(Last updated May 2018)

 

By using our Website you agree to these terms, the disclaimers in clause 8 and the limitations on liability in clause 9. Use of our Website includes accessing, browsing, or registering to use our Website.

Please read these Terms of Use carefully before you start to use our Website, as these will apply to your use of our Website. We have the right to update our Website from time to time, and may change the content at any time. However, please note that any of the content on our Website may be out of date at any given time, and we are under no obligation to update it. Please check this page from time to time to take notice of any changes we make, as they are binding on you.

We do not guarantee that our Website, or any content on it, will be free from errors or omissions.

If you do not agree to these Terms of Use, you should not use our Website.

 

1. DEFINITIONS

Agreement:	the applicable Order, these Terms of Use, any variations agreed between us and any additional terms notified to you before use of the Services.
Authorised Users:	individuals who have paid for the Services or in the case of organisations includes any person in the business unit or units that we have agreed with you is or are to benefit from the licence.
Confidential Information:	information that is proprietary or confidential and is either clearly labelled as such or identified as Confidential Information in Clause 7.
Data:	the data input by you (and anyone authorised by you) for use in conjunction with the Tax Diagnostic Tool.
Hosting Services:	the services we provide to allow you to access and use interactive services on our websites.
Licence Fee:	the licence fee for the Services to be provided under this Agreement, as specified in the applicable Order.
Licence Period:	the period in respect of which a Licence Fee is payable for any Service, as specified in the applicable Order unless the user is a Trial User in which case no fee will be payable.
Order:	the customer order form confirming the services being offered to you subject to these Terms of Use.
Services:	includes Hosting Services, the Tax Diagnostic Tool and the provision of a Tax Diagnostic Report as the context requires.
Software:	the software provided by us or by our suppliers which enables you to use the Services, including data schemes, data models, databases and the like.
Start Date:	the date the Licence Period starts.
Subscriber:	members who pay a Licence Fee for the Services.
Tax Diagnostic Tool:	the Tax Diagnostic Tool provided by us to you under this Agreement as is specified in the Order.
Tax Diagnostic Report:	The report produced upon completion of the Tax Diagnostic Tool.
Trial:	Trial Users who access the Website free of charge for a Trial Period only.
Trial Period:	the period of the Trial as set out in email correspondence with us.
Trial User:	individuals who access the site on a Trial for the Trial Period
Usage Charge:	the usage charge payable for each use of the Tax Diagnostic Tool as described in clause 3
us, we, our:	Diagnostax Limited (Company No. 09960299). Registered in England and Wales. Registered office: 27 Old Gloucester Street, London WC1N 3AX
Website:	www.diagnostax.co.uk
you or your:	the party entering into an Agreement with us by accepting these Terms of Use.  Where the context so requires, you or your includes your Authorised Users.

 

2. LICENCE FOR USE

• Trial Users

In relation to Trial Users only, during the Trial Period you will be expected to complete the Tax Diagnostic Tool with a required number of clients as described in the supporting documentation received on commencement on a Trial. We will monitor usage during the Trial.

Please note this Trial Period is offered to you on the expectation that upon completion you will purchase a licence for the Services and become a Subscriber. We reserve the right to not offer you another free trial, should you decide to not proceed with paying the Licence Fee.

Throughout the duration of the Trial Period, we grant you a non-exclusive licence to use our Website including the Tax Diagnostic Tool for the purpose of evaluating whether you wish to purchase a licence.

• For Subscribers Only

We authorise you and your Authorised Users to access our Website for which you agree to pay us the Licence Fee. The Licence Fee shall be paid by direct debit which shall be paid in full within 30 days of the date of the invoice.

This Agreement (including the licences hereunder) starts on the Start Date and ends on the first of the following events:

• the end of the Licence Period (unless we have agreed with you to renew this Agreement; or
• termination of this Agreement under clause 10.

You may subject to clause 3 below:

• use the Tax Diagnostic Tool for your own business purposes; and
• make available to clients, a copy of the Tax Diagnostic Report generated for them by the Tax Diagnostic Tool.

