Caldwell Penn Group

Client Data Privacy Notice

1. INTRODUCTION

1.1 The Caldwell Penn Group respects your privacy and is committed to protecting your personal data. This Client Data Privacy Notice (“Privacy Notice”) will inform you as to how we process personal data in the course of providing services for our clients.

2. ABOUT US

Purpose of this Privacy Notice

2.1 This Privacy Notice aims to give you information on how the Caldwell Penn Group collects and processes personal data belonging to you, your personnel (including your directors, shareholders, employees, workers and agents), and (where relevant) other individuals relating to you or who you deal with in the context of our providing services to you or your business.

2.2 It is important that you read this Privacy Notice so that you are fully aware of how and why we are using your data.

Controller

2.3 The Caldwell Penn Group is made of different legal entities, including Caldwell Penn Group Limited (with company number 16393757), Caldwell Penn Limited (with company number 03872209 and ICO registration number ZA242615), Finance Controlled Limited (with company number 15688121). Our principal place of business is 7A Abbey Business Park, Monks Walk, Farnham, Surrey, United Kingdom, GU9 8HT.

2.4 This Privacy Notice is issued on behalf of the group of entities referred to above so when we mention the “Caldwell Penn Group”, “we”, “us” or “our” in this Privacy Notice, we are referring to the relevant entity in the Caldwell Group responsible for processing your personal data as data controller.

2.5 We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this Privacy Notice. If you have any questions about this Privacy Notice, including any requests to exercise your legal rights, please contact our DPO using the details set out below.

Contact details

2.6 If you have any questions about this Privacy Notice or our privacy practices, please contact our DPO in one of the following ways:

Data Protection Officer: Geoff Allen

Email address: office@caldwellpenn.com

Telephone: +44 1483 898400

Postal address: 7A Abbey Business Park, Monks Walk, Farnham, Surrey, United Kingdom, GU9 8HT

Keeping your information up to date

2.7 It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

3. THE DATA WE COLLECT ABOUT YOU

3.1 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).

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

  1. Identity Data includes full name, title, date of birth, signature(s), utility bills, bank statements, national identification, national insurance number(s) and photographic identification data.
  2. Contact Data includes name, business (including billing and delivery) address, email address and telephone numbers.
  3. Financial Data includes bank account and payment card details, payroll-related financial information, financial details which are relevant to your instructions (such as the source of your funds) and other information relevant to our client due diligence, anti-money laundering and know your client checks.
  4. Service & Transaction Data includes:
  5. information relating to the service in which you are seeking our advice or representation, including personal data contained in emails, correspondence and other documents which you may provide to us. This may include information relating to personal income (e.g. salary and other income), personal tax information, tax codes, allowances, status of wealth, trusts, payroll information (including National Insurance numbers, salary, pension and bank details), anti-money laundering and identity verification information, calculations relating to this information, correspondence and other financial, audit, assurance, business, accounting and tax-related information capable of identifying and relating to an individual.
  6. details about payments to and from you and other details of services you have obtained from us.
  7. Technical Data includes information we obtain from our IT and communications monitoring; information from cookies on our website and similar tracking technologies used in our marketing emails; this may also include information from building access controls.
  8. Marketing and Communications Data includes your preferences in receiving marketing from us (and, if relevant, third parties) and your communication preferences.
  9. Third Party Sourced Data includes information from company registrars (e.g. Companies House in the UK) and information from your professional online presence (e.g. website, LinkedIn profile etc.).

3.3 We may also collect, use and share Anonymised Data such as statistical or demographic data for any purpose. Anonymised Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity.

3.4 We do not routinely seek to collect 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). However, Special Categories of Personal Data may be provided to us incidentally, for example where health information or other sensitive information is included in payroll records, personal tax records, correspondence or other information provided to us. We may also collect Criminal Convictions and Offences Data where this is necessary for legal, regulatory, anti-money laundering, fraud prevention or related compliance purposes.

If you fail to provide personal data

3.5 Where we need to collect personal data by law, to carry out your instructions, or under the terms of our engagement with you (as set out in our engagement letter and / or terms of business), and you fail to provide that data when requested, we may be delayed or unable to perform our services to you.

Personal data of affiliated individuals

3.6 Where the personal data relates to your directors, shareholders, beneficial owners, employees, agents, associates, family members or other individuals that you deal with or have personal data about, you confirm that your provision of this personal data to us is lawful under applicable data protection laws.

