ICAEW, Metropolitan House, 321 Avebury Boulevard, Milton Keynes, MK9 2FZ UK
• Telephone: +44 (0)1908 248 250

Personal Data is any information which directly or indirectly identifies an individual, for example, your name, address, membership number, NI number, qualifications, date of birth, photos, videos or voice recordings.

Special categories of Personal Data are a set of Personal Data that we are required to look after even more carefully. Special categories of Personal Data include details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data. We do not collect any special categories of Personal Data about you.

We collect Personal Data about you when you are an individual overseeing, or involved in, the training process, we  may also collect information about your criminal convictions and offences which is another type of Personal Data that we need to look after very carefully. This happens where we are required to do so for legal or regulatory purposes, for example when carrying out background checks on individuals who have applied to become a QPRT, PRT, PRSO, Deputy QPRT or ATP.

We collect Personal Data about you when you give us Personal Data in direct interactions with us during your application to become an individual who oversees, or is involved in, the training process or during your time in that role, for example when you complete an application form, or during our due diligence process. We also collect Personal Data from other sources as set out below.

Personal Data collected directly from you

Identity Data	Your name, date of birth,
Contact Data	Your address and contact details, including email address.
Career Data	Details of your current employer.
Professional Data	Details of professional qualifications, date of qualification, details of membership of Professional Bodies including your membership number, details of relevant professional disciplinary issues, details of your continuing professional development.
Criminal Offence Data	Information about your criminal record, or of a criminal offence you have been charged with if applicable, for example this is disclosed by you as part of your application.
Financial Standing Data	Information, if relevant about any individual voluntary arrangement, bankruptcy, or similar arrangement with creditors.   Failure to satisfy a judgement debt.
Directorship Disqualification Data	Details of any disqualification order made, or disqualification undertaking under the Company Directors Disqualification Act 1986, or similar overseas legislation.

Personal Data provided by third parties

Professional Data

Details of professional qualifications, date of qualification, details of membership of Professional Bodies, details of relevant professional disciplinary issues, details of your continuing professional development.

Some of the Personal Data we process is mandatory meaning that if you do not provide it to us, we will be unable to process your application to become an individual who oversees, or is involved in, the training process. We will be unable to fulfill our obligations as a regulatory body and you will not be able to fulfill your responsibilities as an individual who oversees, or is involved in, the training process. This may result in your being barred from involvement, or your organisation’s authorised status being terminated.

Processing Personal Data from you allows us to enable you to fulfil your obligations as an individual who oversees, or is involved in, the training process. In order to comply with Personal Data protection laws, we need a lawful basis (a reason) to process your Personal Data. We use the following lawful bases to obtain and use your Personal Data. 

1. Consent – Some Personal Data is processed because you have given your consent. Consent can be withdrawn at any time by emailing ATEAccess@icaew.com.
2. Legal or Regulatory Obligation – In some cases, we need to process Personal Data to comply with a legal or regulatory obligation which we are subject to.
3. Legitimate Interest – Where processing the Personal Data is in our legitimate interests (or those of a third party) provided that your fundamental rights do not override such interests. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process Personal Data for our legitimate interests.

The table below describes the ways in which we use your Personal Data and the legal bases we rely on to do so. Where appropriate we have also set out our legitimate interests in processing your Personal Data.

Purpose and/or activity	Type of Data	Legal basis for processing
To process your application to become an individual who oversees, or is involved in, the training process.	Identity Data Contact Data Professional Data Criminal Offence Data Financial Standing Data Directorship Disqualification Data.	Legitimate Interests: to provide regulated training to ICAEW students and members.
To enable you to fulfil your organisation’s obligations as an ICAEW authorised training employer or your role as an individual who oversees, or is involved in, the training process.	Identity Data Contact Data CPD data Disciplinary record data	Legitimate Interests: to provide regulated training to ICAEW students and members.
We also collect data to provide access to ICAEW’s online training file platform.	Identity Data Contact Data Career Data Professional Data Criminal Offence Data Financial Standing Data Directorship Disqualification Data.	Legitimate Interests: to provide regulated training to ICAEW students and members.
To provide regulated training to ICAEW students and members, to carry out our responsibilities as a regulator and as a professional body, and to monitor your compliance with our regulations	Identity Data Contact Data Career Data Professional Data Criminal Offence Data Financial Standing Data Directorship Disqualification Data	Legal obligation: to comply with legal and regulatory obligations applicable to ICAEW as a professional body.
To communicate with you on ACA training matters.	Contact Data	Legitimate Interests: to provide regulated training to ICAEW students and members
Anonymisation of personal data for the onward activities of Management Information and Business Intelligence	All Personal Data	Legitimate Interest of the ICAEW for business improvement and intelligence purposes.
Audit Activities	A sample of all Personal Data;	Legitimate Interest of the ICAEW to gain a true and fair understanding of current practices, with a view to organisational improvement.
Creating a profile for employers offering ACA training vacancies	Identity Data Contact Data Career Data	Contract: the employer provides the details needed to register as an ACA training employer
Processing data from marketing campaigns to enable meetings with prospective training employers	Identity Data Career Data	Consent obtained through voluntarily declaring interest on the website
Generating reports for internal use by employers to enable the review of student training files	Identity Data Career Data Contact Data	Legitimate Interest to enable student training files to be reviewed
Registering an office or a Training Office Group (TOG), reviewing status and individuals included, conducting authorisation visits and subsequent visits/reviews	Identity Data Professional Data	Legal Obligation: Regulatory obligation requested by the FRC
Serving you with targeted and retargeted advertisements and monitoring the success of those advertisements.	Identity Data Contact Data Cookie Data	Legitimate Interests: in our legitimate interests as a professional body and regulator of chartered accountants, we will use your Personal Data for marketing purposes where we have a relevant or appropriate relationship with you or where there is a reasonable expectation of us doing so and also to monitor the success of these advertisements in order to understand how better to serve ads to you. Consent: Where you have consented to the use of cookies to provide you with targeted advertisements
Performing system testing in order to enhance and improve our products and services	Identity Data Contact Data Career Data	Legitimate interest: In our legitimate interest to review and improve our services provided to you.

