KBL ADVISORYLegal and regulatory notices

PROVISION OF SERVICES REGULATIONS 2009

The following information is supplied in accordance with our obligations under The Provision of Services Regulations 2009. Required information not provided below is included in the engagement letter and terms of business between KBL Advisory and its clients.

Service Provider

Company name: KBL Advisory Limited trading as KBL Advisory

Legal form: A limited company registered in England and Wales
Service: Insolvency, restructuring and associated services
Registered number: 12140114
Registered office: Stamford House, Northenden Road, Sale, Cheshire, M33 2DH
Telephone Number: +44 (0)161 637 8100
VAT Registration Number: 328901103
Public Registers:
Details about the company’s registration can be viewed at www.companieshouse.gov.uk under the registered number given above.
Insolvency appointment- takers can be viewed at www.insolvencydirect.bis.gov.uk/fip1/

Trading Offices:

North West
Address: Stamford House, Northenden Road, Sale, Cheshire, M33 2DH
Telephone number: +44 (0) 161 673 8100

North East
Address: Business Central, 2 Union Square, Central Park, Darlington, DL1 1GL
Telephone number: +44 (0) 1325 734 820

QUALITY OF SERVICE

The following information relates to each of the service providers set out above.

KBL Advisory Limited place a high priority on client service and are keen to ensure that the quality of this is maintained. If at any time you would like to discuss how the firms’ service to you could be improved, or if you are dissatisfied with the service you are receiving, please contact Steve Kenny at Stamford House, Northenden Road, Sale, Cheshire, M33 2DH in the first instance. We undertake to look into any complaint carefully and promptly and to do all we can to explain the position to you. If we do not answer your complaint to your satisfaction, you may of course take up the matter with the Insolvency Complaints Gateway which is operated by the Insolvency Service.

This may be found at https://www.gov.uk/complain-about-insolvency-practitioner

For your information, principals licensed to act as Insolvency Practitioners in the UK by the Institute of Chartered Accountants in England and Wales:

Stephen Kenny

Richard Cole

Regulatory body contact details:
Professional Conduct Department
The Institute of Chartered Accountants in England and Wales
Metropolitan House
321 Avebury Boulevard
Milton Keynes
MK9 2FZ

PROFESSIONAL INDEMNITY INSURANCE

In accordance with the disclosure requirements of the Provision of Services Regulations 2009, the firm’s professional indemnity insurer is Aqueous Underwriting, 10th Floor Churchill Place, London E14 5HU. The territorial coverage is worldwide excluding professional business carried out in the United States of America or Canada.

GOVERNING LAW

The terms of our engagement and any services provided by us are governed by the laws of England and Wales and you agree that the English courts shall have exclusive jurisdiction in any dispute.

PRIVACY POLICY

KBL Advisory Limited and its subsidiary KBL Advisory (NE) Limited is committed to complying with all applicable data privacy and security including, but not limited to, the EU General Data Protection Regulation.

What is the purpose of this document?

This privacy notice describes how we collect and use personal information about our customers, suppliers and other third parties, in accordance with the General Data Protection Regulations (GDPR). This Privacy Notice applies to all Personal Data we process regardless of the media on which that data is stored or whether it relates to past or present customers, clients or supplier contacts, website or any other Data.

The Controller

KBL Advisory is the “data controller” and responsible for deciding how we hold and use personal information about you. We are required under data protection legislation to notify you of the information contained in this privacy notice.

The data we collect about you

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:

• Identity Data includes [first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender].
  
• Contact Data includes [billing address, delivery address, email address and telephone numbers].
  
• Financial Data includes [bank account and payment card details].
  
• Transaction Data includes [details about payments to and from you and other details of products and services you have purchased from us].
  
• Technical Data includes [internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website].
  
• Profile Data includes [your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses].
  
• Usage Data includes [information about how you use our website, products and services].
  
• Marketing and Communications Data includes [your preferences in receiving marketing from us and our third parties and your communication preferences].
  

We do not collect any Special Categories of Personal Data about you (this includes 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). Nor do we collect any information about criminal convictions and offences.

If you fail to provide personal data

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

How is your personal data collected and used

We use different methods to collect data from and about you, direct or indirect eg from third parties. We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

• 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 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 or which we feel may be of interest you or you may require;
  
• to ensure that content from our site(s) is presented in the most effective manner for you and for your computer; and
  
• to notify you about changes to our site(s) or the services that we offer.
  
• Where we need to perform the contract we are about to enter into or have entered into with you;
  
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests;
  
• Where we need to comply with a legal or regulatory obligation.
  

Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message. You have the right to withdraw consent to marketing at any time by contacting us.

Purposes for which we will use your personal data

We have set out below, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data.

What we do

Your contact details including your name, address, email address and/or telephone number.

Information that you provide by filling in forms on this website or any other website operated by KBL Advisory (our site(s)). This includes information provided at the time of submitting an enquiry through our site(s). We may also ask you for information, and when you report a problem with our site(s).

If you contact us, we may keep a record of that correspondence. In particular, if 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 your enquiry.

If you sign up to receive our newsletter, your preferences and any other information provided by you in the course of making such request.

