Legal Bits

1. Our commitment

At Nanny Payroll & Tax Services LTD, we are committed to protecting the privacy of our customers; this policy sets out how we collect, use, and safeguard your personal information and the conditions under which we may need to share your data. This policy also covers information we may use for our marketing and communication activities and your choices regarding these activities, your privacy rights, and how the law protects you.

Our promise

• Always safeguard your personal data, keeping it safe and private.

• Never sell your data.

• Never pass your information on to a third party who is not critically related to the provision of our service. (See Section 7. Disclosure of your data).

• Always offer you choices regarding our marketing, in what you want to receive, when, and how.

• Always be open and transparent about why we collect your data, how it is used and stored, your rights in having access to your data, and your choice to have your data removed.

Please be aware that by using our website and/or any of our services, you are agreeing to our Privacy Policy. We may change this policy from time to time and advise you to check back regularly to ensure you are happy with any updates. This policy covers the General Data Protection Regulations (GDPR) changes that came into effect on 25 May 2018.

2. Who we are

Nanny Payroll & Tax Services LTD is a group of payroll and employment administration services.

We are a registered company in England & Wales with Registration No: 16193204 at First Floor, 244 Edgware Road, London, England, W2 1DS.

Nanny Payroll & Tax Services LTD acts as a ‘Data Controller’ for any personal data you provide us with. This means we will determine the purpose for which any data will be processed and the manner in which it is processed. This is in respect of your personal data as a customer of ours.

We also act as a ‘Data Processor’. This means, on your behalf, we will process the employee/s’ personal data that you provide us with. In this capacity, customers of Nanny Payroll & Tax Services LTD are the ‘Data Controller’ for their employee/s’ information.

If you have any questions about the personal data we hold for you, or want more details on how we use your information, you can contact us by emailing support@nannypaypro.co.uk.

3. Why we collect and keep your data

We must have at least one or more of the following reasons to satisfy a ‘lawful basis’ to collect your data:

• To fulfil a contract we have with you.

  • We collect and keep your data in order to provide you with the service you are paying us for.

• When it is our legal obligation to do so.

  • The nature of our service is to act on your behalf with government authorities such as Her Majesty’s Revenue and Customs (HMRC) and The Pensions Regulator (TPR). Legislation dictates that certain full and complete employment records must be kept for a specified period of time. As your payroll and auto enrolment agent, we are required to uphold this on your behalf.

• When you give us explicit consent to do so.

  • ‘Consent’ means ensuring we offer you choice and control regarding your data, how it is used and how we do business with you.

• For our legitimate interests.

  • A ‘legitimate interest’ means that we must have a clear and specific benefit or outcome in mind, relating to a business, service, or commercial reason to use your information. We must always be mindful of what is right and best for you, and our legitimate interests must not conflict with this.

Some of our legitimate reasons are listed below:

• To manage our relationship with you and deliver a service to you.

• To act on your behalf with organisations such as Her Majesty’s Revenue & Customs (HMRC) and The Pensions Regulator (TPR).

• To respond to any queries or complaints and to show we treated you fairly.

• To maintain records in accordance with government rules that we must adhere to.

• To make informed business decisions about the service we are providing, to support development and progression.

• To have a greater understanding of our customers, their requirements, and preferences.

Our customers and anyone we do business with will have the assurance that we will only collect personal information and data that we absolutely require to satisfy a lawful basis. Your data will only be used as required to perform functions specifically pertaining to our business.

4. Your rights

Of course, you have the right not to share personal information with us (the ‘right to object’) or ask us to delete, remove, or stop using your data (the ‘right to be forgotten’).

There may be official reasons why we continue to hold and use your data but if you believe we do not have a legitimate reason, please contact us to discuss why you think we should not be using it.

To provide the service you have chosen, there will be information we will need, including personal information, so we can fulfil our contractual service obligations to you. If you choose not to provide the information we require, or withdraw your consent, it may prevent processes from taking place and may even result in us not being able to provide you with a service at all. Some of the information we ask for may be optional, and we will tell you if this is the case.

We may make ‘automated decisions’ based on your data. This means we may place you in smaller groups with other similar customers to research and study, learn about your needs and expectations in order to make business and service decisions. This helps us to manage our customer relationships and tailor our services and products to specific customer needs. You will always have the ‘right to object’ and the ‘right to access’ how we do this.

If you find you are unhappy in how we have used your personal information, please let us know. We will take all reasonable steps to ensure your complaint is dealt with efficiently and fairly.

If you remain dissatisfied, you have the right to complain directly to the Information Commissioners Office (ICO) who can be contacted as follows:

• Write to: Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF

• Website: www.ico.org.uk

NannyPayPro is the trading name of Nanny Payroll & Tax Services LTD – company reg no: 16193204. NannyPayPro acts in the capacity of “payroll agent” on behalf of subscribers to its service. As “payroll agent”, NannyPayPro is not a party to any employment arrangement entered into between a subscriber and their employee and is thus not responsible for payment of any statutory liability that may arise as a consequence of such an arrangement.

All NannyPayPro subscriptions will run for a specified period, normally twelve tax months and at least six tax months, from the first tax week or tax month of tax records kept on behalf of a subscriber. One annual subscription covers payroll for twelve tax months for one employee, or any number of single employees employed consecutively over a twelve tax month period. One month is considered ‘one monthly payslip’, therefore if two consecutive nannies both receive a payslip in the same month, this is considered as two months for invoicing purposes. Where a subscriber joins NannyPayPro with retrospective employment liability to be calculated and declared, the subscription period will be backdated to the start of the period in question. Where the backdated period is more than twelve months duration an additional annual subscription (or subscriptions, if more than twenty four months) will be requested.