• Licence for Use of Hosting Services

We hereby grant you subject to these terms a non-exclusive, non-transferable licence to access the Software through the Hosting Services and to use the Software solely for your business purposes (and for the avoidance of doubt, nothing in this Agreement grants to you any rights whatsoever in or relating to the source code of the Software).

You shall not store, distribute or transmit any material through the Hosting Services that is unlawful, harmful, threatening, defamatory, obscene, harassing or racially or ethnically offensive; facilitates illegal activity; depicts sexually explicit images; or promotes unlawful violence, discrimination based on race, gender, colour, religious belief, sexual orientation, disability, or any other illegal activities;

You shall not:

• attempt to duplicate, modify, disclose or distribute any portion of the Software; or
• attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form any of the Software, except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties; or
• use the Software or Hosting Services to provide hosting services to third parties, without our prior written consent; or
• transfer, temporarily or permanently, any rights or obligations under this Agreement, or
• attempt to obtain, or assist others in obtaining, access to the Software, other than as provided under this clause.

We confirm we have all the rights in relation to the Software that are necessary to grant all the rights we purport to grant under the terms of this Agreement.

 

3. USAGE FEES – SUBSCRIBERS ONLY

• Each use of the Tax Diagnostic Tool shall be subject to a usage charge as stipulated in the order ("Usage Charge").

• Where you are subject to the charges specified in clause 3, we will send you an invoice to confirm the usage and the total amount outstanding. The charges must be paid via direct debit which shall be due in full within 30 days of the date of the invoice. Please note we reserve the right to change the Usage Charge should we decide to do so, we will however notify you of this change 30 days prior to any change coming into force.

 

4. YOUR OBLIGATIONS

• You will take reasonable steps to ensure that you and your Authorised Users comply with these Terms of Use and do not:

• create, copy, modify, download (save from printing reports) or otherwise reproduce the Tax Diagnostic Tool nor any material relating to part of the Services, except as permitted under this Agreement or authorised by us in writing;
• make any part of the Tax Diagnostic Tool or of the Services available to anyone, except as permitted under this Agreement or authorised by us in writing;
• provide us with any Confidential Information for the purpose of a query which might breach any legal or professional duty;
• in respect of any query raised by you with us, provide any answer by us to a query to any client or permit any client or other third party to be aware of or rely upon our provision of such an answer without the answer first being considered by you using your professional skills, and where adopted by you, being incorporated in to your own advice to your client; or;
• purport to assign or otherwise dispose of your rights under this Agreement.

• You will take reasonable steps to ensure that nobody other than Authorised Users accesses the Services using accounts created with your username and password.

• You acknowledge and agree that we and our licensors own all intellectual property rights in the Software (including the Services). Except as expressly stated in this Agreement, this Agreement does not grant you any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Software, Services or any related documentation.

• You are solely responsible for the appropriate use and adaption of our Website including the Tax Diagnostic Tool for your own use and in your provision of advice and services to your clients.

• You recognise and accept that in our Tax Diagnostic Tool (including our answers to queries) we are not providing legal or tax advice, and you must inform any individuals using the Services on your behalf that neither us nor our employees are giving legal or tax advice.

• Subject to Clause 6 (Our obligations), you will defend, indemnify and hold Us harmless against claims, actions, proceedings, losses, damages, expenses and all costs arising out of or in connection with your misuse of the Software or Services, provided that:

• You are given prompt notice of any such claim;
• We provide reasonable co-operation to you in the defence and settlement of such claim, at your expense; and
• You are given sole authority to defend or settle the claim.

• You will maintain adequate and appropriate professional indemnity insurance in relation to any professional services you provide.

• You are responsible for configuring your information technology, computer programmes and platform in order to access the Services. You should use your own virus protection software.

