Privacy and Data Use Policy

‘Tax Torch’ (the “Platform”) is provided by Tax Torch Limited, a company incorporated in Scotland with company number SC694762 and having its registered address at 194 Quarry Street, Hamilton, Scotland, ML3 6QR (“we”, “our”, “us”).

We take your privacy very seriously. Please read this privacy policy carefully as it contains important information on how and why we collect, store, use and share any information relating to you (“your information”).

It also explains your rights in relation to your information and how to contact us or the relevant regulator in the event you have a complaint. Our collection, storage, use and sharing of your information is regulated by law, including under the UK General Data Protection Regulation (“UK GDPR”).

The Platform is distributed only in the UK and is solely intended for use by people in the UK.

• What this policy applies to

The Platform can be connected to other accounting and financial software to take information from these applications and is used in the facilitation of tax planning advice. These other apps, websites or services may also gather information about you in accordance with their own separate privacy policies. For privacy information relating to these other apps, websites or services, please consult their privacy policies as appropriate.

• Information we collect about you

The information we collect about you depends on the particular activities carried out through the Platform. We will collect and use the following information about you:

Category of data	In more detail
Identity and account data you input into the Platform Registration is mandatory in order to use the Platform	Subscriber data, including: —subscriber name, address and contact information, including email address and telephone number, company details and payment information —billing information, transaction and payment card or other payment method information —account details, such as username and password —replies to security questions User data, including: — user name and contact information, including email address and telephone number (for use in two-factor authentication) Client data, including: —client name, address and contact information, including email address and telephone number and company details (where applicable), client income information, personal financial goals and client family information entered into the Platform by users. - Client information which is provided by the client directly, through webpages accessed via a secure link which is provided by email, which is then transferred onto the relevant client’s profile on the Platform
Data collected when you use specific functions in the Platform	—all client data, including data you store online with us using the Platform including information relating to clients’ personal life events and financial data (while such data may not always be protected by the UK GDPR we will assume it is and treat it in accordance with this policy)
Other data the Platform collects automatically when you use it	—your activities on, and use of, the Platform which reveal your preferences, including log-in use and times of use —IP address data, which can be mapped to a user’s location

 

You must provide that information to use the Platform and its services unless we tell you that you have a choice.

Sometimes you can choose if you want to give us your information and let us use it. Where that is the case we will tell you and give you the choice before you give the information to us. We will also tell you whether declining to share the information will have any effect on your use of the Platform or our services.

We collect and use your information for the purposes described in the section ‘How and why we use your information’ below.

• How your information is collected

We collect information on the Platform by the following methods:

• directly when you enter information into the Platform or information is imported directly into the Platform;
• indirectly, such as information collected through your activity on the Platform or through cookies on our website (as explained in the section on ‘Cookies’ below);
• information imported onto the Platform through an API (Application Programming Interface) from other applications and software; or
• information entered by clients into webpages accessed via a secure link provided by email which the client uses to provide information and upload documentation which is then transferred onto the client’s profile on the Platform .
• How and why we use your information

Under data protection law, we can only use your information if we have a proper reason, including but not limited to:

• where you have given consent;
• to comply with our legal and regulatory obligations;
• for the performance of a contract with you or to take steps at your request before entering into a contract; or
• for our legitimate interests or those of a third party.

A legitimate interest is when we have a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests. We will carry out an assessment when relying on legitimate interests, to balance our interests against your own. You can obtain details of this assessment by contacting us (see ‘How to contact us’ below).

The table below explains what we use your information for and why.