4. HOW WE COLLECT YOUR PERSONAL DATA

4.1 We use different methods to collect data from and about you including:

  1. when we collect the information from you directly, particularly when we communicate with you by email or other electronic correspondence, by telephone or using video conferencing software. You may give us your Identity, Contact, Service & Transaction and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:
    1. make an enquiry or a request for our services;
    2. subscribe to our publications;
    3. request marketing be sent to you;
    4. complete a survey; or
    5. provide us with feedback.
  2. in the process of carrying out work for you and / or your business;
  3. networking (for example, at in-person or virtual events);
  4. via our website - we may use cookies on our website and similar tracking devices in our marketing emails (for more information on our use of cookies and similar tracking devices, please see our website Privacy Policy);
  5. via our information technology systems, including our client relationship management, tax and accounting, and similar systems and, where applicable, building access control systems, CCTV footage, Wi-Fi services and reception logs;
  6. from publicly accessible sources, (for example, UK Companies House);
  7. from third parties (for example, other accountancy practices, related service providers (such as pension providers, financial services providers, lawyers, investment brokers and insurance providers), client due diligence providers, or other advisors, consultants and professionals you or we may engage);
  8. government departments (like HMRC) or professional bodies (like ICAEW); and / or
  9. otherwise through providing our services and operating our business.

5. HOW WE USE YOUR PERSONAL DATA

5.1 We will only use your personal data when we have a legal basis to do so. Most commonly, we will use your personal data in the following circumstances:

  1. where we need to perform the contract that we are about to enter into, or have entered into, with you;
  2. 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. These legitimate interests include our interests in promoting our services, managing our relationship with our clients, prospective clients and their staff, hosting clients and others at our offices, hosting virtual and in-person events and ensuring appropriate standards and compliance with policies, practices or procedures;
  3. where we need to comply with a legal obligation to which the Caldwell Penn Group is subject (for example, to meet our anti-money laundering requirements);
  4. where it is necessary for us to process Special Category Personal Data or Criminal Convictions and Offences Data and we have a lawful basis and applicable condition for doing so, or where we have obtained your explicit consent to do so. If we seek and obtain your consent, you may withdraw it at any time.

5.2 The table in the next section below further explains the purposes for which the Caldwell Penn Group may use your personal data and our legal basis for doing so.

Purposes for which we will use your personal data

5.3 We have set out below, in a table format, a description of the ways we may 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.

Purpose or activity Type of data Lawful basis for processing including basis of legitimate interest
To check whether we can provide our services to you as a new or existing client, or on a matter involving a new or existing client, and carry out all of our regulatory compliance requirements, including conflicts of interest, anti-money laundering, anti-terrorism, sanctions, fraud and background screening checks. Identity, Contact, Financial, Service & Transaction, Third Party Sourced. As is necessary to comply with a legal or regulatory obligation.
Where the above does not apply, as is necessary for our legitimate interests (to detect and prevent, among other things, the commission of fraud, money laundering and terrorism offences). We consider this use to be necessary for our legitimate interests and proportionate.
To deliver our services to you including (but not limited to) filing accounts and tax returns, audit, assurance, fee protection and enquiry services, providing advisory and ancillary services, outsourced services, regulatory purposes, engaging service providers, managing payments, fees and charges and collecting and recovering money owed to us. Identity, Contact, Financial, Service & Transaction, Technical, Third Party Sourced, Marketing and Communications. For the performance of our contract with you.
Where the above does not apply, as is necessary for our legitimate interests (to deliver our services, manage payments and recover debts due to us). We consider this use to be necessary for our legitimate interests and proportionate.
To manage our relationship with you which will include notifying you about changes to our terms or Privacy Notice. Identity, Contact, Financial, Service & Transaction, Technical, Marketing and Communications. For the performance of our contract with you.
Where the above does not apply, as is necessary for our legitimate interests to manage our client relationships. We consider this use to be necessary for our legitimate interests and proportionate.
To carry out associated administration, record keeping and accounting in connection with your matters and other processing necessary to comply with our professional, legal and regulatory obligations. Identity, Contact, Financial, Service & Transaction, Technical, Third Party Sourced. For the performance of our contract with you.
Where the above does not apply, as is necessary to comply with our legal and regulatory obligations.
To comply with our internal business policies and for operational reasons, such as improving efficiency, training and quality control. Identity, Contact, Financial, Service & Transaction, Technical, Third Party Sourced. It is in our legitimate interests or those of a third party to adhere to our own internal procedures so that we can deliver an efficient service to you. We consider this use to be necessary for our legitimate interests and proportionate.
To address any complaints or claims and/or to enforce legal rights or defend or undertake legal proceedings. Identity, Contact, Financial, Service & Transaction, Technical, Third Party Sourced. As is necessary for our legitimate interests to manage our client relationships. We consider this use to be necessary for our legitimate interests and proportionate. Otherwise, and where necessary, as is necessary for the establishment, exercise or defence of legal claims
To protect the security of our systems and data used to provide services and to prevent unauthorised access and modifications to our systems. Identity, Contact, Financial, Service & Transaction, Technical. As is necessary to comply with a legal or regulatory obligation.
Where the above does not apply, as is necessary for our legitimate interests to prevent and detect activity that could be damaging for us, you and/or anyone else. We consider this use to be necessary for our legitimate interests and proportionate.
To make suggestions and recommendations to you about services that may be of interest to you or to otherwise carry out marketing (including sending you alerts, newsletters, announcements, invitations to events, updates, legal or regulatory developments or other notifications which may be of interest to you). Identity, Contact, Technical, Third Party Sourced, Marketing and Communications. It is in our legitimate interests to market our services in order to promote and grow our business. We consider this use to be proportionate and will not be prejudicial or detrimental to you.
In some cases, we may rely on your consent (e.g. where we are required to do so before marketing to you or for the use of non-essential cookies or similar tracking technologies we use within our marketing emails to track delivery and log when emails are opened).
To assist with external audits and quality checks. Contact, Identity, Financial, Service & Transaction, Third Party Sourced. As is necessary to comply with a legal or regulatory obligation.
Where the above does not apply, as is necessary to maintain our accreditations so we can demonstrate we operate at the highest standards. We consider this use to be necessary for our legitimate interests and proportionate.