• In this clause the terms ‘Data’ and ‘Personal Data’ shall have the same meaning as in the Data Protection Act 1998 and any modification or re-enactment thereof. You hereby consent and authorise us to process, use, collect and disclose any of your Data and Personal Data to the extent necessary for carrying out our obligations (and in accordance with our privacy policy) under this Agreement. Pursuant to the foregoing, you confirm you have procured written consent from your clients for us to process, use, collect and disclose their Data and Personal to the extent necessary for carrying out our obligations (and in accordance with our privacy policy) under this Agreement.

 

5. LINKING TO OUR SITE

• You may link to our home page of our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

• You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our site on any website that is not owned by you.

• Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page. We reserve the right to withdraw linking permission without notice.

• If you wish to make any use of content on our Website other than that set out above, please contact info@diagnostax.co.uk

• 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.

 

6. OUR OBLIGATIONS

• We warrant that you will not infringe any third party intellectual property rights by using our Website including the Tax Diagnostic Tool or the Software and we will indemnify you against losses, costs or expenses that you may incur as a result of any claim that the use by you of the Tax Diagnostic Tool infringes any patent, copyright, trade mark, database right or intellectual property right, provided that:

• We are given prompt notice of any such claim;
• You provide reasonable co-operation in the defence and settlement of such claim, at Our expense; and
• We are given sole authority to defend or settle the claim.

• In the defence or settlement of the claim, we may at our discretion obtain for you the right to continue using the Software or the Tax Diagnostic Tool, replace or modify the Software or the Tax Diagnostic Tool so that it becomes non-infringing or, if such remedies are not reasonably available, terminate this Agreement without liability to you. We shall have no liability if the alleged infringement is based on:

• a modification of the Software or the Tax Diagnostic Tool by anyone other than us; or
• Your use of the Software or Tax Diagnostic Tool in a manner contrary to the instructions given to you by us; or
• Your use of the Software or Tax Diagnostic Tool after notice of the alleged or actual infringement from us or any other person.

• The foregoing states your sole and exclusive rights and remedies, and our entire obligations and liability, for infringement of any patent, copyright, trade mark, database right or right of confidentiality.

• We will take reasonable steps to ensure that Software and data files we supply to you as part of the Service are virus-free.

• We will use our best endeavours to ensure that your Data is maintained securely and is properly backed-up. In the event of any loss or damage to your Data, your sole and exclusive remedy shall be that we use our best endeavours to restore the lost or damaged Data from the latest back up of such Data. We shall not be responsible for any loss, destruction, alteration or disclosure of your Data caused by any third party (except those third parties sub-contracted by us to perform services related to the Data maintenance and back-up).

• We will use our best endeavours to ensure that the Services are provided continuously and that access to our website is not interrupted by any event within our control. We will notify you in advance of planned downtime, which, if reasonably practicable, will be scheduled outside normal United Kingdom office hours.

• We undertake no obligation to respond to queries.

 

7. CONFIDENTIALITY

• Each party may be given access to Confidential Information from the other party in order to perform its obligations under this Agreement. A party's Confidential Information shall not be deemed to include information that:

• is or becomes publicly known other than through any act or omission of the receiving party; or
• was in the other party's lawful possession before the disclosure; or
• is lawfully disclosed to the receiving party by a third party without restriction on disclosure; or
• is independently developed by the receiving party, which independent development can be shown by written evidence; or
• is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body.

• Except where provided for in this Agreement, each party shall hold the other's Confidential Information in confidence and, unless required by law, not make the other's Confidential Information available to any third party, or use the other's Confidential Information for any purpose other than the implementation of this Agreement.

• Each party shall use its best endeavours to ensure that the other's Confidential Information to which it has access is not disclosed or distributed in violation of the terms of this Agreement.

• Neither party shall be responsible for any loss, destruction, alteration or disclosure of Confidential Information caused by any third party (except, in our case, those third parties sub-contracted by us to perform services related to the Data maintenance and back-up).

• You acknowledge that our Confidential Information includes the Software and the Licence Fee.

• We acknowledge that your Data is your Confidential Information.

• This clause shall survive termination of this Agreement, however arising.

