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Data Protection Policy

 

WHAT IS THE PURPOSE OF THIS DOCUMENT?

The Irish Taxation Institute trading as “Irish Tax Institute” (Institute, our, us or we) is committed to protecting the privacy and security of your personal data.

This privacy notice describes how we collect and use the personal data of individuals we do business with (also referred to in this notice as 'you'). This includes our current, former and prospective:

  • members, affiliates, students
  • council members/directors
  • lecturers, tutors or speakers on courses, conferences, seminars or events run or hosted by the Institute as well as contributors to our magazines, books and publications
  • student mentors
  • purchasers and subscribers to our magazines, books, publications and products/services (including online) as well as registrants for continuing professional development training courses or other courses, events and seminars
  • representatives from employers of affiliates, students and members as well as representatives of member firms and service providers
  • examiners, invigilators and moderators as well as editors of our publications and books
  • complainants and enquirers

This notice does not form part of any contract to provide services. We may update this notice at any time.

We have a separate privacy notice for our staff and those wishing to become our employees which can be accessed at the time of applying to the Institute.

It is important that you read this notice, together with any other privacy notice we may provide on specific occasions when we are collecting or processing personal data about you, so that you are aware of how and why we are using such data.

Data Controller

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

THE KIND OF DATA WE HOLD ABOUT YOU

“Personal data” 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). There are “special categories of personal data” which require a higher level of protection. These include information about a person’s racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, physical or mental health or condition or sexual life.

We may collect, store, and use the following categories of personal information about you:

Category of Personal Information

Examples

A

Identity Data

first name, last name, title, date of birth, PPS number, gender, Institute ID number

B

Contact Data

work address, home address, email address, telephone number, mobile number, place of work

C

Profile Data

username, password, employment and educational history, professional / educational qualifications, purchases/orders made by you, your queries and complaints, your interests, preferences and feedback responses, records of our communication with you, details about how you use our products/services, any contraventions by you of our rules and regulations, criminal convictions and offence, CPD compliance history, membership number

D

Course Data

details of Institute assessments including assessment scripts and results taken by, your attendance at our courses, events and seminars

E

Video Data

individual or group photographs or videos including those taken at our conferring ceremonies, seminars, events or courses for use on our website, training materials or publications

F

Financial Data

bank account details, payment card details

G

Transaction Data

details about payments to and from you and other details of products/services you have purchased from us

H

Marketing Data

your preferences in receiving marketing from us and our third party service providers and your communication preferences

I

IT Data

information about your use of our information and communications systems and website as well as the recording and broadcasting of our seminars, events and courses which you attend, CCTV footage and other information obtained through electronic means including your use of our Learning Management System and our online seminars and course

J

Council Data

information about each director of the Institute for inclusion on the Companies Office Register including first name, last name, residential address, date of birth, nationality, list of directorships, business occupation

We may also collect, store and use the following special categories of personal information, namely information about your health, including any medical condition, health and sickness records.

During the working relationship with you, we may also collect, store and use information about criminal convictions and offences.

HOW IS YOUR PERSONAL DATA COLLECTED?

We will collect data directly from you (for example from application and/or registration forms, student forms, membership forms, CPD forms, contributor’s forms, sales order, change of details forms, at events, through communication with us and via our website and by telephone) and will create some data internally (e.g. when we assign you an Institute student/member ID or you become a council member or determine assessment results or exchange correspondence with you).

We will also collect additional personal data throughout the period you remain a council member, member or student of the Institute or you continue to interact / work with or provide a service to us or purchase products/services from us.

We may also collect some data from external sources. For example:

  • Employers may provide the Institute with relevant information on you where you are employed by and/or training with them, including where they are registering you with us as a member or student, registering you for a course or paying your membership, course and/or examination fees or confirming your employment status with us for the purposes of your CPD obligations
  • Institute's service providers (e.g. lecturers, tutors, mentors, contributors, moderators, examiners and invigilators) will send the Institute information relevant to the service they are providing
  • The general public may provide information to the Institute in relation to complaints and/or investigations
  • We may obtain data about you from publicly available resources such as the Companies Office Register, the website of and/or publications issued by the Revenue Commissioners

HOW WE WILL USE DATA ABOUT YOU

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:

  • Where we need to perform the contract we have entered into with you.
  • Where we need to comply with a legal obligation.
  • 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.

We may also use your personal data, which is likely to be rare, where we need to protect your interests (or someone else’s interests).

Situations in which we will use your personal data

The table below describes the legal basis that applies to our purposes for processing your personal data. Depending on the circumstances, more than one legal basis may apply.