Where information concerning changes in employment arrangements are provided late by a subscriber, and especially where this results in a significant amount of extra work for NannyPayPro (eg. in amending client records, reissuing payslips or resubmitting statutory forms to the HM Revenue & Customs), NannyPayPro reserves the right to shorten the period of a client’s subscription, at its discretion, to cover the additional work involved, or to charge an additional fee for this work.

To the best of our knowledge, NannyPayPro operates the most generous refund policy of any nanny payroll provider. Where a subscriber ceases to require the NannyPayPro payroll service before their annual 12-month pre-paid subscription period has expired, they will be entitled to a subscription refund, upon request. Our refund policy offers all clients a pro rata refund of fees paid in excess of a minimum subscription or resubscription period of the first/next six months. For example, if a subscriber pays for an initial or repeat 12-month annual subscription any months not used beyond the first/next six will be refunded. NannyPayPro does not offer any refund under any circumstance against the NannyPayPro pension service fees.

In the event of a dispute arising between a subscriber and their employee, NannyPayPro will act on our subscriber’s instructions. However, factual payroll information will not be unreasonably withheld from an employee who has, in any case, a statutory right to access to their PAYE records. NannyPayPro also reserves the right to advise a subscriber that their proposed course of action in a dispute is in breach of their statutory obligations as an employer, and to refuse to carry out any such instructions from a subscriber if this is the case.

NannyPayPro will not bear any responsibility for HM Revenue penalties or interest charges that may arise as a consequence of failure on a subscriber’s part to make income tax or National Insurance liability payments due by dates advised by either NannyPayPro or HM Revenue & Customs, or as a consequence of failure to make information available to NannyPayPro which would affect or delay the submission to the HM Revenue & Customs of statutory returns by due dates.

NannyPayPro will not bear any responsibility for additional tax and National Insurance liabilities which may arise as a consequence of a subscriber agreeing to pay a net wage to their employee where variations in the employee’s personal tax code from the standard single person’s tax allowance in any given tax year may result in the subscriber incurring additional liability to that which would have been incurred had a gross wage been agreed.

NannyPayPro will not bear any responsibility for unexpected PAYE liabilities which may arise should the tax code applied to your payroll be incorrect for any reason. It is the responsibility of the employee to ensure the tax code shown on their payslip is correct which can be verified with HM Revenue & Customs by the employee at any time.

NannyPayPro will not accept liability for overpayment or underpayment of wages incurred as result of an error in processing a client’s specified wage for any period from the date that a first payslip for a full period of a week or month at the newly instructed rate is sent to the subscriber. It is each subscriber’s responsibility to check payslips received from NannyPayPro to ensure that the specific net pay or gross pay sum they have stipulated is shown on the first full week or full month payslip provided.

NannyPayPro will not bear any responsibility for HM Revenue & Custom penalties or interest charges which may arise as a result of employment arrangements existing prior to a subscriber joining NannyPayPro or for retrospective liability due or the consequences of late-filing a declaration of retrospective liability where NannyPayPro was joined after the due date.

While NannyPayPro will make every effort to make subscribers aware of the tax/NI implications of their proposed or actual employment arrangements under the PAYE system, NannyPayPro will not bear any responsibility for liabilities that may arise out of a subscriber’s unfamiliarity with or lack of understanding of how the PAYE system works in terms of their own particular employment arrangements. NannyPayPro will not be held responsible for any additional tax/NI liability incurred as a consequence of failure to follow advice given by NannyPayPro to a subscriber.

NannyPayPro reserves the right to alter, amend and reissue the terms and conditions under which it provides its service in the light of changes in UK or EEC tax or employment law or in the light of issues that arise in the course of providing a service to its subscribers.

NannyPayPro will not accept liability for the consequences of any advice from NannyPayPro given or omitted in error.

NannyPayPro will not accept liability for any consequences arising from the failure of NannyPayPro to receive information from a subscriber or of a subscriber to receive information from NannyPayPro as a result of a failure of the postal system. Subscribers are strongly advised to contact NannyPayPro if information they are expecting from NannyPayPro has not been received within ten working days of it being due – unless they have already been advised by NannyPayPro of a longer timeframe or of specific reasons for such a delay.

All invoices are due for payment within 30 days of the original invoice being issued. NannyPayPro reserves the right to withdraw service from any client with an outstanding invoice and shall not be liable for any penalties imposed by HM Revenue & Customs or the Pensions Regulator as a result of our withdrawal of service.

NannyPayPro may cancel the contract at any time by giving to the client not less than three months’ notice in writing.

Nanny Payroll & Tax Services LTD, trading as NannyPayPro, is registered with HMRC under the Money Laundering Regulations 2007, and is required to, and will comply with all legislation and appropriate guidelines designed to combat money laundering activity, the funding of terrorist or criminal activity in the jurisdictions in which it operates. NannyPayPro is required under the rules of the HMRC and the provisions of the Money Laundering Regulations 2007 to verify the identification of its client. For this purpose you agree to provide the documents and information that may be required to comply with the company’s procedures.