8. DISCLAIMER (YOUR ATTENTION IS DRAWN TO THIS CLAUSE)

• We give you no warranty or assurance, except as expressly set out in this agreement. We declare and you acknowledge that all implied warranties and conditions are excluded to the maximum extent permitted by law.

• Our policy is to conduct our business at all times in a professional manner and to best practice standards. We use our best endeavours to maintain the Tax Diagnostic Tool up to date and to develop our Services to meet subscribers’ needs. However, you should note in particular:

• The Tax Diagnostic Tool is not intended to constitute a definitive or complete statement of the law on any subject, nor is any part of it intended to constitute legal, accounting, investment or tax advice for any specific situation.
• We do not undertake any obligation to consider whether the information provided to or by us for the purpose of our Tax Diagnostic Tool (including answering a query) is either sufficient or appropriate for any particular actual circumstances.
• The Tax Diagnostic Tool may include archived information and resources, which may be incorrect or out of date.
• We are a provider of the Services. We do not accept any responsibility for action taken as a result of information provided by us. You should take specific advice when dealing with specific situations. The Services are general and educational in nature, may not reflect all recent legal developments and may not apply to the specific facts and circumstances of individual transactions and cases. We do not represent or advise clients in any matter and are not bound by the professional responsibilities and duties of a practitioner. Nothing in the Services or in these Terms of Use nor any receipt or use of such Services, shall be construed or relied on as advertising or soliciting to provide any legal, investment, accounting or tax services, creating any client relationship or providing any legal representation, advice or opinion whatsoever on behalf of us or our staff.
• We give you no warranty or assurance that the Services and our means of delivering them are compatible with your software or computer configuration.
• We may change part or all of any Service at our discretion.

9. LIABILITY (YOUR ATTENTION IS DRAWN TO THIS CLAUSE)

• This clause sets out our entire financial liability (including any liability for the acts or omissions of our employees, agents, contributors, consultants and sub-contractors) to you in respect of:

• any breach of this Agreement;
• any use made by you of the Services or the Software or any part of them; and
• any representation, statement or tortious act or omission (whether negligent or otherwise) arising under or in connection with this Agreement.

• Except as expressly and specifically provided in this Agreement and particularly Clause 6:

• You assume sole responsibility for results obtained from the use of the Software and the Services by you, and for conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided by you in connection with the Services, or any actions taken by us at your direction; and
• all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this Agreement.

• Nothing in this Agreement excludes our liability:
• for death or personal injury caused by our negligence; or
• for fraud or fraudulent misrepresentation.

• Subject to Clause 6 and Clause 9:

• We shall not be liable for any loss of profits, loss of business, depletion of goodwill or similar losses or pure economic loss, or for any special, indirect or consequential loss costs, damages, charges or expenses however arising; and
• Our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Agreement shall be limited to an amount equal to three times the Licence Fee paid (or which would have been paid) for the Services during the 12 months preceding the date on which the claim arose. You acknowledge that this limitation of our liability is reasonable.

• Under this clause, "our liability" includes that of any company in our group and our and their respective agents, employees, contributors and consultants and sub-contractors, "you" includes any other party claiming through you and "loss or damage" includes any losses, damages, costs or expenses whatsoever or howsoever arising in connection with the Service, whether under this Agreement or other agreement or in consequence of any misrepresentation, misstatement or tortious act or omission, including negligence.

• We shall have no liability to you under this Agreement if we are prevented from or delayed in performing our obligations under this Agreement or from carrying on business by acts, events, omissions or accidents beyond our reasonable control, including without limitation default of sub-contractors, strikes, lock-outs or other industrial disputes, failure of a utility service or transport or communications network, cyberattacks , breach of security act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood or storm.

10. TERMINATION

• This Agreement will terminate if you or we are in material breach of any of these Terms of Use and if the breach is not remedied within the period of 30 (thirty) working days after written notice of it has been given to the party in breach. If we are in material breach as a result of circumstances within our control, you will be entitled to pro-rata return of the Licence Fee (if the Licence Fee has been paid).