We keep Personal Data that we obtain about you during your time as an individual who oversees, or is involved in, the training process for no longer than is necessary for the purposes for which it is processed. How long we keep your Personal Data will depend on how long you remain in the role, the nature of the Personal Data concerned and the purposes for which it is processed. In some cases the data will be retained indefinitely in order for ICAEW to maintain its assurance over the regulated training.

No automated decision making is used in relation to individuals who oversees, or are involved in, the training process

We may share your Personal Data with organisations where we have a legal obligation, contract or other legitimate interest to do so, including:

1. Authorised individuals within your current employer;
2. Other professional bodies and regulators; and
3. Criminal convictions: If you disclose a criminal conviction, this will be shared with ICAEW's Regulatory and Conduct Department and/or members of its Investigation and Disciplinary Committee and depending on the circumstances may also be shared with third parties such as regulators or other professional bodies.

Your Personal Data may be transferred to other third-party organisations in certain scenarios:

1. If we are discussing selling or transferring part or all of our business. Personal Data may be transferred to prospective purchasers under suitable terms as to confidentiality;
2. If we are reorganised or sold, Personal Data may be transferred to a buyer who can continue to provide services to you;
3. If we are required to by law, or under any regulatory code or practice we follow, or if we are asked by any public or regulatory authority, for example the Police, we may need to share your Personal Data; or
4. If we are investigating or defending any legal claims your Personal Data may be transferred as required in connection with defending such investigations and/or claims

In some cases, for example in order to share data with our overseas offices or where a student is located overseas, we or our suppliers may need to process Personal Data outside the European Economic Area (EEA) and/or United Kingdom (UK) therefore their processing of your Personal Data will involve a transfer of Personal Data outside the EEA and/or UK. Where this is the case we will only share the minimal amount of Personal Data necessary for the purpose of processing and, where possible, we will share the Personal Data in an anonymised form.

Whenever we transfer your Personal Data out of the UK, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:

1. we will only transfer your Personal Data to countries that have been deemed to provide an adequate level of protection for Personal Data by the UK;
2. where we use certain processors, we may use specific contracts approved by the UK which give Personal Data the same protection it has within the UK. When we rely on this measure we will ensure that the third-party can comply with the provision of such contracts and we have confirmed that the country to which the Personal Data is transferred has adequate data protection laws in place to protect Personal Data.

Please contact us at data.protection@icaew.com if you would like further information about the specific mechanism used by us when transferring your Personal Data.

We have appropriate security measures in place to prevent Personal Data from being accidentally lost, or used or accessed in an unauthorised way. We limit access to your Personal Data to those who have a genuine business need to know it. Those processing your Personal Data will do so only in an authorised manner and are subject to a duty of confidentiality.

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

Under data protection law, you have rights including:

1. Your right of access – You have the right to ask us for copies of your Personal Data.
2. Your right to rectification – You have the right to ask us to rectify Personal Data you think is inaccurate. You also have the right to ask us to complete Personal Data you think is incomplete.
3. Your right to erasure – You have the right to ask us to erase your Personal Data in certain circumstances.
4. Your right to restriction of processing – You have the right to ask us to restrict the processing of your Personal Data in certain circumstances.
5. Your right to object to processing – You have the right to object to the processing of your Personal Data in certain circumstances.
6. Your right to data portability – You have the right to ask that we transfer the Personal Data you gave us to another organisation, or to you, in certain circumstances.
7. Rights related to automated decision making, including profiling -You have the right not to be subjected to a decision based solely on automated processing (including profiling) which may significantly affect you. We do not make any employment decisions, solely using automated decision making technologies.

In most cases we will deal with your request as soon as possible and at the latest within one calendar month of the request. If we need to extend the time period for responding to your request, we will let you know within the one-month period. We do not charge a fee for any such requests, unless there are exceptional circumstances.

If you wish to exercise any of your rights, please contact our Data Protection Office via email using data.protection@icaew.com

If you have any concerns about the Personal Data we use about you, 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, by contacting them at www.ico.org.uk. We would, however, appreciate the chance to deal with your concerns before you approach the ICO, so please feel free to contact us in the first instance via email using data.protection@icaew.com.