What we use your information for	Our reasons
Create and manage your account with us	For our legitimate interests, i.e. to be as efficient as we can so we can deliver the best service to you
Providing services and/or the functionalities of the Platform to you	Depending on the circumstances: —to perform our contract with you or to take steps at your request before entering into a contract —for our legitimate interests, i.e. to be as efficient as we can so we can deliver the best service to you
Conducting checks to identify you and verify your identity or otherwise to help prevent and detect fraud against you or us	For our legitimate interests, i.e. to minimise the risk of account or identity theft or fraud that could be damaging for you, a third party or us
To enforce legal rights or defend or undertake legal proceedings	Depending on the circumstances: —to comply with our legal and regulatory obligations —in other cases, for our legitimate interests, i.e. to protect our business, interests and rights
Communications with you not related to marketing, including about changes to our terms or policies or changes to the Platform or service or other important notices	Depending on the circumstances: —to comply with our legal and regulatory obligations —in other cases, for our legitimate interests, i.e. to provide the best service to you
Protect the security of systems and data used to provide the Platform and its services	To comply with our legal and regulatory obligations We may also use your information to ensure the security of systems and data to a standard that goes beyond our legal obligations, and in those cases our reasons are for our legitimate interests, i.e. to protect systems and data and to prevent and detect criminal activity that could be damaging for you and/or us
Operational reasons, such as improving efficiency, training and quality control or to provide support to you	For our legitimate interests, i.e. to be as efficient as we can so we can deliver the best service to you
Updating and enhancing customer records	Depending on the circumstances: —to perform our contract with you or to take steps at your request before entering into a contract —to comply with our legal and regulatory obligations —where neither of the above apply, for our legitimate interests, e.g. making sure that we can keep in touch with our customers about existing orders and new products
Disclosures and other activities necessary to comply with legal and regulatory obligations, e.g. to record and demonstrate evidence of your consent to our use of your information where relevant	To comply with our legal and regulatory obligations
Marketing our services to existing and former customers	For our legitimate interests, i.e. to promote our business to existing and former customers See ‘Marketing’ below for further information.
To share your information with members of our group and third parties that will or may take control or ownership of some or all of our business (and professional advisors acting on our or their behalf) in connection with a significant corporate transaction or restructuring, including a merger, acquisition, asset sale, initial public offering or in the event of our insolvency In such cases, information will be anonymised where possible and only shared where necessary	Depending on the circumstances: —to comply with our legal and regulatory obligations —in other cases, for our legitimate interests, i.e. to protect, realise or grow the value in our business and assets

 

• How and why we use your information—sharing

See ‘Who we share your information with’ for further information on the steps we will take to protect your information where we need to share it with others.

• Marketing

We will use your information to send you updates (by email, text message, telephone or post) about our services, including exclusive offers, promotions or new services or developments to the Platform.

We have a legitimate interest in using your information for marketing purposes. This means we do not need your consent to send you marketing information. If we change our marketing approach in the future so that consent is needed, we will ask for this separately and clearly.

You have the right to opt out of receiving marketing communications at any time by:

• contacting us at hello@taxtorch.com; or
• using the ‘unsubscribe’ link in emails or ‘STOP’ number in texts.

We will always treat your information with the utmost respect and never share it with other organisations for marketing purposes.

For more information on your right to object at any time to your information being used for marketing purposes, see ‘Your rights’ below.

• Who we share your information with

We routinely share your information with:

• service providers we use to help us provide the services or functionalities in the Platform (e.g. payment service providers); and
• other third parties who help us to run our business (e.g. website hosts and website analytics providers).

We only allow the companies referred to above to handle your information if we are satisfied they take appropriate measures to protect your information. We also impose contractual obligations on service providers to ensure they can only use your information to provide services to us and to you.

We or the third parties mentioned above occasionally also need to share your information with:

• our or their external auditors, e.g. in relation to the audit of our or their accounts — the recipient of the information will be bound by confidentiality obligations;
• our or their professional advisors (such as lawyers and other advisors) — the recipient of the information will be bound by confidentiality obligations;
• law enforcement agencies, courts or tribunals and regulatory bodies to comply with legal and regulatory obligations; or
• other parties that have or may acquire control or ownership of our business (and our or their professional advisers) in connection with a significant corporate transaction or restructuring, including a merger, acquisition, asset sale, initial public offering or in the event of our insolvency—usually, information will be anonymised but this may not always be possible. The recipient of any of your information will be bound by confidentiality obligations.

• How long your information will be kept

Different retention periods apply for different types of your information. Following the end of the relevant retention period, we will delete or anonymise your information.

• Transferring your information out of the UK

Countries outside the UK have differing data protection laws, some of which may provide lower levels of protection of privacy.

It is sometimes necessary for us to transfer your information to countries outside the UK. In those cases, we will comply with applicable UK laws designed to ensure the privacy of your information.