• Notwithstanding Clause 10, if payment of the Licence Fee or Usage Charge is not made in full by the due date(s), without prejudice to any rights or remedies otherwise available, we reserve the right to (a) charge interest on the outstanding balance of all overdue sums at the Bank of England's Base Rate per annum; and (b) suspend or withdraw access to each relevant Service(s).

• On termination of this Agreement for any reason:

• all licences granted under this Agreement shall immediately terminate;
• all data belonging to you will be deleted from our system within 30 days of termination;
• subject to the exceptions in this sub-clause, you will take reasonable steps to delete the Software and the Tax Diagnostic Tool from your electronic media, including your intranet and electronic storage devices so that you no longer have an electronically functional copy of the Software or any part of the Tax Diagnostic Tool; and
• termination shall not affect or prejudice the accrued rights of the parties as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination.

 

11. GENERAL PROVISIONS

• The rights provided under this Agreement are granted to you only, and shall not without our prior written consent be considered granted to any subsidiary or holding company. You may not, without our prior written consent, assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under this Agreement.

• This Agreement is not intended to benefit anyone other than the parties to it and, in particular, no term of this Agreement shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a third party.

• Unless specifically provided otherwise, rights arising under this Agreement are cumulative and do not exclude rights provided by law.

• If any provision (or part of a provision) of this Agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.

• If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.

• This Agreement, the Licence Fee invoice and any agreed written record identifying Authorised Users constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties relating to the subject matter of this Agreement. Each of the parties acknowledges and agrees that in entering into this Agreement it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently made or not) of any person (whether party to this Agreement or not) other than as expressly set out in this Agreement. The only remedy available to it for breach of the Agreement shall be for breach of contract under the terms of this Agreement.

• English law governs this Agreement and the parties submit to the exclusive jurisdiction of the English courts.

 

Privacy Notice

Diagnostax Limited respects and values your privacy. We care about the way in which your personal data is treated and are committed to protecting it, ensuring compliance with legal obligations at all times. This privacy notice explains how we collect, use, store and share your personal data.

This privacy notice describes:

• data controller and data processor
• what personal information we collect about you
• how we obtain your personal information
• how we use your personal information
• on what basis we use your personal information
• how long we keep your personal information for
• who we share your personal information with
• how we protect your personal information
• which countries we transfer your personal information to
• your rights regarding your personal information

 

Data Controller and Data Processor

Diagnostax Limited is both a data controller and a data processor.

We are a data controller in respect of personal information we collect from you. This means that we are responsible for deciding how we hold and process your personal information. We are a data processor in respect of personal information we process on behalf of our customers (who determine the purposes and means of processing your personal information) in the course of provision of our services.

Our Data Protection Officer (DPO) oversees compliance with data protection laws. Also, the DPO is responsible for overseeing questions in relation to this privacy notice. If you have any questions or complaints about this privacy notice, including any requests for further information or to exercise your legal rights, then please contact the DPO using the details below:

 

Lindsey Daniels

Data Protection Officer

Diagnostax Limited

27 Old Gloucester Street

London

WC1N 3AX

Email: info@diagnostax.co.uk

Tel:      0800 1018 317

 

What Personal Information Do We Collect About You?

We may collect personal information from you in the course of our business, including through your use of our website, when you contact or request information from us, when you engage our services or as a result of your relationship with one or more of our staff and customers.

The personal information that we process includes:

• basic information, such as your full name, date of birth, the company you work for and your title or position
• contact information, such as your postal address, email address and phone number(s)
• identification and background information provided by you or collected as part of our business acceptance processes and to meet legal obligations
• financial information, such as information related to your financial affairs, for example, accounts or tax returns
• technical information, such as information from your visits to our website or applications or in relation to materials and communications we send to you electronically
• information you provide to us for the purposes of attending meetings, events and training seminars
• personal information provided to us by or on behalf of our customers or generated by us in the course or providing services to them
• any other information relating to you which you may provide to us, such as your preferences in receiving marketing from us and our third parties

It is important that the personal information we hold about you is accurate and current. Please keep us informed at info@diagnostax.co.uk if your personal information changes during your relationship with us.

