ICAEW Authorised Training Employers and Authorised Training Principals privacy notice

Version number: AT2.4

ICAEW is the controller for the Personal Data collected from individuals overseeing the training process and other people involved in that process working at ICAEW Authorised Training Employers & Principals 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: dataprotection@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. Subject to the relevant data protection law, special categories of Personal Data may 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 as defined under the GDPR/UK GDPR.

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

Personal Data provided by third parties

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. Subject to the relevant data protection law, we may 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, subject to the relevant data protection law. Where appropriate we have also set out our legitimate interests in processing your Personal Data.

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, except as otherwise required or permitted by law. 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, subject to the relevant data protection law, 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 in accordance with law:

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 your country, 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 your country, 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 dataprotection@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 the relevant data protection law, you may have rights including:

1. Your right of access – You have the right to request access to, or 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 to ask for explanations on a decision based on automated processing that may significantly affect you, and 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, subject to the relevant data protection law. If we need to extend the time period for responding to your request, we will let you know within the 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 dataprotection@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, or the relevant data protection authority of your country as mentioned in the applicable Appendix. We would, however, appreciate the chance to deal with your concerns before you approach the ICO or the relevant data protection authority, so please feel free to contact us in the first instance via email using dataprotection@icaew.com.

This Appendix applies to individuals who reside in the People's Republic of China (for the purposes of this privacy notice, excluding Hong Kong Special Administrative Region, Macau Special Administrative Region and Taiwan) (China).

This Appendix supplements the main body of this privacy notice should be read together with the main body. In the event of any conflict or inconsistency between this Appendix and the main body of this privacy notice, this Appendix shall prevail.

Legal basis for processing your Personal Data

We process your Personal Data for the purposes mentioned in the main body of this privacy notice with your consent or as otherwise required or permitted by applicable law (e.g. where the processing is necessary for concluding or performing a contract with you, where the processing is necessary to perform legal obligations, etc.).

Processing of your Personal Data upon the expiry of the relevant retention period

We will irreversibly destroy or anonymize your Personal Data upon the expiry of the relevant retention period in a way that prevents that information from being restored or reconstructed

Sensitive Personal Data

Sensitive Personal Data is Personal Data that, once leaked or illegally used, may easily cause the personal dignity of a natural person to be infringed or his/her personal or property security to be endangered. It includes data related to biometrics, religious belief, specific identity, medical health, financial account and location tracking, the Personal Data of a minor under the age of 14 (Minor Personal Data), as well as government issued ID information. The sensitive Personal Data about you we process may include Criminal Offence Data, Financial Standing Data, Directorship Disqualification Data and certain Professional Data (such as information about professional disciplinary issues). We only process your sensitive Personal Data where such processing is strictly necessary for the relevant purposes identified in the main body of this privacy notice. Our processing of your sensitive Personal Data will adhere to the safeguards mandated by applicable laws and regulations. However, depending on the specific type of sensitive Personal Data involved, such processing may result in various impacts, including potential harm to your reputation, property, or personal safety in the event of a data breach.

We will not knowingly collect or process Minor Personal Data except with consent of the parent or guardian or as otherwise permitted by law. When we collect or process Minor Personal Data, we will process such data in accordance with the safeguards set out in applicable laws and regulations.

If you are a parent or guardian who believes that we collect or process any Minor Personal Data of your child without your consent or would like to erase, correct, or exercise any other right regarding any Minor Personal Data of your child, or have inquiries or complaints about how we process Minor Personal Data, please contact our Data Protection Office, which is in charge of protection of Minor Personal Data, through the means mentioned in the main body of this privacy notice.

Sharing of your Personal Data

With your express consent where required, we may share your Personal Data with third parties as described in the main body of this privacy notice.

Overseas transfer of your Personal Data

As ICAEW operates globally, with your express consent where required, we may transfer your Personal Data outside of China, including to the UK and other jurisdictions where we, our service providers and other relevant third parties conduct business. In particular, your Personal Data may be transferred to our office in the UK for our storage and processing in accordance with this privacy notice.

We may also share your Personal Data with third parties outside of China. The following list specifies the identity of the third parties outside of China that we may share your Personal Data with, basic information about their data processing activities and links to the relevant privacy policies (which you may refer to for more details about how they process your Personal Data, their contact information, and procedures to exercise data subject rights with them).

Your additional rights

Besides the rights listed in the "Your Rights" section in the main body of the privacy notice, you also have the following rights:

1. Your right to deregister your account – You can request to deregister any account you may have with us. However, if you deregister your account, certain services or processes may be disrupted or become unavailable.
2. Your right to withdraw your consent – You can withdraw your consent to our processing of certain Personal Data about you when we rely on your consent for such processing. Please note that your withdrawal may lead to certain consequences (e.g. disruption or unavailability of certain services or processes) if such processing is strictly necessary for a certain purpose and consent is the only legal basis for our processing.

Inquiries or complaints

If you have any requests to exercise rights, inquiries or concerns about the Personal Data we use about you, please contact us at china@icaew.com. You also have the right to make a complaint at any time to the Cybersecurity Administration of China (CAC) or its local counterparts.

This Appendix applies to individuals who reside in the Republic of Singapore. It supplements and should be read together with the main section of this privacy notice. In the event of any conflict or inconsistency between this Appendix and the main body of this privacy notice, this Appendix shall prevail.

Consent

We will collect, use or disclose your Personal Data for purposes which you have provided your consent which can be express, deemed or by notification, unless exempted, in accordance with Singapore’s Personal Data Protection Act (2012) and its regulations (PDPA). Where we have collected, used or disclosed your personal data based on consent, you may withdraw consent with reasonable notice, and we will inform you of the likely consequences of the withdrawal. 

Purpose limitation & notification

We will only collect, use or disclose Personal Data for the purposes that a reasonable person would consider appropriate under the given circumstances and for which you have given consent (unless exempted by law). 

Accuracy, access & correction

We will make reasonable effort to ensure that your Personal Data collected is accurate and complete. You have right to access Personal Data which we hold about you, request a copy of that information and details of what we have done with that information (i.e., how long we kept it for and to whom we disclosed it) within a year before your request.

You have a right to request us to correct your Personal Data where it is inaccurate or out of date. We will make the necessary corrections as soon as practicable and send the corrected data to other organisations to which your Personal Data was disclosed pursuant to this privacy notice within a year before the correction was made.

Retention limitation

We will cease retention of your Personal Data or dispose of it in a proper manner if it is no longer necessary for the purpose for which it was collected and we have no other legal ground for processing the data, or if the collection, use or disclosure of your Personal Data was based on consent and the consent has been withdrawn.

Transfer limitation

For international transfers (i.e., a cross-border disclosure) of your Personal Data from Singapore to overseas, we will put in place contractual measures to ensure the overseas recipients process your personal data in accordance with our instructions and have in place technical and organizational measures to protect your personal data with a level of protection comparable to the protection under the PDPA.

Data breach notification

We will notify you of any data breach that is or is likely to be of significant scale, or results in or is likely to result in significant harm to you.

Data portability

Where required by law, at your request, we will transmit your Personal Data that is in our possession or under our control, to another organisation in a commonly used, machine readable format.

Inquiries or complaints

If you have any requests to exercise rights, inquiries or concerns about the Personal Data we use about you, please contact our Data Protection Officer at dataprotection@icaew.com.  If we are unable to help you, you may contact Singapore’s Personal Data Protection Commission (http://www.pdpc.gov.sg).