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In this section of our privacy statement on liquidations, the term “company” refers to the company, corporation or institution which is being liquidated, administered or restructured (referred to as a “Liquidation”).
Certain PwC partners or directors act as liquidators (“PwC liquidators”). When a company goes into Liquidation, one or more PwC liquidators may be appointed to manage the company’s affairs, business and property. To find out more about the roles of the company, the liquidators and PwC from a data protection perspective, why and how personal data is collected and used in connection with an Insolvency and individual’s rights and how to exercise them, please read the information provided below.
Dedicated websites are created to provide specific information about larger Liquidations and, where that is the case, you should refer to the relevant website for further information about that Liquidation.
Data protection law contains the concepts of controllers and processors:
The controller for personal data processed by the company prior to the Liquidation was the company.
Where PwC liquidators are appointed:
Where PwC liquidators or the company engages PwC to provide services in relation to a Liquidation, PwC may act as a data processor on behalf of the PwC liquidators or the company as appropriate. Other processors may be used for specific purposes. Further details about the processors (such as IT service providers) used by the PwC liquidators and PwC and locations of processing are provided here.
The PwC liquidators collect and process personal data for the purposes of complying with their legal obligations as liquidators and for the legitimate interests of the Liquidation and so consent from individuals for this processing is not required.
The nature and amount of personal data the company has about an individual will depend on the type of company, the nature of its affairs (e.g. industry/sector) and an individual’s relationship with the company.
Typical personal data processed by the company may involve employees, officers or directors of the company and would include name and contact details, role/position/title and area of responsibility, certain identifying information (e.g. passport photo, etc) as required by laws and regulations, information about pay and performance.
If you have dealt with the company in an individual capacity (e.g. as a customer or a client) then the company is likely to hold information about your interactions with the company (such as purchases and correspondence).
The company and the PwC liquidators process personal data for the purposes of complying with the following legal obligations and/or legitimate interests:
The PwC liquidators may collate, process and disseminate statistics based on an aggregation of data held by them or the company provided that any individual is not identifiable from the resulting analysis and the collation, processing and dissemination of such information is permitted by law.
The PwC liquidators will delete personal data once it is no longer required for the purposes of the Liquidation and the relevant statutory retention periods have passed.
The relevant PwC liquidators retain data collected as a consequence of their legal and statutory obligations for 10 years after the discharge of their appointment in the Liquidation.
Individuals have certain rights over their personal data and controllers are responsible for fulfilling these rights. Individual’s rights may include the right of access to personal data, to rectification of personal data, to erasure of personal data / right to be forgotten, to restrict processing of personal data, to object to processing of personal data, to data portability, the right to withdraw consent at any time (where processing is based on consent) and the right to lodge a complaint with a supervisory authority (further information about when these rights are available is provided here).
You may exercise your rights by making a written request to the relevant controller (the company or the PwC liquidators) using the contact details provided in communications about the Liquidation. The request should contain sufficient information to verify your identity and provide sufficient information to locate the data that about which you are exercising your right.