 

How We Obtain Your Personal Information

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

• we collect information from you as part of our business acceptance processes, and about you and others as necessary in the course of providing our services (where we need to collect personal information by law, or under the terms of a contract we have with you and you fail to provide that information when requested, we may not be able to perform the contract we have or are trying to enter into with you to provide services)
• we collect your personal information while monitoring our technology tools and services, including our websites and email communications sent to and from Diagnostax Limited.
• we gather information about you when you provide it to us, or interact with us directly, for instance engaging with our employees or registering on one of our digital platforms or applications, for example when you subscribe to our mailing list, watch our demo videos and request marketing materials to be sent to you
• we may collect information about you from other sources, such as keeping the contact details we already hold for you accurate and up to date using publicly available sources, such as Companies House and Linkedin.

 

How We Use Your Personal Information

We collect and process personal information about you in a number of ways, including during provision of services by us. We use this information:

• to provide and improve our services to you and to our customers, including handling the personal information of others on behalf of our customers
• to manage and administer our relationship with you and our customers
• to provide information requested by you
• to fulfil our legal, regulatory and risk management obligations
• to prevent fraud, anti-money laundering, anti-bribery and to prevent or detect crime
• to promote our services and direct marketing, including sending updates, publications and details of events
• managing our business performance, assessing client satisfaction, monitoring the success of our campaigns and enhancing the client experience
• to provide and improve this website
• for the purposes of recruitment

 

Our Services

We collect, use and hold personal information in the course of and in connection with the services we provide to our customers. We will process identification and background information as part of our business acceptance, finance, administration and marketing processes, including anti-money laundering checks. We will also process personal information provided to us by or on behalf of our customers for the purposes of the work we do for them. The information may be disclosed to third parties to the extent reasonably necessary in connection with that work. Please also see ‘Who we share your personal information with’ below.

 

Marketing and other emails

We use personal information to send you marketing material to promote our services where you have requested such information or purchased services from us. Also, we use personal information to understand whether you read the emails and other materials, such as newsletters, that we send you and whether and how you visit our website. We do this by using software that places a cookie on your device which tracks this activity and records it against your email address. Please see ‘Use of Diagnostax Limited website’ below for more information on cookies and how to manage and remove them. Removal of this cookie will not affect your experience on our websites.

If you receive marketing communications from us and no longer wish to do so, you may unsubscribe at any time by emailing us at marketing@diagnostax.co.uk

 

Meetings, events and seminars

We will collect and process personal information about you in relation to your attendance at our offices or at an event or seminar organised by Diagnostax Limited or its business partners. We will only process and use special categories of personal information about your dietary or access requirements in order to cater for your needs and to meet any other legal or regulatory obligations we may have. We may share your information with IT and other service providers or business partners involved in organising or hosting the relevant event.

 

Use of Diagnostax Limited website

A number of facilities on our website invite you to provide us with personal information, such as the vacancy application facility in the ‘Work with us’ section of our website and our email queries facilities.  The purpose of these facilities is apparent at the point that you provide your personal information and we only use that information for those purposes.

Our website uses Google Analytics, a web-based analytics tool that tracks and reports on the manner in which the website is used to help us to improve it. Google Analytics does this by placing small text files called ‘cookies’ on your device. The information that the cookies collect, such as the number of visitors to the site, the pages visited and the length of time spent on the site, is aggregated and therefore anonymous.  Please also see ‘Marketing and other emails’ set out above.

You may refuse the use of cookies or withdraw your consent at any time by selecting the appropriate settings on your browser but please note that this may affect your use and experience of our website. By continuing to use our website without changing your privacy settings, you are agreeing to our use of cookies.