Marketing

5.4 We may use your personal data to notify you about important legal developments and services which we think you may find valuable, by sending you newsletters, invitations to seminars and similar marketing. Unless by law we need your consent to send you marketing information, we have a legitimate interest in using your personal data for marketing purposes (see the table above).

5.5 You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by contacting us.

Change of purpose

5.6 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.

5.7 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.

Special category data

5.8 Some of the personal data which you provide to us, or which we may receive, may be Special Categories of Personal Data (see section 3 for the definition). We may process these Special Categories of Personal Data on the basis of one or more of the following:

  1. where you have given explicit consent to the processing of the personal data for one or more specified purposes;
  2. where the processing is necessary for the establishment, exercise or defence of legal claims; and/or
  3. where the processing is necessary for reasons of substantial public interest, in accordance with applicable law.

Criminal convictions and offences

5.9 We may collect and store Criminal Convictions and Offences Data (including the alleged commission of offences) only where necessary for the purposes of:

  1. the prevention or detection of an unlawful act and is necessary for reasons of substantial public interest;
  2. providing or obtaining legal advice; or
  3. establishing, exercising or defending legal rights.

Email monitoring

5.10 Emails which you send to us or which we send to you may be monitored by us to ensure compliance with professional standards and our internal compliance policies. Monitoring is not continuous or routine but may be undertaken on the instruction of someone with appropriate seniority where there are reasonable grounds for doing so.

6. DISCLOSURES OF YOUR PERSONAL DATA

6.1 We may share your personal data with the parties set out below for the purposes set out in section 5 above or where required by law:

    1. our directors, officers, personnel and consultants as necessarily required;
    2. other entities and offices in the Caldwell Penn Group;
    3. third party processors, service providers, representatives and agents that we use to make our business more efficient, including for our IT services, administrative services, cloud services, data storage/back-up, marketing, secure document management, accounting and tax platforms, workflow systems, payroll systems, anti-money laundering and client identification platforms, communications systems, payment systems and outsourced finance and administrative support;
    4. professional advisers, including other accounting practices (e.g. in other jurisdictions), pension providers, financial services providers, investment brokers, auditors and insurers;
    5. our professional indemnity insurers or brokers, lawyers and our auditors, or risk managers who we or they may appoint;
    6. debt collection lawyers or agencies;
    7. if we consider disclosure to be required by law or the rules of any applicable governmental, regulatory or professional body. These may be the relevant tax authorities (e.g. HMRC), law enforcement agencies, regulators (e.g. the ICO) and professional bodies (e.g. the Institute of Chartered Accountants in England and Wales (or ICAEW)) and other authorities where relevant. In certain circumstances, we may be prohibited from telling you that a disclosure has been made;
    8. third parties (together with their advisors) to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then we will ensure you are notified accordingly, and the new owners may use your personal data in the same way as set out in this Privacy Notice.