Under data protection laws, we can only transfer your information to a country outside the UK where:

• the UK government has decided the particular country ensures an adequate level of protection of your information (known as an ‘adequacy regulation’) further to Article 45 of the UK GDPR;
• there are appropriate safeguards in place, together with enforceable rights and effective legal remedies for you; or
• a specific exception applies under relevant data protection law.

Any changes to the destinations to which we send your information or in the transfer mechanisms we use to transfer your information internationally will be notified to you in accordance with the section on ‘Change to this privacy policy’ below.

If you would like further information about data transferred outside the UK, please contact us (see ‘How to contact us’ below).

• Cookies and other tracking technologies

A ‘cookie’ is a small text file when which is placed onto your device when you use our website. We use cookies to collect some of the information set out in this Policy.

Our Website uses cookies to identify you. Cookies can store your account identifier and website tracking. They can also be used for technical purposes such as keeping track of your current session and enabling you to proceed to the next step and use information which has already been entered (languages and theme choices), so that we can offer improved and more personalised services, products and other relevant communication tailored to you.

You can also modify your Cookie preferences straight from your browser. Please note that if you simply disable all of our cookies or cookies in general in your browser settings, you may find that certain sections or features of our Website will not work, because your browser may prevent us from setting Website functionally required cookies.

• Your rights

You generally have the following rights, which you can usually exercise free of charge:

Access to a copy of your information	The right to be provided with a copy of your information A more detailed explanation of this right is available here
Correction (also known as rectification)	The right to require us to correct any mistakes in your information A more detailed explanation of this right is available here
Erasure (also known as the right to be forgotten)	The right to require us to delete your information—in certain situations A more detailed explanation of this right is available here
Restriction of use	The right to require us to restrict use of your information in certain circumstances, eg if you contest the accuracy of the data A more detailed explanation of this right is available here
Data portability	The right to receive your information that you provided to us, in a structured, commonly used and machine-readable format and/or transmit that data to a third party—in certain situations A more detailed explanation of this right is available here
To object to use	The right to object: —at any time to your information being used for direct marketing (including profiling) —in certain other situations to our continued use of your information, e.g. where we use your information for our legitimate interests unless there are compelling legitimate grounds for the processing to continue or the processing is required for the establishment, exercise or defence of legal claims A more detailed explanation of this right is available here
Not to be subject to decisions without human involvement	The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you We do not make any such decisions based on data collected by the Platform A more detailed explanation of this right is available here
The right to withdraw consents	If you have provided us with a consent to use your information, you have a right to withdraw that consent easily at any time You may withdraw consents by contacting us and expressing your wish to exercise this right Withdrawing a consent will not affect the lawfulness of our use of your information in reliance on that consent before it was withdrawn

 

For further information on each of those rights, including the circumstances in which they do and do not apply, please contact us (see ‘How to contact us’ below). You may also find it helpful to refer to the guidance from the UK's Information Commissioner on your rights under the UK GDPR.

If you would like to exercise any of those rights, please email us — see below: ‘How to contact us’. When contacting us please:

• provide enough information to identify yourself (e.g. your full name, address and customer or matter reference number) and any additional identity information we may reasonably request from you, and
• let us know which right(s) you want to exercise and the information to which your request relates.

• Keeping your information secure

We have appropriate security measures to prevent your information from being accidentally lost, or used or accessed unlawfully, including using two-factor authentication to enable access to the Platform. We limit access to your information to those who have a genuine business need to access it.

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.

If you want detailed guidance from Get Safe Online on how to protect your information and other information and your computers and devices against fraud, identity theft, viruses and many other online problems, please visit www.getsafeonline.org. Get Safe Online is supported by HM Government and leading businesses.

• How to complain

Please contact us if you have any queries or concerns about our use of your information (see below ‘How to contact us’). We hope we will be able to resolve any issues you may have.

You also have the right to lodge a complaint with the Information Commissioner.

The Information Commissioner can be contacted using the details at https://ico.org.uk/make-a-complaint or telephone: 0303 123 1113.

• How to contact us

You can contact us by post or email if you have any questions about this privacy policy or the information we hold about you, to exercise a right under data protection law or to make a complaint.

Our contact details are shown below:

Address:        194 Quarry Street

Hamilton

Scotland

ML3 6QR

Email:            hello@taxtorch.com