 

On What Basis Do We Use Your Personal Information

We use your personal information on the following lawful basis:

• you have provided express consent
• necessary to perform a contract, such as engaging with individuals and organisations to provide tax software and tax advisory/consultancy services
• to comply with contractual, legal and regulatory obligations
• necessary for legitimate business purposes - please see set out above ‘How We Use Your Personal Information’ for more detail
• necessary for the establishment, exercise or defence of legal claims or proceedings

 

How Long We Keep Your Personal Information For

Your personal information will be retained in according to the requirements of applicable data protection laws and the purpose for which the information is collected and used, taking into account legal and regulatory requirements to retain the information for a minimum period, limitation periods for taking legal action, good practice and Diagnostax Limited’s business purposes.

Please be assured we will only retain your personal information 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. We review the personal data retained on a regular basis and delete any information which is no longer required for the purpose it was collected for.

 

Who We Share Your Personal Information With

Any information that you provide to us may be shared with and processed by any of our group companies.

We may also share your personal information with certain trusted third parties in accordance with contractual arrangements in place with them and insofar as we are permitted by law to do so, including:

 

• our professional advisors, auditors, our insurers and insurance brokers
• suppliers to whom we outsource certain services, such as technology service providers like case management services, developers etc.
• T. service providers to Diagnostax Limited, including cloud and data room providers
• third parties engaged in the course of the services we provide to customers and with their prior consent, such as members of our Professional Advisory Panel who are tax advisors/consultants
• third parties involved in hosting or organising events or seminars

 

Where necessary, or for the reasons set out in this policy, personal information may also be shared with regulatory authorities, courts, tribunals, government agencies and law enforcement agencies. While it is unlikely, we may be required to disclose your information to comply with legal or regulatory requirements. We will use reasonable endeavours to notify you before we do this, unless we are legally restricted from doing so.

If in the future we re-organise or transfer all or part of our business, we may need to transfer your information to group entities or to third parties through which the business of Diagnostax Limited will be carried out.

We may use social media sites such as Facebook, LinkedIn and Twitter.  If you use these services, you should review their privacy policy for more information on how they deal with your personal information.

 

How We Protect Your Personal Information

We use a variety of technical and organisational measures to help protect your personal information from unauthorised access, use, disclosure, alteration or destruction consistent with applicable data protection laws.

We hold the internationally recognised security standard, ISO27001. This standard is a framework of policies and procedures that includes all legal, physical and technical controls involved in an organisation's information security management system and is independently verified.

All employees of Diagnostax Limited are required to comply with its information security policy.

 

Which Countries We Transfer Your Personal Information

In order to provide our services, we may need to transfer your personal information to locations outside the jurisdiction of England and Wales. This may entail a transfer of your information from a location within the European Economic Area (the “EEA”). Please see ‘Who we share your personal information with’ for more detail on how the information may be shared with suppliers and third party service providers. Where this is the case, EU standard contractual clauses are in place between Diagnostax Limited and such suppliers and third party service providers that share and process personal data.

 

Your Rights Regarding Your Personal Information

The European Union’s General Data Protection Regulation and other applicable data protection laws provide certain rights for data subjects.

You are entitled to request details of the information we hold about you and how we process it. You may also have a right in accordance with applicable data protection law to have it rectified or deleted, to restrict our processing of that information, to stop unauthorised transfers of your personal information to a third party and, in some circumstances, to have personal information relating to you transferred to another organisation. You may also have the right to lodge a complaint in relation to Diagnostax Limited’s processing of your personal information with a local supervisory authority.

If you object to the processing of your personal information, or if you have provided your consent to processing and you later choose to withdraw it, we will respect that choice in accordance with our legal obligations.

Your objection (or withdrawal of any previously given consent) could mean that we are unable to perform the actions necessary to achieve the purposes set out above (see ‘How We Use Your Personal Information’) or that you may not be able to make use of the services and products offered by us. Please note that even after you have chosen to withdraw your consent we may be able to continue to process your personal information to the extent required or otherwise permitted by law, in particular in connection with exercising and defending our legal rights or meeting our legal and regulatory obligations.

We must ensure that your personal information is accurate and up to date. Therefore, please advise us of any changes to your information by emailing us at info@diagnostax.co.uk