Purposes

Category of Personal Data

Lawful basis for processing

Managing our relationship with you including notifying you of changes to our terms or privacy policy or asking you for your feedback on our services/products, recording our communications with you, for regulatory purposes  

Categories A,B,C,D,E,F,G, H,I,J

Performance of a contract with you;

Necessary for our legitimate interests to maintain our relationship with you, keep our records updated and to study how you use our products/services; and

Necessary to comply with a legal obligation

Administration, operating, recording and/or broadcasting courses, seminars, conferring ceremonies, events and training and to monitor the delivery of such courses, seminars, events and training

Categories A,B,C,E,I

Performance of a contract with you;

Necessary for our legitimate interest for running and growing our business, ensuring compliance with our regulations and studying the engagement with our courses

Assignment of mentors to students (at their request) to provide them with educational support

Category A,B

Consent

Performing enquiries, investigations and complaints and gathering evidence for possible disciplinary hearing

Categories A,B,C,D,E,F,G,

H,I

Performance of a contract with you;

Necessary for our legitimate interest for running, maintaining and growing our business

Administration of the Learning Management System which monitors students’ participation in our courses

Categories A,B,C,D,I

Performance of a contract with you

Respond to your queries and assist you with your requests

Categories A,B,C,D,E,F,G, H,I

Performance of a contract with you

Managing subscriptions to our products and services including TaxFind

Categories A,B,C,F,G,I

Performance of a contract with you

Managing our relationship with your employer / member firm where they pay your membership and course fees to include providing data to them on your engagement with our courses as well as information on your attendance at our assessments and courses and your assessment results as well as working with them in relation to your compliance with our rules and regulations (including CPD requirements) and in the cases where you contravene our rules and regulations

Categories A,B,C,D,I

Performance of a contract with you;

Necessary for our legitimate interest for running and maintaining our business, ensuring compliance with our regulations and studying the engagement with our courses;

Necessary for legitimate interest of our member firms for running, maintaining and growing their business

To process and deliver orders for our products/services including (a) manage payments, fees and charges; (b) collect and recover money owed to us

Categories A,B,C,D,F,G,I

Performance of a contract with you; and

Necessary for our legitimate interests to recover debts due to us

To send you relevant communications including marketing and to make suggestions and recommendations to you about products/services that may be of interest to you

Categories A,B,C,D,E,H,I

Necessary for our legitimate interests to develop our products/services and grow our business

Administering the contract we have entered into with you

Categories A,B,C,D,E,F,G,H

Performance of a contract with you

Business operation, management and planning, including accounting and auditing

Categories A,B,C,D,E,F,G, H,I,J

Necessary for our legitimate interests for running, managing and growing our business;

Necessary to comply with a legal obligation

Education, training and development requirements

Categories A,B,C,D

Performance of a contract with you

Dealing with legal disputes

Categories A,B,C,D,E,F,G, H,I

Performance of a contract with you;

Necessary for our legitimate interests for running and maintaining our business;

Necessary to comply with a legal obligation

To prevent fraud

Categories A,B,C,D,E,F,G,H,I

Necessary for our legitimate interests for running, maintaining and protecting our business;

Necessary to comply with a legal obligation

To monitor your use of our information and communication systems to ensure compliance with our IT policies and regulations

Categories A,B,C,D,E,F,G,I

Performance of a contract with you;

Necessary for our legitimate interests for running, maintaining and growing our business as well as protecting our IT systems and security;

Necessary to comply with a legal obligation

To ensure network and information security, including preventing unauthorised access to our computer and electronic communications systems and preventing malicious software distribution

Categories A,B,C,D,E,F,G,I

Performance of a contract with you;

Necessary for our legitimate interests for running, maintaining and growing our business as well as protecting our IT systems and security;

Necessary to comply with a legal obligation

If you fail to provide personal data

If you fail to provide certain data when requested, we may not be able to perform the contract we have entered into with you (such as paying you or providing a service to you) or we may be prevented from complying with our legal obligations.

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 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.

HOW WE USE SPECIAL CATEGORIES OF PERSONAL DATA

“Special categories of personal data” require higher levels of protection. We have in place appropriate safeguards which we are required by law to maintain when processing such data. We may process your special categories of personal data, in limited circumstances, with your explicit written consent.

Less commonly, we may process this type of data where it is needed in relation to legal claims or where it is needed to protect your interests (or someone else’s interests) and you are not capable of giving your consent, or where you have already made the information public.

We will use your special categories of personal data in the following ways:

•  We will use information about your physical or mental health, or disability status, to determine eligibility of students for special assistance requirements for assessments or the deferment of assessments/courses to monitor and manage sickness absence during courses

•  We will use information about your physical or mental health to determine eligibility of members or affiliates for reduced membership/affiliate rates

Do we need your consent?

We do not need your consent if we use special categories of your personal data in accordance with the provisions set out under law. However, in certain circumstances, we may approach you for your written consent to allow us to process certain particularly sensitive data. If we do so, we will provide you with full details of the information that we would like and the reason we need it, so that you can carefully consider whether you wish to consent. You should be aware that it is not a condition of your contract with us that you agree to any request for consent from us.

DATA ABOUT CRIMINAL CONVICTIONS

We will collect information about criminal convictions where we are notified of this directly by you or we are notified of this by 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:

  • Where we need to comply with a legal obligation.
  • 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.

We will use information about criminal convictions and offences in the following ways:

  • With your explicit written consent
  • Where it is necessary to perform a contract with you or to take steps at your request prior to entering into a contract with you
  • Where it is needed to obtain legal advice or for the purposes of or in connection with legal claims or legal proceedings (including prospective claims or proceedings)
  • Where it is needed to investigate whether you have breached our rules and regulations and/or prosecute such breaches

We have in place appropriate safeguards which we are required by law to maintain when processing information about criminal convictions.