6.2 We require all third parties to respect the security of your personal data and to treat it in accordance with the law. Where processing of personal data is carried out by a third party processor on our behalf, we endeavour to ensure that the processor provides sufficient guarantees to implement appropriate technical and organisational measures so that processing will meet the requirements of data protection laws.

7. INTERNATIONAL TRANSFERS

7.1 To deliver services to you, it is sometimes necessary for us to transfer and store your personal data outside the UK, or the European Economic Area (together “European Territories”) as follows:

    1. with our service providers located outside the European Territories, including outsourced service providers located in India who support service delivery (including bookkeeping processing, monthly accounting, administration, management accounts, VAT return preparation, annual compliance accounting, personal tax return preparation and confirmation statement work);
    2. if you are based outside the European Territories; and/or
    3. where there is an international aspect to the services you have instructed us to carry out.

7.2 Where applicable data protection laws apply, and personal data is transferred by us to, and stored outside, the European Territories, we take steps to provide appropriate safeguards to protect your personal data, including:

    1. transferring your personal data to a country, territory, sector or international organisation which the appropriate supervisory authority has determined ensures an adequate level of protection, as permitted under applicable data protection laws;
    2. entering into standard contractual clauses in a form approved by the appropriate supervisory authority, obliging recipients to protect your personal data as required under applicable data protection laws;
    3. in the absence of an adequacy decision or of appropriate safeguards as referenced above, we will only transfer personal data to a third country (that is, outside the European Territories) where permitted under applicable data protection laws.

7.3 Please contact us (using the details set out above) if you would like further information on the specific mechanism we use when transferring your personal data out of the European Territories.

8. DATA SECURITY

8.1 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 need to know. They will only process your personal data on our instructions, and they are subject to a duty of confidentiality.

8.2 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.

8.3 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 over the internet.

9. DATA RETENTION

9.1 How long will you use my personal data for?

9.2 We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements or any legitimate business purposes. We may retain your personal data for a longer period if the circumstances are justified, for example in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

9.3 In some circumstances we will 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.

10. YOUR LEGAL RIGHTS

10.1 Under certain circumstances, you have rights under data protection laws in relation to your personal data to:

    1. Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of your personal data which we are processing. We may refuse to comply with a subject access request (partly or wholly where applicable) if the request is:
    2. manifestly unfounded or excessive or repetitive in nature;
    3. in relation to information in respect of which a claim to legal professional privilege could be maintained in legal proceedings;
    4. in respect of information in respect of which we owe a duty of confidentiality to our client; and / or
    5. an alternative exception applies under applicable law.
    6. Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us. We may refuse to comply with a request for correction if the request is manifestly unfounded or excessive or repetitive.
    7. 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 an applicable law. Note, however, your right of erasure arises only in certain circumstances and 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.
    8. 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:
    9. If you want us to establish the data's accuracy.
    10. Where our use of the data is unlawful but you do not want us to erase it.
    11. 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.
    12. You have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
    13. Request 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. This right only applies to information processed by automated means which you initially provided consent for us to use or where we used the information to perform a contract with you.
    14. 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.

10.2 You also have the right to 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. Where you object on this ground, we shall no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims. You also have the right to object where we are processing your personal data for direct marketing purposes.

10.3 Please note that the above rights are not absolute, and we may be entitled to refuse requests, wholly or partly, where exceptions under applicable law apply. We may refuse a request for erasure, for example, where the processing is necessary to comply with a legal obligation or necessary for the establishment, exercise or defence of legal claims.

How to exercise your rights

10.4 You can exercise any of your rights as described in this Privacy Notice and under data protection laws by contacting our DPO (see contact details above).

No fee usually required

10.5 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 manifestly unfounded, repetitive or excessive. Alternatively, we could refuse to comply with your request in these circumstances.

What we may need from you

10.6 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. It will help us to process your request if you clearly state which right you wish to exercise, what personal information it is that is of particular concern to you and, where appropriate, why it is that you are exercising it.

Time limit to respond

10.7 We try to respond to all legitimate requests within one month. Occasionally it could 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.

11. COMPLAINTS

11.1 You have the right to lodge a complaint to the UK data protection regulator, the Information Commissioner’s Office (“ICO”). Information on how to contact the Information Commissioner’s Office (“ICO”) is available at www.ico.org.uk. We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance (using the contact details in section 2 above).

12. CHANGES TO THIS POLICY

12.1 We keep this Client Data Privacy Notice under regular review and may change it from time to time.

12.2 This version was last updated on 30 April 2026.