If you download documents from our site(s), details of the documents that you have downloaded;

Details of transactions you carry out through our site(s).

Details of your visits to our site(s) including, but not limited to, traffic data, location data, weblogs and other communication data and the resources that you access.

Our Legal basis under GDPR

Article 6 (1)(a) Consent
Article 6(1)(b) This is necessary for the performance of a contract
Article 6(1)( c) This is necessary for compliance of a legal obligation

Article 6 (1)(a) Consent
Article 6(1)(b) This is necessary for the performance of a contract
Article 6(1)( c) This is necessary for compliance of a legal obligation

Article 6 (1)(a) Consent
Article 6(1)(b) This is necessary for the performance of a contract
Article 6(1)( c) This is necessary for compliance of a legal obligation

Article 6 (1)(a) Consent
Article 6 (1) (f) this is necessary for our legitimate interests

Article 6 (1)(a) Consent
Article 6(1)(b) This is necessary for the performance of a contract

Article 6 (1)(a) Consent
Article 6(1)(b) This is necessary for the performance of a contract

Article 6 (1)(a) Consent
Article 6 (1) (f) this is necessary for our legitimate interests

Marketing

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising.

Opting out

You can ask us or third parties to stop sending you marketing messages at any time by logging into the website and checking or unchecking relevant boxes to adjust your marketing preferences or by following the opt-out links on any marketing message sent to you or by contacting us at any time.

Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service purchase, warranty registration, product/service experience or other transaction.

Change of purpose

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

Disclosures of your personal data

We may have to share your personal data with the parties set out below for the purposes set out in the table in paragraph 4 above.

• Internal Third Parties within the Group
  
• External Third Parties eg professional advisors
  

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

Data security

We 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, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

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

Data retention

How long will you use my personal data for?

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

By law we have to keep basic information about our customers including Contact, Identity, Financial and Transaction Data for six years after they cease being customers for tax purposes.

In some circumstances you can ask us to delete your data: see Request erasure below for further information.

In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

Your legal rights

You have the right to:

Request access, to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.

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 successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.

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 ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.

Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.

Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.

Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent

If you wish to exercise any of the rights set out above, please contact Richard Cole.

No fee usually required

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 is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

What we may need from you

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

Time limit to respond

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

Your data Abroad

We do not transfer or process data outside of the European Economic Area unless we have specific consent or where the nature of the processing requires it. For example, because you have chosen to use an email or other communication service which routes data outside of the EEA.

Changes to this privacy notice

We reserve the right to update this privacy notice at any time, and we will provide you with a new privacy notice when we make any substantial updates. We may also notify you in other ways from time to time about the processing of your personal information.

If you have any questions about this privacy notice, please contact Richard Cole.

Who to contact

We have appointed Richard Cole to oversee compliance with this privacy notice. If you have any questions about this privacy notice or how we handle your personal information, please contact Richard Cole on info@kbl-advisory.com. 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.

WEBSITE TERMS AND CONDITIONS

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website which include www.kbl-advisory.com (our ‘Website’), whether as a guest or a registered user. Please read these terms of use carefully before you start to use our Website. By using our Website, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our Website.

Accessing Our Website
Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Website without notice (see below). We will not be liable if for any reason our Website is unavailable at any time or for any period.

From time to time, we may restrict access to some parts of our Website, or the entirety of Website, to users who have registered with us.

If you are provided with a password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

You are responsible for making all arrangements necessary for you to have access to our Website. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms, and that they comply with them.

Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You must not print off, copy, or in any way download extracts, of any page(s) from our Website.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the author of material on our Website must always be acknowledged.

You must not use any part of the materials on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our Website in breach of these terms of use, your right to use any our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Reliance on Information Posted
Commentary and other materials posted on our Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Website, or by anyone who may be informed of any of its contents.

Our Website Changes Regularly
We aim to update our Website regularly, and may change the content at any time. If the need arises, we may suspend access to our Website, or close them indefinitely. Any of the material on our Website may be out of date at any given time, and we are under no obligation to update such material.

Our Liability
The material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we and third parties connected to us hereby expressly exclude:

• All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
  
• Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our Website, any Website linked to it and any materials posted on it, including, without limitation any liability for:
  
  • loss of income or revenue;
    
  • loss of business;
    
  • loss of profits or contracts;
    
  • loss of anticipated savings;
    
  • loss of data;
    
  • loss of goodwill;
    
  • wasted management or office time; and
    
  • for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
    

This does not affect our liability for death or personal injury arising from our negligence, or our liability for deceit or fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law. 

Information About You and Your Visits to our Website
We process information about you in accordance with our privacy policy. By using our Website, you consent to such processing and you warrant that all data provided by you is accurate.

 

Uploading Material to our Website
Whenever you make use of a feature that allows you to upload material to our Website, or to make contact with other users of our Website, you must comply with the content standards set out in our acceptable use policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.

We have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to any our Website constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Website. We have the right to remove any material or posting you make on any Website if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy.

 

Viruses, Hacking and Other Offences
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on them, or on any website linked to them.

Links From our Website
Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Jurisdiction and Applicable Law
The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our Website although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These terms of use are governed by English law.

Variations
We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our Website.