AUTOMATED DECISION-MAKING

We do not envisage that any decisions will be taken about you using automated means. However we will notify you in writing if this position changes.

DATA SHARING

Why might you share my personal data with third parties?

We will share your personal data with third parties where required by law, where it is necessary to administer the working relationship with you or where we have another legitimate interest in doing so.

Which third-party service providers process my personal data?

“Third parties” includes third-party service providers (including contractors and designated agents). The following activities are carried out by third-party service providers: payroll and administration, hosting CRM system, credit card and payment providers, printers, IT service and support providers, educational technology providers and third party companies that distribute on our behalf, our publications.

How secure is my data with third-party service providers?

All our third-party service providers are required to take appropriate security measures to protect your personal data in line with our policies. We do not allow our third-party service providers to use your personal data for their own purposes. We only permit them to process your personal data for specified purposes and in accordance with our instructions.

When will you share my data with third parties?

We may share your personal data with other third parties, for example in the context of the possible sale or restructuring of our business.

We may also share your personal data with:

  • affiliate associations with whom the Institute operate joint qualification schemes in order to operates such schemes or with whom the Institute co-host events and seminars (such as the Chartered Institute of Management Accountants, the Association of Chartered Certified Accountants, the Society of Trust and Estate Practitioners Ireland, the Institute of Management Consultants and Advisers and LIA)
  • your employers where they are paying your membership fees and/or course or examination fees to confirm that you are engaging with the course (eg attending lectures, tutorials and assessments, viewing online lectures, completing e-learning modules and participating in the discussion fora in the Learning Management System) as well as advising them of your assessment results and attendance record and of any contraventions by you of our regulations (such as plagiarism or personation) and confirming with them (as well as ensuring) your compliance with our rules and regulations (including CPD requirements)
  • hotels where you book accommodation for an event or conference through the Institute
  • our payroll providers who will process and email payments/payslips to contributors, lecturers, tutors, moderators, invigilators and examiners
  • the general public as we publish a members’ directory on our site but only limited personal data is released
  • our professional and legal advisors and other third parties in order to investigate complaints and disciplinary matters or to establish, exercise or defend our legal rights
  • third party companies that distribute on our behalf, our publications

In the case of students, we may also share certain personal data with your mentors subject to obtaining your prior consent. We may also share your personal data with lecturers for the purposes of their confirming your attendance at our courses.

We may also need to share your personal data with a regulator, law enforcement authorities or to otherwise comply with the law.

Transferring Data outside the EU

We may transfer your personal data outside the EU. If we do, you can expect a similar degree of protection in respect of your personal data.

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 data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.

DATA RETENTION

How long will you use my 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.

In some circumstances we may anonymise your personal data so that it can no longer be associated with you, in which case we may use such data without further notice to you. Once you are no longer a member or student of the Institute or your relationship with us has ended (for whatever reason), we will retain and securely destroy your personal data in accordance with our data retention policy.

RIGHTS OF ACCESS, CORRECTION, ERASURE, AND RESTRICTION

Your duty to inform us of changes

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 working relationship with us.

Your rights in connection with your personal data

Under certain circumstances, by law you have the right to:

Request access to your personal data. 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 correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.

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 exercised your right to object to processing (see below).

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. You also have the right to object where we are processing your personal data for direct marketing purposes.

Request the restriction of processing of your personal data. This enables you to ask us to suspend the processing of personal data about you, for example if you want us to establish its accuracy or the reason for processing it.

Request the transfer of your personal data to another party.

If you want to exercise any of the above rights, please contact Martin Carney in writing at Irish Tax Institute, South Block, Longboat Quay, Grand Canal Harbour, Dublin 2, or contact us by email us at dataprivacy@taxinstitute.ie. If you wish to access your personal details you can use our Request Form.

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 for access is clearly unfounded or excessive. Alternatively, we may refuse to comply with the request in such circumstances.

What we may need from you and Response Time to Request

We may need to request specific information from you to help us confirm your identity and ensure your right to access the data (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We will respond to your request in writing, or orally if requested, as soon as practicable and in any event within one month of receipt of your request. 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.

RIGHT TO WITHDRAW CONSENT

In circumstances where you may have provided your consent to the collection, processing and transfer of your personal data for a specific purpose, you have the right to withdraw your consent for that specific processing at any time. To withdraw your consent, please contact dataprivacy@taxinstitute.ie. Once we have received notification that you have withdrawn your consent, we will no longer process your data for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.

DATA PRIVACY CONTACT

If you have any questions about this section or how we handle your personal data, please contact Martin Carney at dataprivacy@taxinstitute.ie. You have the right to make a complaint at any time to the Data Protection Commission (DPC), the Irish supervisory authority for data protection issues. We would, however, appreciate the chance to deal with your concerns before you approach the DPC, so please contact us in the first instance.

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 data

ANY QUERIES?

If you have any questions about this privacy notice, please contact Martin Carney at dataprivacy@taxinstitute.ie.

Last Updated: May 2018